55 Pa. Code § 3800.5

Current through Register Vol. 54, No. 49, December 7, 2024

Section 3800.5 - 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 meets one of the following conditions:

(i) Is under 18 years of age.

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

(iii) Was adjudicated dependent before reaching 18 years of age and while engaged in instruction or treatment, requests the court to retain jurisdiction until the instruction or treatment is completed, but a child may not remain in a course of instruction or treatment past 21 years of age.

(iv) Has an intellectual disability, a mental illness or a serious emotional disturbance, with a transfer plan to move to an adult setting by 21 years of age.

Child day treatment center (facility)-A premise or part thereof, operated for a portion of a 24-hour day in which alternative education, intervention or support programs are provided to one or more children to prevent a child's placement in a more restrictive setting or to facilitate a child's reunification with his family. A child day treatment center does not include:

(i) Mental health outpatient or partial hospitalization facilities.

(ii) Drug and alcohol outpatient facilities.

(iii) Facilities that provide only aftercare services provided after regular hours of education.

Child residential facility (facility)-A premise or part thereof, operated in a 24-hour living setting in which care is provided for one or more children who are not relatives of the facility operator, except as provided in § 3800.3 (relating to exemptions).

Department-The Department of Public Welfare of the Commonwealth.

Fire safety expert-A local fire department, fire protection engineer, Commonwealth certified fire protection instructor, college instructor in fire science, county or Commonwealth fire school, volunteer person trained and certified by a county or Commonwealth fire school or an insurance company loss control representative.

ISP-Individual Service Plan-A written document for each child describing the child's care and treatment needs.

Mobile program-A residential program that provides services in a variety of settings that do not occupy a stationary site.

Outdoor program-A residential program where children sleep outdoors or in structures intended for an outdoor experience, where the primary program focus is on outdoor experiences.

Relative-A parent, child, child's guardian, individual with legal custody, stepparent, stepchild, grandparent, grandchild, sibling, half-sibling, aunt, uncle, niece, nephew or spouse.

Secure care-Care provided in a 24-hour living setting to one or more children who are delinquent or alleged delinquent, from which voluntary egress is prohibited through one of the following mechanisms:

(i) Egress from the building, or a portion of the building, is prohibited through internal locks within the building or exterior locks.

(ii) Egress from the premises is prohibited through secure fencing around the perimeter of the building.

Secure detention-A type of secure care located in a temporary 24-hour living setting, in which one or more delinquent or alleged delinquent children are detained, generally in a preadjudication status.

Transitional living residence-A home or living unit for fewer than five children, who are 16 years of age or older, with or without their own children, who are all able to live in a semi-independent living setting. A child's own children are counted to determine the maximum number of four children per transitional living residence.

55 Pa. Code § 3800.5

The provisions of this § 3800.5 amended June 17, 2016, effective 6/18/2016, 46 Pa.B. 3177.

The provisions of this § 3800.5 amended under Articles IX and X of the Human Services Code (62 P.S. §§ 901-922 and 1001-1088).