reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 32 - Water and Sewer Authorities in Cities of the Second Class › Section 3209 - Proprietary information of authority

§ 3209. Proprietary information of authority.
Proprietary information, trade secrets and competitively sensitive information of an authority shall not be public records under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, and shall not be subject to mandatory public disclosure. Nothing in this chapter shall be construed to exempt an authority from providing information to the commission as specified under sections 501 (relating to general powers), 504 (relating to reports by public utilities), 505 (relating to duty to furnish information to commission; cooperation in valuing property) and 506 (relating to inspection of facilities and records) or any other provision of this title which requires information to be provided to the commission.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 33 - Violations and Penalties › Section 3302 - Criminal penalties for violations

§ 3302. Criminal penalties for violations.
Any person, including an officer, agent or employee of any public utility, or any corporation, who or which shall knowingly fail, omit, neglect or refuse to obey, observe, and comply with any regulation or final order, direction, or requirement of the commission, or any order of the commission prescribing temporary rates in any rate proceeding, or any final order or decree of any court, or who shall knowingly procure, aid, or abet any such violation, omission, failure, neglect, or refusal, shall be guilty of a misdemeanor of the first degree.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 33 - Violations and Penalties › Section 3303 - Nonliability for enforcement of lawful tariffs and rates

§ 3303. Nonliability for enforcement of lawful tariffs and rates.
(a) Public utilities.--
No public utility, nor any officer, agent or employee thereof, shall be liable for any penalty or forfeiture, or be subject to any prosecution, on account of demanding, collecting, or receiving any rate for any service, or for enforcing any regulation, or practice when such rate, regulation, or practice is contained in a tariff properly filed with the commission, and posted or published as herein provided, and is applicable by the terms thereof at the time to such service although such rate, regulation, method or practice may be found by the commission to be unjust or unreasonable.
(b) Contract carrier by motor vehicle.--
No contract carrier by motor vehicle, nor any officer, agent or employee thereof, shall be liable for any penalty or forfeiture, or be subject to any prosecution on account of demanding, collecting or receiving any minimum rate prescribed by the commission under the provisions of this part.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 33 - Violations and Penalties › Section 3304 - Unlawful issuance and assumption of securities

§ 3304. Unlawful issuance and assumption of securities.
Any individual who shall knowingly affix his name or attestation to any stock certificate or other evidence of equitable interest, or any bond, note, trust certificate, or other security issued or assumed by any public utility, or any director who shall knowingly assent to the issuance or assumption of any such stock certificate, or other evidence of equitable interest, or any bond, note or other evidence of indebtedness, or other security issued by any public utility, or any director who shall knowingly assent to the issue of any such certificate of stock, trust certificate, corporate bond, note, or other evidence of indebtedness, or other security of any public utility, in violation of any of the provisions or requirements of this part, or any individual who shall knowingly make or assent to any false statement in any securities certificate required to be registered with the commission under the provisions of Chapter 19 (relating to securities and obligations) or who shall by any false statements, oral or written, knowingly make, procure, or seek to procure, of the commission the registration of any such securities certificate, shall be guilty of a misdemeanor of the first degree.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 33 - Violations and Penalties › Section 3305 - Misapplication of proceeds of securities

§ 3305. Misapplication of proceeds of securities.
Any individual who shall knowingly make or assent to any application or disposition of any stock certificate, or other evidence of equitable interest, or any bond, note, trust certificate, or other evidence of indebtedness, or other security, or the proceeds of the sale or pledge thereof, or any part thereof, in violation of any statement or contrary to any purpose in relation thereto set forth or contained in any securities certificate required to be registered with the commission under the provisions of Chapter 19 (relating to securities and obligations) or who shall knowingly make or assent to any false statement in any report or account to the commission as to the disposition or application of the proceeds, or any part thereof, of any sale or pledge of any stock certificate, or other evidence of equitable interest, or any bond, note, trust certificate, or other evidence of indebtedness, or other security, shall be guilty of a misdemeanor of the first degree.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 33 - Violations and Penalties › Section 3306 - Execution of unlawful contracts

§ 3306. Execution of unlawful contracts.
Any individual who shall knowingly affix his name or attestation to any written contract or arrangement, or who shall enter into any written contract or arrangement, or any individual who shall knowingly assent to the entering into of any written or verbal contract, in violation of any of the provisions or requirements of this part, or any individual knowingly making or assenting to any false statement in any application for the approval of any contract or arrangement, the approval of which is required by this part, shall be guilty of a misdemeanor of the first degree.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 33 - Violations and Penalties › Section 3307 - Refusal to obey subpoena and testify

