§ 3130.67. Placement planning.
(a) Except for emergency placement, the county agency shall prepare an amendment to the service plan prior to placing a child.
(b) The amendment to the service plan shall include the following, for each child placed:
(1) A description of the circumstances that make placement necessary.
(2) Effective April 1, 1990, to the extent available and accessible, health and educational information on the child which includes the following:
(i) The names and addresses of the child’s health and educational providers.
(ii) The child’s grade level performance.
(iii) The child’s school record.
(iv) Assurances that the child’s placement in foster care takes into account proximity to the school in which the child is enrolled at the time of placement.
(v) A record of the child’s immunizations.
(vi) The child’s known medical problems, including the identification of known physical, mental or emotional disabilities.
(vii) The child’s medications.
(viii) Other relevant health and educational information concerning the child determined to be appropriate by the county agency.
(3) Effective April 1, 1990, information relating to a child’s health and educational status shall be reviewed and updated each time a child in foster care changes his place of residence. Each time a child receiving foster care has health or educational information updated, the most current information shall be given to the foster parent or foster care provider with whom the child is placed.
(4) For children whose placement plans were completed after April 1, 1990 but before December 15, 1990, and children whose place of residence changed after April 1, 1990 but before December 15, 1990, the health and educational information in their plans shall be updated and given to their foster caregivers by December 31, 1990.
(5) For children being served through a private agency, the county agency shall notify the private agency of its responsibility to provide the foster caregiver with reviewed and updated health and educational information on children for whom they are providing care.
(6) A description of efforts that have been made and the services that have been provided to prevent placement. This is required only at initial placement.
(7) An identification of the type of home or facility in which the child will be placed and a discussion of the appropriateness of the placement, including:
(i) How the placement setting is the least restrictive—most family-like setting available for the child, consistent with the best interest and special needs of the child.
(ii) How the location of placement is in proximity to the child’s home and will serve to encourage visiting between the child and parents, consistent with the best interest and special needs of the child.
(8) The anticipated duration of placement, stated in months.
(9) An identification of one of the following goals for the child in placement:
(i) Return to own home.
(ii) Placement in the home of another relative.
(iii) Adoption.
(iv) Placement with legal guardian.
(v) Independent living.
(vi) Long-term placement.
(10) A description of the service objectives that shall be achieved by the parents or child prior to reunification.
(11) For every child 16 years of age and older, the county agency shall consider the appropriateness of providing programs and services to help the child prepare for transition from foster care to independent living. When appropriate, a written description of the program and service shall be provided. When independent living services are deemed inappropriate, the basis for the choice not to offer independent living services shall be described.
(12) An identification of services to be provided to the family, the child and, if applicable, the foster family by the county agency and other service providers to achieve the goal for the child in placement and to ensure that the child receives proper care as required under § § 3130.31(3)(ii) and 3130.39 (relating to responsibilities of the county agency; and services and facilities which may be used).
(13) An identification of the steps the county agency shall take to ensure that the service plan is implemented, including a schedule for a review of the status of each child as required by § § 3130.71 and 3130.72 (relating to placement reviews; and dispositional review hearings).
(14) The schedule for visits between the child and parents, including frequency, location and participants as required by § 3130.68(a) (relating to visiting and communication policies).
(15) A description of the services actually provided to the child and the parents to implement the plan and achieve the goal established for the child in placement and changes to the elements of the plan described under paragraphs (3)—(9). This description shall be updated every 6 months or prior to submitting the plan to the court as required at § 3130.71(1)(iii) or to an administrative review panel as required at § 3130.71(1)(iii). This is not required at the time the initial placement amendment is developed.
(16) The results of placement reviews as required by § 3130.71.
(c) The county agency shall send a copy of the family service plan, as amended in compliance with this section, to the court prior to the initial dispositional hearing unless otherwise directed by the court under 42 Pa.C.S. § § 6341(c) and (d) and 6351 (relating to adjudication; and disposition of dependent child).
Authority The provisions of this § 3130.67 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); 42 Pa.C.S. § § 6301—6365; and section 405 of the act of June 24, 1937 (P. L. 2017, No. 396) (62 P. S. § 2305).
Source The provisions of this § 3130.67 amended January 23, 1987, effective January 24, 1987 except subsection (b) effective April 24, 1987, 17 Pa.B. 392; amended December 14, 1990, effective December 15, 1990, 20 Pa.B. 6175. Immediately preceding text appears at serial pages (124181) to (124182).
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).
Goals
In a placement plan, one goal is not mandated over another, nor does the language of § 3130.67 require that each goal be implemented in the order in which it is listed. In the Interest of C.J.R., 782 A.2d 568 (Pa. Super. 2001).
Although the polestar of the Juvenile Act is reunification of the family, regulations permit adoption as a permissible goal for a dependent child. Even though various permissible goals are provided by the regulations, no particular one is mandated over any other. In re R.T., 778 A.2d 670 (Pa. Super. 2001).
The regulations governing the placement of dependent children do not require that the list of goals be implemented in the order they appear. One goal is not mandated over another. Matter of Luis R., 635 A.2d 170 (Pa. Cmwlth. 1993); appeal denied 647 A.2d 511 (Pa. 1994).
Not Abuse of Discretion
Where the placement plan was the result of a full study and investigation, it was not an abuse of discretion for the trial court not to transfer the child to the grandparents’ custody rather than that of foster parents. In the Interest of C.J.R., 782 A.2d 568 (Pa. Cmwlth. 2001).
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 § 3130.61 (relating to family service plans); 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 § 4000.115 (relating to process for ongoing responsibilities).
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