(a) General rule.--The court shall direct the county agency or juvenile probation department to provide the child's foster parent, preadoptive parent or relative providing care for the child with timely notice of the hearing. The court shall provide the child's foster parent, preadoptive parent or relative providing care for the child the right to be heard at any hearing under this chapter. Unless a foster parent, preadoptive parent or relative providing care for a child has been awarded legal custody pursuant to section 6357 (relating to rights and duties of legal custodian), nothing in this section shall give the foster parent, preadoptive parent or relative providing care for the child legal standing in the matter being heard by the court.
(b) Permanency hearings.--
(1) Prior to a permanency hearing under section 6351(e) (relating to disposition of dependent child), a child's foster parent or parents, preadoptive parent or relative providing care for the child may submit to the court a report in regard to the child's adjustment, progress and condition.
(2) The county agency shall notify the foster parent or parents, preadoptive parent or relative providing care for the child of the right to submit a report under this subsection to the court on a form under paragraph (3). The county agency shall provide the foster parent or parents, preadoptive parent or relative providing care for the child with information identifying the name of the judge or officer of the court, along with mailing address, to whom the report is to be submitted.
(3) The Department of Public Welfare shall develop a form for use by a foster parent or parents, preadoptive parent or relative providing care for the child, including, but not limited to, the following information:
(i) Date of completion.
(ii) Name and address of child.
(iii) Name and address of foster parent or parents, preadoptive parent or relative providing care for the child. The information under this subparagraph shall be considered confidential except at the discretion of the court.
(iv) Name of primary caseworker and agency.
(v) Description of child's adjustment in the home.
(vi) Description of child's interaction with foster parent or parents, preadoptive parent or relative providing care and with family members of individuals referred to in this subparagraph.
(vii) Description of child's interaction with others.
(viii) Evaluation of child's respect for property.
(ix) Description of physical and emotional condition of child.
(x) Description of child's interaction with the primary caseworker.
(xi) Description of caseworker's interaction with the child and foster parent or parents, preadoptive parent or relative providing care for the child and with family members of individuals referred to in this paragraph.
(xii) Description of educational status, grades, attendance and behavior of child in school or child's experience in a child day-care setting or early childhood development program.
(xiii) Description of child's experience involving visitation with birth parents, specifying if visitation is supervised or unsupervised and any significant events which occurred.
(xiv) Opinion on overall adjustment, progress and condition of the child.
(xv) Other concerns, comments or recommendations.
(4) The report shall be reviewed by the court and is subject to review by other persons and agencies under sections 6307 (relating to inspection of court files and records) and 6342(d)(1) (relating to court-appointed special advocates).
(5) A county agency or a private agency as defined under 23 Pa.C.S. ยง 6303 (relating to definitions) shall not take any retaliatory action against a foster parent, preadoptive parent or relative for any information, comments or concerns provided in good faith in a report under this subsection. This paragraph shall not be construed to prevent any agency from taking any action if the report contains information that the foster parent, preadoptive parent or relative has engaged in any conduct that is contrary to any regulation or law or is not in the child's best interest.
(Dec. 15, 1998, P.L.949, No.126, eff. Jan. 1, 1999; Dec. 9, 2002, P.L.1705, No.215, eff. 60 days; Dec. 18, 2007, P.L.484, No.76, eff. Jan. 1, 2008; Oct. 9, 2008, P.L.1396, No.109, eff. 60 days)
Suspension by Court Rule. Section 6336.1(b)(2) was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 1800(11), amended September 16, 2009, insofar as it is inconsistent with Rule 1604 relating to submission of reports.
References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Section 6301 - Short title and purposes of chapter
Section 6303 - Scope of chapter
Section 6304 - Powers and duties of probation officers
Section 6304.1 - Summary offenses
Section 6306 - Costs and expenses of care of child
Section 6307 - Inspection of court files and records
Section 6308 - Law enforcement records
Section 6309 - Juvenile history record information
Section 6310 - Parental participation
Section 6311 - Guardian ad litem for child in court proceedings
Section 6321 - Commencement of proceedings
Section 6322 - Transfer from criminal proceedings
Section 6323 - Informal adjustment
Section 6324 - Taking into custody
Section 6325 - Detention of child
Section 6326 - Release or delivery to court
Section 6327 - Place of detention
Section 6328 - Dependency in lieu of delinquency
Section 6331 - Release from detention or commencement of proceedings
Section 6332 - Informal hearing
Section 6335 - Release or holding of hearing
Section 6336 - Conduct of hearings
Section 6336.1 - Notice and hearing
Section 6336.2 - Use of restraints on children during court proceedings
Section 6337 - Right to counsel
Section 6337.1 - Right to counsel for children in dependency and delinquency proceedings
Section 6338 - Other basic rights
Section 6339 - Investigation and report
Section 6342 - Court-appointed special advocates
Section 6351 - Disposition of dependent child
Section 6351.1 - Authority of court upon petition to remove child from foster parent
Section 6352 - Disposition of delinquent child
Section 6352.1 - Treatment records
Section 6352.2 - Interagency information sharing
Section 6353 - Limitation on and change in place of commitment
Section 6354 - Effect of adjudication
Section 6355 - Transfer to criminal proceedings
Section 6356 - Disposition of mentally ill or mentally retarded child
Section 6357 - Rights and duties of legal custodian
Section 6358 - Assessment of delinquent children by the State Sexual Offenders Assessment Board
Section 6361 - Disposition of nonresident child
Section 6362 - Disposition of resident child received from another state
Section 6363 - Ordering foreign supervision
Section 6364 - Supervision under foreign order
Section 6365 - Powers of foreign probation officers
Section 6372 - Juvenile Court Judges' Commission
Section 6373 - Powers and duties