§ 3307. Refusal to obey subpoena and testify.
If any individual who shall be subpoenaed to attend before the commission, or its representative, shall fail to obey the command of such subpoena, or if any individual in attendance before the commission, or its representative, shall refuse to be sworn or to be examined, or to answer any relevant question, or to produce any relevant data, book, record, paper, or document when ordered so to do by the commission, or its representative, such person shall be guilty of a summary offense.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 33 - Violations and Penalties › Section 3308 - Concealment of witnesses and records

§ 3308. Concealment of witnesses and records.
If any individual shall absent himself from the jurisdiction of this Commonwealth or conceal himself for the purpose of avoiding service of a subpoena issued by the commission, or its representative; or shall remove relevant data, books, records, papers, or other documents out of this Commonwealth for the purpose of preventing their examination by the commission; or shall destroy or conceal any such data, books, records, papers or other documents for such purpose, he shall be adjudged guilty of contempt; and any court of common pleas may impose a fine of not less than $100 for each day during the continuance of such refusal, neglect, concealment, or removal; and if such court shall find that the neglect, refusal, or concealment, or the removal or destruction of data, books, records, papers, or other documents by such witness, has been occasioned by the advice or consent of any party to the proceedings before the commission, or in anywise aided or abetted by such party, then, in default of payment of such fine by the individual in contempt, the same shall be paid by such party and may be recovered from such party by an action in the name of the Commonwealth, in any court of common pleas, as other like fines and penalties are now by law recoverable. Imprisonment for contempt shall be by commitment to the county jail of the county in which such hearing is held.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 33 - Violations and Penalties › Section 3309 - Liability for damages occasioned by unlawful acts

§ 3309. Liability for damages occasioned by unlawful acts.
(a) General rule.--
If any person or corporation shall do or cause to be done any act, matter, or thing prohibited or declared to be unlawful by this part, or shall refuse, neglect, or omit to do any act, matter, or thing enjoined or required to be done by this part, such person or corporation shall be liable to the person or corporation injured thereby in the full amount of damages sustained in consequence thereof. The liability of public utilities, contract carriers by motor vehicles, and brokers for negligence, as heretofore established by statute or by common law, shall not be held or construed to be altered or repealed by any of the provisions of this part.
(b) Rights of Commonwealth unaffected.--
The recovery in this section authorized shall in no manner affect a recovery by the Commonwealth of the penalty prescribed in section 3301 (relating to civil penalties for violations) for such violations of this part.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 33 - Violations and Penalties › Section 3310 - Unauthorized operation by carriers and brokers

§ 3310. Unauthorized operation by carriers and brokers.
(a) General rule.--
Any person or corporation operating as a motor carrier or as a common carrier by airplane, and any operator or employee of such carrier, and any person or corporation operating as a broker, without a certificate of public convenience, permit or license, authorizing the service performed, as required by this part, shall be guilty of a summary offense, and any subsequent offense by such person or corporation shall constitute a misdemeanor of the third degree.
(b) Transportation of household property violations.--
Any person or corporation operating as a common carrier under paragraph (2)(ii) of the definition of "common carrier by motor vehicle" in section 102 (relating to definitions) or contract carrier by motor vehicle under paragraph (1)(ii) of the definition of "contract carrier by motor vehicle" in section 2501(b) (relating to declaration of policy and definitions) in violation of this title shall be ordered to pay an administrative penalty as prescribed in subsection (c).
(c) Penalties.--
(1) The amount of the administrative penalty under subsection (b) shall be $5,000 for a first violation and $10,000 for a second or subsequent violation.
(2) In addition to the penalty imposed under paragraph (1), a person or corporation under subsection (b) may also be subject to the following:
(i) Suspension of registration under 75 Pa.C.S. § 1375 (relating to suspension of registration of unapproved carriers).
(ii) Confiscation and impoundment of vehicle. A sheriff, upon an order issued by the court and having jurisdiction over the property, is empowered to confiscate and impound vehicles which have been used to provide common carrier by motor vehicle service or contract carrier by motor vehicle service in violation of subsection (b) or commission regulations. The process for the disposition of impounded vehicles shall be as set forth under 75 Pa.C.S. § 6310 (relating to disposition of impounded vehicles, combinations and loads).
(d) Deposit of costs, fines and proceeds of forfeitures.--
Notwithstanding section 3315 (relating to disposition of fines and penalties), all costs and fines collected and penalties recovered under subsection (c) shall be deposited into the General Fund and shall be deemed an augmentation to any appropriation to the commission. All amounts appropriated to the commission under this section shall be used to administer and enforce this chapter and commission regulations applicable to motor carriers.
(Dec. 22, 2017, P.L.1244, No.77, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 33 - Violations and Penalties › Section 3311 - Bribery

