Pennsylvania Law
The Public Welfare Code as Amended by Act 80—Extension of Guardianship and Adoption Subsidies to Age 21
A. Extension of Adoption Subsidies
The following is the amended section of the public welfare code that now allows an extension of the adoption subsidy to age 21 for an eligible youth whose adoption was finalized when they were age 13 or older. The new sections of the law are bolded and underlined below. The amended provision is at 62 P.S. § 772. 62 P.S. § 771 et seq. is the Adoptions Opportunity Act.
Section 772. Definitions
As used in this subdivision:
"Adoption opportunity" is a subsidy which may include maintenance cost; medical, surgical, and psychological expenses; and other costs incident to the adoption.
"Child" means an individual who:
- is under the age of 18 years; or
- is under the age of 21 years and who attained thirteen years of age before the adoption assistance agreement became effective and who is;
(i) Completing secondary education or an equivalent credential;
(ii) Enrolled in an institution that provides post-secondary or vocational education;
(iii) Participating in a program actively designed to promote or remove barriers to employment;
(iv) Employed for at least 80 hours per month;
(v) Incapable of doing any of the activities described in subparagraphs (i), (ii), (iii), or (iv) due to a medical or behavioral health condition, which is supported by regularly updated information in the permanency plan of the child.
"Eligible child" means a child in the legal custody of local authorities where parental rights have been terminated pursuant to the procedure set forth in Article III of the act of July 24, 1970 (P.L. 620, No. 208), known as the "Adoption Act," and such child has been in foster placement for a period of not less than six months and where the child has been shown to be a difficult adoption placement because of a physical and/or mental handicap, emotional disturbance, 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 local authorities.
"Local authorities" means county institution districts or their successors.
B. Extension of Guardianship Subsidy Until Age 21
The following is the amended section of the public welfare code that allows extension of the kinship guardianship subsidy to age 21 for an eligible youth who entered the guardianship arrangement when the youth was age 13 or older. The new sections of the law are bolded and underlined below. The amended provision is at 62 P.S. § 1302. 62 P.S. § 1301 et seq. is in the Kinship Care Act. 62 P.S. § 1303.1 and § 1303.2 create the Subsidized Permanent Legal Custodianship Program, which to date has only been established through Bulletin.
Section 1302. Definitions
The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise.
"Child." An individual who:
(1) is under 18 years of age; or
(2) is under 21 years of age and who attained 13 years of age before the subsidized permanent legal custodianship agreement became effective and who is:
(i) completing secondary education or an equivalent credential;
(ii) enrolled in an institution that provides post-secondary or vocational 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, which 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.
"Eligible child." A child who:
(1) has a court-ordered disposition of placement with a permanent legal custodian pursuant to 42 Pa. C.S. § 6351(a)(2.1) (relating to the disposition of dependent child);
(2) has lived with an eligible permanent legal custodian for at least six months, which need not be consecutive; and
(3) is a citizen or an alien lawfully residing in this Commonwealth.
"Eligible permanent legal custodian." A relative or kin:
(1) whose home is approved pursuant to applicable regulations for placement of foster children;
(2) with whom an eligible child has resided for at least six months, which need not be consecutive; and
(3) who meets the requirements for employment in child-care services pursuant to 23 Pa. C.S. § 6344 (relating to information relating to prospective child-care personnel).
"Foster parent." An individual approved by a public or private foster family care agency to provide foster family care services to a child who is temporarily separated from the child's legal family and placed in the legal custody of an agency.
"Kin." An individual 21 years of age or older who is one of the following:
(1) A godparent of the child as recognized by an organized church.
(2) A member of the child's tribe, nation or tribal organization.
(3) An individual with a significant, positive relationship with the child or family.
"Permanent legal custodian." A person to whom legal custody of the child has been given by order of a court pursuant to 42 Pa. C.S. § 6351(a)(2.1) (relating to disposition of dependent child).
"Relative." An individual who is:
(1) Related within the fifth degree of consanguinity or affinity to the parent or stepparent of a child.
(2) At least 21 years of age.
"Subsidized permanent legal custodianship." A court-ordered disposition of a dependent child pursuant to 42 Pa. C.S. § 6351(a)(2.1) (relating to disposition of dependent child) for which the child's permanent legal custodian receives a monetary payment from the county agency pursuant to a subsidized permanent legal custodianship agreement.
