Pennsylvania Foster Care Laws — Your Rights and Legal Framework
Most people who enter the Pennsylvania foster care system have no idea what legal framework they're operating under. They know there are rules — background checks, training requirements, home inspections — but they don't know what statutory authority those rules come from, what their own legal rights are, or what happens when the system doesn't uphold those rights. That gap isn't just an inconvenience. It can leave you unprepared when a placement disrupts, when DHS makes a decision you disagree with, or when you're asked to do something that doesn't feel right.
Pennsylvania's foster care system is governed by several overlapping laws. Here are the ones that matter most for foster parents.
55 Pa. Code Chapter 3700 — The Regulatory Foundation
The operational rules for foster care in Pennsylvania are codified in 55 Pa. Code Chapter 3700, titled "Foster Family Care Agency." This is the regulation that defines what a licensed foster family care agency (FFCA) must do and what standards foster homes must meet.
Chapter 3700 is not a statute passed by the legislature — it's administrative regulation promulgated by the Pennsylvania Department of Human Services (DHS) under the authority of statutes like the Public Welfare Code. But it has the force of law and governs the day-to-day requirements you'll encounter throughout licensing and placement.
Key areas covered by Chapter 3700:
- Eligibility requirements for foster parents, including age minimums (21 for at least one primary caregiver), health standards, and financial requirements
- Household composition rules, including bedroom sharing restrictions and prohibited sleeping areas
- Physical safety standards for the home — smoke detectors, fire extinguisher ratings, water temperature limits, firearms storage
- Pre-service training requirements (minimum 30 hours for initial licensure)
- Annual in-service training requirements (minimum 6 hours)
- Home study requirements and the interview and inspection process
- License types, terms, and renewal cycles
- Mandatory reporting obligations
When an agency tells you that a window needs to have a latch or that your water heater needs to be set below 120°F, they're citing Chapter 3700 standards. Understanding that these aren't arbitrary agency preferences but regulatory requirements helps you engage with them more effectively — and pushes back appropriately when something doesn't add up.
Act 55 of 2018 — The Resource Family Care Act (Foster Parent Bill of Rights)
Act 55, passed in 2018, is one of the most significant pieces of Pennsylvania foster care legislation in recent decades. It codified a set of rights for resource parents (foster parents) that previously existed as informal expectations rather than enforceable legal protections.
The Resource Family Care Act creates Pennsylvania's Foster Parent Bill of Rights. The specific protections it establishes include:
Right to information: Before a child is placed with you, you have the right to receive all non-confidential information about the child that is reasonably available — including health history, educational history, behavioral issues, and any known history of abuse or trauma. You are not entitled to confidential information like birth parent identity details, but you are entitled to information that affects your ability to care for the child safely.
Right to court participation: You have the right to be notified of all dependency hearings involving a child placed in your home, and the right to attend those hearings. You have the right to submit written information to the court regarding the child's well-being and progress in your home. You are not a party to the dependency case — but you have standing to be heard.
Right to the "reasonable and prudent parent" standard: Act 55 explicitly adopts the reasonable and prudent parent standard from federal law. This means foster children in your care are allowed to participate in normal childhood activities — extracurricular sports, sleepovers, school trips, driving lessons — without requiring agency pre-approval for every decision. You make the call, using the judgment a reasonable and prudent parent would apply.
Right to emergency information: In a medical emergency, you have the right to make decisions about the child's care even before agency workers can be reached.
Right to 30-day notice before removal: Except in emergency situations involving immediate safety concerns, you have the right to receive at least 30 days' notice before a child is removed from your home. This protection exists because placement disruptions are traumatic for children, and notice allows you and the child to prepare.
Right to participate in case planning: You have the right to be involved in developing the case plan for a child in your home — to share relevant information, attend planning meetings, and advocate for services the child needs.
Right to file a grievance: If an agency violates the Bill of Rights or fails to provide required support services, you have the right to file a formal grievance. Agencies are required to have a grievance process and to respond in writing.
Act 55 doesn't give you authority over placement decisions — those remain with the agency and the court. But it gives you enforceable standing to be heard and informed throughout the process.
Act 91 of 2012 — Extended Foster Care to Age 21
Act 91 extended Pennsylvania's foster care eligibility from age 18 to age 21, consistent with federal provisions under the Fostering Connections Act. Under Act 91, young people who were in foster care at age 18 can voluntarily remain in the system and continue receiving support until their 21st birthday, provided they meet certain conditions:
- Enrolled in a secondary education program
- Enrolled in post-secondary education or a vocational/training program
- Employed for at least 80 hours per month
- Unable to work or engage in school due to a documented medical condition
Youth who were not in care at age 18 but who were under a dependency order between ages 18 and 21 may also be eligible to re-enter.