§ 3311. Bribery.
Any officer, attorney, agent, or employee of any public utility who offers to any commissioner, or to any person appointed or employed by the commission, any office, place, appointment, or position, or offers to give to any commissioner, or to any person employed in the service of the commission, any free pass or transportation, or any reduction in fares to which the public generally is not entitled, or any free carriage of property, or any present, gift, or gratuity, money, or valuable thing of any kind, shall be guilty of a misdemeanor of the third degree.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 33 - Violations and Penalties › Section 3312 - Evasion of motor carrier and broker regulations

§ 3312. Evasion of motor carrier and broker regulations.
Any person, whether carrier, shipper, consignee, or broker, or any officer, employee, agent, or representative thereof, who shall knowingly offer, grant, or give, or solicit, accept, or receive any rebate, concession, or discrimination, in violation of any provision of this part with respect to motor carriers, or who, by means of false statements or representations or by use of false or fictitious bill, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, deposition, lease, or bill of sale, or by any other means or device, shall knowingly and willfully, assist, suffer or permit any person or persons, natural or artificial, to obtain transportation of property by motor carrier subject to this part, for less than the applicable rate, fare or charge, or who shall knowingly and willfully, by any such means, or otherwise seek to evade or defeat regulation in this part provided for motor carriers or brokers, shall be guilty of a summary offense for the first offense and a misdemeanor of the third degree for subsequent offenses.
Cross References.
Section 3312 is referred to in sections 4107, 4704 of Title 75 (Vehicles).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 33 - Violations and Penalties › Section 3313 - Excessive price on resale

§ 3313. Excessive price on resale.
Any person, corporation or other entity violating the provisions of section 1313 (relating to price upon resale of public utility services) shall be guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $100 multiplied by the number of residential bills exceeding the maximum prescribed in section 1313.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 33 - Violations and Penalties › Section 3314 - Limitation of actions and cumulation of remedies

§ 3314. Limitation of actions and cumulation of remedies.
(a) General rule.--
No action for the recovery of any penalties or forfeitures incurred under the provisions of this part, and no prosecutions on account of any matter or thing mentioned in this part, shall be maintained unless brought within three years from the date at which the liability therefor arose, except as otherwise provided in this part.
(b) Remedies and penalties cumulative.--
All suits, remedies, prosecutions, penalties, and forfeitures provided for, or accruing under, this part, shall be cumulative.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 33 - Violations and Penalties › Section 3315 - Disposition of fines and penalties

§ 3315. Disposition of fines and penalties.
All fines imposed, and all penalties recovered, under the provisions of this part, shall be paid to the commission, and by it paid into the State Treasury, through the Department of Revenue, to the credit of the General Fund.
Cross References.
Section 3315 is referred to in section 3310 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 67 - PUBLIC WELFARE › Extra - Title Notes

Enactment.
Unless otherwise noted, the provisions of Title 67 were added November 15, 1972, P.L.1063,
            No.271, effective in 90 days.
Enactment.
Part I was added November 15, 1972, P.L.1063, No.271, effective in 90 days.
Enactment.
Part II was added November 15, 1972, P.L.1063, No.271, effective in 90 days.
Enactment.
Part III (Reserved) was added November 15, 1972, P.L.1063, No.271, effective in 90
            days.
Enactment.
Part IV was added November 15, 1972, P.L.1063, No.271, effective in 90 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 67 - PUBLIC WELFARE › Chapter 1 - General Provisions › Extra - Chapter Notes

Enactment.
Chapter 1 was added December 3, 2002, P.L.1147, No.142, effective immediately.
Prior Provisions.
Former Chapter 1, which related to the same subject matter, was added November 15,
            1972, P.L.1063, No.271, and repealed October 22, 1981, P.L.317, No.111, effective
            immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 67 - PUBLIC WELFARE › Chapter 1 - General Provisions › Section 101 - Definitions

§ 101. Definitions.
The following words and phrases when used in this title shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Department."
The Department of Human Services of the Commonwealth.
"Secretary."
The Secretary of Human Services of the Commonwealth.
(June 28, 2019, P.L.93, No.14, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 67 - PUBLIC WELFARE › Chapter 11 - Medical Assistance Hearings and Appeals › Section 1101 - Definitions

