PRINTER'S NO. 893
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
931
Session of
2023
INTRODUCED BY PASHINSKI, SANCHEZ, HILL-EVANS, MENTZER, MADDEN,
CIRESI, KRAJEWSKI, FREEMAN, STURLA, PARKER, D. WILLIAMS,
HOHENSTEIN, KINSEY, KAZEEM, HADDOCK, BOROWSKI, GUENST,
BURGOS, SCHWEYER AND ABNEY, APRIL 14, 2023
REFERRED TO COMMITTEE ON HUMAN SERVICES, APRIL 14, 2023
AN ACT
Amending Title 67 (Public Welfare) of the Pennsylvania
Consolidated Statutes, in family finding and kinship care,
establishing the Legal Services for Kinship Care Families
Grant Program and the Legal Services for Kinship Care
Families Grant Program Account; and making a transfer.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 67 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 7510. Legal Services for Kinship Care Families Grant Program.
(a) Establishment.--The Legal Services for Kinship Care
Families Grant Program is established within the department.
(b) Award of grants.--Subject to the availability of funds,
the department shall award grants to qualified legal services
entities to provide legal services to relative kinship
caregivers and kinship caregivers' families under the program.
(c) Eligibility for grants.--In order to receive a grant
under the program, a legal services entity shall meet all of the
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following criteria:
(1) Be a not-for-profit organization located within this
Commonwealth.
(2) Be tax exempt under 26 U.S.C. § 501(c)(3) (relating
to exemption from tax on corporations, certain trusts, etc).
(3) Operate primarily in this Commonwealth.
(4) Have at least two years of experience providing
legal services related to kinship care or similar civil legal
services.
(5) Have a primary purpose of providing to individuals
civil legal services without a fee or at a subsidized rate.
(6) Agree to provide information about the legal
entity's services to the Kinship Caregiver Navigator Program
under the act of October 23, 2018 (P.L.591, No.89), known as
the Kinship Caregiver Navigator Program Act, for promotion
and referral through the kinship caregiver navigator website
and toll-free telephone number or hotline.
(d) Use of grant money.--
(1) A legal services entity may use grant money under
the program for administrative, civil legal services and
other costs associated with a relative kinship caregiver to
ensure the safety and welfare of the child in relative
kinship care, including any of the following:
(i) Guardianship.
(ii) Adoption.
(iii) Standby guardianship.
(iv) Assisting with informal relative kinship care
arrangements.
(v) Custody.
(vi) Services or supports relating to the medical
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and educational needs of the child, including obtaining
power of attorney and assistance accessing public
benefits.
(vii) Transportation services, including the
authority to travel with and make travel arrangements for
the child.
(viii) Obtaining a government-issued identification
card.
(ix) Accessing the child's medical records.
(2) A legal services entity may only use grant money
under the program for the costs associated with a relative
kinship caregiver if all of the following apply:
(i) The relative kinship caregiver is a resident of
this Commonwealth, regardless of citizenship or length of
residence in this Commonwealth.
(ii) The monthly gross income of the relative
kinship caregiver's family does not exceed 200% of the
Federal poverty guidelines as published annually in the
Federal Register by the United States Department of
Health and Human Services, adjusted according to
household size, or the relative kinship caregiver is
currently receiving assistance under the medical
assistance program established by subarticle (f) of
Article IV of the act of June 13, 1967 (P.L.31, No.21),
known as the Human Services Code, or benefits under the
Supplemental Nutrition Assistance Program (SNAP).
(iii) The relative kinship caregiver provides
affirmation that the caregiver is not named in the
Statewide database established under 23 Pa. C.S. § 6331
(relating to establishment of Statewide database) as the
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alleged perpetrator in a pending child abuse
investigation or as the perpetrator of a founded or
indicated report.
(3) A legal services entity shall require the return of
grant money under the program expended by the legal services
entity for a relative kinship caregiver if the affirmation
under paragraph (2)(ii) includes false or incorrect
information.
(4) A legal services entity may not use grant money
under the program for political and lobbying activities,
defense of criminal prosecutions or juvenile delinquency or
other proceedings unrelated to the safety, stability or
economic security of kinship care.
