A New Framework for Residential Care
For the first time in more than 25 years, Pennsylvania has an opportunity to modernize the regulations that govern residential care for children and youth across the Commonwealth. When Chapter 3800 was adopted in 1999, it established the minimum standards for licensed residential facilities. Since then, our understanding of trauma, adolescent development, behavioral health, education, family engagement, and youth rights has evolved significantly. Federal and state laws have expanded protections for youth, and best practices for residential care have continued to advance.
Now, through the development of Chapter 3900, the Pennsylvania Department of Human Services has an opportunity to update those standards to better reflect what youth need to be safe, supported, and successful in residential placement.
Because regulations establish the minimum standards providers must meet, they also determine what licensors, counties, and oversight agencies can require when concerns arise. Clear expectations create stronger accountability and promote more consistent experiences for youth across Pennsylvania.
Recognizing the significance of this opportunity, the Office of the Youth Ombudsperson (OYO) submitted comprehensive public comments informed by youth interviews, complaint investigations, facility visits, and systemic oversight.
Our recommendations reflect recurring concerns the OYO has identified across residential settings through our oversight work. Over the past several years, we have consistently observed challenges involving educational disruption, barriers to communication, inconsistent family engagement, gaps in discharge planning, unmet basic needs, inconsistent use of restrictive procedures, and uncertainty about responsibility for ensuring youth receive the services and protections they are entitled to while in congregate care.
In many cases, these concerns persist not because providers are unwilling to address them, but because existing regulations do not clearly assign responsibilities, establish measurable expectations, or provide enforceable standards. As a result, implementation can vary across providers, counties, and regions, leaving youth with different experiences depending on where they are placed.
Key Areas for Strengthening Residential Care
Our recommendations are intended to strengthen consistency, accountability, and youth outcomes by addressing areas where clearer statewide standards are needed, including:
- Education stability and access
- Language access for youth with limited English proficiency
- Civil rights and cultural inclusion
- Family engagement and notification
- Youth grievances and independent oversight
- Facility safety and contraband prevention
- Basic needs and daily living conditions
- Appropriate use of law enforcement
- Restrictive procedures
- Missing youth prevention and response
- Staffing stability
- Discharge planning
- Data collection and transparency
- Privacy, communication, and personal property rights
- Health care and medication oversight
Looking Ahead
We appreciate the Pennsylvania Department of Human Services’ work to modernize these regulations and its commitment to gathering input from youth, families, providers, advocates, and other stakeholders throughout the process. No regulation can eliminate every challenge a young person may face while in residential placement. However, clear, consistent, and enforceable standards can improve accountability, strengthen oversight, and help ensure every youth receives safe, equitable, developmentally appropriate, and trauma-informed care.
Chapter 3900 represents a rare opportunity to strengthen Pennsylvania’s residential care system for years to come. We are proud to contribute recommendations informed by the voices of youth and the recurring concerns identified through our oversight, with the shared goal of improving outcomes for every young person served in residential care.
