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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 3668 (June 25, 2022).

55 Pa. Code § 3700.61. Transfer of approval authority.


§ 3700.61. Transfer of approval authority.

 The Department delegates its authority under Article IX of the Public Welfare Code (62 P. S. § §  901—922) to inspect and approve foster families to an approved FFCA.


   The provisions of this §  3700.61 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 §  3700.61 amended January 23, 1987, effective January 24, 1987, 17 Pa.B. 392. Immediately preceding text appears at serial page (98000).

Notes of Decisions

   Appellate Review

   The Department of Public Welfare’s role, when an appeal is taken from a determination by a local Children and Youth Services, is to conduct a fact-finding hearing and not simply apply a ‘‘review’’ standard on appeal. Children and Youth Services v. Department of Public Welfare, 533 A.2d 1148 (Pa. Cmwlth. 1987).


   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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