§ 1101. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Bureau."
The Bureau of Hearings and Appeals of the Department of Human Services.
"Hearing."
A proceeding commenced in accordance with this chapter by a provider concerning an adjudication of the department relating to the administration of the program. The term includes an action relating to a provider's enrollment in, participation in, claims for payment or damages under or penalties imposed under the program.
"Program."
The medical assistance program established by subarticle (f) of Article IV of the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code.
"Provider."
A person that is approved or was approved by the department to participate in the program or that seeks approval to provide medical assistance services under the program.
(June 28, 2019, P.L.93, No.14, eff. imd.)
2019 Amendment.
Act 14 amended the defs. of "bureau" and "program."
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 67 - PUBLIC WELFARE › Chapter 11 - Medical Assistance Hearings and Appeals › Section 1103 - Supersedeas

§ 1103. Supersedeas.
(a) Not automatic.--
A request for hearing filed pursuant to this chapter shall not act as an automatic supersedeas. The bureau may, however, grant a supersedeas upon good cause shown.
(b) Criteria.--
The bureau, in granting or denying a supersedeas, shall be guided by relevant judicial precedent. Among the factors to be considered are:
(1) irreparable harm to the petitioner;
(2) likelihood of the petitioner prevailing on the merits; and
(3) likelihood of injury to the public or other parties.
(c) Prohibition.--
A supersedeas shall not be issued if injury to the public health, safety or welfare exists or is threatened during the period when the supersedeas would be in effect.
(d) Conditions.--
In granting a supersedeas, the bureau may impose conditions which are warranted by the circumstances, including the filing of a bond or other security.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 67 - PUBLIC WELFARE › Chapter 11 - Medical Assistance Hearings and Appeals › Section 1104 - Subpoenas

§ 1104. Subpoenas.
Consistent with section 1102(e)(2)(v) (relating to hearings before the bureau), the bureau may issue subpoenas compelling the attendance of witnesses, records and papers. The bureau may enforce its subpoenas in Commonwealth Court. Commonwealth Court, after a hearing, may make an adjudication of contempt or may issue another appropriate order.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 67 - PUBLIC WELFARE › Chapter 11 - Medical Assistance Hearings and Appeals › Section 1105 - Determinations, review, appeal and enforcement

§ 1105. Determinations, review, appeal and enforcement.
(a) Determinations.--
The bureau shall issue a determination adjudicating contested issues of fact and law and any appropriate order, decree or decision. A determination not appealed in accordance with subsection (b) shall be the final determination of the bureau and shall be binding upon the department and the provider who brought the appeal.
(b) Review.--
(1) A party that is aggrieved by a determination of the bureau may request review of the determination by the secretary within 30 days of the issuance of the determination.
(2) If the secretary fails to act upon a request within 30 days of receipt of the request for review, the request for review shall be deemed denied.
(3) If the secretary grants review, the secretary shall enter a final order within 180 days of the date of the order granting review. The secretary may affirm, reverse or modify the determination of the bureau or may waive compliance with program requirements to promote fairness and the proper administration of the program.
(4) If the secretary grants review but fails to act within 180 days of the date of the order granting the review, the determination of the bureau shall be deemed approved by the secretary.
(c) Appeals.--
A provider aggrieved by a final determination of the bureau or a final order of the secretary may petition for judicial review in accordance with 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action).
(d) Enforcement.--
Final determinations, orders, decrees or decisions of the department, the bureau or the secretary shall be subject to enforcement by Commonwealth Court.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 67 - PUBLIC WELFARE › Chapter 11 - Medical Assistance Hearings and Appeals › Section 1106 - Regulations

§ 1106. Regulations.
(a) Authority.--
By July 1, 2004, the bureau, through the department, shall promulgate regulations establishing rules of procedure as may be necessary to carry out the provisions of this chapter.
(b) Advisory committee.--
The bureau shall establish an advisory committee, including individuals experienced in proceedings before the bureau and other administrative agencies, to provide assistance and guidance in the development and modification of regulations which may be promulgated under this section.
Cross References.
Section 1106 is referred to in section 1102 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 67 - PUBLIC WELFARE › Chapter 21 - Adoption Opportunities (Repealed) › Section 2101 - § 2104 - (Repealed)

2022 Repeal.
Chapter 21 (§§ 2101 - 2104) was added June 28, 2019, P.L.93, No.14, effective immediately and retroactive to July 18, 2018, and repealed November 3, 2022, P.L.1765, No.118, effective in 60 days. The subject matter is now contained in Chapter 77.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 67 - PUBLIC WELFARE › Chapter 31 - Family Finding and Kinship Care (Repealed) › Section 3101 - § 3107 - (Repealed)

