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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 7348 (November 26, 2022).

55 Pa. Code § 3700.4. Definitions.

§ 3700.4. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Child—An individual who:

     (i)   Is under 18 years of age.

     (ii)   Is under 21 years of age, committed an act of delinquency before reaching 18 years of age and remains under the jurisdiction of the juvenile court.

     (iii)   Is under 21 years of age, was adjudicated dependent before reaching 18 years of age, and while engaged in a course of instruction or treatment, requests the court to retain jurisdiction until the course has been completed.

   County agency—The single county children and youth social services agency.

   Department—The Department of Human Services of the Commonwealth.

   Family service plan or service plan—A written document describing short- and long-range objectives for the provision of care and services to a child and his familiy, prepared by the placing agency or individual.

   Foster family—The living unit, including the foster family residence and foster parent, approved by a foster family care agency to provide foster family care to children.

   Foster family care—Residential care and supervision provided to a child placed with a foster family.

   Foster family care agency or FFCA—A public or private agency which recruits, approves, supervises and places children with foster families.

   Foster family residence—The primary domicile of a foster parent. The residence may be owned or rented by the foster parent; or it may be provided to the foster parent by the FFCA.

   Foster parent—An individual responsible for providing foster family care to children placed by an FFCA.

   Individual Service Plan or ISP—A description of the activities which implement the family service plan.

   Licensure or approval—The certification of FFCA and foster family compliance with this chapter.

   Passive physical restraint—The least amount of direct physical contact required to prevent immediate harm to the child or others.

   Placement—Twenty-four hour out-of-home care and supervision of a child.

   Placing agency—The agency or individual with legal authority to refer or place a child for foster family care. Included are courts, county children and youth social service agencies and parents.


   The provisions of this §  3700.4 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).


   The provisions of this §  3700.4 amended January 23, 1987, effective January 24, 1987, 17 Pa.B. 392. Immediately preceding text appears at serial pages (86950) to (86951).

Notes of Decisions

   Section 3700.61 delegates the authority to inspect for compliance with requirements covering health, 55 Pa. Code §  3700.51, safety, 55 Pa. Code §  3700.67, and necessary facilities, 55 Pa. Code §  3700.66, and approve foster homes to an approved foster family care agency as defined in 55 Pa. Code §  3700.4, so as to effectuate the purposes of the regulations set out in 55 Pa. Code §  3700.2. In re. Lowry, 464 A.2d 333 (Pa. Super. 1983).

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