2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6336.1 - Notice and hearing

§ 6336.1. Notice and hearing.
(a) General rule.--
The court shall direct the county agency or juvenile probation department to provide the child's foster parent, preadoptive parent, relative providing care for the child or a potential kinship care resource under 67 Pa.C.S. § 7507(c) (relating to Kinship Care Program) with timely notice of the hearing. The court shall provide the child's foster parent, preadoptive parent or relative providing care for the child the right to be heard at any hearing under this chapter. The court shall provide a potential kinship care resource with the right to be heard during a scheduled hearing or at a separate dispositional hearing, but only as to the individual's qualifications to provide kinship care. Once a potential kinship care resource has had an opportunity to address the court, the court shall render a decision as to whether the potential kinship care resource may receive notice or participate in future hearings under this chapter. Unless a foster parent, preadoptive parent, relative providing care or a kinship care resource for a child has been awarded legal custody pursuant to section 6357 (relating to rights and duties of legal custodian), nothing in this section shall give the foster parent, preadoptive parent, relative providing care or a potential kinship care resource for the child legal standing in the matter being heard by the court.
(b) Permanency hearings.--
(1) Prior to a permanency hearing under section 6351(e) (relating to disposition of dependent child), a child's foster parent or parents, preadoptive parent or relative providing care for the child may submit to the court a report in regard to the child's adjustment, progress and condition.
(2) The county agency shall notify the foster parent or parents, preadoptive parent or relative providing care for the child of the right to submit a report under this subsection to the court on a form under paragraph (3). The county agency shall provide the foster parent or parents, preadoptive parent or relative providing care for the child with information identifying the name of the judge or officer of the court, along with mailing address, to whom the report is to be submitted.
(3) The Department of Public Welfare shall develop a form for use by a foster parent or parents, preadoptive parent or relative providing care for the child, including, but not limited to, the following information:
(i) Date of completion.
(ii) Name and address of child.
(iii) Name and address of foster parent or parents, preadoptive parent or relative providing care for the child. The information under this subparagraph shall be considered confidential except at the discretion of the court.
(iv) Name of primary caseworker and agency.
(v) Description of child's adjustment in the home.
(vi) Description of child's interaction with foster parent or parents, preadoptive parent or relative providing care and with family members of individuals referred to in this subparagraph.
(vii) Description of child's interaction with others.
(viii) Evaluation of child's respect for property.
(ix) Description of physical and emotional condition of child.
(x) Description of child's interaction with the primary caseworker.
(xi) Description of caseworker's interaction with the child and foster parent or parents, preadoptive parent or relative providing care for the child and with family members of individuals referred to in this paragraph.
(xii) Description of educational status, grades, attendance and behavior of child in school or child's experience in a child day-care setting or early childhood development program.
(xiii) Description of child's experience involving visitation with birth parents, specifying if visitation is supervised or unsupervised and any significant events which occurred.
(xiv) Opinion on overall adjustment, progress and condition of the child.
(xv) Other concerns, comments or recommendations.
(4) The report shall be reviewed by the court and is subject to review by other persons and agencies under sections 6307 (relating to inspection of court files and records) and 6342(d)(1) (relating to court-appointed special advocates).
(5) A county agency or a private agency as defined under 23 Pa.C.S. § 6303 (relating to definitions) shall not take any retaliatory action against a foster parent, preadoptive parent or relative for any information, comments or concerns provided in good faith in a report under this subsection. This paragraph shall not be construed to prevent any agency from taking any action if the report contains information that the foster parent, preadoptive parent or relative has engaged in any conduct that is contrary to any regulation or law or is not in the child's best interest.
(Dec. 15, 1998, P.L.949, No.126, eff. Jan. 1, 1999; Dec. 9, 2002, P.L.1705, No.215, eff. 60 days; Dec. 18, 2007, P.L.484, No.76, eff. Jan. 1, 2008; Oct. 9, 2008, P.L.1396, No.109, eff. 60 days; Dec. 14, 2023, P.L.412, No.48, eff. 60 days)
2023 Amendment.
Act 48 amended subsec. (a).
Suspension by Court Rule.
Section 6336.1(b)(2) was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 1800(11), amended September 16, 2009, insofar as it is inconsistent with Rule 1604 relating to submission of reports.
References
in Text.
The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.