2022 Repeal.
Chapter 31 (§§ 3101 - 3107) was added June 28, 2019, P.L.93, No.14, effective immediately and retroactive to July 18, 2018, and repealed November 3, 2022, P.L.1765, No.118, effective in 60 days. The subject matter is now contained in Chapter 75.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 67 - PUBLIC WELFARE › Chapter 61 - Nonprofit Charitable Institutions (Repealed) › Section 6101 - § 6104 - (Repealed)

1981 Repeal Note.
Chapter 61 (§§ 6101 - 6104) was added November 15, 1972, P.L.1063, No.271, and repealed October 22, 1981, P.L.317, No.111, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 67 - PUBLIC WELFARE › Chapter 71 - General Provisions › Extra - Chapter Notes

Enactment.
Chapter 71 was added November 3, 2022, P.L.1765, No.118, effective in 60 days, and
            November 3, 2022, P.L.1966, No.131, effective in 60 days. Act 131 overlooked the amendment
            by Act 118, but the amendments do not conflict in substance and Act 131 has been given
            effect in setting forth the text of Chapter 71.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 67 - PUBLIC WELFARE › Chapter 71 - General Provisions › Section 7101 - Definitions

§ 7101. Definitions.
The following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"County agency."
The county children and youth social service agency established in accordance with section 405 of the act of June 24, 1937 (P.L.2017, No.396), known as the County Institution District Law, or its successor, and supervised by the department under Article IX of the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code.
"Resource family."
A resource family as defined in 23 Pa.C.S. § 6303 (relating to definitions).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 67 - PUBLIC WELFARE › Chapter 73 - Resource Families › Extra - Chapter Notes

Enactment.
Chapter 73 was added November 3, 2022, P.L.1765, No.118, effective in 60 days, and
            November 3, 2022, P.L.1966, No.131, effective in 60 days. Act 131 overlooked the amendment
            by Act 118, but the amendments do not conflict in substance and Act 131 has been given
            effect in setting forth the text of Chapter 73.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 67 - PUBLIC WELFARE › Chapter 73 - Resource Families › Section 7301 - Responsibilities of county and private agencies

§ 7301. Responsibilities of county and private agencies.
The county agency or a private agency that provides foster care services through a contract with a county agency shall provide a resource family with all of the following:
(1) The opportunity to be heard regarding agency decisions affecting a child placed with a resource family.
(2) Support services as assessed to meet the needs of the child and resource family.
(3) Complete and timely responses to inquiries regarding the role of the resource family or the care of the child.
(4) Information about the child's medical history, general behavior, relationship with the child's parents, educational history, life experiences and previous and prospective placements.
(5) Consultation in the development of the child's permanency plan.
(6) Consultation in and prior notice of a decision to release the resource family's address to the child's parent or other family members.
(7) Assistance with the coordination of services for the resource family or members of the resource family's immediate family that are assessed as necessary due to emotional disturbance resulting from removal of the child from the resource family's home, provided that the removal is not due to the resource family having created or permitted circumstances that constituted a threat to the child's health or safety.
(8) Written notice of all agency policies and procedures relating to the role of the resource family.
(9) Appropriate training to enhance the skills and performance of the resource family and maximize the opportunity for successful placements.
(10) Information on how to reach agency personnel for emergencies on a 24-hour basis.
(11) Confidentiality regarding allegations of abuse involving the resource family or a member of the resource family's family to the extent consistent with the safety of the child and other members of the resource family's household.
(12) Prompt written notice of any change to the child's permanency plan.
(13) A copy of the provisions of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 67 - PUBLIC WELFARE › Chapter 73 - Resource Families › Section 7302 - Retaliation prohibited

§ 7302. Retaliation prohibited.
No agency shall discharge, threaten or otherwise discriminate or retaliate against a resource family for an inquiry regarding decisions or practices affecting the child or for any communication pursuant to the provisions of 42 Pa.C.S. Ch. 63 (relating to juvenile matters).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 67 - PUBLIC WELFARE › Chapter 73 - Resource Families › Section 7303 - Resource family adoption interview

