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Policy & Legislative Updates

Policy & Legislative Updates. SWAN Bulletin Act 160 of 2004. SWAN Bulletin Revisions. Family Profile

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Policy & Legislative Updates

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  1. Policy & Legislative Updates SWAN Bulletin Act 160 of 2004

  2. SWAN Bulletin Revisions Family Profile • Family profiles may be released when the family requests their SWAN-paid approved family profile be forwarded to another state for the purpose of adopting a child from that state’s foster care system

  3. SWAN Bulletin Revisions Family Profile (contd.) • The Department of Public Welfare is the sole entity that may authorize the release of any SWAN-paid family profile to another state prior to an affiliate agency receiving payment from the family

  4. SWAN Bulletin Revisions Family Profile (contd.) • When a PA family is selected by the other state, the cost of the family profile ($2,500) will be reimbursed to the affiliate agency who then will reimburse the prime contractor

  5. SWAN Bulletin Revisions Family Profile (contd.) • The family’s repayment may be postponed until after the adoption assistance agreement is arranged and nonrecurring costs may be used to repay the affiliate agency. Families may also arrange for the other state to pay the SWAN affiliate agency directly on their behalf

  6. SWAN Bulletin Revisions Family Profile (contd.) • Affiliate agencies are to return the full amount of funds received from the family for the SWAN-paid family profile to the SWAN prime contractor

  7. SWAN Bulletin Revisions Family Profile (contd.) • The prime contractor will not authorize/pay for updates to family profiles to be used to adopt children other than those children in the custody of a Pennsylvania county children and youth agency

  8. SWAN Bulletin Revisions Child Preparation • It is expected that the assigned professional preparing the child for permanency will meet with the child for a minimum of 10 meetings over a 6-month period

  9. SWAN Bulletin Revisions Eligible Families • Eligible families are persons interested in providing permanency for children in the legal custody of county agencies, with or without the court-ordered goal of adoption

  10. SWAN Bulletin Revisions Eligible Families (contd.) • Permanency options a family can provide include adoption, permanent legal custodianship, or placement with a fit and willing relative (formal kinship care)

  11. SWAN Bulletin Revisions Child Population Served • SWAN serves children who are in the legal custody of county agencies whether or not they have a court-ordered goal of adoption

  12. SWAN Bulletin Revisions Child Population Served (contd.) • Children without a goal of adoption are eligible for child profile, child specific recruitment and child preparation services. These children may have the goal of permanent legal custodianship or placement with a fit and willing relative (formal kinship care)

  13. Act 160 of 2004 • House Bill 2308 amended the CPSL • Signed November 30, 2004 • Becomes effective January 29, 2005

  14. Act 160 of 2004 (contd.) • Establishes statutory requirements for foster and adoptive parent applicants • Establishes the resource family registry

  15. Amendments to §6344 (c)- information relating to prospective child-care personnel • Anyone 18+ residing in a foster or adoptive home must submit criminal and child abuse history clearances • Every 24 months foster parents and anyone 18+ residing in the home must resubmit criminal and child abuse history clearances

  16. Amendments to §6344 (c)- information relating to prospective child-care personnel (contd.) • Changes to criminal and child abuse history information must be reported by the foster parent to the foster family care agency within 48 hours • Changes in household composition must be reported by the foster parent within 30 days

  17. Amendments to §6344 (c)- information relating to prospective child-care personnel (contd.) • Failure to submit the above information that would result in disapproval will cause foster children placed in the home to be removed immediately without a hearing

  18. Amendments to §6344 (c)- information relating to prospective child-care personnel (contd.) • Approved foster parents are not considered employees for any purpose, including but not limited to: • Liability • Unemployment compensation • Workers’ compensation • Other employee benefits provided by the county agency

  19. Amendments to §6344 (c)- information relating to prospective child-care personnel (contd.) Additional information to be obtained on foster and adoptive parent applicants: • Previous addresses within the last ten years • Composition of the resident family unit

  20. Amendments to §6344 (c)- information relating to prospective child-care personnel (contd.) Additional information to be obtained on foster and adoptive parent applicants: • Protection from abuse orders filed by or against either parent • Details of any proceedings in family court

  21. Amendments to §6344 (c)- information relating to prospective child-care personnel (contd.) Additional information to be obtained on foster and adoptive parent applicants: • Drug/alcohol related arrests, pending charges, convictions or hospitalizations within five years • Financial stability; income verification, employment history, liens and bankruptcies within ten years

  22. Amendments to §6344 (c)- information relating to prospective child-care personnel (contd.) Additional information to be obtained on foster and adoptive parent applicants: • Number and age of foster children and other dependents currently placed in the home • Detailed information about children with special needs currently living in the home

  23. Amendments to §6344 (c)- information relating to prospective child-care personnel (contd.) Additional information to be obtained on foster and adoptive parent applicants: • Previous history as a foster parent, including number and types of children served • Related education, training or personal experience working with foster children or the child welfare system

  24. Resource Family A family which provides temporary foster or kinship care for children who need out-of-home placement and may eventually provide permanency for those children, including an adoptive family.

  25. Resource Family Registry • The name, SSN, date of birth, sex, marital status, race and ethnicity of applicants • The date(s) of the resource family application

  26. Resource Family Registry (contd.) • The current and previous home addresses of applicants • The name, date of birth, SSN and relationship of all household members • The county of residence of applicants

  27. Resource Family Registry (contd.) • The name, address and telephone number of other foster family care agency or adoption agency affiliation • Approval or disapproval dispositions, date and basis for the disposition

  28. Resource Family Registry (contd.) • The type of care the resource family will provide • The number of children that may be placed in the resource family home

  29. Resource Family Registry (contd.) • The age, race, gender and level of special need of children that may be placed in the resource family home • The resource family’s ability to provide care for sibling groups

  30. Resource Family Registry (contd.) • The date and reason for any closure of the resource family home • Appeal activity of resource family applicants or approved resource families; the basis, status and disposition of all appeal related activities

  31. Release of information from the registry • An authorized official of a county or private agency, a federal agency or an agency of another state who performs resource family approvals or the Department in the course of the official’s duties

  32. Release of information from the registry (contd.) • A guardian ad litem or CASA for a child (information is limited to the resource family where the child is placed)

  33. Release of information from the registry (contd.) • A court of competent jurisdiction, pursuant to a court order or subpoena in a criminal matter involving a charge of child abuse

  34. Release of information from the registry (contd.) • A court of competent jurisdiction in a child custody matter. The Department will provide any files the court considers relevant • The Attorney General of the Commonwealth

  35. Release of information from the registry (contd.) • Federal auditors as required for Federal financial participation in funding of agencies • Law enforcement agents of any jurisdiction (relevant information to the investigation of crimes involving the resource family)

  36. Release of information from the registry (contd.) • Appropriate officials of another private agency, county agency or state regarding a resource family applicant for that agency, county or state • A resource family upon written request (information regarding their family)

  37. Questions & Answers Kimberly Early 717.705.2908 kiearly@state.pa.us or Kerin Kohler 717.346.0445 kkohler@state.pa.us

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