Section 3130.61. Family service plans

(a) The county agency shall prepare, within 60 days of accepting a family for service, a written family service plan for each family receiving services through the county agency.

(b) The service plan shall be a discrete part of the family case record and shall include:

(1) Identifying information pertaining to both the child and other family members.

(2) A description of the specific circumstances under which the case was accepted.

(3) The service objectives for the family, identifying changes needed to protect children in the family in need of protection from abuse, neglect and exploitation and to prevent their placement.

(4) The services to be provided to achieve the objectives of the plan.

(5) The actions to be taken by the parents, children, the county agency or other agencies, and the dates when these actions will be completed.

(6) Placement amendments as required by § 3130.67 (relating to placement planning).

(7) The results of family service plan reviews and placement reviews as required by § § 3130.63 and 3130.73 (relating to review of family service plans; and recording the results of reviews and hearings).

(c) The service plan shall be signed by the county agency staff person responsible for management of the case. The parent or legal guardian and the child, if 14 years of age or older, shall be given the opportunity to sign the service plan. The county agency shall inform the parent or guardian that signing the plan constitutes agreement with the service plan.

(d) The county agency shall provide family members, including the child, their representatives and service providers, the opportunity to participate in the development and amendment of the service plan if the opportunity does not jeopardize the child’s safety. The method by which these opportunities are provided shall be recorded in the plan.

(e) The county agency shall provide family members, their legal counsel, other representatives and agencies or facilities providing services to the child and family with a copy of the service plan, including service plan amendments and results of reviews when the amendments or reviews change the previously agreed upon plan.

(f) [Reserved].

(g) [Reserved].

The provisions of this § 3130.61 amended January 23, 1987, effective January 24, 1987, except subsection (b) effective April 24, 1987, 17 Pa.B. 392. Immediately preceding text appears at serial pages (75144) to (75145).

Notation

Authority

The provisions of this § 3130.61 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).

Notes of Decisions

Dependency

Considering enormous implications of dependency finding, such a determination can only be made in compliance with statutory requirements regarding dependency determinations and cannot be made by trial court sua sponte without petition for dependency having been filed. Fallaro v. Yeager, 528 A.2d 222 (Pa. Super. 1987).

Family Participation in Plan Development

Family members must be afforded the opportunity to participate in the development and amendment of the service plan for a dependent child, so long as that does not jeopardize the child’s safety; however, that mandate does not convey the right of the family member to attend or participate in the county agency’s internal placement meetings. By asking the parents for input into the placement plan being formulated, the Agency complied with the family participation requirement. In re R.T., 778 A.2d 670 (Pa. Super. 2001); appeal denied 792 A.2d 1254 (Pa. 2001).

Family Service Plan

It was improper for the trial court to rely exclusively on the ‘‘psychological parent’’ doctrine given Federal and State legislative intent that every reasonable effort be made to retain a child in the parental home by utilization of court and social services to improve parenting and ameliorate deficiencies before a child is removed. Burke v. Pope, 531 A.2d 782, 788 (Pa. Super. 1987).

The county children and youth service agency was responsible for formulating a family service plan which identified an ultimate goal for the child, including return home, placement in the home of another relative, adoption, placement with a legal guardian, independent living or long term placement. Walker v. Johnson, 891 F.Supp. 1040 (M. D. Pa. 1995).

Goal

Goal of family service plan may be changed from reunification to adoption where parent is incapable of mastering basic parenting skills. In re M. B., K. B., J. B., L. B., 565 A.2d 804, 810 (Pa. Super. 1989); appeal denied 589 A.2d 692 (Pa. 1990).

Cross References

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 § 3130.40 (relating to delivery of services through other service providers); 55 Pa. Code § 3130.43 (relating to family case records); 55 Pa. Code § 3130.66 (relating to case planning for children in emergency placement); 55 Pa. Code § 3140.22 (relating to reimbursable services and reimbursement rates); and 55 Pa. Code § 3490.235 (relating to services available through the county agency for children in need of general protective services).