On December 14, 2023, Governor Shapiro approved House Bill No. 1058, which gives kinship care providers a voice in child dependency proceedings.
Enacted as Act 48 of 2023, the law expands who is able to advocate for children in these proceedings. Now, those who engage in family finding and kinship care will have the opportunity to share their opinion on what is best for children during these difficult and vulnerable times.
KingSpry attorneys Dorota Gasienica-Kozak and Rebecca A. Young detail the impact of this change below.
Purpose
Sponsored by Representative Rick Krajewski, Act 48 will require courts to solicit and consider the opinions of individuals engaged with the family finding and kinship care programs before and during dependency proceedings.
As detailed in Representative Krawjewski’s memorandum, research shows that kinship care is better for children and families. Thus, actions have been taken to streamline legal proceedings during these sensitive times. The unanimous passage of Act 48 signifies the Commonwealth’s commitment to removing barriers by expanding who can advocate for children in juvenile proceedings .
Act 48 will take effect in the New Year on February 12, 2024.
What is Kinship Care?
Kinship care occurs when children and youth live with their relatives, such as aunts, uncles, grandparents, siblings, extended family, or those known to be family. Kinship care has become in determining disposition of a case when it is determined that a child’s home environment is unsafe.
Kinship care allows the child to remain with their family, which minimizes the trauma of separation and maintains the child’s family connections.
Statutory Amendment
The new law defines a “Potential Kinship Care Resource” as:
An individual who meets the requirements to be an emergency caregiver and has expressed a willingness to be a kinship caregiver for a dependent child.
The law now requires timely notice of a dependency hearing to potential kindship care resources in addition to the child’s foster parent, pre adoptive parent, and relative providing care for the child.
Limitations
Although potential kinship care resources have the right to speak at hearings, their testimony is limited to that of their own qualifications to provide kinship care.
Key Takeaways
After Act 48 takes effect in the New Year, dependency proceedings will be altered in the Commonwealth, as potential kinship care providers will have the right to receive notice of a hearing and the ability to speak as to their qualifications to take care of the child. The courts will have timely access to information about all placement resources to determine the best custody arrangement for children to minimize the potential trauma and strain faced during dependency proceedings.
