An Act amending the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, in children and youth, further providing for payments to counties for services to children and for review of county submissions.

PRINTER'S NO. 1863
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1576
Session of
2025
INTRODUCED BY SHUSTERMAN, HOHENSTEIN, HANBIDGE, DOUGHERTY, HILL-
EVANS, KHAN, D. WILLIAMS, SANCHEZ, WARREN, CEPEDA-FREYTIZ AND
MAYES, JUNE 6, 2025
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, JUNE 9, 2025
AN ACT
Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
act to consolidate, editorially revise, and codify the public
welfare laws of the Commonwealth," in children and youth,
further providing for payments to counties for services to
children and for review of county submissions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 704.1(a) introductory paragraph, (2),
(4) and (5) and 709.2(b) of the act of June 13, 1967 (P.L.31,
No.21), known as the Human Services Code, are amended to read:
Section 704.1. Payments to Counties for Services to
Children.--(a) The department shall reimburse county
institution districts or their successors for expenditures
incurred by them in the performance of their obligation pursuant
to this act and [the act of December 6, 1972 (P.L.1464, No.333),
known as the "Juvenile Act,"] 42 Pa.C.S. Ch. 63 (relating to
juvenile matters) in the following percentages:
* * *
(2) No less than seventy-five percent and no more than
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ninety percent of the reasonable cost including staff costs of
child welfare services, informal adjustment services provided
pursuant to [section 8 of the act of December 6, 1972 (P.L.1464,
No.333), known as the "Juvenile Act,"] 42 Pa.C.S. § 6323
(relating to informal adjustment) and such services approved by
the department, including but not limited to, foster home care,
group home care, shelter care, community residential care, youth
service bureaus, day treatment centers and service to children
in their own home and any other alternative treatment programs
approved by the department.
* * *
(4) Fifty percent of the actual cost of care and support of
a child placed by a county child welfare agency or a child
committed by a court pursuant to [the act of December 6, 1972
(P.L.1464, No.333), known as the "Juvenile Act,"] 42 Pa.C.S. Ch.
63 to the legal custody of a public or private agency approved
or operated by the department other than those services
described in clause (2). The Auditor General shall ascertain the
actual expense for fiscal year 1974-1975 and each year
thereafter by the [Department of Public Welfare] department for
each of the several counties and each city of the first class
whose children resident within the county or city of the first
class directly received the benefit of the Commonwealth's
expenditure. The Auditor General shall also ascertain for each
Commonwealth institution or facility rendering services to
delinquent or deprived children the actual average daily cost of
providing said services. The Auditor General shall certify to
each county and city of the first class the allocated
Commonwealth expenditures incurred on behalf of its children and
notify the [Secretary of Public Welfare] secretary and each
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county and city of the first class of same.
(5) [Fifty] As follows:
(i) Fifty percent of the [reasonable] following costs
incurred in proceedings under 42 Pa.C.S. Ch. 63:
(A) Reasonable cost of medical and other examinations and
treatment of a child ordered by the court [pursuant to the act
of December 6, 1972 (P.L.1464, No.333), known as the "Juvenile
Act," and the expenses of the appointment of a guardian pendente
lite, summons, warrants, notices, subpoenas, travel expenses of
witnesses, transportation of the child, and other like expenses
incurred in proceedings under the act of December 6, 1972
(P.L.1464, No.333), known as the "Juvenile Act."].
(B) The appointment of a guardian ad litem for a child in
the context of dependency proceedings.
(C) The appointment of counsel for a child in the context of
dependency proceedings.
(D) The appointment of counsel for an indigent child in the
context of delinquency proceedings.
(E) The appointment of an educational attorney or advocate
for an indigent child involved in delinquency or dependency
proceedings.
(F) The appointment and training of counsel for an indigent
youth in the context of criminal proceedings.
(G) Summons, warrants, notices, subpoenas, travel expenses
of witnesses and transportation of the child.
(H) Other similar expenses incurred in proceedings.
(ii) The intent of the reimbursements authorized under
subclause (i)(C), (D), (E) and (F) is to supplement and not
supplant necessary funding for required juvenile counsel or
counsel for youth in criminal or dependency proceedings.
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(iii) The following apply to money reimbursed to the
counties under subclause (i)(C) and (D):
(A) A county shall include in the county's needs-based
budget required by section 709.1 the purposes for which the
money will be used.
(B) A county shall prioritize expenditures of the money in
ways that are designed to maintain, enhance or improve the
quantity or quality of legal services provided to juveniles in
accordance with national best practices in defense funding.
* * *
Section 709.2. Review of County Submissions.--* * *
(b) The department determination shall consider whether the
county's budget [is]:
(1) Is reasonable in relation to past costs, projected cost
increases, number of children in the county and the number of
children served, service level trends and projections of other
sources of revenue.
(2) Prioritizes expenditures of the money reimbursed to the
county in accordance with section 704.1(a)(5)(i)(C), (D), (E)
and (F) to supplement and not supplant necessary county funding
for required juvenile counsel or counsel for youths in criminal
proceedings in ways that are designed to maintain, enhance or
improve the quantity or quality of legal services provided to
juveniles or youths in criminal or delinquency proceedings in
accordance with national best practices in defense funding.
* * *
Section 2. This act shall take effect in 60 days.
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