Resource Links. This is a link to current Child Protective Services Law resources online.

Transcription

1 CPSL Resource Guide Compilation by PA Children and Youth Administrators Association, an Affiliate of the County Commissioners Association of PA. Brian C. Bornman, Esq.-Executive Director Most Materials Courtesy of Cindi Horshaw, M.S.W., Acting Bureau Director for Policy, Office of Children, Youth, and Families, a Division of the PA Department of Human Services

2 Index Page Resource Links 3 Child Abuse and Perpetrator: What s New?...4 Acts and Effective Dates..7 Summary of Child Protections Legislation Amendments 9 Act 31 Implementation Master Schedule.50 Act 105 of Act 107 of Act 118 of Act 109 of Act 116 of Act 120 of Act 123 of Act 4 of Act 27 of Act 56 of Act 28 of Act 108 of Act 117 of Act 119 of Act 29 of Act 31 of Act 32 of Act 33 of Act 34 of Act 44 of Act 45 of Act 153 of Act 176 of

3 Resource Links This is a link to current Child Protective Services Law resources online. This is the link that will have the child welfare information on the Pa Department of Human Services website. This is a link to currently approved mandated reporter trainings through the Department of State. This is a link to Department of Human Services information on the Child Welfare Information System (CWIS). This will be the system that mandated reporters will be able to utilize to make digital reports of suspected child abuse and to be able to obtain childline clearances. This system goes live Dec This is the link to the online mandated reporter training from the Child Welfare Resource Center. This training will satisfy the Act 31 training requirements and is available free of charge to anyone. This is the link to the public child welfare information from the Department of Human Services. This is the link to the Family Support Alliance who provides mandated reporter training. 3

4 Child Abuse and Perpetrator: What s New? Child abuse.--the term "child abuse" shall mean intentionally, knowingly or recklessly doing any of the following: (1) Causing bodily injury to a child through any recent act or failure to act. (2) Fabricating, feigning or intentionally exaggerating or inducing a medical symptom or disease which results in a potentially harmful medical evaluation or treatment to the child through any recent act. (3) Causing or substantially contributing to serious mental injury to a child through any act or failure to act or a series of such acts or failures to act. (4) Causing sexual abuse or exploitation of a child through any act or failure to act. (5) Creating a reasonable likelihood of bodily injury to a child through any recent act or failure to act. (6) Creating a likelihood of sexual abuse or exploitation of a child through any recent act or failure to act. (7) Causing serious physical neglect of a child. (8) Engaging in any of the following recent acts: (i) Kicking, biting, throwing, burning, stabbing or cutting a child in a manner that endangers the child. (ii) Unreasonably restraining or confining a child, based on consideration of the method, location or the duration of the restraint or confinement. (iii) Forcefully shaking a child under one year of age. (iv) Forcefully slapping or otherwise striking a child under one year of age. (v) Interfering with the breathing of a child. (vi) Causing a child to be present at a location while a violation of 18 Pa.C.S (relating to operation of methamphetamine laboratory) is occurring, provided that the violation is being investigated by law enforcement. (vii) Leaving a child unsupervised with an individual, other than the child's parent, who the actor knows or reasonably should have known: (A) Is required to register as a Tier II or Tier III sexual offender under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders), where the victim of the sexual offense was under 18 years of age when the crime was committed. (B) Has been determined to be a sexually violent predator under 42 Pa.C.S (relating to assessments) or any of its predecessors. (C) Has been determined to be a sexually violent delinquent child as defined in 42 Pa.C.S (relating to definitions). (9) Causing the death of the child through any act or failure to act. Bodily injury. Impairment of physical condition or substantial pain. Serious physical neglect. Any of the following when committed by a perpetrator that endangers a child's life or health, threatens a child's well-being, causes bodily injury or impairs a child's health, development or functioning: (1) A repeated, prolonged or unconscionable egregious failure to supervise a child in a manner that is appropriate considering the child's developmental age and abilities. (2) The failure to provide a child with adequate essentials of life, including food, shelter or medical care. 4

5 Sexual abuse or exploitation. Any of the following: (1) The employment, use, persuasion, inducement, enticement or coercion of a child to engage in or assist another individual to engage in sexually explicit conduct, which includes, but is not limited to, the following: (i) Looking at the sexual or other intimate parts of a child or another individual for the purpose of arousing or gratifying sexual desire in any individual. (ii) Participating in sexually explicit conversation either in person, by telephone, by computer or by a computer-aided device for the purpose of sexual stimulation or gratification of any individual. (iii) Actual or simulated sexual activity or nudity for the purpose of sexual stimulation or gratification of any individual. (iv) Actual or simulated sexual activity for the purpose of producing visual depiction, including photographing, videotaping, computer depicting or filming. This paragraph does not include consensual activities between a child who is 14 years of age or older and another person who is 14 years of age or older and whose age is within four years of the child's age. (2) Any of the following offenses committed against a child: (i) Rape as defined in 18 Pa.C.S (relating to rape). (ii) Statutory sexual assault as defined in 18 Pa.C.S (relating to statutory sexual assault). (iii) Involuntary deviate sexual intercourse as defined in 18 Pa.C.S (relating to involuntary deviate sexual intercourse). (iv) Sexual assault as defined in 18 Pa.C.S (relating to sexual assault). (v) Institutional sexual assault as defined in 18 Pa.C.S (relating to institutional sexual assault). (vi) Aggravated indecent assault as defined in 18 Pa.C.S (relating to aggravated indecent assault). (vii) Indecent assault as defined in 18 Pa.C.S (relating to indecent assault). (viii) Indecent exposure as defined in 18 Pa.C.S (relating to indecent exposure). (ix) Incest as defined in 18 Pa.C.S (relating to incest). (x) Prostitution as defined in 18 Pa.C.S (relating to prostitution and related offenses). (xi) Sexual abuse as defined in 18 Pa.C.S (relating to sexual abuse of children). (xii) Unlawful contact with a minor as defined in 18 Pa.C.S (relating to unlawful contact with minor). (xiii) Sexual exploitation as defined in 18 Pa.C.S (relating to sexual exploitation of children). 5

6 Perpetrator. A person who has committed child abuse as defined in this section. The following shall apply: (1) The term includes only the following: (i) A parent of the child. (ii) A spouse or former spouse of the child's parent. (iii) A paramour or former paramour of the child's parent. (iv) A person 14 years of age or older and responsible for the child's welfare. (v) An individual 14 years of age or older who resides in the same home as the child. (vi) An individual 18 years of age or older who does not reside in the same home as the child but is related within the third degree of consanguinity or affinity by birth or adoption to the child. (2) Only the following may be considered a perpetrator for failing to act, as provided in this section: (i) A parent of the child. (ii) A spouse or former spouse of the child's parent. (iii) A paramour or former paramour of the child's parent. (iv) A person 18 years of age or older and responsible for the child's welfare. (v) A person 18 years of age or older who resides in the same home as the child. Person responsible for the child's welfare. A person who provides permanent or temporary care, supervision, mental health diagnosis or treatment, training or control of a child in lieu of parental care, supervision and control. The term includes any such person who has direct or regular contact with a child through any program, activity or service sponsored by a school, forprofit organization or religious or other not-for-profit organization. The definition of child abuse has been amended to require that acts or failures to act be committed intentionally, knowingly or recklessly. A person acts knowingly when they are aware that their conduct is of that nature or that such circumstances exist and they are aware that it is practically certain that their conduct will cause such a result. A person acts recklessly when they consciously disregard a substantial and unjustifiable risk that the material element exists or will result from their conduct. The risk must be of such a nature and degree that, considering the nature and intent of the conduct and the circumstances known to them, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person acts intentionally when they consciously engage in conduct of that nature or cause such a result and are aware of such circumstances or believe or hope that they exist. 6

7 Act # Bill # Focus Effective Date 105 of 2013 HB 321 Minors/sexual abuse January 1, of 2013 HB 414 Custody cases January 1, of 2013 SB 28 Enhanced criminal penalties and new criminal offenses January 1, of 2013 HB 1201 Child victim witnesses February 16, of 2013 HB 1594 Luring a child February 16, of 2013 SB 34 Educator Discipline Act February 16, of 2013 SB 1116 MDT review/investigate March 13, of 2014 SB 29 Mandatory reporting of infants April 22, of 2014 HB of 2014 HB of 2014 HB 316 Funding for Children s Advocacy Centers DARE funds June 6, 2014 Sexual Assault by a Sports Official, Volunteer or Employee of a Nonprofit Association August 17, 2014 Funding for Children s Advocacy Centers/Mandated Reporter Training July 1, of 2013 HB 726 Definition of child abuse/neglect December 31, of 2013 SB 23 Expands perpetrators December 31,

8 119 of 2013 SB of 2014 SB of 2014 HB of 2014 HB 436 Expedited appeals Immunity from liability and penalties for false reports December 31, 2014 Effective date changed from July 1, 2014 to December 31, 2014 for 6341 (C.1) and (G) through Act 45 of 2014 (HB 434) Establishment of a Statewide Database of Protective Services December 31, 2014 Education and training for persons licensed by the Department of State December 31, 2014 Attorneys as Mandated Reporters and Penalties for Failure to Report December 31, of 2014 SB 21 Mandated Reporters December 31, of 2014 SB of 2014 SB 31 Whistleblower protection for child abuse reporting December 31, 2104 Reporting of Child Abuse by School Employees December 31, of 2014 HB 434 Background Checks December 31, 2014 Background Checks December 31, 2014 Background Checks for 153 of 2014 HB 435 Volunteers July 1, of 2014 SB 27 Information Sharing with Medical Practitioners December 31,

9 Summary of Child Protection Legislative Amendments Mandated Reporters: (SB 21, PN 1917) Act 33 of 2014 amended Title 23 (Domestic Relations) known as the Child Protective Services Law which is effective December 31, Amended 6303 (relating to definitions) to include the following terms and definitions: Adult: an individual 18 years or older. Direct contact with children: the care, supervision, guidance or control of children, or routine interaction with children. Health care facility: as defined in Section of the Act of July 19, 1979 (P.L.130, No. 48), known as the Health Care Facilities Act. Independent contractor: an individual who provides a program, activity or service to an agency, institution, organization or other entity, including a school or regularly established religious organization, that is responsible for the care, supervision, guidance or control of children. The term does not include an individual who has no direct contact with children. Mandated Reporter: a person who is required by this chapter to make a report of suspected child abuse. Person affiliated with: a person that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with a specified person. Program, activity or service: a public or private educational, athletic or other pursuit in which children participate. The term includes, but is not limited to, the following: A youth camp or program; A recreational camp or program; A sports or athletic program; An outreach program; An enrichment program; and A troop, club or similar organization. School: a facility providing elementary, secondary or postsecondary educational services. The term includes the following: Any school of a school district; An area vocational-technical school; A joint school; An intermediate unit; A charter school or regional charter school; A cyber charter school; A private school licensed under the Act of January 28, 1988 (P.L.24, No.11), known as the Private Academic Schools Act; A private school accredited by an accrediting association approved by the State Board of Education; A nonpublic school; 9

10 A community college which is an institution now or hereafter created pursuant to Article XIX-A of the Act of March 10, 1949 (P.L.30, No. 14), known as the Public School Code of 1949, or the Act of August 24, 1963 (P.L.1132, No.484), known as the Community College Act of 1963; An independent institution of higher education which is an institution of higher education which is operated not for profit, located in and incorporated or chartered by the Commonwealth, entitled to confer degrees as set forth in 24 Pa C.S (relating to power to confer degrees) and entitled to apply to itself the designation college or university as proved for by standards and qualifications prescribed by the State Board of Education pursuant to 24 Pa.C.S. Ch. 65 (relating to private colleges, universities and seminaries); A state-owned university; A state-related university; A private school licensed under the Act of December 15, 1986 (P.L.1585, No.174), known as the Private Licensed Schools Act. The Hiram G. Andrews Center; and A private residential rehabilitative institution as defined in Section A(C) of the Public School Code of School employee: an individual who is employed by a school or who provides a program, activity or service sponsored by a school. The term excludes an individual who has no direct contact with children. Amended 6311 (A) (relating to mandated reporters) to specify who is a mandated reporter including: A person licensed or certified to practice in any health-related field under the jurisdiction of the Department of State; A medical examiner, coroner or funeral director; An employee of a health care facility or provider licensed by the Department of Health, who is engaged in the admission, examination, care or treatment of individuals; A school employee; An employee of a child care service, who has direct contact with children in the course of employment; Clergyman, priest, rabbi, minister, Christian science practitioner, religious healer or spiritual leader of any regularly established church or other religious organization; An individual paid or unpaid; who, on the basis of the individual s role as an integral part of a regularly scheduled program, activity or service, accepts responsibility for a child; An employee of a social services agency, who has direct contact with children in the course of employment; A peace officer or law enforcement official defined as Attorney General, District Attorney, PA State Police and municipal police officer. An emergency medical services provider certified by the Department of Health; 10

11 An employee of a public library, who has direct contact with children in the course of employment; An individual supervised or managed by a person listed under paragraphs (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), and (11), who has direct contact with children in the course of employment; and An independent contractor. Amended Subsection (B) (relating to basis to report child abuse) to clarify the situation under which a mandated reporter is required to make a report of suspected child abuse if the mandated reporter has reasonable cause to suspect that a child is a victim of child abuse under any of the following circumstances: The mandated reporter comes into contact with the child in the course of employment, occupation and practice of a profession or through a regularly scheduled program, activity or service; The mandated reporter is directly responsible for the care, supervision, guidance or training of the child, or is affiliated with an agency, institution, organization or other entity that is directly responsible for the care, supervision, guidance or training of the child; A person makes a specific disclosure to the mandated reporter that an identifiable child is the victim of child abuse; An individual 14 years of age or older makes a specific disclosure to the mandated reporter that the individual has committed child abuse. Nothing in this section shall require a child to come before the mandated reporter in order for the mandated reporter to make a report of suspected child abuse. Staff members of institutions, etc. are now to report immediately in accordance with Section 6313 and shall immediately thereafter notify the person in charge of the facility or the designated agent. Upon notification the person in charge or the designated agent shall facilitate the cooperation of the institution, school, facility or agency with the investigation of the report. Amended 6312 (relating to persons encouraged to report suspected child abuse) to clarify that any person may make an oral or written report of suspected child abuse, which may be submitted electronically to the department, county agency or law enforcement if that person has reasonable cause to suspect that a child is a victim of child abuse. Amended 6313 (a) (relating to report by mandated reporter) to clarify that a mandated reporter: shall immediately make an oral report of suspected child abuse to the department via the Statewide toll-free telephone number under Section 6332 (relating to establishment of Statewide toll-free telephone number) or a written report using electronic technologies under Section 6305 (relating to electronic reporting). making an oral report of suspected child abuse shall also make a written report, which may be submitted electronically, within 48 hours to the 11

12 department or county agency assigned to the case in a manner and format prescribed by the department. The failure of the mandated reporter to file the report under paragraph (2) shall not relieve the county agency from any duty under this chapter, and the county agency shall proceed as though the mandated reporter complied with paragraph (2). Amended 6313 (b) (relating to contents of a report) to state that a written report of suspected child abuse, which may be submitted electronically, shall also include the following additional information, if known: The name, telephone number and address of the person making the report. The actions taken by the person making the report, including those actions taken under section 6314 (relating to photographs, medical tests and X-rays of child subject to report), 6315 (relating to taking child into protective custody), 6316 (relating to admission to private and public hospitals) or 6317 (relating to mandatory reporting and postmortem investigation of deaths). Any other information required by Federal law or regulation. Amended 6314 (relating to photographs, medical tests and x-rays) to require information to be send to the county agency at the time the written report is sent or within 48 hours after the report is made by electronic technologies. This section also allows for this information to be made available to law enforcement officials in the course of investigating cases pursuant to section 6340(a)(9) or (10). Amended 6315 (relating to taking child into protective custody) to clarify that no county agency worker may take custody of the child without judicial authorization based on the merits of the situation. Amended Section 6383 (related to education and training) to require the Department to provide information to mandated and permissive reporters related to the recognition and reporting of child abuse on its internet website in forms, including, but not limited to, the following: Website content. Printable booklets and brochures. Educational videos. Internet-based interactive training exercises. Information shall be pertinent to both mandated and permissive reporters and shall address topics, including, but not limited to: Conduct constituting child abuse under this chapter. Persons classified as mandated reporters. Reporting requirements and procedures. The basis for making a report of suspected child abuse. Penalties for failure to report. Background clearance requirements for individuals who work or volunteer with children. Recognition of the signs and symptoms of child abuse. 12