For foster parents, Act 91 means you may be asked to continue providing care for a young person beyond their 18th birthday. This is voluntary on the foster parent's part — you cannot be required to continue a placement after age 18. But many resource families choose to continue providing a stable home for youth aging out, particularly when the young person has no other family support.
Maintenance payments continue during the extended care period. Youth who stay in extended foster care retain their ACCESS card (Medicaid) and can receive support services through their agency's transitional living program.
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ASFA Timelines — The 15/22 Rule
The Adoption and Safe Families Act (ASFA) is federal law, but it governs case timelines in Pennsylvania as in every state. The most important provision for foster parents to understand is often called the "15/22 rule."
Under ASFA, when a child has been in foster care for 15 of the most recent 22 months, the county agency is generally required to file for termination of parental rights (TPR). This is not automatic — there are exceptions, including when the child is placed with a relative and TPR would not be in the child's best interest, or when the county can document a compelling reason why TPR would not serve the child.
But absent an exception, the 15/22 rule creates a legal pressure point. When a child you're fostering reaches the 15-month threshold, TPR proceedings may begin. That changes the nature of the case from reunification-focused to adoption-focused, and it affects the child's permanency options.
For foster parents, understanding this timeline helps you have realistic conversations with caseworkers about where a case is heading. A child who arrived at 8 months old and has been with you for 14 months is approaching the threshold. Knowing that — and what it means legally — helps you participate more meaningfully in case planning conversations.
A permanency hearing must also occur within 12 months of a child's initial placement, and at least every 12 months thereafter. At that hearing, the court reviews the case plan and the permanency goal. Foster parents have the right to attend and submit information.
Mandatory Reporting — You Are Required to Report
All foster parents in Pennsylvania are mandated reporters under 23 Pa.C.S. § 6311. This is not optional. If you have reasonable cause to suspect that a child has been abused or neglected — including a child in your care — you are required by law to report it to ChildLine (1-800-932-0313) immediately.
The reporting obligation applies regardless of who is suspected of the abuse. If you suspect a child in your home has been abused by their birth parent, by a visitor to your home, or by anyone else, you report. If the suspicion involves another foster child in your home, you report.
You do not need certainty. Reasonable cause to suspect is the legal threshold. Making a report in good faith based on reasonable suspicion is protected — you cannot be sued for a good-faith report. Failing to report when you had reasonable cause can result in criminal charges.
Reports are made to ChildLine, which triages and routes them to the appropriate county CYA for investigation.
Corporal Punishment — Prohibited Without Exception
55 Pa. Code § 3700.63 strictly prohibits any form of corporal punishment against children in foster care. This prohibition is absolute and applies to all foster parents in Pennsylvania, regardless of personal beliefs or parenting philosophy.
Prohibited conduct includes:
- Hitting, slapping, or spanking in any form
- Shaking
- Kicking
- Using any object to strike a child
- Withholding food as punishment
- Confining a child in a locked room
Violation of this prohibition is grounds for immediate license revocation and can result in child abuse charges. Pennsylvania DHS takes corporal punishment violations seriously, and reports from children about physical discipline in foster homes are investigated promptly.
Permitted discipline includes verbal redirection, logical consequences, removal of privileges, and structured behavior support plans. If you're licensed through a therapeutic foster care program, you'll receive specific training in evidence-based behavior support approaches.
What to Do When the System Fails You
Foster parents in Pennsylvania have formal legal recourse when agencies don't comply with the law. The grievance rights under Act 55 are the starting point — if your agency is not providing information you're entitled to, not giving you notice before a removal, or not including you in case planning, file a formal written grievance with your agency.
If the grievance process doesn't resolve the issue, you can escalate to the Pennsylvania DHS Office of Children, Youth and Families. OCYF has oversight authority over county CYAs and licensed private agencies and can investigate complaints about agency conduct.
In cases involving imminent harm to a child in your care, you can contact ChildLine, contact the court directly through the dependency case's judge, or in an emergency, contact law enforcement.
The Resource Family Care Act gave Pennsylvania foster parents legal standing they previously lacked. Using that standing effectively requires knowing what your rights are before something goes wrong.
For a comprehensive walkthrough of Pennsylvania's foster care system — from the initial application through your legal rights during placement — the Pennsylvania Foster Care Licensing Guide provides the operational context that official materials leave out: /us/pennsylvania/foster-care/
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