SB 1087 — An Act establishing a joint legislative, executive and judicial commission on the child-welfare system.

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1544 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

18671087 THE2018 GENERALINTRODUCED ASSEMBLYBY OFBAKER PENNSYLVANIAAND SENATESCHWANK, BILLMARCH Session15, of2018 No.REFERRED TO HEALTH AND HUMAN SERVICES, MARCH 15, 2018 AN ACT Establishing a joint legislative, executive and judicial commission on the child-welfare system.

1087 2018 INTRODUCED BY BAKER, SCHWANK, RAFFERTY, VOGEL, WARD, FARNESE, MENSCH, COSTA, VULAKOVICH, BROWNE, YUDICHAK, BARTOLOTTA AND WAGNER, MARCH 15, 2018 AS AMENDED ON THIRD CONSIDERATION, JUNE 12, 2018 AN ACT Estcommission on the child-welfare system.e and judicial The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

(6) Therefore, the legislative, judicial and executive branches of State government should undertake a joint noncriminal investigation and review to ascertain whether the <-- child-welfare system is failing to protect children in this Commonwealth.

NONCRIMINAL(ii) INVESTIGATIONrestore ANDpublic REVIEWconfidence OFin THEthe CHILD-WELFAREprotection <--of SYSTEM.children who have been referred to, are under the care of or have been adopted after having been under the care of the child-welfare system;

THE REVIEW SHOULD:

(I) FOCUS ON THE STRENGTHS AND CHALLENGES OF THE CHILD-WELFARE SYSTEM;

(ii) restore public confidence in the protection of children who have been referred to, are under the care of <-- PLACED IN FOSTER CARE or have been adopted after having <-- been under the care of the child-welfare system;

20180SB1087PN1867 - 2 - Section 3.

"Commission." The Interbranch Commission on the Child- 20180SB1087PN1544 - 2 - Welfare System established under this act.

(1) Four SIX members appointed by the Chief Justice of <-- the Supreme Court of Pennsylvania as follows:

(IV) TWO ATTORNEYS WHO HAVE EXPERIENCE REPRESENTING <-- PARENTS IN DEPENDENCY HEARINGS.

20180SB1087PN1867 - 3 - (iii) The Speaker of the House of Representatives.

One member <-- must be a foster parent.

One member must be a member of a private sector organization providing foster or residential care and two members must be members of a child-welfare or 20180SB1087PN1544 - 3 - advocacy group.

(3) FIVE MEMBERS APPOINTED BY THE GOVERNOR AS FOLLOWS:

<-- (I) ONE FOSTER PARENT.

(II) ONE MEMBER OF A PRIVATE SECTOR ORGANIZATION PROVIDING FOSTER OR RESIDENTIAL CARE.

(III) ONE MEMBER OF A CHILD-WELFARE OR ADVOCACY GROUP.

(IV) ONE REPRESENTATIVE OF A COUNTY CHILDREN AND YOUTH AGENCY.

(V) ONE REPRESENTATIVE WITH A BACKGROUND IN CHILD WELFARE FROM A SCHOOL OF SOCIAL WORK AT AN INSTITUTION OF HIGHER LEARNING.

(d) Quorum and voting.-- (1) The physical presence of a A majority of the members <-- constitutes a quorum.

(e) Participation.--A member not physically present may 20180SB1087PN1867 - 4 - participate by teleconference or video conference.

(i) Collaboration.--The Administrative Office of Pennsylvania Courts AND THE JUVENILE COURT JUDGES' COMMISSION <-- shall collaborate with the commission.

20180SB1087PN1544 - 4 - Section 5.

(1) To investigate and analyze the events, practices, processes, procedures and other activities surrounding the abusive treatment of children who were in foster care, <-- including children who were adopted and who died from the <-- LATER DIED FROM abuse.

<-- (2) To investigate and analyze the events, practices, processes, procedures and other activities related to the child-welfare system in this Commonwealth.

(3) To review the procedures, practices and rules 20180SB1087PN1867 - 5 - relating to the selection of foster parents and potential adoptive parents.

(5) To review the oversight of foster homes, potential <-- adoptive homes and other facilities for children in placement in the child-welfare system.

AND LICENSING OF COUNTY AND <-- PRIVATE CHILDREN AND YOUTH AGENCIES, FOSTER CARE AGENCIES AND ADOPTION AGENCIES.

A person who willfully 20180SB1087PN1544 - 5 - neglects or refuses to testify before the commission or to produce a book, paper, record, document or data or information produced and stored by an electronic data processing system shall be subject to the penalties provided by the laws of this Commonwealth.

(9) To cause the deposition of witnesses in this 20180SB1087PN1867 - 6 - Commonwealth to be taken in the manner prescribed by law for taking depositions in civil actions.

(2) TOTo KEEPmake, ALLwithin INDIVIDUALLY24 IDENTIFIABLEmonths INFORMATIONof <--the CONFIDENTIAL.effective date of this section, recommendations to the Governor, the Supreme Court, the Senate, the House of Representatives and the department based on the investigation of issues under subsection (a).

(2) (3) To make, within 24 months of the effective date <-- of this section, recommendations to the Governor, the Supreme Court, the Senate, the House of Representatives and the department based on the investigation of issues under subsection (a).

(i) To improve the child-welfare system.,system. INCLUDING <-- EXPANDING CURRENT SUCCESSFUL PRACTICES.

(3) (4) To make reports as follows:

<-- (i) The commission may file status reports and updates with the Governor, the Supreme Court, the Senate, the House of Representatives and the department as the commission deems appropriate.

(ii) The commission shall issue a final report 20180SB1087PN1544 - 6 - within 24 months of the effective date of this section.

20180SB1087PN1867 - 7 - Section 6.