13 Alternative resources to assist with concerns not related to child abuse. The Department shall include the following with all certifications provided pursuant to 6344 (B) (2) (relating to information relating to prospective child-care personnel): Information that certain persons are required by law to report suspected child abuse. The internet address where the information and guidance required by this subsection can be obtained. A telephone number and mailing address where guidance materials can be requested by individuals who cannot access the department s internet website. Definition of Perpetrator and Minor Perpetrator Expunction: (SB 23, PN 1586) Act 117 of 2013 amended Title 23 (Domestic Relations) known as the Child Protective Services Law which is effective December 31, Amended 6303 (relating to definitions) Broadens the definition of perpetrator and clarifies acts of abuse versus failures to act: Acts of Abuse: Maintains parents of any age; Includes a spouse, paramour, or former spouse or paramour of the child s parent; Maintains a person 14 years of age or older who is responsible for the child s welfare; Specifies that this term includes any person who has direct or regular contact with a child through any program, activity or service sponsored by a school, forprofit or religious or other not-for-profit organization such as: Camps; Athletic programs; Enrichment programs; or Troops, clubs or similar organizations. School employees and independent contractors are now included as persons responsible for a child s welfare; Specifies that an individual residing in the same home as the child must be 14 years of age or older to be considered a perpetrator for consistency with persons responsible for a child; and Includes an individual 18 years of age or older who does not reside in the same home as the child and is related within the third degree of blood, marriage or adoption to the child. 13

14 Failure to Act: Maintains parents of any age; Includes a spouse, paramour, or former spouse or paramour of the child s parent; Raises the age from 14 to 18 as it relates to: Persons responsible for the child s welfare; and Persons residing in the same home as the child. This ensures that siblings and other minors who could be perpetrators of abuse by commission are not considered perpetrators for failure to act so that they are not held responsible for the actions of adults. Added (relating to expunction of information of perpetrator who is under 18 years of age when child abuse was committed) Mandates the expunction from the Statewide Database of the name of a perpetrator in an indicated report of child abuse who was under the age of 18 when they committed the child abuse: When the individual reaches the age of 21; or Five years has elapsed since their name was added to the data base, whichever is later, if: The individual has: Not been named as the perpetrator in any subsequent indicated report of child abuse and is not named as an alleged perpetrator in a child abuse report pending investigation. Never been convicted or adjudicated delinquent by a court for an offense under 6344(c) (relating to grounds for denying employment) and no proceeding is pending seeking a conviction or adjudication. The child abuse did not involve the use of a deadly weapon as defined under 18 Pa.C.S (relating to definitions): Any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or serious bodily injury, or any other device or instrumentality which, in the manner in which it is used or intended to be used, is calculated or likely to produce death or serious bodily injury. These provisions do not apply to the following cases: A perpetrator of a founded report of child abuse; A sexually violent delinquent child as defined in 42 Pa.C.S (relating to definitions), who meets all of the following: Is required to register under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders); and Was found delinquent as a result of the same acts which resulted in their being named as a perpetrator of child abuse. 14

15 A juvenile offender, as defined under 42 Pa.C.S who meets the following: Is required to register under 42 Pa.C.S Ch 97 Subch H as a result of an adjudication of delinquency for the same as which resulted in their being named as a perpetrator of child abuse; and Has not been removed from the Statewide Registry of Sexual Offenders pursuant to 42 Pa.C.S (relating to termination period of registration for juvenile offenders). A sexual offender, as defined in 42 Pa.C.S , who meets all of the following: Is required to register under Pa.C.S. Ch 97 as a result of a criminal conviction for the same acts which resulted in their being named a perpetrator of child abuse; and Has not completed the period of registration under 42 Pa.C.S (relating to period of registration). Establishment of a Statewide Database of Protective Services: (SB 24, PN 1795) Act 29 of 2014 amended Title 23 (Domestic Relations) known as the Child Protective Services Law which is effective December 31, Amended 6303 (relating to definitions) to include definitions related to: Electronic technologies which is the transfer of information in whole or in part by technology having electrical, digital, magnetic, wireless, optical, electromagnetic, photo-electronic or photo-optical systems, or similar capabilities. The term includes, but is not limited to, , internet communication or other means of electronic transmission. Law enforcement official to include the following: (1) the attorney general. (2) a pennsylvania district attorney. (3) a pennsylvania state police officer. (4) a municipal police officer. Added 6305 (relating to electronic reporting) to require the Department to: establish procedures for the secure and confidential use of electronic technologies to transmit information under the CPSL including: The filing of reports and other required records including those of the county agency; and The verification of records and signatures on forms. Confirm the receipt of a report of suspected child abuse submitted electronically which shall relieve the person making the report of making an additional oral or written report of suspected child abuse. Amended 6317 (relating to mandatory reporting and postmortem investigation of deaths) to require reporting to the medical examiner as well as the coroner when there is reasonable cause to suspect that a child died as a result of child abuse. 15

16 Amended 6331 (relating to establishment of a statewide database) to establish a statewide database of protective services which must now include: (1) reports of suspected child abuse pending investigation. (2) reports with a status of pending juvenile court or pending criminal court action. (3) indicated and founded reports of child abuse. (4) unfounded reports of child abuse awaiting expunction. (5) unfounded reports accepted for services. (6) reports alleging the need for general protective services. (7) general protective services reports that have been determined to be valid. (8) reports alleging the need for general protective services that have been determined invalid and are awaiting expunction. (9) a family case record for all reports accepted for investigation, assessment or services. (10) information on reports made to the agency, but not accepted for investigation or assessment. (11) false reports of child abuse pursuant to a conviction under 18 Pa.C.S (relating to false reports of child abuse). Amended 6332 (relating to establishment of a toll-free telephone number) to require the Department s toll-free telephone number to now be used to report cases of suspected child abuse as well as children allegedly in need of general protective services. This toll-free telephone number, or electronic technologies, is also to be used bylaw enforcement officials, as well as a county agency in determining the existence of prior reports of child abuse or general protective services reports in the statewide database or reports under investigation. Amended 6333 (relating to continuous availability of department) to require the Department to be receive reports of children in need of general protective services and reports made by electronic technologies Amended 6334 (relating to disposition of complaints received) to: Require the county agency or law enforcement official to submit information to the Department within 48 hours, either in writing or by electronic technologies, when the initial report goes to the county agency or law enforcement official and after ensuring the immediate safety of the child and any other child in the child s home. Require the Department to immediately transmit a notice, orally or by electronic technologies, to the county agency where the suspected abuse occurred and requires that the notice contain the following: (1) that a report of suspected child abuse by a perpetrator has been received. (2) the substance of the report. (3) the existence in the statewide database of a prior report or a current investigation or assessment concerning a subject of the report. Require the Department to immediately transmit a notice, orally or by electronic technologies, to the appropriate law enforcement official when the report of suspected child abuse alleges that a criminal offense has 16

17 been committed against the child. This notice must be provided to the county where the child abuse is alleged to have occurred. The notice shall also include: (1) that a report of suspected child abuse has been received. (2) the substance of the report. (3) the existence in the statewide database under section 6331 (relating to establishment of statewide database) of a prior report or a current investigation or assessment concerning a subject of the report. Requires the Department to include the name and contact information of the persons receiving the referral, if known, when a report is referred to the county agency and law enforcement officials. Requires the Department to refer cases of suspected child abuse which occurred in another state and both the child and alleged perpetrator are residents of the Commonwealth to the county agency where the child resides if the other states CPS agency cannot or will not investigate the report. Requires the Department to refer cases of suspected child abuse which occurred in another state and only the alleged perpetrator is a resident of the Commonwealth, to the county agency where the alleged perpetrator resides. The county agency must notify the children and youth social service agency of the jurisdiction in which the suspected abuse occurred and if requested by the other agency, assist in investigating the suspected child abuse. Added (relating to responsibility for investigation) to establish under which circumstances the county agency, law enforcement or both agencies jointly are responsible for investigating suspected child abuse or referrals for protective services based on the individual allegedly committing the act: Committed by a perpetrator = county agency Committed by perpetrator and behavior constituting a possible violation of a criminal offense = joint investigation Committed by a person who is not a perpetrator and behavior constituting a violation of a criminal offense = law enforcement In need of other protective services = county agency Amended 6335 (relating to access to information in statewide database) allows for a county agency or a law enforcement official to request information from the statewide database to determine the existence of prior reports involving the subject of the report. The Department is required to immediately convey information to a county agency or law enforcement official related to a report or a pending investigation or assessment concerning the subject of the report. Information released under this section may be released if the request is made orally or in writing and the Department has: (1) identified the requester, including electronic verification of the requester's identity. (2) determined whether the requester is authorized to obtain the information under this section. (3) provided notice to the requester that access and dissemination of the information is restricted as provided by this chapter. (4) obtained an affirmation by the requester that the request is within the scope of that person's 17

18 official duties and the provisions of this chapter. A county agency or law enforcement official may only request the information under this subsection for the purposes of investigating reports of child abuse, assessing allegations that a child is in need of general protective services, providing protective services to a child or investigation a crime against a child. The following shall apply where information is requested: (1) a law enforcement official may use information contained in the statewide database for the purpose of investigating a criminal offense as follows: (i) information regarding indicated and founded reports may be used for any purpose authorized by this chapter. (ii) information on all other reports may be used for the purposes of investigating a crime involving harm or threatened harm to a child, an alleged violation of section 6319 (relating to penalties for failure to report or to refer) or section 6349 (relating to penalties), or an alleged violation of 18 pa.c.s (relating to false reports of child abuse) or 4958 (relating to intimidation, retaliation or obstruction in child abuse cases). (2) a county agency may use information contained in the statewide database as follows: (i) information regarding indicated or founded reports may be used for any purpose authorized by this chapter. (ii) information on all other reports may be used for any purpose authorized by this chapter, except that information in reports that are not founded or indicated may not be used as evidence by the county agency when determining that a new report of suspected abuse is an indicated report. (3) the department may use information contained in the statewide database as follows: (i) information regarding indicated or founded reports may be used for any purpose authorized by this chapter. (ii) information on all other reports may be used for any purpose authorized by this chapter, except that information in reports that are not founded or indicated may not be used as evidence by the department when determining that a new report of suspected abuse is an indicated report. Information provided in response to inquiries regarding clearances shall not include unfounded reports of child abuse or reports related to general protective services and shall be limited to the following: (1) whether the person was named as a perpetrator of child abuse in a founded or indicated report. (2) whether there is an investigation pending in which the individual is an alleged perpetrator. (3) the number, date of the incidents upon which the report is based and the type of abuse or neglect involved in any reports identified under paragraph (1). Amended 6336 (relating to information in statewide database) to include additional information that must be maintained in the database for protective service reports including: Race and ethnicity; If the report alleged the child was in need of general protective services, whether the report was valid or invalid. If the report was accepted for services and the reasons for the acceptance. If the report was not accepted for services, the reason the report was not accepted and whether the family was referred to other community services. 18

19 In the case of an unfounded or invalid report, if it is later determined that the initial report was a false report, a notation to that effect regarding the status of the report. Unfounded reports of child abuse, limited to the information authorized under section 6337 (relating to disposition and expunction of unfounded reports and general protective services reports). Any additional information provided in section 6313(c) (relating to reporting procedure). Any additional demographic information that the department requires to comply with section 6342 (relating to studies of data in records). A family case record for each family accepted for investigation, assessment or services which shall be maintained consistent with regulatory requirements. With respect to cases that are not accepted for child abuse investigation or general protective services assessment or are referred to community services: the reason the report was not accepted. any information provided to the referral source or the family related to other services or option available to address the report. Any other information that is necessary to maintain the names of persons convicted of a violation under 18 PA.C.S (relating to false reports of child abuse). Amended 6337 (relating to disposition and expunction of unfounded reports and general protective services reports) to: allow unfounded reports that have been accepted for service to be retained in the Statewide Database, but clearly marked as unfounded. It requires the county agency to notify the Department immediately upon closure of the case and the report must be expunged as soon as possible, but not later than 120 days after the one-year period following the date the family case was closed. If the subject child becomes 23 years of age prior to the closure of the family case, the unfounded report must be expunged when the child turns 23. require valid GPS reports, but not accepted for service to be entered into and maintained in the Statewide Database for a period of 5 years. Upon expiration of the 5 years, the report must be expunged as soon as possible, but no later than 120 days after the 5 year period following the date the report was received by the Department. require valid GPS reports that are accepted for service to be entered into and maintained in the statewide database for 5 years after the closure of services by the county agency. Upon expiration of the 5 years, the report must be expunged as soon as possible, but no later than 120 days after the 5 year period following the closure of services by the county agency. require invalid GPS reports to be maintained for a period of 1 year. Upon expiration of the 1 year after the date the report was received by the Department, the report must be expunged as soon as possible, but no later 19

20 than 1230 days after the one year period following the date the report was received by the Department. require county agencies to amend or expunge its records within 10 days of receiving notification from the Department. Amended 6340 (relating to release of information in confidential reports) to align language with other statutory amendments and language and added at (13) to require the Department to notify school administrators and child care service employers of the following: if the alleged perpetrator is a school employee or child care service employee, school administrators and child care service employers shall receive notice of a pending allegation and the final status of the report following the investigation as to whether the report is indicated, founded or unfounded. information disclosed pursuant to this paragraph shall be provided to the school administrator or child care service employer within ten days of the completion of the investigation. if the perpetrator is a school employee, the notice of the final status of the report shall be sent to the department of education within ten days of the completion of the investigation. Amended Subsection (C) (relating to protecting identity) to allow for release of data that would identify the person who made a report of suspected child abuse or who cooperated in a subsequent investigation in response to a law enforcement official investigating allegations of false reports of child abuse under 18 PA.C.S Amended 6344 (b)(2) (relating to information relating to prospective child-care personnel) for a certification from the Department to state whether the applicant is named in the Statewide Database as the alleged perpetrator in a pending child abuse investigation. Added (H.1) (relating to form of payment) has been added to allow for payments for Pennsylvania Child Abuse Registry Checks to me made by check, money order, credit care or debit card. Amended 6346 (relating to will failure to cooperate) to increase the penalties for willful failure to cooperate with the Department or a county agency when investigating a report of suspected child abuse to a misdemeanor of the third degree for the first violation and a misdemeanor of the second degree for subsequent violation. Amended 6347 (relating to reports to Governor and General Assembly) to include reports of general protective services in the Department s Annual Child Abuse Report. Amended 6349 (relating to penalties) to: 20

21 increase the penalty for failure to amend or expunge information to a misdemeanor of the third degree for the first violation and a misdemeanor of the second degree for a second or subsequent violation. increase the penalty for persons who willfully fail to obey a final order of the Secretary or designated agent of the Secretary to amend of expunge the summary of a report in the Statewide Database or the contents of any report filed pursuant to 6313 to a misdemeanor of the third degree. increase the penalty for a person who willfully releases or permits the release of any information in the Statewide Database or county records to persons or agencies not permitted to receive the information to a misdemeanor of the second degree. Added (B.1) (relating to unauthorized access or use of information) to: establish a penalty of a misdemeanor of the second degree for a person who willfully accesses, attempts to access or uses information in the Statewide Database for a purpose not authorized under this chapter. establish a penalty of a misdemeanor of the first degree for a person who uses information in the Stateside database not authorized under this chapter with the intent to harass, embarrass or harm another person. Amended 6375 (c) (relating to assessment for services) to require the county agency to: o Immediately notify the Department upon completion of the assessment whether the report was determined to be valid or invalid and whether the family was accepted for services or referred to community services. o Immediately notify the Department upon the closure of services for a child or family that has been accepted for services. Enhanced Criminal Penalties and New Criminal Offenses: (SB 28, PN 1589) Act 118 of 2013 amended Title 18 (Crimes and Offenses) known as the Crimes Code which is effective January 1, Amended 2701 (relating to simple assault) to enhance the criminal penalties for simple assault as a misdemeanor of the first degree when the act is committed against a child under 12 years of age by a person 18 years of age or older, lowered from an adult 21 years of age or older. Amended 2702 (relating to aggravated assault) to add additional categories including: A felony of the second degree when a person 18 years of age or older attempts to cause or knowingly, intentionally or recklessly causes bodily injury to a child less than 6 years of age; or 21

