EPARTMENOF HUMAN SERVICES

CERTEFEED MAEL RETURN REQUESTED
DATE: 
- - Mt  281%

 

Ms. Diane Edwards, Executive Director
Berks County Commissioners

633 Court Street

Reading, 19601

RE: Berks County Residential Center
1040 Berks Road
Leesport, 19533
License 224580

Dear Ms. Edwards:

The Department of Human Services (Department) is not renewing the certificate
of compliance issued to the Berks County Commissioners to operate the Berks County
Residential Center as a child residential facility pursuant to the Article IX of the Human
Services Code, 62 RS. 901 e_t seg, Article of the Human Services Code, 62 PS.
1001 e_t and 55 Pa. Code Chaps. 20 and 3800 when your current certificate of
compliance expires on February 21, 2016. The Department is also revoking the
certificate of compliance effective from February 21, 2016 to February 21, 2017, issued
on November 9, 2015. As the Department notified you by letter of November 17, 2015,
that certificate was issued as a result of a systems error. (See Attachment 1.)

This decision to and REVOKE the certificates of compliance is
based on the Department?s determination that Berks County Residential Center is not
operating as a child residential facility under the Human Services Code or the
Department?s regulations. Instead, Berks County Residential Center is operating as a
residential center for the detention of immigrant families, including adults.

By letter of October 22, 2015, the Department informed Berks County Residential
Center that it does not license family residential centers. (See Attachment 2.) On or
about October 30, 2015, Berks County Residential Center filed a petition to appeal the
October 22, 2015 letter. That appeal is currently pending before the Department?s
Bureau of Hearings and Appeals at docket number 061-15?0025. After receiving the
petition, by letter of November 10, 2015, the Department requested that Berks County
clarify its intent to operate Berks County Residential Center as a child residential facility.
- (See Attachment 3.) By letter of November 23, 2015, counsel for Berks County and the
Berks County Residential Center confirmed the county?s intent to continue operating
Berks County Residential Center as a family detention center. (See Attachment 4.)

Bureau of Human Services Licensing
625 Forster Street, Room 631 Harrisburg, PA 17120 717.783.3670 717.783.5662 

Ms. Diane Edwards 2

The Department will not issue or renew a certificate of compliance for a type of
facility or agency that the applicant does not, and does not intend, to operate. If you
choose to operate a child residential facility for children who are not accompanied by
their parents or other responsible adults in the future, you must first apply for and obtain
the appropriate certificate of compliance.

Based on the decision to and REVOKE your certificates of
compliance because Berks County Residential Center is not a child residential facility,
the Department also DENIES your March 9, 2015 request to increase the maximum
capacity specified on the certificate of compliance.

If you disagree with the decision to NON-RENEW and REVOKE your certificates
of compliance, you have the right to appeal through hearing before the Bureau of
Hearings and Appeals in accordance with 1 Pa. Code Part ll, Chaps. 31-35. If you
decide to appeal this decision, you must submit a written request for an appeal, even if
you have other appeals pending before the Bureau of Hearings and Appeals or any
other forum. Any appeal of this decision must be received within 10 days of the date of
this letter by:

Jacob Herzing, Enforcement Manager
Human Services Licensing
Department of Human Services

Room 631 Health and Welfare Building
625 Forster Street

Harrisburg, 17120

This decision is final 11 days from the date of this letter, or if you decide to appeal, upon
issuance of a decision by the Bureau of Hearings and Appeals.

Sincerely,

 
   

 Matthew. 
Director

Enclosures