Regulation #14-559: Residential Services for Children and Youth

PCCYFS recently submitted comments/recommendations to the Independent Regulatory Review Commission (IRRC) and the PA Office of Children. Youth and Families (OCYF) regarding Regulation #14-559: Residential Services for Children and Youth which includes 3900/3910/ and 3920 proposed regulations for children’s residential and secure facility providers. PCCYFS convened a workgroup of members to review these regulations and developed comments and recommendations. The process of rewriting regulations is a tedious one and while PCCYFS appreciates everything that has been done to update the prior Chapter 3800 children residential regulations, we have some concerns as to how these new regulations will affect our children provider members such as:

• Using outdated data to determine appropriate cost implications for providers.
• Not taking into account the differences between smaller and larger providers.
• Increased staffing ratios, training, administrative burdens while workforce has been a statewide concern.

Providers are not being supplied with a budget to implement these new regulations some may be at risk of reducing capacity or closing their doors due to increased cost that is not sustainable without an increase in rates/funding. PCCYFS submitted a sign-on letter to OCYF as well as legislators to make these concerns known. In addition to concerns, PCCYFS listed recommendations that would help alleviate provider struggles such as:

• The state must conduct a more realistic and accurate cost projection and ensure that these costs are captured in future budgeting.
• Reconsider the provisions that have the most significant financial impact on providers, including but not limited to:
  • § 3900.54. Residential program supervisor
  • § 3900.55. Additional staff responsibilities
  • § 3900.57. Staff Training
  • § 3900.83. Bedroom accommodations
  • § 3900.88. Video surveillance system
  • § 3910.12. Residential program worker
  • § 3910.14. Supervision
  • § 3920.11. Residential program worker
• Increase the transition period for the regulations to better align with a Needs-Based Plan and Budget cycle, while also allowing ample time for providers to implement these provisions. PCCYFS urges a minimum of 3 years.
• Allocate “transition funding” before the regulations fully go into effect, so that providers have the ability to begin scaling up and increasing hiring and other modifications prior to the full implementation of the 3900/3910/3920 regulations.
• Meaningfully engage partners every step of the way, including through additional cost analyses and the drafting and development of the Regulatory Compliance Guide (RCG).

The public comment period for these regulations remained open until July 7, 2026. We are hopeful that continued conversation will occur as to how these regulations can be modified to continue to help ensure children and youth safety while also making this sustainable for providers so they can remain a service option for youth and not have to reduce capacity or close.

See PCCYFS comments below.