22 A felony of the first degree when a person 18 years of age or older attempts to cause or knowingly, intentionally or recklessly causes serious bodily injury to a child less than 13 years of age. Added (relating to false reports of child abuse) by creating a new offense of false reports of child abuse. A person commits a misdemeanor of the second degree if the person: Intentionally or knowingly makes a false report of child abuse; or Intentionally or knowingly induces a child to make a false claim of child abuse. Added 4958 (relating to intimidation, retaliation or obstruction in child abuse cases) by creating a new offense to address intimidation, obstruction or retaliation against the reporter, witness or victim in child abuse cases. Intimidation: When a person has knowledge or intents that their conduct will obstruct, impede, impair, prevent or interfere with the making of a child abuse report or the conducting of an investigation or prosecution of a case of child abuse including: Refraining from making a report or not causing a report to be made; Refraining from providing or withholding information, documentation, testimony or evidence; Giving false or misleading information, documentation, testimony or evidence; Eluding, evading or ignoring any request or legal summons to appear to testify or supply evidence; or Failing to appear at or participate in a child abuse proceeding or meeting to which they have been legally summoned. Retaliation: Harming another person by an unlawful act or engaging in a course of conduct or repeatedly committing acts which threaten another person in anything that person has lawfully done as a reporter, witness or victim. Obstruction: Intentionally preventing a public servant from investigating or prosecuting a report of child abuse. Offenses are misdemeanors of the second degree, but become felonies of the second degree if the actor: Employs force, violence or deception or threatens to employ force, violence or deception with reckless intent; Offers pecuniary or other benefit; Furthers a conspiracy to intimidate or retaliate; 22

23 Accepts, agrees or solicits another person to accept any pecuniary benefit to intimidate or retaliate; or Had a prior conviction for this violation under PA, Federal or any other State law. Exchange of Information with Medical Practitioners: (SB 27, PN 2369) Act 176 of 2014 amended Title 23 (Domestic Relations) known as the Child Protective Services Law which is effective December 31, Amended (relating to exchange of information) (a) to allow a certified medical practitioner (CMP) to provide information, in a timely manner, to the county agency in circumstances that negatively affect the medical health of a child when the county agency is: Assessing General Protective Service (GPS) report; Investigating a Child Protective Services (CPS) report; or The family has been accepted for service. Information to be provided includes: Relevant medical information regarding child s prior and current health; Information from subsequent examinations; and Relevant medical information known regarding any other child in the child s household where information may contribute to the assessment, investigation or provision of services by the county to the child or other children in the home. Parental Consent is not required for the CMP to provide the information listed above. Amended (c) to require the county agency to provide information when requested by the child s primary care physician (PCP) or CMP who is providing medical care to the child to assure the proper medical care of the child as it pertains to circumstances that negatively impact medical health of the child including: Final status of the GPS assessment; Indicated or founded CPS; Information on unfounded reports if the CMP made the report as a mandated reporter; If accepted for services, any services provided or arranged by the county; and Identity of other CMP providing medical care to the child to support coordination of care between medical practitioners. Amended (d) to require the county agency, in circumstances which negatively affect the medical health of a child, to provide information to the CMP who is the child s PCP, if known, including: Final status of GPS assessment; Indicated or founded CPS; 23

24 Information on unfounded report if the CMP made the report as a mandated reporter; and If accepted for services, any services provided or arranged by the county. Mandatory Reporting of Infants: (SB 29, PN 1474) Act 4 of 2014 amended Title 23 (Domestic Relations) known as the Child Protective Services Law which is effective April 22, Amended 6303 (relating to definitions) to provide a definition of health care provider to include a licensed hospital or health care facility or person who is licensed, certified or otherwise regulated to provide health care services under the laws of this Commonwealth, including a: Physician; Podiatrist; Optometrist; Psychologist; Physical therapist; Certified nurse practitioner; Registered nurse; Nurse midwife; Physician s assistance Chiropractor; Dentist; Pharmacist; or An individual accredited or certified to provide behavioral health services. Also provided a definition of safety assessment to include a Commonwealth-approved systematic process that assesses a child s need for protection or services based on the threat to the safety of the child. Amended 6386 (relating to mandatory reporting of children under one year of age) to require mandatory reporting by health care providers involved in the delivery or care of a child under one year of age when the child is born and identified as being affected by: Illegal substance abuse by the child s mother. Withdrawal symptoms resulting from prenatal drug exposure. A fetal alcohol spectrum disorder. These requirements are contained in current statute with the exception of fetal alcohol spectrum disorder. Added to this section, 6386, requirements for the county agency to perform a safety assessment or risk assessment, or both, for the child and determine whether child protective services or general protective services are warranted. Also outlines county agency duties in this section upon receipt of a report under this section by the county agency for where the child resides including: 24

25 Immediately ensuring the safety of the child and see the child immediately if emergency protective custody is required or has been or shall be taken or if it cannot be determined from the report whether emergency protective custody is needed. Physically see the child within 48 hours of receipt of the report. Contact the parents of the child within 24 hours of the receipt of the report. Provide or arrange reasonable services to ensure the child is provided with proper parental care, control and supervision. Immunity for Reporters from Liability, Penalties for False Reporting: (SB 30, PN 1648) Act 119 of 2013 amended Title 23 (Domestic Relations) known as the Child Protective Services Law. Section 6303 (a) effective December 31, 2014 Remaining sections effective July 1, Amended 6303 (relating to definitions) Broadens the definition of child care service to include day care services or programs that are offered by a school. Previously these programs were excluded from the definition of child care services. The definition of child care services is primarily used as it relates to completion of clearances. Amended 6318 (relating to immunity from liability) Expands immunity from liability for reporting, cooperating and consulting in investigations, testifying in proceedings as a result of the report and engaging in actions authorized under 6314, 6315, 6316, and 6317 which include taking photographs, arranging for medical tests and x-rays, taking a child into protective custody, admitting a child to a private or public hospital to include general protective services cases. Expands immunity from civil and criminal liability for employees of the Department and Counties who refer general protective services reports to law enforcement officials. Previously this immunity only extended to reports of suspected child abuse. Maintains the presumption that reports are made in good faith when mandated. Amended 6331 (establishment of statewide database) Mandates the establishment of a statewide database of protective services; Includes the maintenance of false reports for the purpose of identifying and tracking patterns of intentional false reporting as follows: Child abuse pursuant to a conviction under 18 Pa.C.S (relating to false report of child abuse). 25

26 Expedited and streamlined appeals process: (SB 30, PN 1648 and HB 726, PN 2778 Combined) Acts 119 and 108, respectively, amend Title 23 (Domestic Relations) known as the Child Protective Services Law with the following effective dates: 6341 (C.2) and (G) (Effective date had been July 1, 2014, but was amended through HB 434 to December 31, 2014) 6341 (A), (B), (C), (C.1) Effective December 31, 2014 (HB 726) Amended 6341 (Amendment or expunction of information) Maintains the Secretary s ability to amend or expunge a record in the statewide database upon good cause shown and notice to the subjects of the report: The request must be in writing in a manner prescribed by the department; For this purpose, good cause includes, but is not limited to: Newly discovered evidence that an indicated report is inaccurate or is being maintained in a manner inconsistent with the CPSL; or Determination that the perpetrator in an indicated report of abuse no longer represents a risk of child abuse and that no significant public purpose would be served by continuing to maintain that person s name on the database. Any person named as a perpetrator of child abuse within 90 days of being notified of the status of the report may request an administrative review by the Secretary or designee or may appeal and request a hearing before the Bureau of Hearing and Appeals: This request must be in writing in a manner prescribed by the department. This amendment extends the length of time that a person named a perpetrator of child abuse has to request an amendment to or expunction of the report because is it inaccurate or is being maintained in a manner inconsistent with the CPSL from 45 to 90 days. Notice related to requests made pursuant to good cause shown or administrative review must be sent within 60 days of receipt of the request. These amendments clarify that good cause shown requests are limited to indicated reports. Previously, an individual could request a good cause shown review of either an indicated or founded report. If the Secretary grants a request for good cause shown or as a result of the administrative review, the appropriate county, law enforcement and all subjects will be notified and the county agency or any subject of the report may file an administrative appeal with the Secretary within 90 days. A perpetrator of child abuse or a school employee may request a hearing on the basis that the report is inaccurate or being maintained inconsistent with the CPSL, if the Secretary does not grant the request under an administrative review or does not provide notice within 30 days of the 26

27 request. This request must be made within 90 days of the notice of results of the investigation. The burden of proof remains with the county agency. Specifies that founded reports will only be expunged when the perpetrator provides a court order that indicates that the underlying adjudication which was the basis of the founded report has been reversed or vacated. Emphasizes that a person shall have a right to a timely hearing consistent with the provisions above: (Effective date had been July 1, 2014, but was amended through HB 434 to December 31, 2014) Hearings must be scheduled within ten days of receipt of the appeal; Reasonable efforts must be made to coordinate the hearing date with the appellee and the appellant; Proceedings before the Bureau of Hearings and Appeals must commence within 90 days of the scheduling order unless all parties have agreed to a continuance; Proceedings and hearings must be scheduled on consecutive days when possible, but when not possible the proceeding or hearing must be concluded no later than 30 days from the day it commenced; The department or the county agency shall provide the person requesting the appeal with evidence gathered during the investigation within its possession, that is relevant to the child abuse determination, subject to 6339 (relating to confidential reports) and 6340 (relating to release of information in confidential reports); The department or the county agency bears the burden of proof by substantial evidence that the report should remain on the database; The decision must be entered, filed and served upon the parties within 45 days of the conclusion of the proceeding or hearing unless an order is entered showing good cause for an extension; No decision may be delayed more than 60 days from the conclusion of the proceeding or hearing; Notices regarding the results are provided to: Statewide database: Appropriate county agency; Appropriate law enforcement officials; and All subjects of the report, except the abused child. Parties to a proceeding or hearing before the Bureau of Hearings and Appeals have 15 calendar days from the mailing date of the final order to request reconsideration by the Secretary or to appeal to Commonwealth Court. Parties have 30 days from mailing date of the final order from the Bureau of Hearings and Appeals to perfect an appeal to Commonwealth Court. The filing for reconsideration does not toll these 30 days. 27

28 Reporting of Child Abuse by School Employees: (SB 31, PN 1849) Act 44 of 2014 amended Title 23 (Domestic Relations) known as the Child Protective Services Law which is effective December 31, Amended 6303 (relating to definitions) to include the following definition: Near Fatality: A child s serious or critical condition, as certified by a physician, where that child is a subject of the report of child abuse. Amended 6311 (C) (relating to staff members of institutions, etc.) to require persons required to report under subsection (b) in the capacity as a member of the staff of a medical or other public or private institution, school, facility or agency, to report immediately in accordance with 6313 and immediately thereafter notify the person in charge of the institution, school, facility or agency or the designated agent of the person in charge. Upon notification, the person in charge or the designated agent, if any, shall facilitate the cooperation of the institution, school, facility or agency with the investigation of the report. Any intimidation, retaliation or obstruction in the investigation of the report is subject to the provisions of 18 PA.C.S (relating to intimidation, retaliation or obstruction in child abuse cases). This chapter does not require more than one report from any such institution, school, facility or agency. Amended 6343 (C) (3) (relating to department reviews and reports of child fatalities and near fatalities) to allow the Department to release the identity of the child only in the case of a child s fatality, prior to completing the child fatality or near fatality report. Repealed Subchapter C.1 relating to student abuse. Amended 6365 to add subsection (D.1) (relating to release by county agency) to allow county agencies to release information prior to completing the child fatality or near fatality report regarding a child who has died or nearly died as a result of suspected or substantiated child abuse consistent with the Department s ability to release under 6343 including: The identity of the child, only in the case of a child's fatality. If the child was in the custody of a public or private agency, the identity of the agency. The identity of the public or private agency under contract with a county agency to provide services to the child and the child's family in the child's home prior to the child's death or near fatality. A description of services provided under paragraph (3). 28

29 Protection from Employment Discrimination: (SB 33, PN 1644) Act 34 of 2014 amended Title 23 (Domestic Relations) known as the Child Protective Services Law which is effective December 31, Deleted 6311 (D) removing current provisions (relating to civil actions for discrimination against a person filing a report); Added 6320 (relating to protection from employment discrimination); Permits a person to commence an action for appropriate relief if all of the following apply: The person is required to report under 6311 or encouraged to report under 6312; The person acted in good faith in making or causing the report of suspected child abuse to be made; and The person is discharged from employment or is discriminated against with respect to compensation, hire, tenure, terms, conditions or privileges of employment as a result of making the report of suspected child abuse. These protections do not apply to an individual: making the report who is found to be a perpetrator of child abuse because of the report; or who fails to make a report of suspected child abuse required under 6311 and is subject to conviction under 6319 for failure to report or refer. Actions must be filed in the court of common pleas of the county where the alleged unlawful discharge or discrimination occurred. When the court finds in favor of the plaintiff, the court may grant appropriate relief which may include reinstatement of the plaintiff with back pay. The Department may intervene in an action commenced under this section. 29

30 Professional Educator Discipline (SB 34, PN 1606) Act 120 of 2013 amended the act of December 12, 1973 (P.L.397, No.141) formerly known as the Professional Educator Discipline Act and now renamed the Educator Discipline Act which is effective February 16, Numerous amendments to the Educator Discipline Act are not necessarily child welfare specific and do not directly impact its roles and responsibilities. Amended 9.1 (relating to mandatory reporting) by requiring the chief school administrator or his designee to file with the Department of Education the following regarding any educator who: Is the subject of a report of suspected child abuse filed by the school entity under the CPSL; and The school entity knows to have been named as the perpetrator of an indicated or founded report of child abuse or student abuse. Allows for the above information to be included in the basis for disciplinary action against an educator. For these purposes an educator is defined as: A person who holds a certificate, who is a charter or cyber charter staff member or who is a contracted educational provider staff member. Multidisciplinary Investigative Teams: (SB 1116, PN 1588) Act 123 of 2013 amended Title 23 (Domestic Relations) known as the Child Protective Services Law which is effective March 18, Clarifies the difference between the required multidisciplinary review team and the multidisciplinary investigative team. Emphasizes existing requirements. Amended 6365 (relating to services for the prevention, investigation and treatment of child abuse) Multidisciplinary review teams must be convened no less than annually: To review substantiated cases of child abuse; and Where appropriate, to assist in the development of the family service plan. Multidisciplinary Investigative Teams: Continue to be convened to coordinate child abuse investigations between the county and law enforcement officials; Maintains requirement to develop a protocol by the county agency and the district attorney for convening of the multidisciplinary investigative team for child abuse by a perpetrator involving the crimes enumerating in 6340 (a) (9) and (10) (relating to information in confidential reports). Maintains that the protocol must include: Standards and procedures for receiving and referring reports and coordinating investigations and for sharing information from interviews; and 30

31 Standards and procedures to avoid duplication of fact finding efforts and interviews to minimize trauma to a child. Maintains the requirement that the district attorney convene the team consistent with the protocol which consists of: Individuals and agencies responsible for investigating the abuse or providing services to the child; and At a minimum a healthcare provider, county caseworker and law enforcement official. Amended 6368 (relating to investigation of reports) Generally speaking this section has been reorganized for clarity and to follow the investigation process. Minimal changes were made related to the investigative process. Changes were made to conform to other enacted amendments including: Clarifying that if the child has experienced bodily injury that the county may require a medical examination by a certified medical practitioner; Requiring the investigation to include interviews with all subjects of the report, including the alleged perpetrator and if a subject is not interviewed or cannot be located that the agency must document its efforts to interview the subject and the reason it could not; Specifically state prior to the interview that the subject, excluding the alleged victim, has the right to have an attorney present during the interview; and Expanding the development and approval of a plan of supervision or alternate arrangement for an individual under investigation to include school employees who are alleged to be perpetrators of child abuse. Funding for Children s Advocacy Centers - DARE Funds: (HB 89, PN 744) Act 27 of 2014 amended Title 75 (relating to Vehicles) which is effective June 6, Amended 1905 (relating to payment to special funds) to provide the funds in the Drug Abuse and Resistance Education (DARE) Fund, which is to be terminated at the end of the fiscal year, to be appropriated to the Pennsylvania Commission on Crime and Delinquency. These funds are to be expended to provide grants to organizations and nonprofit entities employing a multidisciplinary approach to the prevention, identification, investigation, prosecution and treatment of child abuse, including Children's Advocacy Centers during fiscal year

