Section 3130.71. Placement reviews

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.

The provisions of this § 3130.71 amended January 23, 1987, effective January 24, 1987, 17 Pa.B. 392; amended December 21, 1990, effective December 22, 1990, 20 Pa.B. 6269. Immediately preceding text appears at serial pages (141280) to (141282).

Notation

Authority

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).

Notes of Decisions

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).

To ensure that the agency does not neglect its responsibility of seeking a permanent home for the child, the provisions of paragraph (l)(ii) provide that the agency must every 6 months either petition a court to conduct a placement review or conduct an administrative review. In Re Adoption of Crystal D.R., 480 A.2d 1146 (Pa. Super. 1984).

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 § 3130.43 (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).