§ 7303. Resource family adoption interview.
(a) Interview.--
The agency that placed the child shall interview the resource family as a potential adoptive family when:
(1) the resource family has expressed interest in adopting the child;
(2) the child has resided with the resource family for six months or longer; and
(3) the child's primary or concurrent permanency goal is adoption; or
(4) the child has been in out-of-home placement for at least 15 of the preceding 22 months.
(b) Resource family parent interview.--
If the interviewing agency is not the agency responsible for making a recommendation to the court as to adoptive placement of the child, the interviewing agency shall share all information obtained from the interview under subsection (a) with the agency responsible for making the recommendation.
(c) Consideration of more than one adoptive resource.--
If more than one adoptive resource is available, the agency responsible for making a recommendation to the court as to adoptive placement of the child shall document the reasons for the agency's recommendation in the child's case record and, upon request, shall provide that information to the resource family.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 67 - PUBLIC WELFARE › Chapter 75 - Family Finding and Kinship Care › Section 7501 - Legislative intent

§ 7501. Legislative intent.
This chapter is intended to ensure that family finding occurs on an ongoing basis for all children entering the child welfare system, to promote the use of kinship care when it is necessary to remove a child from the child's home and to ensure that each child leaving foster care at 18 years of age or older is prepared for the transition to successful adulthood.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 67 - PUBLIC WELFARE › Chapter 75 - Family Finding and Kinship Care › Section 7503 - Family finding required

§ 7503. Family finding required.
(a) General rule.--
Family finding shall be conducted for a child when the child is accepted for service and at least annually thereafter until the child's involvement with the county agency is terminated or the family finding is discontinued in accordance with subsection (b).
(b) Discontinuation of family finding.--
A county agency may discontinue family finding for a child under the following circumstances:
(1) The child has been adjudicated dependent under 42 Pa.C.S. Ch. 63 (relating to juvenile matters) and a court has made a specific determination that continued family finding no longer serves the best interests of the child or is a threat to the child's safety.
(2) The child is not under the jurisdiction of a court, and the county agency has determined that continued family finding is a threat to the child's safety. A determination that continued family finding is a threat to the child's safety must be based on credible information about a specific safety threat, and the county agency shall document the reasons for the county agency's determination.
(3) The child is in a preadoptive placement, and court proceedings to adopt the child have been commenced under 23 Pa.C.S. Pt. III (relating to adoption).
(c) Resumption of family finding.--
Notwithstanding the provisions of subsection (b), a county agency shall resume family finding for a child if:
(1) the child is under the jurisdiction of a court and the court determines that resuming family finding is best suited to the safety, protection and physical, mental and moral welfare of the child and does not pose a threat to the child's safety; or
(2) the child is not under the jurisdiction of a court and the county agency determines that resuming family finding serves the best interests of the child and does not pose a threat to the child's safety.
(d) Documentation.--
The following family finding information shall be documented in the child's case plan:
(1) The technology and processes used to identify and engage relatives and kin.
(2) The names of relatives and kin that were identified.
(3) The names of relatives and kin that were contacted.
(4) The child's input and involvement in family finding efforts.
(5) The manner and extent to which identified relatives or kin were included in the child's case plan.
(6) If applicable, the reasons for discontinuation of family finding.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 67 - PUBLIC WELFARE › Chapter 75 - Family Finding and Kinship Care › Section 7504 - Permanency plan

§ 7504. Permanency plan.
(a) Permanency plan.--
When a child is subject to an order transferring legal custody under 42 Pa.C.S. § 6351(a)(2) (relating to disposition of dependent child), the county shall develop a permanency plan, provide, on a continuous basis, services to support the successful effectuation of the permanency plan and document in the child's case plan the services provided. A child 14 years of age or older shall have the opportunity to participate in the development of the permanency plan.
(b) Permanency services.--
The county agency shall, on an ongoing basis, provide services to:
(1) Identify potential permanent placements for the child, including primary and secondary placement options.
(2) Prepare the child cognitively and emotionally for placement in accordance with the child's identified permanency goal.
(3) Maintain and strengthen sibling connections through joint placement or facilitation of visitation and other means of communication.
(4) Maintain and strengthen other identified supportive connections.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 67 - PUBLIC WELFARE › Chapter 75 - Family Finding and Kinship Care › Section 7505 - Transition plan and services