32 Sexual Assault by a Sports Official, Volunteer or Employee of a Nonprofit Association (HB 112, PN 3646) Act 56 of 2014 amended Title 18 (relating to Crimes and Offenses) known as the Crimes Code which was effective August 17, Added the following definitions: o Direct contact - Care, supervision, guidance or control. o Nonprofit association - As defined in 42 Pa.C.S (relating to manager, coach, umpire or referee and nonprofit association negligence standard). o Sports official - A person who supervises children participating in a sports program of a nonprofit association or a for-profit association, including, but not limited to, a coach, assistant coach, athletic trainer, team attendant, game manager, instructor or a person at a sports program who enforces the rules of a sporting event sponsored by a sports program of a nonprofit association or a forprofit association, including, but not limited to, an umpire or referee, whether receiving remuneration or holding the position as a volunteer. o Sports program -As defined in 42 Pa.C.S Amended (a) to add an offense relating to sports official as follows: o Except as provided in sections 3121 (relating to rape), (relating to statutory sexual assault), 3123 (relating to involuntary deviate sexual intercourse), (relating to sexual assault) and 3125 (relating to aggravated indecent assault), a person who serves as a sports official in a sports program of a nonprofit association or a for-profit association commits a felony of the third degree when that person engages in sexual intercourse, deviate sexual intercourse or indecent contact with a child under 18 years of age who is participating in a sports program of the nonprofit association or for-profit association. Amended (b) to add an offense relating to a volunteer or employee of nonprofit association as follows: o Except as provided in sections 3121, , 3123, and 3125, a volunteer or an employee of a nonprofit association having direct contact with a child under 18 years of age who participates in a program or activity of the nonprofit association commits a felony of the third degree if the volunteer or employee engages in sexual intercourse, deviate sexual intercourse or indecent contact with that child. 32

33 Funding for Children s Advocacy Centers and Mandated Reporter Training: (HB 316, PN 3198) Act 28 of 2014 amended the act of April 9, 1929 (P.L.177, No.175) which is effective July 1, Added Article XXIII-B (relating to Children s Advocacy Centers). Amended 2306-B (relating to Child Advocacy Center Advisory Commission) to establish an advisory committee within the Commission consisting of no more than 21 members and be appointed by the chairman of the Commission. Committee members shall include all of the following: (1) the victim advocate. (2) the deputy secretary of the office of children, youth and families of the department of public welfare. (3) representatives from each of the following, who have experience in the multidisciplinary investigation of child abuse and the use and operation of a child advocacy center: (i) child advocacy centers. (ii) county children and youth service agencies. (iii) municipal police departments. (iv) the Pennsylvania state police. (v) district attorneys offices. (vi) victims' service providers. (vii) medical and mental health professionals. Amended 2303-B (relating to funding) for the commission to make grants to qualified applicants on a regional basis as provided in this article for the operation of existing children's advocacy centers and for the establishment of children's advocacy centers, consistent with this article. In awarding grants, the commission shall consider: (i) The number of children to be served. (ii) The geographical area to be serviced. (iii) The scope of the services. (iv) The need for services. (v) The availability of expert pediatric medical and mental health services. (vi) The amount of funds provided from other sources. Also allows the commission to make grants to qualified applicants for the operation of MDITs. Amended B (relating to additional funding) for the initial year, fiscal year beginning July 1, 2014, 50% of the fee charged by the Department of Health for a certified copy of a birth record shall be transferred to the Department of Public Welfare for training of mandated reporters of child abuse and child abuse related costs. 33

34 For the fiscal year beginning July 1, 2015, and each fiscal year thereafter, 50% of the fee charged by the department of health for a certified copy of a birth record shall be distributed as follows: (1) twenty-five percent shall be transferred to the Department of Public Welfare for training of mandated reporters of child abuse and child abuse related costs. (2) seventy-five percent shall be transferred to the Pennsylvania Commission on Crime and Delinquency for grants for child advocacy centers and multidisciplinary investigative teams. The funding under this section shall not be used to supplant federal, state or local funds otherwise available for child advocacy centers and multidisciplinary investigative teams. Section 2304-B (relating to permitted use of funds): no more than 20% of the funds collected annually under this article shall be provided to any single qualified applicant For the first three years after the effective date of this article, the commission shall endeavor to provide 30% of the funds collected under this article to qualified applicants working to establish children's advocacy centers in regions not yet served by such centers. Amended 2305-B (relating to procedure) to state that in order to be a qualified applicant and to be awarded a grant under this article, the commission must find that either: (1) The applicant is an accredited, associate/developing or affiliate member of the National Children's Alliance. (2) In the case of an applicant that is not a member of the National Children's Alliance: (i) The applicant identifies a region of this Commonwealth it intends to serve. (ii) The applicant has received a letter of endorsement from ALL of the district attorneys and multidisciplinary investigative teams of the counties which will be served within the region. A district attorney and a multidisciplinary investigative team shall submit a letter jointly. In no case may the commission distribute funds under this article to an pplicant which has not been endorsed by ALL of the district attorneys and multidisciplinary investigative teams of the counties to be served within the region. (iii) The applicant intends to apply for membership in the National Children's Alliance within a reasonable period of time. (IV) The applicant obtains a letter of endorsement from the Pennsylvania Chapter of Children's Advocacy Centers and Multidisciplinary Teams. 34

35 Sexual Abuse of Children: (HB 321, PN 2693) Act 105 amends Title 18 (Crimes and Offenses) known as the Crimes Code and Title 42 (Judiciary and Judicial Procedure) known as the Judicial Code which is effective on January 1, Amended 3101 (relating to definitions) Indecent contact: The crimes code definition of indecent contact is amended to include the touching of the sexual or other intimate parts of the person for the purpose of arousing or gratifying sexual desire in any person. This is an expansion from either person to include any person who may be witness to the conduct. Amended 6312 (relating to sexual abuse of children) When a person commits the crime of sexual abuse of children and has indecent contact with the child, the grading of the offense will be one grade higher than the original sexual abuse of children offense. Sexual abuse of children includes: Photographing, videotaping, depicting on computer or filming sexual acts; Dissemination of photographs, videotapes, computer depictions and films; and Child pornography. Amended (relating to sentencing for offense involving sexual abuse of children) Instructs the Pennsylvania Commission on Sentencing to adopt a sentence enhancement within its guidelines for the crime of sexual abuse of children to include a range of sentences based upon aggravating circumstances such as: Age of the child or determination of prepubescence; The number of images possessed by the defendant; and The nature and character of the abuse depicted in the images. Considering Involvement with Child Welfare when Awarding Custody: (HB 414, PN 2765) Act 107 of 2013 amended Titles 23 (Domestic Relations) related to child custody matters and the Child Protective Services Law, as well as 42 (Judiciary and Judicial Procedures), Chapter 63 otherwise known as the Juvenile Act which is effective January 1, Amended 5328 (relating to factors to consider when awarding custody) to include information relating to child abuse and involvement with protective services. Amended (relating to consideration of child abuse and involvement with protective services) to allow the court, in custody matters, to consider the following: In respect to child abuse: Whether the child is the subject of an indicated or founded report of child abuse; 35

36 Whether a party or a member of the party s household has been identified as the perpetrator in an indicated or founded report of child abuse; The date and circumstances of the child abuse; and The jurisdiction whether the child abuse took place. In respect to child protective services or general protective services: Whether a party or a member of the party s household was provided services; The type of services provided; The circumstances surrounding the provision of services; The status of services; The date services were provided; and The jurisdiction where services were provided. Also requires cooperation by the Department and county children and youth agencies with the courts to assist in fulfilling their duties under this section. Amended 6340 (relating to release of information in confidential reports) and 6375 (relating to county agency requirements for general protective services) to allow for information sharing by the Department and the county children and youth agency on child protective services (CPS) and general protective services (GPS) to the jurisdiction determining custody. Amended 6307 (relating to inspection and court files) and 6308 (relating to law enforcement records) of the Juvenile Act to allow the Department access to the respective files and records when determining whether an indicated or founded perpetrator of child abuse should be expunged from the statewide database. Education and Training: (HB 431, PN 3179) Act 31 of 2014 amended Title 23 (Domestic Relations) known as the Child Protective Services Law which is effective December 31, Amends 6383 by adding subsection (d) (relating to definitions): The following definitions apply to this section. Direct contact with children The care, supervision, guidance or control of children or routine interaction with children. Operator An executive or facility director. The term does not include a person who is not involved in managerial decisions related to the provision of services for or care of children with regard to any of the following: Personnel; Policy and procedures; Regulatory compliance; Services related to the general or medical care of children; Supervision of children; or 36

37 Safety of children. Amended 6383 (b) (relating to duties of department of state) to: Require each licensing board with jurisdiction over professional licensees identified as mandated reports under this chapter to: Require all persons applying for a license or certification issued by the licensing board to submit documentation acceptable to the licensing board of completion of at least three hours of approved child abuse recognition and reporting training. The training must address, but is not limited to: o Recognition of the signs of child abuse; and o The reporting requirements for suspected child abuse. These trainings must be approved by the Department and may occur as part of the continuing education requirement of the license. Require all persons applying for the renewal of a license or certification issued by the licensing board to submit documentation acceptable to the licensing board of completion of at least two hours of approved continuing education per licensure cycle. The training must address, but is not limited to: o Recognition of the signs of child abuse; and o The reporting requirements for suspected child abuse. Continuing education curricula shall be approved by the licensing board, in consultation with the Department. The two hours of continuing education on child abuse recognition and reporting shall be completed as a portion of the total continuing education required for biennial license renewal. Permit a licensing board with jurisdiction over professional licensees who are mandated reporters under this chapter to exempt an applicant or licensee from the training or continuing education required if all of the following apply: The applicant or licensee submits acceptable documentation that the person has already completed child abuse recognition training which was required under of the Public School Code or required under the Public Welfare Code and these trainings were approved by the Department; and The amount of the training received equals or exceeds the amount of training required above. Require a licensing board to provide professional licensees identified as mandated reporters within information related to mandatory child abuse reporting as part of the biennial renewal of the license. Permit a professional licensee identified as a mandated reporter to apply to the licensing board for an exemption from the training or continuing education requirement and the licensing board to approve the exemption upon submission of 37

38 acceptable documentation that the licensee should not be subject to these training or continuing education requirements. Amended 6383 to add subsection (c) (relating to training of persons subject to department regulation) to require certain persons to receive child abuse recognition and reporting training including: Operators of institutions, facilities or agencies which care for children and are subject to supervision by the Department under article IX of the Public Welfare Code, and their employees who have direct contact with children; Foster parents; Operators of institutions, facilities or agencies which care for children and are subject to supervision by the Department under article X of the Public Welfare Code, and their employees who have direct contact with children; Caregivers in Family Day Care homes which are subject to registration by the Department under Subarticle (c) of the Public Welfare Code and their employees who have direct contact with children. Within six months of the effective date of the legislation (December 31, 2014), operators and caregivers shall receive three hours of training prior to the issuance of a license, approval or registration certificate and three hours of training every five years thereafter. Employees having direct contact with children and foster parents shall receive 3 hours of training within six months of the issuance of a license, approval or registration certificate and three hours of training every five years thereafter. New employees and new foster parents shall receive three hours of training within 90 days of hire or approval and three hours of training every five years thereafter. Training curriculum must be approved by the department and must address, but not be limited to, the following: Recognition of the signs of abuse; Reporting requirement for suspected abuse in the Commonwealth; and For institutions, facilities and agencies their policies related to reporting of suspected child abuse. Persons may be exempted from these training requirements if all of the following apply: The person provides documentation that they have already completed child abuse recognition and reporting training; The training was: o Required under of the Public School Code or these trainings were approved by the Department; or 38

39 o Required under the Child Protective Services Law and the training was approved by the Department; and o The amount of the training received equals or exceeds the amount of training required above. Background Checks: (HB 434, PN 3438) Act 45 of 2014 amended Title 23 (Domestic Relations) known as the Child Protective Services Law which is effective December 31, Many of the amendments in Act 45 were editorial in nature to amend prior legislation that has already been enacted. Amended 6344 (B) (relating to information to be submitted) to explicitly list the individuals required to obtain background check clearances prior to the commencement or service as already prescribed in current law while also raising the age of those individuals requiring background check clearances who reside in the home of a prospective foster parent or adoptive parent for at least 30 days in a calendar year to 18 years of age. Amended 6344 (c) (relating to grounds for denying employment or participation in program, activity or service) to include those individuals who participate in a program, activity or service specifically those individuals who are paid or unpaid. Amended 6344 (o) (relating to use of information) to raise the age of individuals residing in a prospective foster or adoptive home from 14 to 18 years of age when considering their background checks for approval of the prospective applicants. Amended (a.1) to require school employees to obtain background checks in accordance with 6344 as a condition of hire. Amended (b) (relating to investigation) to require employers, administrators or supervisors or other persons responsible for employment decisions or selection of volunteers to review background checks in accordance with 6344 (b) for their prospective employees or volunteers as part of the hiring or selection process. Background Checks (HB 435, PN 4225) Act 153 of 2014 amended Title 23 (Domestic Relations) known as the Child Protective Services Law, which is effective December 31, 2014, as well as Title 42 (relating to Judiciary and Judicial Procedure), which is effective immediately. Added 15 to require the department, PCCD and PDE to conduct a study to analyze and make recommendations on employment bans and an appeals process by December 31, O Recommendations must be reported to: The chairman and minority chairman of the aging and youth committee of the senate; 39

40 The chairman and minority chairman of the public health and welfare committee of the senate; The chairman and minority chairman of the children and youth committee of the House of Representatives; and The chairman and minority chairman of the health committee of the House of Representatives. Amended 6311 (relating to persons required to report suspected child abuse) to add foster parents to the enumerated list of mandated reporters and clarifies reports are made directly to ChildLine by Mandated Reporters by deleting cause a report to be made. Amended 6313 (e) (relating to reporting procedure) to Added 6313 (e) to confirms that a mandated reporter who makes a report of suspected child abuse or crime against a child is not in violation of the Mental Health Procedures Act. Amended 6339 (relating to confidentiality of reports): Previously, 6339 was suspended in part due to being inconsistent with Pennsylvania Rules of Juvenile Court Procedure which permits the disclosure of reports if used as evidence in a hearing to prove dependency. Reference the Pennsylvania Rules of Juvenile Court Procedure for consistency. Amended 6340 (c) (relating to protecting identity) to allow for release of data that would identify the person who made a report of suspected child abuse or who cooperated in a subsequent investigation in response to a law enforcement official investigating allegations of false reports of child abuse under 18 Pa.C.S while also clarifying that the release of the identity of any reporter or any person who cooperated with the investigation is prohibited by the Department, county, institution, school, facility or agency or their designated agent. Technical amendments were made to 6344 to: o Ensure consistent clearance requirement for all child care providers. o Amend FBI clearance language to comply with federal law, with no change operationally. Amended 6344 (a) (relating to employees having contact with children, adoptive and foster parents) to add the following individuals to those required to obtain clearances in accordance with this section: o An individual 14 years of age or older applying for a paid position as an employee responsible for the welfare of a child or having direct contact with children. o Amended 6344 (A.1) (relating to school employees) to clarify that clearances for school employees is as follows: Those governed by Public School Code must get ChildLine Clearance. 40

41 Those not governed by Public School Code must get ChildLine, PSP and FBI. Amendments as it relates to employees: o Employees must report changes in clearance status within 72 hours. Failure to submit the required information could result in: Misdemeanor of the third degree; and/or Discipline up to and including termination or denial of employment. o Persons responsible for employment decisions who have a reasonable belief that an employee: was arrested or convicted of an offense that would deny employment; or named as a perpetrator in an indicated or founded report: must immediately require the employee to obtain a clearance; and cost of clearance is borne by the employing entity. o Deleted the grandfathering clause if hired prior to o New clearances required when beginning employment with a new agency, institution, organization or other entity: Removes the ability to use an existing clearance that is less than a year old. Amendments as it relates to foster parents: o Foster parents must report changes in clearance status within 72 hours: Previously reported within 48 hours. Removed requirement for household members over the age of 18. Agencies may require as part of internal policies. o Removal of foster child or children in accordance with Pennsylvania Rules of Juvenile Court Procedure when there is a: Change in household composition where the person has a clearance that prohibits approval; or Failure of foster parent to submit required information. o Clearances for foster parents must be renewed every 36 months rather than the previously required 24 months. Amendments as it relates to clearances for employees and foster and adoptive parents: o Clarifies that a prospective foster or adoptive home cannot be approved if a household member over 18 years of age is disqualified: Increases age from 14 for consistency. 41

