1. Notice and hearing. (a) General rule.-- The court shall direct the county agency or juvenile probation department to provide
Pennsylvania Consolidated Statutes
Section: 63361
Jurisdiction: PA
Bluebook Citation: 42 Pa. Cons. Stat. § 63361
§ 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.
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