§ 7505. Transition plan and services.
(a) Transition services required.--
If a child is subject to an order transferring legal custody under 42 Pa.C.S. § 6351(a)(2) (relating to disposition of dependent child), the county shall:
(1) Beginning when the child is 14 years of age, provide age and developmentally appropriate services to help the child plan and prepare for eventual adulthood.
(2) Beginning no less than six months before the child will become 18 years of age, develop a transition plan in collaboration with the child and, at the child's election, other supportive adults.
(3) Prior to termination of court jurisdiction of a child 18 years of age or older, provide the child with all relevant documents, which may include, but are not limited to, the child's birth certificate, Social Security card, driver's license or State identification card, health insurance card and diploma or general educational development certificate.
(4) Prior to termination of court jurisdiction, provide the child with a copy of the transition plan.
(b) Transition plan.--
A transition plan shall include:
(1) Identification of or detailed options for a suitable place of intended residence.
(2) A list, with contact information, of supportive adults and family members.
(3) Identification of local opportunities for mentorships and continuing social support.
(4) A plan or detailed options for employment, job training or continuing education.
(5) Documentation of the child's possession of relevant documents or, if the child does not have possession of the documents, an explanation of the reasons why the child does not have the documents and detailed instructions on how the child may obtain the documents.
(c) Transition document retention.--
The county shall document the child's transition plan in the child's case plan and shall retain electronic copies of the transition plan and all relevant documents for no less than five years after termination of court jurisdiction.
Cross References.
Section 7505 is referred to in section 6351 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 67 - PUBLIC WELFARE › Chapter 75 - Family Finding and Kinship Care › Section 7506 - Data collection to improve permanency outcomes

§ 7506. Data collection to improve permanency outcomes.
The county agency shall submit to the department the following data for a child 18 years of age or older at the time the court terminates jurisdiction over the child:
(1) Age.
(2) Gender.
(3) Race.
(4) Permanency goal.
(5) Whether the permanency goal was achieved.
(6) Whether the child requested resumption of jurisdiction.
(7) Whether the court granted resumption of jurisdiction.
(8) The number of placements in the prior year.
(9) Whether the child had an identified place of intended residence.
(10) Whether the child had income through employment.
(11) Whether the child had income through a public benefit.
(12) Whether the child had at least two identified supportive adult connections.
(13) Whether the child had contact with siblings.
(14) Whether the child had contact with biological parents.
(15) Whether the child graduated from high school.
(16) Whether the child received a general educational development certification.
(17) Whether the child was a parent or expectant parent.
(18) Whether the child was enrolled in a program of postsecondary education or training.
(19) Whether the child had completed at least two years in a program of postsecondary education or training.
(20) Whether the child was enrolled in Medicaid.
(21) Whether the child was given a physical copy of a transition plan.
(22) Whether the child had possession of a birth certificate, Social Security card, State identification card or driver's license, health insurance card and, if not born in the United States, proof of valid immigration status.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 67 - PUBLIC WELFARE › Chapter 75 - Family Finding and Kinship Care › Section 7507 - Kinship Care Program

§ 7507. Kinship Care Program.
(a) Establishment of program.--
The Kinship Care Program is established in the department.
(b) Relative notification.--
Except in situations of family or domestic violence, the county agency shall exercise due diligence to identify and notify all grandparents and other adult relatives to the fifth degree of consanguinity or affinity to the parent or stepparent of a dependent child and each parent who has legal custody of a sibling of a dependent child within 30 days of the child's removal from the child's home if temporary legal and physical custody has been transferred to the county agency. The notice must explain all of the following:
(1) Options under Federal and State law available to the relative to participate in the care and placement of the child, including any options that would be lost by failing to respond to the notice.
(2) The requirements to become a foster parent, permanent legal custodian or adoptive parent.
(3) The additional supports that are available for children removed from the child's home.
(c) Placement of children.--
If a child has been removed from the child's home under a voluntary placement agreement or is in the legal custody of the county agency, the county agency shall give first consideration to placement with relatives or kin. The county agency shall document that an attempt was made to place the child with a relative or kin. If the child is not placed with a relative or kin, the agency shall document the reason why the placement was not possible.
(d) Regulations.--
The department is authorized to promulgate regulations necessary to carry out the provisions of this chapter. The regulations shall include, but not be limited to, the following:
(1) Relatives and kin shall receive the same foster care rate as other foster parents if they comply with the regulations governing foster parents.
(2) Foster care payments received by a relative or kin who is a foster parent shall be excluded from consideration when calculating eligibility for public assistance.
Cross References.
Section 7507 is referred to in section 6336.1 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 67 - PUBLIC WELFARE › Chapter 75 - Family Finding and Kinship Care › Section 7508 - Subsidized Permanent Legal Custodianship Program

§ 7508. Subsidized Permanent Legal Custodianship Program.
(a) Establishment of program.--
The Subsidized Permanent Legal Custodianship Program is established in the department.
(b) Implementation.--
The department shall establish and develop criteria and is authorized to promulgate necessary regulations for county agencies to implement the Subsidized Permanent Legal Custodianship Program in accordance with the provisions of this chapter. The criteria and regulations shall include, but not be limited to, identification of eligible children and eligible permanent legal custodians, procedures for implementing the program and reporting requirements by county agencies.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 67 - PUBLIC WELFARE › Chapter 75 - Family Finding and Kinship Care › Section 7509 - Permanent legal custodianship subsidy and reimbursement