42 Original clearances must be produced prior to employment and a copy maintained by the hiring/approving entity except for 90 day provisional hiring period. o Failure to require the applicant to submit documentation prior to employment results in a misdemeanor of the third degree. o If PSP, ChildLine or FBI clearances reveal the applicant is disqualified from employment or approval, the applicant shall be immediately dismissed from: Employment Approval. Added (relating to certification of compliance) to require clearances to be updated every 36 months for employees and foster parents based on the following timeline: o If clearances were issued prior to December 31, 2014 and are less than 36 months old 36 months from the date of their most recent certification. o If clearances were issued prior to December 31, 2014 and are more than 36 months old by December 31, Amended (relating to volunteers having contact with children) as follows: o Clearance requirement begins July 1, 2015 and must be renewed every 36 months: Adult volunteers Responsible for the welfare of children; or Direct contact with children. o Must obtain PSP and ChildLine. o FBI not required as long as: Position is unpaid; PA resident continuously for the past 10 years; and Signs a disclaimer affirming no charges in other states that would prohibit selection as a volunteer. o Apply same prohibitive approval criteria as employees. o 30 day provisional period. o Organizations can require additional information as part of the clearance process. Volunteers must report changes in clearance status within 72 hours o Failure to submit the required information could result in: Misdemeanor of the third degree; and/or Discipline up to and including termination or denial of volunteer position. 42

43 Persons responsible for administration of a program, activity or service who has a reasonable belief that a volunteer: o was arrested or convicted of an offense that would deny participation in a program, activity or service; or o named as a perpetrator in an indicated or founded report: must immediately require the employee to obtain a clearance; and Cost of clearance is borne by the program, activity or service. New clearances are not needed for volunteers during the length of time their certification is current. Clearances for volunteers must be renewed as follows: o If clearances were issued prior to July 1, 2015 and are less than 36 months old 36 months from the date of their most recent certification. o If clearances were issued prior to July 1, 2015 and are more than 36 months old by July 1, Added (relating to continued employment or participation in program, activity or service) to state: o Nothing interferes with the ability of an employer, or administrator of a program, activity or service to make employment, discipline or termination decisions or establishing additional clearance standards. o New clearances for employment are not needed when transferring within the same organization during the length of time the person s certification is current. Lawyers as Mandated Reporters / Failure to Report: (HB 436, PN 3290) Act 32 of 2014 amended Title 23 (Domestic Relations) known as the Child Protective Services Law which is effective December 31, Amended 6311 (relating to persons required to report suspected child abuse by adding attorney s affiliated with an agency, institution, organization or other entity, including a school or regularly established religious organization that is responsible for the care, supervision, guidance or control of children. Added (relating to privileged communications) to state that subject to subsection (B), the privileged communications between a mandated reporter and a patient or client of the mandated reporter shall not: Apply to a situation involving child abuse. Relieve the mandated reporter of the duty to make a report of suspected child abuse. Subsection (B) (relating to confidential communications) states that the following protections shall apply: 43

44 Confidential communications made to a member of the clergy are protected under 42 PA.C.S (relating to confidential communications to clergymen). Confidential communications made to an attorney are protected so lo ng as they are within the scope of 42 PA.C.C (relating to confidential communications to attorney) and 5928 (relating to confidential communications to attorney), the attorney work product doctrine or the rules of professional conduct for attorneys. Amended 6319 (relating to penalties) at: Subsection (A) (relating to failure to report or refer) to increase the penalties for failure to report or refer a case of suspected child abuse to a felony of the third degree if: The person or official willfully fails to report; The child abuse constitutes a felony of the first degree or higher; and The person or official has direct knowledge of the nature of the abuse. An offense not otherwise specified in (A) is a misdemeanor of the second degree. A report of suspected child abuse to law enforcement or the appropriate county agency by a mandated reporter, made in lieu of a report to the department, shall not constitute an offense under this subsection, provided that the report was made in a good faith effort to comply with the requirements of this chapter. Subsection (B) (relating to continuing course of action) to state if a person s willful failure under subsection (A) continues while the person knows or has reasonable cause to believe the child is actively being subjected to child abuse, the person commits a misdemeanor of the first degree, except that if the child abuse constitutes a felony of the first degree or higher, the person commits a felony of the third degree. Subsection (C) (relating to multiple offenses) to state that a person who commits a second or subsequent offense under Subsection (A) commits a felony of the third degree, except that if the child abuse constitutes a felony of the first degree or higher, the penalty for the second or subsequent offenses is a felony of the second degree. Subsection (D) (relating to statute of limitations) to state that the statute of limitations for an offense under Subsection (A) shall be either the statute of limitations for the crime committed against the minor child or five years, whichever is greater. 44

45 Definition of Child Abuse: (HB 726, PN 2778) Act 108 of 2013 amended Title 23 (Domestic Relations) which is known as the Child Protective Services Law and is effective December 31, Amended 6303 (relating to definitions) Founded reports: Clarifies the judicial adjudications under which a report of suspected child abuse can be founded, while also adding additional grounds upon which a report can be founded when it involves the same factual circumstances involved in the allegation of child abuse including: Acceptance into an Accelerated Rehabilitative Disposition Program; or A final protection from abuse (PFA) order has been granted when the child who is the subject of the report is one of the individuals protected under the PFA and: Only one individual is charged with the abuse in the PFA action; Only that individual defends against the charge; The adjudication involves the same factual evidence; and The PFA adjudication finds that child abuse occurred. Indicated reports: Allows for a report of suspected child abuse to be indicated: regardless of the number of perpetrators; or in situations when the perpetrator is unknown as long as substantial evidence of abuse exists, but the specific perpetrator cannot be identified. Child Abuse: The definition of child abuse has been amended to require that acts or failures to act be committed intentionally, knowingly or recklessly. Includes knowingly, recklessly or intentionally committing acts of child abuse or failing to act when child abuse is being committed: A person acts knowingly when they are aware that their conduct is of that nature or that such circumstances exist and they are aware that it is practically certain that their conduct will cause such a result. A person acts recklessly when they consciously disregard a substantial and unjustifiable risk that the material element exists or will result from their conduct. The risk must be of such a nature and degree that, considering the nature and intent of the conduct and the circumstances known to them, its disregard involves a gross deviation from the standard of 45

46 conduct that a reasonable person would observe in the situation. A person acts intentionally when they consciously engage in conduct of that nature or cause such a result and are aware of such circumstances or believe or hope that they exist. Serious physical neglect was expanded to include egregious behavior which would include situations when the behavior might have only occurred one time, but is bizarre or unimaginable and created one of the circumstances that would fall under this category of abuse. The definition of sexual abuse is unchanged with the exception that consensual activities between a child who is 14 years of age or older and another person who is 14 years of age or older and whose age is within four years of the child s age are excluded as sexual abuse unless any of the following, which involve the use of force or coercion, were committed: Rape; Statutory sexual assault; Involuntary deviate sexual intercourse; Sexual assault; Institutional sexual assault; Aggravated indecent assault; Indecent assault; Indecent exposure; Incest; Prostitution; Sexual abuse; Unlawful contact with a minor; or Sexual exploitation. Child abuse has been redefined to: Lower the threshold from serious physical injury to bodily injury which requires impairment of a physical condition or substantial pain rather than severe pain or lasting impairment. Include behaviors that result in exposing children to potentially harmful medical evaluations or treatment such as fabricating, feigning or inducing a medical symptom or disease (Munchausen Syndrome by Proxy). Lower the threshold for serious mental injury to include causing or substantially contributing to the injury through any act or failure to act or series of such acts or failures to act. Clarifies the former category of imminent risk to include: Kicking, biting, throwing, burning, stabbing or cutting a child; Unreasonably restraining or confining a child; Forcefully shaking, slapping or otherwise striking a child under one year of age; Interfering with the breathing of a child; 46

47 Causing the child to be present at a methamphetamine lab, provided there is a law enforcement investigation occurring; Knowingly leaving a child unsupervised with an individual, other than the child s parent, who is required to register as a sexual offender, sexually violent predator or sexually violent delinquent. This also includes individuals whom the parent reasonably should have known was required to register in one of the categories above. Causing the death of a child through any act or failure to act. Amended 6304 (relating to exclusions) to provide exclusions from substantiation of child abuse including: Exclusion for environmental factors while clarifying that this exclusion does not pertain to any person or entity defined under child care service except an adoptive parent. Prior statutory language contained person responsible for the child s welfare which could have been interpreted to allow for this exclusion to apply to foster parents or staff in residential programs. Exclusion for the practice of religious beliefs for parents with the addition of caregivers within the third degree of consanguinity and with whom the child resides. Adds that this exclusion shall not apply if the failure to provide the needed medical or surgical care causes the child s death. Specifies that this exclusion does not apply to child care services, with the exception of adoptive parents consistent with the previously noted reasons. Exclusion for the use of force for supervision, control and safety purposes applies to parents or person s responsible for the child welfare (including child care service staff). This exclusion applies as long as: The use of force is reasonable and constitutes incidental or minor contact with the child to maintain order and control. The use of force is necessary to: Quell a disturbance; To remove a child from a disturbance that threatened physical injury to person or damage to property; To prevent the child from self-inflicted physical harm; For self-defense or the defense of another person; or To obtain possession of weapons, dangerous objects, controlled substances or paraphernalia on the child or within their control. Exclusion for physical contact that occurs during participation in sports or extracurricular activities. Reiterates that parents have the right to physically discipline their children in accordance with existing law. Harm or injury to a child that results from the act of another child is not considered child abuse and need not be reported to ChildLine unless; The child who caused the injury is a perpetrator; or The following sexual offenses were committed: rape, involuntary deviate sexual intercourse, sexual assault, aggravated indecent assault, indecent assault and indecent exposure. 47

48 No child shall be considered a perpetrator as a result of physical or mental injuries caused during the course of a dispute, fight or scuffle entered into by mutual consent. Excludes the use of reasonable force for self-defense or defense of another individual. Amended 6368 (relating to investigation of reports) to: Require the approval of the county agency administrator or their designee and review by the county agency solicitor prior to a report of suspected child abuse being indicated. Require the approval of the Secretary or a designee and review by the Department s legal counsel when the Department is investigating the report. Establish a three day time frame for the Department to send notice of the final determination to the subjects of the report, excluding the child. Establish a requirement for the Department, within three business days of the receipt of the results of the investigation, to notify mandated reporters of the status determination and the services planned or provided to protect the child. Amended 6381 (relating to evidence in court proceedings) to provide protection to child victims and witnesses in child abuse proceedings in court or in any administrative hearing just as they would in any other prosecution or adjudication. This includes matters such as the designation of child advocates, recorded testimony, hearsay, counsel and confrontation, testimony by alternative methods, and use of dolls. Protections for Minor Victims: (HB 1201, PN 1792) Act 109 amends Title 42 (Judiciary and Judicial Procedure) which is effective February 16, Amended 5981 (relating to declaration of policy) To promote the best interest of minor victims and witnesses of crimes the Judicial Code urges the media to use restraint when revealing the identity or address of child victims or witnesses to crimes. Amended 5988 (relating to victims of physical or sexual abuse) To prevent officers or employees of the court from releasing the name of minor victims of sexual or physical abuse and prevents them from being open to public review; and To allow for the victim of abuse to waive these protections if they are 18 years of age or older at the time of the commencement of the court proceedings. Amended 9561 (relating to report by the district attorney) Conforms the definition of state board for consistency. 48

49 Luring a Child Into a Vehicle: (HB 1594, PN 2185) Act 116 of 2013 amended Title 18 (relating to Crimes and Offenses) known as the Crimes Code which is effective February 16, Amended 2910 (relating to luring a child into a motor vehicle or structure) to increase the grading of the offense of luring a child into a motor vehicle or structure without the consent, expressed or implied, of the child s parent or guardian to a felony of the second degree when it involves a child less than 13 years of age. Does not allow the defendant to claim they did not know the age of the child or that they reasonably believed the child to be 13 years of age or older as a defense when charged with this crime against a child less than 13 years of age. 49

50 ACT 31 IMPLEMENTATION MASTER SCHEDULE Name of Organization State Board of Massage Therapy (Only for those licensees who have not renewed by December 31, 2014) STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS Renewal Date(s) January 31, 2015 February 28, 2015 STATE BOARD OF DENTISTRY March 31, 2015 STATE BOARD OF NURSING First Cohort of Nurses Second Cohort of Nurses Third Cohort of Nurses Licensed Practical Nurses Licensed Dietitian-Nutritionists Fourth Cohort of Nurses April 30, 2015 October 31, 2015 April 30, 2016 June 30, 2016 September 30, 2016 October 31, 2016 STATE BOARD OF OCCUPATIONAL THERAPY June 30, 2015 STATE BOARD OF PSYCHOLOGY November 30, 2015 STATE BOARD OF FUNERAL DIRECTORS January 31, 2016 STATE BOARD OF EXAMINERS IN SPEECH- LANGUAGE AND HEARING STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS July 31, 2016 June 30, 2016 STATE BOARD OF CHIROPRACTIC August 31, 2016 STATE BOARD OF PHARMACY September 30, 2016 STATE BOARD OF OSTEOPATHIC MEDICINE October 31, 2016 STATE BOARD OF OPTOMETRY November 30, 2016 STATE BOARD OF MEDICINE December 31, 2016 STATE BOARD OF PHYSICAL THERAPY December 31, 2016 STATE BOARD OF PODIATRY December 31, 2016 STATE BOARD OF MASSAGE THERAPY January 31,

51 Act 105 of 2013 CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - SEXUAL ABUSE OF CHILDREN AND SENTENCING FOR OFFENSES INVOLVING SEXUAL ABUSE OF CHILDREN Act of Dec. 18, 2013, P.L. 1163, No. 105 Cl. 18 Session of 2013 No HB 321 AN ACT Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in sexual offenses, further providing for definitions; in minors, further providing for the offense of sexual abuse of children; and, in sentencing, providing for sentencing for offenses involving sexual abuse of children. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. The definition of "indecent contact" in section 3101 of Title 18 of the Pennsylvania Consolidated Statutes is amended to read: Definitions. Subject to additional definitions contained in subsequent provisions of this chapter which are applicable to specific provisions of this chapter, the following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section: "Indecent contact." Any touching of the sexual or other intimate parts of the person for the purpose of arousing or gratifying sexual desire, in [either] any person. Section 2. Section 6312(b), (c) and (d) of Title 18 are amended and the section is amended by adding a subsection to read: Sexual abuse of children. (b) Photographing, videotaping, depicting on computer or filming sexual acts.-- (1) Any person who causes or knowingly permits a child under the age of 18 years to engage in a prohibited sexual act or in the simulation of such act [is guilty of a felony of the second degree] commits an offense if such person 51

52 knows, has reason to know or intends that such act may be photographed, videotaped, depicted on computer or filmed. (2) Any person who knowingly photographs, videotapes, depicts on computer or films a child under the age of 18 years engaging in a prohibited sexual act or in the simulation of such an act [is guilty of a felony of the second degree] commits an offense. (c) Dissemination of photographs, videotapes, computer depictions and films.-- [(1)] Any person who knowingly sells, distributes, delivers, disseminates, transfers, displays or exhibits to others, or who possesses for the purpose of sale, distribution, delivery, dissemination, transfer, display or exhibition to others, any book, magazine, pamphlet, slide, photograph, film, videotape, computer depiction or other material depicting a child under the age of 18 years engaging in a prohibited sexual act or in the simulation of such act commits an offense. [(2) A first offense under this subsection is a felony of the third degree, and a second or subsequent offense under this subsection is a felony of the second degree.] (d) Child pornography.-- [(1)] Any person who intentionally views or knowingly possesses or controls any book, magazine, pamphlet, slide, photograph, film, videotape, computer depiction or other material depicting a child under the age of 18 years engaging in a prohibited sexual act or in the simulation of such act commits an offense. [(2) A first offense under this subsection is a felony of the third degree, and a second or subsequent offense under this subsection is a felony of the second degree.] (d.1) Grading.--The offenses shall be graded as follows: (1) Except as provided in paragraph (3), an offense under subsection (b) is a felony of the second degree. (2) (i) Except as provided in paragraph (3), a first offense under subsection (c) or (d) is a felony of the third degree. (ii) A second or subsequent offense under subsection (c) or (d) is a felony of the second degree. (3) When a person commits an offense graded under paragraph (1) or (2)(i) and indecent contact with the child as defined in section 3101 (relating to definitions) is depicted, the grading of the offense shall be one grade higher than the grade specified in paragraph (1) or (2)(i). Section 3. Title 42 is amended by adding a section to read: Sentencing for offenses involving sexual abuse of children. The Pennsylvania Commission on Sentencing, in accordance with section 2154 (relating to adoption of guidelines for 52

53 sentencing), shall provide for a sentence enhancement within its guidelines for an offense under 18 Pa.C.S (relating to sexual abuse of children), specifying variations from the range of sentences applicable based on such aggravating circumstances as the age of the child or a determination of prepubescence, the number of images possessed by the defendant and the nature and character of the abuse depicted in the images. Section 4. This act shall take effect January 1, 2014, or immediately, whichever occurs later. APPROVED--The 18th day of December, A.D TOM CORBETT 53