"Subsidized permanent legal custodianship agreement." A written agreement signed by the director of the county agency, or a designee, and a permanent legal custodian, that sets forth the terms and subsidy payments for a subsidized permanent legal custodianship.
Section 1301.1. 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 promulgate necessary regulations for county agencies to implement the Subsidized Permanent Legal Custodianship Program in accordance with the provisions of this article. 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.
Section 1303.2. Permanent Legal Custodianship Subsidy and Reimbursement
(a) Amount.—The amount of permanent legal custodianship subsidy for maintenance costs to a 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 90% of the cost of a permanent legal custodianship subsidy payment provided by a county agency in accordance with the provisions of this article, provided that the county agency complies with the requirements established by the department.
Juvenile Act Amended by Act 91—Foster Care Extensions and Re-Entry
A. Expanded Criteria for Remaining in Care Past Age 18
The following is the now-amended provision of the Juvenile Act that is the basis for youth remaining in care past age 18. The terms "treatment and instruction" have been removed and replaced with four categories of activities and an exception based on disability or impairment. The sections that have been added to the law are bolded and underlined below.
42 Pa. C.S.A. § 6302. Definitions. The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section: * * *
"Child." An individual who: * * *
(3) is under the age of 21 years and was adjudicated dependent before reaching the age of 18 years and who has requested the court to retain jurisdiction and who remains under the jurisdiction of the court as a dependent child because the court has determined that the child is:
(i) completing secondary education or an equivalent credential;
(ii) enrolled in an institution that provides post-secondary or vocational 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 subparagraphs (i), (ii), (iii), or (iv) due to a medical or behavioral health condition, which is supported by regularly updated information in the permanency plan of the child.
B. Re-entry to Care and Transition Plans
The following is the now-amended provisions of the Juvenile Act that allow youth who aged out of care to re-enter before turning 21. The provisions below also place in the Juvenile Act the requirement from Fostering Connections that an acceptable transition plan be presented to the court before a youth who is between the ages of 18 and 21 can be discharged from care. For more detail on the transition plan requirement see Juvenile Court Rule 1613. The sections that have been added to the law are bolded and underlined below.
42 Pa. C.S.A. § 6351. Disposition of dependent child. * * *
(e) Permanency hearings.— * * *
(3) The court shall conduct permanency hearings as follows: * * *
(iii) If the court resumes jurisdiction of the child pursuant to subsection (j), permanency hearings shall be scheduled in accordance with applicable law until court jurisdiction is terminated, but no later than when the child attains 21 years of age.
(f) Matters to be determined at permanency hearing.—At each permanency hearing, a court shall determine all of the following: * * *
(8.1) Whether the child continues to meet the definition of "child" and has requested that the court continue jurisdiction pursuant to section 6302 if the child is between 18 and 21 years of age.
(8.2) That a transition plan has been presented in accordance with section 475 of the Social Security Act (49 Stat. 620, 42 U.S.C. § 675 (5)(H)).
(j) Resumption of jurisdiction.—At any time prior to a child reaching 21 years of age, a child may request the court to resume dependency jurisdiction if:
(1) the child continues to meet the definition of "child" pursuant to section 6302; and
(2) dependency jurisdiction was terminated:
(i) within 90 days prior to the child's 18th birthday; or
(ii) on or after the child's 18th birthday, but before the child turns 21 years of age.
b. Case Law on Remaining in Care Past Age 18
In re S.J., 906 A.2d 547 (Pa. Super. 2006)
In this case, argued by attorneys from KidsVoice, the court held that "instruction" under the Juvenile Act included attendance in post-secondary education. S.J. was therefore entitled to request to remain in case past age 18 because she was in a form of instruction: attendance in college.
Related resource: Scott Hollander, Jonathan Budd, William A. Petulla, Jennifer A. Staley, "Helping Clients Transition to Independent Living," Family Court Review, July 2007. This article details In re S.J. and the work of KidsVoice to advocate on behalf of older youth in foster care.
c. Independent Living Planning Requirements—42 Pa. C.S.A. 6351 (f)
Matters to be determined at permanency hearing: At each permanency hearing, a court shall determine all of the following: ... (8) The services needed to assist a child who is 16 years of age or older to make the transition to independent living.