(e) Evaluation of applicants.--A legal services entity may
apply for a grant under the program in a form and manner
specified by the department. If the department denies an
application, the notice of the denial shall provide the reasons
for the department's denial to the applicant. The department
shall evaluate applications received under this subsection based
on compatibility with the program's intent, including awarding
grants to legal services entities that demonstrate all of the
following:
(1) A primary mission to provide civil legal assistance
to kinship caregivers and families.
(2) Sufficient personnel and the expertise necessary to
deliver the services required under this section.
(3) Broad community support and the support and
cooperation of local programs through letters of support or
other evidence.
(4) A willingness to share commonly used forms and
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written self-representation materials for relative kinship
caregivers with the Kinship Caregiver Navigator Program
authorized under the Kinship Caregiver Navigator Program Act.
(f) Duration of grants.-- The department shall award a grant
under the program to a legal services entity for a three-year
term, which may be renewed for an additional one-year term as
approved by the department. The amount of grants available under
the program for distribution may change each year based on the
amount of funds appropriated to the department and the cost of
administering the grants.
(g) Priority of grants.--In awarding grants under the
program, the department shall give priority to a legal services
entity that meets all of the following criteria:
(1) Serves vulnerable segments of the population.
(2) Expands access to hard-to-reach segments of the
population.
(3) Applies creative and innovative approaches that
could significantly enhance access, increase efficiency or
improve service quality.
(h) Reports.--Each legal service entity that is awarded a
grant under the program shall prepare and submit a report to the
Office of Children, Youth and Families within the department on
an annual basis. The deputy secretary for the Office of
Children, Youth and Families shall ensure that the report is
published on the department's publicly accessible Internet
website and shall distribute the report to the secretary, the
chair and minority chair of the Aging and Youth Committee of the
Senate and the chair and minority chair of the Children and
Youth Committee of the House of Representatives. The report
shall include all of the following:
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(1) The total number of individuals who have been
provided legal assistance from the grant and unidentifiable
information about the individuals, including gender, race,
ethnicity, age, county of residence, household size,
approximate household income and receipt of ongoing public
assistance at the time legal services were initiated.
(2) The outcomes of the cases of individuals who have
been provided legal services under paragraph (1).
(3) The legal issues addressed by each legal services
entity.
(4) The expenditure of grant money by each legal
services entity to assist relative kinship caregivers and
families throughout this Commonwealth.
(5) The number of instances when relative kinship
caregivers sought legal assistance from each legal services
entity but were not able to obtain legal services and the
reasons why legal services were not provided.
(6) The amount of unexpended grant money, if applicable.
(7) Recommendations for improvements to the access ,
availability and delivery of legal assistance to relative
kinship caregivers and families.
(8) Recommendations for improvements to the access,
availability and delivery of nonlegal services and supports
that advance the well-being of relative kinship caregivers
and their ability to care for children.
(9) Any other information deemed necessary by the
department.
(i) Account.--
(1) The Legal Services for Kinship Care Families Grant
Program Account is established within the General Fund. Money
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in the account shall be used for the purpose specified in
this section.
(2) Money in the account is appropriated on a continuing
basis to the department to award grants under the program.
(3) The State Treasurer shall transfer the sum of
$1,500,000 annually from the General Fund to the account.
(4) The department may solicit and accept grants and
contributions from private sources for deposit into the
account.
(5) The department may solicit and accept gifts,
donations, legacies and other money for deposit into the
account from a person or a government entity on behalf of the
Commonwealth.
(6) The department may use no more than 5% of available
program funds to cover th e direct costs associated with the
implementation and administration of the program.
(j) Regulations.--The department may promulgate regulations
as necessary to implement the program.
(k) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Account." The Legal Services for Kinship Care Families
Grant Program Account established under subsection (i)(1).
"Legal services entity." An organization that provides
comprehensive and effective legal assistance related to kinship
care to individuals within this Commonwealth.
"Program." The Legal Services for Kinship Care Families
Grant Program established under subsection (a).
"Relative kinship caregiver." An individual who meets all of
the following criteria:
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(1) Is at least 21 years of age.
(2) Lives with and is responsible for the care of a
child under 18 years of age.
(3) Is related within the fifth degree of consanguinity
or affinity to the parent or stepparent of the child under 18
years of age.
Section 2. This act shall take effect in 180 days.
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