54 HB 414 Act 107 of 2013 DOMESTIC RELATIONS CODE (23 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - OMNIBUS AMENDMENTS Act of Dec. 18, 2013, P.L. 1167, No. 107 Cl. 23 Session of 2013 No AN ACT Amending Titles 23 (Domestic Relations) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in child custody, further providing for factors to consider when awarding custody; providing for consideration of child abuse and involvement with child protective services; in child protective services, further providing for release of information in confidential reports and for county agency requirements for general protective services; and, in juvenile matters, further providing for inspection of court files and records and for law enforcement records. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section 5328(a) of Title 23 of the Pennsylvania Consolidated Statutes is amended by adding a paragraph to read: Factors to consider when awarding custody. (a) Factors.--In ordering any form of custody, the court shall determine the best interest of the child by considering all relevant factors, giving weighted consideration to those factors which affect the safety of the child, including the following: (2.1) The information set forth in section (a) (relating to consideration of child abuse and involvement with protective services). Section 2. Title 23 is amended by adding a section to read: Consideration of child abuse and involvement with protective services. (a) Information sharing.--in accordance with section 6340(a)(5.1) (relating to release of information in confidential reports), where a party seeks any form of custody, subject to the examination of the parties, the court shall determine: (1) With respect to child abuse under Chapter 63 (relating to child protective services) or a child who is a 54

55 victim of a crime under 18 Pa.C.S. (relating to crimes and offenses) which would constitute abuse under Chapter 63: (i) Whether the child is the subject of an indicated or founded report of child abuse. (ii) Whether a party or a member of the party's household has been identified as the perpetrator in an indicated or founded report of child abuse. (iii) The date and circumstances of the child abuse. (iv) The jurisdiction where the child abuse investigation took place. (2) With respect to child protective services or general protective services under Chapter 63: (i) Whether a party or a member of a party's household has been provided services. (ii) The type of services provided. (iii) The circumstances surrounding the provision of services. (iv) The status of services. (v) The date the services were provided. (vi) The jurisdiction where the services were provided. (b) Cooperation.--The following apply: (1) The Department of Public Welfare and the county children and youth social service agency shall fully cooperate with the court and assist the court in fulfilling its duties under this section. (2) The Department of Public Welfare and the county children and youth social service agency shall fully cooperate with the governing authority in order to implement the provisions of this section. (3) The governing authority shall develop procedures to implement the provisions of this section. (4) As used in this subsection, the term "governing authority" shall have the meaning given to it in 42 Pa.C.S. 102 (relating to definitions). Section 3. Section 6340(a)(5.1) of Title 23 is amended to read: Release of information in confidential reports. (a) General rule.--reports specified in section 6339 (relating to confidentiality of reports) shall only be made available to: (5.1) A court of common pleas in connection with any matter involving custody of a child[. The department shall provide to the court any reports and files which the court considers relevant.] as set forth in sections 5328 (relating to factors to consider when awarding custody) and (relating to consideration of child abuse and involvement with protective services). 55

56 Section 4. Section 6375 of Title 23 is amended by adding a subsection to read: County agency requirements for general protective services. (o) Availability of information.--information related to reports of a child in need of general protective services shall be available to individuals and entities to the extent they are authorized to receive information under section 6340 (relating to release of information in confidential reports). Section 5. Sections 6307(a) and 6308(a) of Title 42 are amended by adding paragraphs to read: Inspection of court files and records. (a) General rule.--all files and records of the court in a proceeding under this chapter are open to inspection only by: (4.1) A court in determining custody, as provided in 23 Pa.C.S (relating to factors to consider when awarding custody) and (relating to consideration of child abuse and involvement with protective services). (6.5) The Department of Public Welfare for use in determining whether an individual named as the perpetrator of an indicated report of child abuse should be expunged from the Statewide database Law enforcement records. (a) General rule.--law enforcement records and files concerning a child shall be kept separate from the records and files of arrests of adults. Unless a charge of delinquency is transferred for criminal prosecution under section 6355 (relating to transfer to criminal proceedings), the interest of national security requires, or the court otherwise orders in the interest of the child, the records and files shall not be open to public inspection or their contents disclosed to the public except as provided in subsection (b); but inspection of the records and files is permitted by: (6) The Department of Public Welfare for use in determining whether an individual named as the perpetrator of an indicated report of child abuse should be expunged from the Statewide database. Section 6. The amendment or addition of 23 Pa.C.S. 5328(a)(2.1), , 6340(a)(5.1) and 6375(o) and 42 Pa.C.S. 6307(a)(4.1) and (6.5) and 6308(a)(6) shall apply to: (1) Any action regarding custody of a child under 23 Pa.C.S. Ch. 53 that is filed on or after the effective date of this section. 56

57 (2) Any petition to modify a custody order under 23 Pa.C.S. Ch. 53 that is filed on or after the effective date of this section. Section 7. This act shall take effect January 1, 2014, or immediately, whichever occurs later. APPROVED--The 18th day of December, A.D TOM CORBETT 57

58 Act 118 of 2013 CRIMES CODE (18 PA.C.S.) - SIMPLE ASSAULT, AGGRAVATED ASSAULT, FALSE REPORTS OF CHILD ABUSE AND INTIMIDATION OR RETALIATION IN CHILD ABUSE CASES Act of Dec. 18, 2013, P.L. 1198, No. 118 Cl. 18 Session of 2013 No SB 28 AN ACT Amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in assault, further providing for the offense of simple assault and for the offense of aggravated assault; and, in falsification and intimidation, providing for the offense of false reports of child abuse and for the offense of intimidation or retaliation in child abuse cases. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section 2701(a) and (b)(2) of Title 18 of the Pennsylvania Consolidated Statutes are amended to read: Simple assault. (a) Offense defined.--[a] Except as provided under section 2702 (relating to aggravated assault), a person is guilty of assault if he: (1) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another; (2) negligently causes bodily injury to another with a deadly weapon; (3) attempts by physical menace to put another in fear of imminent serious bodily injury; or (4) conceals or attempts to conceal a hypodermic needle on his person and intentionally or knowingly penetrates a law enforcement officer or an officer or an employee of a correctional institution, county jail or prison, detention facility or mental hospital during the course of an arrest or any search of the person. (b) Grading.--Simple assault is a misdemeanor of the second degree unless committed: (2) against a child under 12 years of age by [an adult 21] a person 18 years of age or older, in which case it is a misdemeanor of the first degree. 58

59 Section 2. Section 2702(a)(6) and (7) and (b) of Title 18 are amended and subsection (a) is amended by adding paragraphs to read: Aggravated assault. (a) Offense defined.--a person is guilty of aggravated assault if he: (6) attempts by physical menace to put any of the officers, agents, employees or other persons enumerated in subsection (c), while in the performance of duty, in fear of imminent serious bodily injury; [or] (7) uses tear or noxious gas as defined in section 2708(b) (relating to use of tear or noxious gas in labor disputes) or uses an electric or electronic incapacitation device against any officer, employee or other person enumerated in subsection (c) while acting in the scope of his employment[.]; (8) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to a child less than six years of age, by a person 18 years of age or older; or (9) attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to a child less than 13 years of age, by a person 18 years of age or older. (b) Grading.--Aggravated assault under subsection (a)(1) [and], (2) and (9) is a felony of the first degree. Aggravated assault under subsection (a)(3), (4), (5), (6) [and (7)], (7) and (8) is a felony of the second degree. Section 3. Title 18 is amended by adding sections to read: False reports of child abuse. A person commits a misdemeanor of the second degree if the person intentionally or knowingly makes a false report of child abuse under 23 Pa.C.S. Ch. 63 (relating to child protective services) or intentionally or knowingly induces a child to make a false claim of child abuse under 23 Pa.C.S. Ch Intimidation, retaliation or obstruction in child abuse cases. (a) Intimidation.--A person commits an offense if: (1) The person has knowledge or intends that the person's conduct under paragraph (2) will obstruct, impede, impair, prevent or interfere with the making of a child abuse report or the conducting of an investigation into suspected child abuse under 23 Pa.C.S. Ch. 63 (relating to child protective services) or prosecuting a child abuse case. (2) The person intimidates or attempts to intimidate any reporter, victim or witness to engage in any of the following actions: (i) Refrain from making a report of suspected child abuse or not cause a report of suspected child abuse to be made. 59

60 (ii) Refrain from providing or withholding information, documentation, testimony or evidence to any person regarding a child abuse investigation or proceeding. (iii) Give false or misleading information, documentation, testimony or evidence to any person regarding a child abuse investigation or proceeding. (iv) Elude, evade or ignore any request or legal process summoning the reporter, victim or witness to appear to testify or supply evidence regarding a child abuse investigation or proceeding. (v) Fail to appear at or participate in a child abuse proceeding or meeting involving a child abuse investigation to which the reporter, victim or witness has been legally summoned. (b) Retaliation.--A person commits an offense if the person harms another person by any unlawful act or engages in a course of conduct or repeatedly commits acts which threaten another person in retaliation for anything that the other person has lawfully done in the capacity of a reporter, witness or victim of child abuse. (b.1) Obstruction.--In addition to any other penalty provided by law, a person commits an offense if, with intent to prevent a public servant from investigating or prosecuting a report of child abuse under 23 Pa.C.S. Ch. 63, the person by any scheme or device or in any other manner obstructs, interferes with, impairs, impedes or perverts the investigation or prosecution of child abuse. (c) Grading.-- (1) An offense under this section is a felony of the second degree if: (i) The actor employs force, violence or deception or threatens to employ force, violence or deception upon the reporter, witness or victim or, with reckless intent or knowledge, upon any other person. (ii) The actor offers pecuniary or other benefit to the reporter, witness or victim. (iii) The actor's conduct is in furtherance of a conspiracy to intimidate or retaliate against the reporter, witness or victim. (iv) The actor accepts, agrees or solicits another person to accept any pecuniary benefit to intimidate or retaliate against the reporter, witness or victim. (v) The actor has suffered a prior conviction for a violation of this section or has been convicted under a Federal statute or statute of any other state of an act which would be a violation of this section if committed in this Commonwealth. (2) An offense not otherwise addressed in paragraph (1) is a misdemeanor of the second degree. 60

61 (d) Definitions.--The following words and phrases when used in this section shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Child abuse." As defined in 23 Pa.C.S. 6303(b.1) (relating to definitions). "Mandated reporter." As defined in 23 Pa.C.S. 6303(a). "Public servant." As defined in section 4501 (relating to definitions). "Reporter." A person, including a mandated reporter, having reasonable cause to suspect that a child under 18 years of age is a victim of child abuse. Section 4. This act shall take effect January 1, 2014, or immediately, whichever is later. APPROVED--The 18th day of December, A.D TOM CORBETT 61

62 Act 109 of 2013 JUDICIAL CODE (42 PA.C.S.) - DECLARATION OF POLICY, VICTIMS OF SEXUAL OR PHYSICAL ABUSE AND REPORT BY DISTRICT ATTORNEY Act of Dec. 18, 2013, P.L. 1181, No. 109 Cl. 42 Session of 2013 No HB 1201 AN ACT Amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in depositions and witnesses, further providing for declaration of policy, for definitions and for victims of sexual or physical abuse; and in post-trial matters, further providing for report by district attorney. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section 5981 of Title 42 of the Pennsylvania Consolidated Statutes is amended to read: Declaration of policy. In order to promote the best interests of the [children of this Commonwealth] residents of this Commonwealth who are under 18 years of age, especially those [children] who are material witnesses to or victims of crimes, the General Assembly declares its intent, in this subchapter, to provide [these children], where necessity is shown, procedures which will protect them during their involvement with the criminal justice system. The General Assembly urges the news media to use significant restraint and caution in revealing the identity or address of children who are victims of or witnesses to crimes or other information that would reveal the name or address of the child victim or witness. Section 2. Section 5982 of Title 42 is amended by adding a definition to read: Definitions. The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Minor." An individual who, at the time of the commission of the offense involving sexual or physical abuse, is under 18 years of age. Section 3. Sections 5988 and 9561(b) of Title 42 are amended to read: 62

63 5988. Victims of sexual or physical abuse. (a) Release of name prohibited.--notwithstanding any other provision of law to the contrary, in a prosecution involving [a child victim of sexual or physical abuse, unless the court otherwise orders, the name of the child victim shall not be disclosed by officers or employees of the court to the public, and any records revealing the name of the child victim will not be open to public inspection.] a minor victim of sexual or physical abuse, the name of the minor victim shall not be disclosed by officers or employees of the court to the public, and any records revealing the name of the minor victim shall not be open to public inspection. (a.1) Application of section.--the provisions of this section shall apply to a prosecution involving a minor victim regardless of the date of the commencement of the prosecution. (a.2) Waiver.--A minor victim who is 18 years of age or older at the time of the commencement of the prosecution may waive the provisions of this section and allow the court to release the name of the minor victim. The court shall develop procedures to implement the provisions of this subsection. (b) Penalty.--Any person who violates this section commits a misdemeanor of the third degree Report by district attorney. (b) Definitions.--The following words and phrases when used in this section shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Health care professional." A person licensed, certified or registered by any of the State boards as defined in this section. "State board." Includes the following departmental administrative boards within the Department of State: the State Board of Medicine, the State Board of Osteopathic Medicine, the State Board of Dentistry, the State Board of Podiatry, the State Board of Pharmacy, the State Board of Nursing, the State Board of Physical Therapy, the State Board of Occupational Therapy Education and Licensure, the State Board of [Optometrical Examiners, the State Board of Examiners of Nursing Home Administrators, the State Board of Chiropractic Examiners, the State Board of Psychologist Examiners and the State Board of Examiners in Speech-Language and Hearing.] Optometry, the State Board of Examiners of Nursing Home Administrators, the State Board of Chiropractic, the State Board of Psychology, the State Board of Massage Therapy, the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors, the State Board of Examiners in Speech-Language and Hearing and any other health-related administrative board which issues professional or occupational licenses within the Department of State. Section 4. This act shall take effect in 60 days. 63

64 APPROVED--The 18th day of December, A.D TOM CORBETT 64

65 Act 116 of 2013 CRIMES CODE (18 PA.C.S.) - LURING A CHILD INTO A MOTOR VEHICLE OR STRUCTURE Act of Dec. 18, 2013, P.L. 1194, No. 116 Cl. 18 Session of 2013 No HB 1594 AN ACT Amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for the offense of luring a child into a motor vehicle or structure. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section 2910 of Title 18 of the Pennsylvania Consolidated Statutes is amended to read: Luring a child into a motor vehicle or structure. (a) Offense.--Unless the circumstances reasonably indicate that the child is in need of assistance, a person who lures or attempts to lure a child into a motor vehicle or structure without the consent, express or implied, of the child's parent or guardian commits [a misdemeanor of the first degree] an offense. (a.1) Grading.--The following shall apply: (1) Except as provided under paragraph (2), an offense under subsection (a) is a misdemeanor of the first degree. (2) If an offense under subsection (a) involves a child under 13 years of age, the offense is a felony of the second degree. (a.2) Mistake as to age.--if an offense under subsection (a) involves a child under 13 years of age, it shall be no defense that the defendant did not know the age of the child or reasonably believed the child to be 13 years of age or older. (b) Affirmative defense.--it shall be an affirmative defense to a prosecution under this section that the person lured or attempted to lure the child into the structure for a lawful purpose. (c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection: "Child." A person under 18 years of age. 65

66 "Motor vehicle." Every self-propelled device in, upon or by which any person or property is or may be transported or drawn on a public highway. "Structure." A house, apartment building, shop, warehouse, barn, building, vessel, railroad car, cargo container, house car, trailer, trailer coach, camper, mine, floating home or other enclosed structure capable of holding a child, which is not open to the general public. Section 2. This act shall take effect in 60 days. APPROVED--The 18th day of December, A.D TOM CORBETT 66

67 SB 34 Act 120 of 2013 PROFESSIONAL EDUCATOR DISCIPLINE ACT - OMNIBUS AMENDMENTS Act of Dec. 18, 2013, P.L. 1205, No. 120 Cl. 24 Session of 2013 No AN ACT Amending the act of December 12, 1973 (P.L.397, No.141), entitled "An act relating to certification of teachers in the public schools of the Commonwealth and creating a Professional Standards and Practices Commission," making extensive substantive and editorial changes; providing for imposition of discipline on additional grounds, for imposition of discipline on founded reports, for confidentiality, for subpoenas and for disposition of fees and fines collected; and establishing the Professional Educator Discipline Account. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Sections 1.1 and 1.2 of the act of December 12, 1973 (P.L.397, No.141), known as the Professional Educator Discipline Act, added December 20, 2000 (P.L.918, No.123), are amended to read: Section 1.1. Short Title.--This act shall be known and may be cited as the [Professional] Educator Discipline Act. Section 1.2. Definitions.--When used in this act, the following words and phrases shall have the following meanings: "Administrator" shall mean [a person who is a commissioned officer or holds a valid administrative certificate.] an educator who holds a letter of eligibility, a commission, an administrative certificate or a supervisory certificate or who serves in a school entity in a position that supervises the educational operations of a school building, a school program or a school system. "Certificate" shall mean any Commonwealth of Pennsylvania certificate, commission, letter of eligibility or permit issued under the act of March 10, 1949 (P.L.30, No.14), known as the "Public School Code of 1949," or under the act of January 28, 1988 (P.L.24, No.11), known as the "Private Academic Schools Act." The term includes a certificate or letter of eligibility that is invalid or inactive as defined in 22 Pa. Code 49.2 (relating to inactivity and invalidity). 67