§ 7509. Permanent legal custodianship subsidy and reimbursement.
(a) Amount.--
The amount of permanent legal custodianship subsidy for maintenance costs to a permanent legal custodian or a successor permanent legal custodian shall not exceed the monthly payment rate for foster family care in the county in which the child resides.
(b) County reimbursement.--
The department shall reimburse the county agency for at least 80% of the cost of a permanent legal custodianship subsidy payment provided by a county agency in accordance with the provisions of this chapter, provided that the county agency complies with the requirements established by the department.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 67 - PUBLIC WELFARE › Chapter 77 - Adoption Opportunities › Section 7702 - Definitions

§ 7702. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Adoption opportunity."
A subsidy which may include:
(1) maintenance costs;
(2) medical, surgical and psychological expenses; and
(3) other costs incident to the adoption.
"Child."
An individual who:
(1) is under 18 years of age; or
(2) is under 21 years of age and attained 13 years of age before the adoption assistance agreement became effective and is:
(i) completing secondary education or an equivalent credential;
(ii) enrolled in an institution that provides postsecondary or career and technical education;
(iii) participating in a program actively designed to promote or remove barriers to employment;
(iv) employed for at least 80 hours per month; or
(v) incapable of doing any of the activities described in subparagraph (i), (ii), (iii) or (iv) due to a medical or behavioral health condition that is supported by regularly updated information in the permanency plan of the child.
"County agency."
The county children and youth social service agency exercising the power and duties provided for in section 405 of the act of June 24, 1937 (P.L.2017, No.396), known as the County Institution District Law, or its successor, and supervised by the department under Article IX of the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code.
"Eligible child."
A child in the legal custody of the county agency where parental rights have been terminated pursuant to the procedure set forth in 23 Pa.C.S. Pt. III (relating to adoption) and who has been in foster placement for a period of not less than six months and shown to be difficult to adopt because of a disability or by virtue of age, sibling relationship or ethnicity. A child in the legal custody of an agency approved by the department shall be an eligible child if the child is certified as eligible by the county agency.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 67 - PUBLIC WELFARE › Chapter 77 - Adoption Opportunities › Section 7703 - Regulations

§ 7703. Regulations.
(a) Duty of department.--
The department may establish and develop criteria and promulgate necessary regulations for county agencies to implement an adoption opportunity in accordance with the provisions of this chapter.
(b) Content.--
The regulations shall include, but are not limited to, the following:
(1) Criteria for identifying eligible children and adoptive homes.
(2) Procedures for implementing the adoption opportunity payment.
(3) Reporting requirements by county agencies.
Cross References.
Section 7703 is referred to in section 7704 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 67 - PUBLIC WELFARE › Chapter 77 - Adoption Opportunities › Section 7704 - Adoption opportunity payments and reimbursement

§ 7704. Adoption opportunity payments and reimbursement.
(a) Amount.--
The amount of adoption opportunity payment for maintenance costs to an adoptive family shall not exceed the monthly payment rate for foster family care in the county in which the child resides.
(b) County reimbursement.--
The department shall reimburse county agencies for at least 80% of the cost of an adoption opportunity provided by the county agency under this chapter if the county agency complies with the reporting requirements established by the department under section 7703 (relating to regulations).
(c) Limitation.--
No public money shall be expended under this chapter on behalf of an eligible child until all available benefits under existing or future private, public, Federal, State or local programs have been exhausted. Notwithstanding any other provision of law, adoptive families subsidized under the provisions of this chapter shall not be liable under the provisions of the act of October 20, 1966 (3rd Sp.Sess., P.L.96, No.6), known as the Mental Health and Intellectual Disability Act of 1966, or 23 Pa.C.S. Ch. 46 (relating to support of the indigent) in the event that the adopted child needs services or assistance under the provisions of Article IV of the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, or under the provisions of the Mental Health and Intellectual Disability Act of 1966.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 67 - PUBLIC WELFARE › Chapter 81 - Miscellaneous Provisions › Extra - Chapter Notes

Enactment.
Chapter 81 was added November 3, 2022, P.L.1765, No.118, effective in 60 days, and
            November 3, 2022, P.L.1937, No.127, effective in 90 days. Act 127 overlooked the amendment
            by Act 118, but the amendments do not conflict in substance and Act 127 has been given
            effect in setting forth the text of Chapter 81.