The county agency shall ensure that the status of a
child in placement under its case management responsibility is reviewed
periodically but no less frequently than once every 6 months. The child's first
review shall occur no later than 6 months from the date of placement.
Subsequent periodic reviews-those following the first review-shall be held no
later than 6 months from the date of the previous periodic review.
(1)
Petitioning the court for
placement review.
(i) Except under
the circumstances outlined in subparagraph (ii), the county agency is required
to petition the court, under
42 Pa.C.S. §§
6301-6365 (relating to the
Juvenile Act), to conduct a placement review once every 6 months.
(ii) Under any of the following
circumstances, the county agency may either petition the court to conduct a
placement review or conduct an administrative review as specified in paragraph
(2):
(A) On alternate review dates beginning
with the fourth review of the child's placement.
(B) If the child is placed in a permanent
foster family home with a specific caregiver under a court order.
(C) If the child is legally free for adoption
and is placed in an adoptive home pending finalization of the
adoption.
(iii) A
petition for placement review filed with the court by the county agency shall
include a copy of the family service plan, including placement amendment, and
shall request the court to:
(A) Determine the
continuing necessity for and appropriateness of the placement.
(B) Determine the extent of compliance with
the service plan.
(C) Determine the
extent of progress made toward alleviating the circumstances which necessitated
the original placement.
(D) Project
a likely date by which the goal for the child may be
achieved.
(iv) If the
court does not conduct a placement review when petitioned by the county agency
or if the court does not consider the factors in subparagraph (iii), the county
agency shall conduct an administrative review as specified in paragraph
(2).
(v) The county agency may
petition the court to conduct a placement review prior to the regularly
scheduled reviews.
(2)
Conducting an administrative review. If the county agency
chooses to conduct an administrative review under paragraph (1)(ii) or is
required to conduct an administrative review under paragraph (1)(iv), the
county agency shall do the following:
(i)
Establish a panel of at least three persons, one of whom is a staff person
employed by the county agency and one of whom is not employed by or providing
service for the county agency.
(ii)
Require the administrative review panel to:
(A) Make the determinations listed in
paragraph (1)(iii).
(B) Make
changes in the service plan that it finds appropriate, including petitioning
the court for a hearing under
42 Pa.C.S. §§
6301-6365 or 23 Pa.C.S. Part
III (relating to the Adoption Act), except that nothing in this paragraph may
be construed to authorize the administrative review panel to change a goal
ordered by the Juvenile Court.
(iii) Give a copy of the most recent
information about the child, including the family service plan and reports from
service providers, to each member of the administrative review panel at least
10 days prior to the review.
(iv)
Ensure that family members-including the child, if 14 years of age or older-and
their representatives have the opportunity to be present at and participate in
any administrative review of the child's placement.
(v) At least 15 calendar days prior to the
review, give the child, if age appropriate, the child's attorney and the
child's parents or legal guardians and their counsel, if known to the county
agency, written notice of the date, location and purpose of the review,
including the agency's recommendations, if any, and of their right to be
represented.
Notes
The
provisions of this § 3130.71 amended January 23, 1987, effective
1/24/1987, 17 Pa.B. 392; amended
December 21, 1990, effective 12/22/1990, 20 Pa.B.
6269.
The provisions of this § 3130.71 amended under
Articles II, VII, IX and X of the Public Welfare Code (62 P. S. §§
201-211,
701-774,
901-922 and
1001-1080).
This section cited in 55 Pa. Code §
3130.31 (relating to
responsibilities of the county agency); 55 Pa. Code §
3130.38 (relating to other
required services); 55 Pa. Code §
3130.43 (relating to family case
records); 55 Pa. Code §
3130.63 (relating to review of
family service plans); 55 Pa. Code §
3130.67 (relating to placement
planning); 55 Pa. Code §
3130.72 (relating to dispositional
review hearings); and 55 Pa. Code §
4000.115 (relating to process for
ongoing responsibilities).