68 "Charter or cyber charter school" shall mean a school established pursuant to Article XVII-A of the act of March 10, 1949 (P.L.30, No.14), known as the "Public School Code of 1949." "Charter or cyber charter school staff member" shall mean an individual employed by a charter or cyber charter school in a position for which [State] certification would be required in a public school other than a charter or cyber charter school but who is not required to hold [State] certification under section 1724-A of the act of March 10, 1949 (P.L.30, No.14), known as the "Public School Code of 1949." The term includes an individual who is an administrator, including the chief administrator or the individual with primary responsibility for the administration of the charter or cyber charter school. "Chief school administrator" shall mean the superintendent or chief executive officer of a school district, the executive director of an intermediate unit, the director of an area vocational-technical school, the chief administrator of a charter or cyber charter school, the director of a private academic school or the chief administrator of a contracted educational provider. "Child" shall mean an individual who is less than 18 years of age. "Commission" shall mean the Professional Standards and Practices Commission. "Contracted educational provider" shall mean an individual or an entity with which a school entity has contracted to provide direct educational services to its students. "Contracted educational provider staff member" shall mean a person who: (1) serves in a position for which certification would be required in a public school; and (2) is employed by a contracted educational provider or by or in a school entity as an individual contracted educational provider. The term includes an individual who is an administrator, including the chief administrator or the individual with primary responsibility for the administration of a contracted educational provider. "Department" shall mean the Department of Education of the Commonwealth. "Discipline" shall mean [any one of the following actions] any of the following: (1) [Issue a private] Private reprimand. (2) [Issue a public] Public reprimand. (3) [Direct the department to suspend the certificate of a professional educator] Suspension. (4) [Direct the department to revoke the certificate of a professional educator] Revocation. [(5) For a charter school staff member, the term shall include an order suspending the person's eligibility to be 68

69 employed by a charter school or prohibiting the person from being employed by a charter school. (6) Accept a professional certificate surrendered in lieu of discipline.] (5) Surrender. (6) Supplemental sanctions. [The commission may require a professional educator to meet certain conditions or take corrective action in conjunction with any discipline.] "Educational specialist" shall mean a person who holds an educational specialist certificate issued by the Commonwealth, including, but not limited to, a certificate [endorsed] in the area of elementary school counselor, secondary school counselor, social restoration, school nurse, home and school visitor, school psychologist, dental hygienist, instructional technology specialist or nutrition service specialist. "Educator" shall mean a person who holds a certificate, who is a charter or cyber charter school staff member or who is a contracted educational provider staff member. "Indictment" shall include a bill of indictment, police criminal complaint, criminal information or other similar document. "Private academic school" shall mean a school that is licensed to operate under the act of January 28, 1988 (P.L.24, No.11), known as the "Private Academic Schools Act." ["Professional educator" shall mean a person who is certificated as a teacher, educational specialist or an administrator in the Commonwealth.] "Revocation" shall mean the termination of a certificate, the termination of the eligibility to be employed as a charter or cyber charter school staff member or the termination of the eligibility to be employed as a contracted educational provider staff member. "School entity" shall mean a school district, intermediate unit [or], area vocational-technical school, charter [school, Scotland School for Veterans' Children, Scranton State School for the Deaf and Thaddeus Stevens College of Technology] or cyber charter school, private academic school or contracted educational provider. "Secretary" shall mean the Secretary of Education of the Commonwealth. "Sexual abuse or exploitation" shall [mean the employment, use, persuasion, inducement, enticement or coercion of a child or student to engage in or assist any other person to engage in any sexually explicit conduct or a simulation of any sexually explicit conduct for the purpose of producing a visual depiction, including photographing, videotaping, computer depicting or filming, of any sexually explicit conduct or conduct that constitutes an offense under 18 Pa.C.S. Ch. 31 (relating to sexual offenses) or section 6312 (relating to 69

70 sexual abuse of children) or other forms of sexual exploitation of children or students.] have the meaning given to the term by 23 Pa.C.S. Ch. 63 (relating to child protective services). "Sexual misconduct" shall mean any act, including, but not limited to, any verbal, nonverbal, written or electronic communication or physical activity, directed toward or with a child or a student regardless of the age of the child or student that is designed to establish a romantic or sexual relationship with the child or student. Such prohibited acts include, but are not limited to, the following: (1) sexual or romantic invitations; (2) dating or soliciting dates; (3) engaging in sexualized or romantic dialogue; (4) making sexually suggestive comments; (5) self-disclosure or physical exposure of a sexual, romantic or erotic nature; or (6) any sexual, indecent, romantic or erotic contact with the child or student. "State Board" shall mean the State Board of Education. "State Board of Private Academic Schools" shall mean the departmental administrative board as established by the act of January 28, 1988 (P.L.24, No.11), known as the "Private Academic Schools Act." "Student" shall mean an individual enrolled in: (1) a public school, including an intermediate unit, area vocational-technical school and a charter or cyber charter school; (2) a private school, including a nonpublic, nonlicensed school, private academic school and accredited school; or (3) a contracted educational provider. "Supplemental sanctions" shall mean private or public disciplinary sanctions that focus on remediation or restitution, including, but not limited to, fees, fines, prescribed coursework, evaluations, treatment plans, impaired educator programs and other corrective action plans. "Surrender" shall mean the termination by consent of a certificate or eligibility to be employed as a charter or cyber charter school staff member or as a contracted educational provider staff member whenever the surrender occurs at any time after the issuance of the certificate or the employment in a charter or cyber charter school or contracted educational provider. "Suspension" shall mean the temporary termination of a certificate, the temporary termination of the eligibility to be employed as a charter or cyber charter school staff member or the temporary termination of the eligibility to be employed as a contracted educational provider staff member for a specific period of time, for an indefinite period of time or until specific conditions are met. 70

71 ["Teach" shall mean to engage in the practice of teaching in the public schools of the Commonwealth or to provide related educational specialist, administrative or supervisory services in such schools.] "Teacher" shall mean [a] any person who holds a [valid] Pennsylvania teaching certificate[.] or who is employed as a contracted educational provider staff member or by a charter or cyber charter school in a position for which certification would be required in a public school other than a charter or cyber charter school, but who is not required to hold certification under the act of March 10, 1949 (P.L.30, No.14), known as the "Public School Code of 1949." Section 2. Section 2 of the act is amended to read: Section 2. Certification Requirements.--(a) No [person shall teach in a public school] educator shall be employed by a school entity in the Commonwealth unless he has met the certification requirements which are applicable to the position in the institution in which he is employed as established by the State Board [of Education which are applicable to the institution where he is employed.], the State Board of Private Academic Schools or the department. An educator whose certificate has been revoked, suspended or surrendered is not eligible for employment in a school entity in a position requiring certification or for which certification would be required in a public school other than a charter or cyber charter school or eligible for any certificate until the certificate or eligibility is reinstated in accordance with this act. (b) An educator whose eligibility to be employed as a charter or cyber charter school staff member or as a contracted educational provider staff member has been revoked, suspended or surrendered is not eligible for employment in a school entity in a position requiring certification or for which certification would be required in a public school other than a charter or cyber charter school or eligible for any certificate until eligibility is reinstated in accordance with this act. Section 3. Sections 3, 4, 5 and 6 of the act, amended December 20, 2000 (P.L.918, No.123), are amended to read: Section 3. Professional Standards and Practices Commission.- -(a) There is hereby created a Professional Standards and Practices Commission consisting of thirteen members appointed by the Governor with the advice and consent of a majority of the members elected to the Senate. (b) The term of office of members of the commission shall be three years [except that:], with members serving fixed and staggered terms so that in the first two of every three years, the terms of four members expire, and in the third of every three years, the terms of five members expire. 71

72 [(1) the terms of office of four members appointed in the calendar year 2000 shall expire on the third Tuesday of January 2001; (2) the terms of office of four members appointed in the calendar year 2000 shall expire on the third Tuesday of January 2002; and (3) the terms of office of five members appointed in the calendar year 2000 shall expire on the third Tuesday of January 2003.] (c) Vacancies shall be filled for an unexpired term in the same manner as original appointments. No person shall serve for more than two consecutive terms as a member of the commission; however, members may continue to serve after the expiration of their term until a replacement appointed by the Governor is confirmed. The Governor may remove any member from the commission for misconduct or malfeasance in office, incapacity, or neglect of duty. All members of the commission shall be residents of the Commonwealth of Pennsylvania. Section 4. Membership and Qualifications.--(a) The membership of the Professional Standards and Practices Commission shall consist of: (1) [Seven classroom teachers, including one educational specialist, broadly representative of the teaching profession from public schools] Six classroom teachers broadly representative of the education profession, with not more than one from a school entity other than a public school. (2) Three administrators from [public schools] a school entity, at least one of whom shall be a commissioned officer and one a principal, with not more than one from a school entity other than a public school. (3) One administrator from an approved institution of higher learning in the Commonwealth offering approved teacher education programs. (4) Two members from the general public, at least one of whom shall be an elected public school director. (5) One educational specialist. (b) Except for the representatives of the general public, the Governor in making appointments shall consider recommendations from panels of nominees submitted by Statewide educational organizations [of professional educators] which certify that the panels include only representatives of the category of professional personnel for which the panel or panels of nominees are submitted. However, the Governor shall not be limited to nominating members of Statewide organizations for appointments to the commission. (c) All members of the commission except the persons representing the general public shall have been actively engaged in teaching or providing related educational, administrative or supervisory services in a [public school] school entity or approved institution of higher education with approved teacher 72

73 education programs for at least five of the eight years immediately preceding their appointment. A person appointed to the commission who leaves the Commonwealth to become domiciled in another state shall have his position on the commission deemed vacated. A person whose status changes to a category different from that for which that person was appointed may continue to serve on the commission for the remainder of that person's appointment or until replaced. (d) The chairman of the State Board [of Education], or a member of the [board] State Board designated by the chairman, shall be an ex officio member of the commission without voting privileges. (e) The members of the commission, employes of the commission and agents of the commission shall in all of their deliberations consider the public interest, including ensuring the health, safety and welfare of students or other individuals in school entities. Section 5. Power and Duties.--(a) The Professional Standards and Practices Commission shall have the power and its duty shall be: (1) To recommend to the State Board [of Education] rules and regulations defining positions for which certification should be required and criteria to determine qualifications, consistent with this act, necessary to hold such a certificate. (2) To recommend to the State Board [of Education] rules and regulations providing for making a certificate permanent upon evidence of such teaching experience and additional preparation as may by rule be required. (3) To recommend to the State Board [of Education] rules and regulations providing for [the Department of Education] the department's investigation and determination of the acceptability of programs of professional education in colleges and universities of this Commonwealth issuing degrees to persons who may desire to teach in the schools of this Commonwealth. The commission may recommend as its own, with or without modification, standards used by other organizations engaged in the evaluation of teacher preparation programs. In [establishing] recommending standards pursuant to this clause, the commission shall consider, among other factors, the following: (i) Ongoing research and developing theories in education. (ii) The knowledge and skills necessary to effectively perform professional education functions. (iii) The liberal arts and general education requirements that are the foundation of a teacher preparation program. (iv) The value of student [teacher] teaching, laboratory work and other professional experience as preparation for certification. (v) The cultural and demographic diversity of relevant student populations. 73

74 (vi) Other interests of the public. The commission shall assess the effectiveness of educator preparation programs and recommend changes to the State Board [of Education] as indicated by such evaluations. (4) To recommend to the State Board [of Education] changes in teacher education programs based on commission conducted assessments of these programs. (5) To recommend to the State Board [of Education] rules and regulations providing for acceptance or approval of certificates to teach issued by other states, countries and bodies. (6) To recommend to the State Board [of Education] rules and regulations providing for the department to enter into agreements with agencies of other states for reciprocal approval of teacher preparation programs. (7) To recommend to the State Board [of Education] rules and regulations governing examinations for the initial certification of teachers. (8) To cooperate with a national board for professional education certification recognized by the commission to such degree as, in the commission's judgment, shall bring advantage to the Commonwealth. (9) To establish procedures for [conducting hearings pursuant to section 13 and for hearings regarding reinstatement of certificates] the commission's adjudication of educator misconduct and applications for reinstatement and for conducting public hearings, including the imposition of fines and fees. (9.1) To adopt requirements regarding the submission of reports by the department on the processing of complaints in order to ensure the timely and effective resolution of complaints. (10) To adopt and maintain a code for professional practice and conduct that shall be applicable to any educator as defined in this act, pursuant to the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law. Nothing in the code for professional practice and conduct shall be an independent basis for [the suspension or revocation of a certificate] discipline other than a public or private reprimand, nor shall it pertain to questions of membership or affiliation or nonaffiliation in an employe organization, or participation in the actions of an employe organization, or participation or nonparticipation in the actions of an employe organization related to the negotiation of a collective bargaining agreement, a strike or other work stoppage as defined under the act of July 23, 1970 (P.L.563, No.195), known as the "Public Employe Relations [Act," provided that the code may specify those sections the violation of which may constitute a basis for reprimand.] Act." [(11) To discipline any professional educator or charter school staff member found guilty upon hearings before the commission of immorality, incompetency, intemperance, cruelty or 74

75 negligence or for violation of any provision of the act of May 29, 1931 (P.L.210, No.126), entitled, as amended, "An act to regulate the certification and the registration of persons qualified to teach in accredited elementary and secondary schools in this State; imposing certain duties upon the Department of Public Instruction and the State Board of Education; defining violations; providing penalties, and for appeal to the court of common pleas of Dauphin County." The commission shall establish definitions consistent with this clause.] (11.1) To direct the department to [suspend or revoke the certificate of a professional educator or charter school staff member] discipline any educator in accordance with section 9.2, 9.3, 9.4 or 9.5. (11.2) To impose supplemental sanctions or other conditions, corrective action, fines, costs or fees for violations of this act or for reinstatement, including requiring an educator, at the educator's own expense, to submit to the evaluation or care, counseling or treatment of a physician, psychologist, therapist or psychiatrist as designated by the commission or enter an impaired educator program or similar program approved by the commission. (11.3) To issue subpoenas in accordance with procedures set forth in this act. (12) To establish procedures which assure that actions concerning discipline and reinstatement of [professional] educators shall comply with due process requirements. (12.1) To establish and participate in alternative dispute resolution programs to allow for flexibility, early resolution and cooperation in resolving charges filed under section 13. (12.2) To develop outreach programs, professional development and courses designed to improve the quality of practice and ethical conduct in the teaching profession. (13) To keep minutes of its meetings and report annually to the Governor, the General Assembly, the State Board [of Education], the education profession and the public and to publish, from time to time, such other reports as it deems appropriate. (14) To adopt, pursuant to the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law, operating and procedural rules and regulations necessary to carry out the purposes of this act. The commission shall hold public hearings and take testimony concerning proposed recommendations which shall be presented to the State Board [of Education]. (a.1) Nothing in this act shall be construed to prevent organizations of the education profession from adopting measures designed to improve the standards and practices of ethics and academic freedom among their members and in their relationships with other persons and groups. 75

76 (b) All teachers' certificates in force in this Commonwealth on [the effective date of this amendatory act] February 17, 2001, shall continue in full force and effect, subject to all the terms and conditions under which they were issued, until they expire by virtue of their own limitations, unless they are sooner annulled for the reasons and in the manner provided by law. (c) Recommendations as outlined in subsection (a) shall be presented publicly at a scheduled State Board [of Education] meeting. This presentation shall be prior to any board action on regulations, standards or guidelines affecting teacher certification, professional practices, accreditation of teacher education programs and long range plans. Section 6. Organization and Meetings of the Commission.-- (a) The Governor shall annually select a chairman from among the membership of the commission. The chairman, or a commission member designated by the chairman, shall be an ex officio member of the State Board [of Education] without voting privileges or assignment to either council. (b) Meetings shall be held at least five times per year at the call of the chairman or upon request in writing of a majority of the commission. A majority shall constitute a quorum and a majority of such quorum shall have authority to act upon any matter properly before the commission unless otherwise specified in this act. [In the case of the discipline of an administrator, the commission shall act by a majority vote of a special panel of at least nine members selected by the chairman, to include no more than three teachers. The first meeting of the commission shall be held within six months of the effective date of this act.] Meetings of the commission shall be open to the public and the executive director of the commission shall be responsible for seeing that notices of meetings of the commission are properly circulated. Section 4. Sections 7 and 8 of the act, amended December 14, 1989 (P.L.612, No.71), are amended to read: Section 7. Expenses.--Members of the commission shall receive no compensation for their services, but shall be reimbursed for their actual and necessary expenses incurred in the performance of official commission business. A member of the commission, who is an employe of an agency of the Commonwealth, or any of its political subdivisions [including school districts], or of a school entity, shall be permitted to attend commission meetings and perform other commission duties without loss of income or other benefits. A State agency or any political subdivision of this Commonwealth, including a school entity, required to employ a substitute for a member of the commission who is absent from his employment while performing commission business shall be reimbursed by the [Department of Education] department from funds appropriated for the general government operations of the [Department of Education] 76

77 department for the actual amount of any costs incurred upon presentation of a request for reimbursement and documentation of such cost. A member of the commission who is employed by a private employer shall be reimbursed by the [Department of Education] department, from funds appropriated for the general government operations of the [Department of Education] department, for any income lost, pursuant to guidelines established by the commission, as a result of attendance at commission meetings or performance of other official commission duties upon presentation of a request for reimbursement and documentation of such loss. Section 8. Commission Staff.--(a) There shall be an executive director of the commission who shall serve as the executive officer and secretary of the commission. The commission and the secretary shall jointly employ and fix the compensation of the executive director. The executive director, with approval of the commission and the secretary, may employ additional professional and clerical personnel as may be necessary to carry out the duties and responsibilities of the commission. The [Department of Education] department shall provide adequate space and equipment to facilitate the activities of the commission. (b) The Governor, through his General Counsel, shall provide such legal advice and assistance as the commission may require. Section 5. Sections 9, 9.1 and 9.2 of the act, amended or added December 20, 2000 (P.L.918, No.123), are amended to read: Section 9. Complaints and Department Investigations.-- (a) [A proceeding to discipline a professional educator shall be initiated by the filing of a complaint with the department by any interested party within one year from the date of the occurrence of any alleged action specified under section 5(a)(11), or from the date of its discovery. Complaints involving sexual abuse or exploitation of a child or a student may be filed beyond the date of the alleged occurrence or date of its discovery up until five years after the child or student reaches 18 years of age. If the alleged action is of a continuing nature, the date of its occurrence is the last date on which the conduct occurred.] The filing of a written educator misconduct complaint with the department will initiate the department's review and investigation of an educator. (b) For purposes of this act, the department may file an educator misconduct complaint. (c) The department may by regulation prescribe standards for the filing of complaints. The complaint shall, at a minimum: (1) be in a written form prescribed by the department; (2) specify the nature and character of the [charges] allegations of misconduct; and (3) be verified [under oath by the complaining party] by the complainant or a duly authorized agent of the [complaining party] complainant and made subject to the penalties of 18 77

78 Pa.C.S (relating to unsworn falsification to authorities). (d) The commission[, and its individual members,] may not file a complaint [or initiate a disciplinary proceeding on their own motion, except that if, in]. If an individual commissioner in his or her personal capacity or in the performance of [commission business, the commission, or any of its individual members,] his or her professional responsibilities as an employe of a school entity uncovers evidence of educator misconduct that would appear to [require discipline, the commission may transmit such evidence to the department where such evidence will be treated as] warrant discipline under this act, the individual commissioner may file a complaint in accordance with the provisions of this act. [(f)] (e) Upon receipt of a complaint, the department shall promptly review it and all other complaints and information relating to the [professional] educator. (1) If the facts alleged are not legally sufficient to warrant discipline under this act, the department shall dismiss the complaint and provide written notice of such dismissal to the [complaining party and to the affected professional] complainant and to the educator. (2) If the facts alleged are deemed legally sufficient to warrant discipline[, the department shall notify the affected professional educator and the complaining party in writing of the sufficiency of the complaint and] under this act, the department shall provide written notice of the legal sufficiency of the complaint to the educator, the current and former school entity in which the educator is or was employed and the complainant. (2.1) If the facts alleged are deemed legally sufficient to warrant discipline, the department may conduct a preliminary investigation to determine whether there is probable cause to believe that grounds for discipline exist. The department shall be provided, upon request to the complainant, the educator and the current and former school entity in which the educator is or was employed, any [documents] relevant information and documentary and physical evidence it may reasonably require in pursuit of its preliminary investigation. [Such request shall be made in writing to the professional educator or the current or prior employer.] (3) If the department determines that probable cause does not exist, [it shall issue a written notice to the affected professional educator, the complaining party and the current or prior employer if the employer was notified of the complaint. If a finding of probable cause is made, the department shall so notify the affected professional educator and the complaining party and may immediately conduct an investigation pursuant to section 12 or transmit its preliminary findings to the local school governing board of the school entity in which the 78

79 affected professional educator is or was last serving, to allow the local school board to investigate and comment upon the appropriateness of professional discipline.] the department shall dismiss the complaint and provide a written notice of such dismissal to the educator, the complainant and the current and former school entity in which the educator is or was employed. (4) If the department determines that probable cause exists, the department shall provide written notice to the educator, the complainant and the current and former school entity in which the educator is or was employed and may immediately conduct an investigation, which may include directing the school entity to investigate and comment upon the appropriateness of professional discipline in accordance with section 11. (f) In conducting its investigations under this act, the department may investigate any and all allegations of misconduct in the complaint or complaints and any other misconduct concerning the educator that is discovered in the course of the investigations. Section 9.1. [Reporting to Department] Mandatory Reporting.- -(a) The [superintendent, assistant superintendent, executive director of an intermediate unit, chief administrator of an area vocational-technical school, administrator of a charter school or their designees shall report any] chief school administrator or his designee shall file all of the following [to] information with the department in writing on a form prescribed by the department: (1) [The dismissal of a certificated employe] Any educator who has been provided with notice of intent to dismiss or remove for cause, notice of nonrenewal for cause, notice of removal from eligibility lists for cause or notice of a determination not to reemploy for cause. The report shall be filed within [30] 15 days after [an administrative decision by an arbitrator or the local board of school directors] notice is provided by a school entity. (2) [Conduct that has resulted in a criminal indictment or conviction for a crime set forth in section 111(e)(1) through (3) of the act of March 10, 1949 (P.L.30, No.14), known as the "Public School Code of 1949," or other crime that involves moral turpitude. The report shall be filed within 30 days of the receipt of information and shall include all available information relating to the conduct resulting in the charge or conviction.] Any educator who has been arrested or indicted for or convicted of any crime that is graded a misdemeanor or felony. For purposes of this section, the term conviction shall include a plea of guilty or nolo contendere. The report shall be filed within 15 days of discovery of the indictment, arrest or conviction. (3) [Information which constitutes reasonable cause to believe that a certificated employe has caused physical injury to a student or child as a result of negligence or malice or 79

80 has] Any educator against whom allegations have been made that the educator has: (i) committed sexual abuse or exploitation involving a child or student [or child.]; or (ii) engaged in sexual misconduct with a child or student. The report shall be filed within [60] 15 days of the [receipt of the information.] discovery of the allegations of misconduct. (3.1) Information which constitutes reasonable cause to suspect that an educator has caused physical injury to a child or student as a result of negligence or malice. The report shall be filed within 15 days of the discovery of the information. (4) Any educator who has resigned, retired or otherwise separated from employment after a school entity has received information of alleged misconduct under this act. The report shall be filed within 15 days of the separation from employment, notwithstanding any termination agreement to the contrary that the school entity may enter into with the educator. (5) Any educator who is the subject of a report filed by the school entity under the reporting requirements of 23 Pa.C.S. Ch. 63 (relating to child protective services). The report shall be filed within 15 days of the filing of the child protective services report. (6) Any educator who the school entity knows to have been named as the perpetrator of an indicated or founded report of child abuse or named as an individual responsible for injury or abuse in an indicated or founded report for a school employe under 23 Pa.C.S. Ch. 63. The report shall be filed within 15 days of discovery of the child protective services report. [(b) The superintendent, assistant superintendent, executive director of an intermediate unit, chief administrator of an area vocational-technical school and administrator of a charter school or their designees shall comply with the provisions of subsection (a). Failure to comply shall be deemed a violation of subsection (a) by the chief school administrator of that school entity and may result in disciplinary action against the chief school administrator.] (c) An educator who is arrested or indicted for or convicted of any crime enumerated under section 111(e) and (f.1) of the act of March 10, 1949 (P.L.30, No.14), known as the "Public School Code of 1949," shall report the indictment, arrest or conviction to the school entity at which the educator is currently employed within 72 hours of the indictment or conviction. (d) An educator who knows of any action, inaction or conduct which constitutes sexual abuse or exploitation or sexual misconduct under this act shall file a mandatory report with the department and shall report such misconduct to his or her chief school administrator and immediate supervisor. The report shall be filed within 15 days of the discovery of the sexual abuse or exploitation or sexual misconduct. 80

81 (e) All reports submitted to the department shall include an inventory of all information and documentary and physical evidence in possession or control of the school entity relating to the misconduct resulting in the report and the name and contact information for the current custodian of the items listed in the inventory. The school entity shall provide promptly to the department any documents or items requested after the department reviews the inventory. Section 9.2. [Imposition of Discipline.--] Discipline for Criminal Offenses.--(a) The commission shall [do all of the following regarding suspension or revocation of a professional certificate]: (1) Direct the department to immediately suspend the certificate [of a professional] and employment eligibility of an educator indicted for a crime set forth in section 111(e)(1) through (3) of the act of March 10, 1949 (P.L.30, No.14), known as the "Public School Code of 1949," or the attempt, solicitation or conspiracy to commit any crime set forth in that section if the commission, after notice and hearing if requested, determines that the [professional] educator poses a threat to the health, safety or welfare of [a student] students or other [individual in a school] persons in the schools of this Commonwealth in accordance with the following: (i) Within 15 days of [the receipt] service of notice of charges issued by the department, the [professional] educator may request a hearing before the commission on the question of whether the certification or employment eligibility should be immediately suspended. The commission or a [committee] panel of members of the commission shall hold a hearing within [15] 30 days of the receipt of the request for hearing. If the educator fails to request a hearing, the commission or a panel of members of the commission promptly shall convene a meeting to consider the request for immediate suspension. The commission or [committee] panel shall issue a decision within 20 days after the conclusion of the meeting or hearing, including receipt of the transcript or filing of any briefs. The [professional] educator may appeal the decision of the commission pursuant to section [15] 15(a), except that an appeal filed shall not operate as a stay of the discipline. (ii) The commission may elect not to direct the department to suspend the certificate [of a professional] and employment eligibility of any educator indicted for a crime under this subsection if the [professional] educator files an affidavit attesting that during the pendency of the criminal [charge the professional] proceeding the educator will not be employed in a position that requires [professional] certification or involves direct contact with children or students. The commission shall not accept an affidavit when the allegations that form the basis of the criminal proceeding involve sexual misconduct or sexual abuse or exploitation of a child or student. 81

82 (iii) The commission shall direct the department to immediately lift a suspension upon receipt of certified court documents establishing that the charges have been dismissed or otherwise removed. (iv) [The commission may reinstate the certificate of a professional] Upon petition by the educator, the commission may direct the department to reinstate the certificate and employment eligibility of an educator suspended under this paragraph or release the [professional] educator from an affidavit under subparagraph (ii) if the [professional educator participates in] educator is admitted into an accelerated rehabilitative disposition program as a result of the indictment and the commission determines that the [professional] educator does not pose a threat to the health, safety or welfare of students or other individuals in a school. The commission shall conduct an expedited hearing, if requested, for an applicant for reinstatement or release under this subparagraph. Notwithstanding the provisions of this subparagraph, an applicant shall not be reinstated if the indictment was for an offense under 18 Pa.C.S. Ch. 31 (relating to sexual offenses) [where the victim is a minor.] prior to successful completion of the accelerated rehabilitative disposition program and dismissal of the criminal charges. (2) Direct the department to revoke the certificate [of a professional] and employment eligibility of an educator who has been convicted of a crime set forth in section 111(e)(1) through (3) of the "Public School Code of 1949," [or] a crime involving moral turpitude, [or an equivalent crime in Federal court or a court of another state, territory or nation,] or the attempt, solicitation or conspiracy to commit any crime set forth in this section upon the filing of a certified copy of the verdict or judgment or sentence of the court with the commission. The commission shall direct the department to immediately reinstate a certificate and employment eligibility upon receipt of certified court documents establishing that the conviction was reversed [on appeal]. For purposes of this paragraph, the term "conviction" shall include a plea of guilty or nolo contendere. [(3) Direct the department to discipline a professional educator upon receipt of a certified copy of an adjudication from the appropriate licensing authority in another state, territory or nation imposing discipline for grounds, other than a conviction under paragraph (2), that are comparable to grounds for discipline under this act. Upon receipt of the adjudication, the commission shall issue an order directing that the professional educator show cause why the imposition of identical or comparable discipline in this Commonwealth would be unwarranted. The professional educator shall respond within 30 days of receipt of the order. The final adjudication by an appropriate licensing authority of another jurisdiction shall be conclusive as to the misconduct of a professional educator under 82

83 this act. Within 30 days after the time alloted for the professional educator to respond to the order to show cause, the commission may impose the identical or comparable discipline unless the professional educator demonstrates that: (i) the discipline would result in a grave injustice; (ii) the discipline is substantially different from what would have been imposed for similar conduct in this Commonwealth; or (iii) the procedure used in the other jurisdiction did not provide due process. (4) Direct reinstatement of a certificate revoked, suspended or surrendered in lieu of discipline in accordance with this act.] (b) Nothing in this section shall be construed to prevent the department from pursuing discipline under this act against any educator who has been acquitted, who has participated in an alternative disposition program or for whom the criminal charges were otherwise withdrawn or dismissed. Section 6. The act is amended by adding sections to read: Section 9.3. Imposition of Discipline on Additional Grounds.--(a) The commission shall direct the department to impose discipline against any educator for conduct found by the commission to constitute: (1) Immorality. (2) Incompetency. (3) Intemperance. (4) Cruelty. (5) Negligence. (6) Sexual misconduct. (7) Sexual abuse or exploitation. (8) A violation of the code for professional practice and conduct adopted pursuant to section 5(a)(10). (9) Illegal use of professional title as set forth in the act of May 29, 1931 (P.L.210, No.126), entitled "An act to regulate the certification and the registration of persons qualified to teach in accredited elementary and secondary schools in this State; imposing certain duties upon the Department of Public Instruction and the State Board of Education; defining violations; providing penalties, and for appeal to the court of common pleas of Dauphin County." (10) Failure to comply with duties under this act, including the mandatory reporting duties set forth in section 9.1. (11) Actions taken by an educator to threaten, coerce or discriminate or otherwise retaliate against an individual who in good faith reports actual or suspected misconduct under this act or against complainants, victims, witnesses or other individuals participating or cooperating in proceedings under this act. (b) The commission shall establish definitions consistent with this section. 83

84 Section 9.4. Imposition of Discipline on Founded Reports.-- (a) Notwithstanding any provision of 23 Pa.C.S. Ch. 63 (relating to child protective services), the commission shall: (1) Direct the department to revoke the certificate and employment eligibility of an educator who is named as the perpetrator of a founded report of child abuse or named as an individual responsible for injury or abuse in a founded report for a school employe under 23 Pa.C.S. Ch. 63 upon receipt of documentation verifying the founded report. (2) Direct the department to immediately reinstate a certificate and employment eligibility upon receipt of a certified document establishing that a founded report of child abuse or founded report for a school employe was reversed or determined to be unfounded. (b) Nothing in this section shall be construed to prevent the department from pursuing discipline under this act against any educator for whom a founded report of child abuse or founded report for a school employe was reversed or determined to be unfounded. Section 9.5. Reciprocal Discipline.--(a) Upon receipt of a certified copy of an adjudication from the appropriate licensing authority in another state, territory or nation imposing discipline for grounds that are comparable to the grounds for discipline under this act, the department may issue an order directing that the educator show cause why the imposition of identical or comparable discipline in this Commonwealth would be unwarranted. The final adjudication by an appropriate licensing authority of another jurisdiction shall be conclusive as to the misconduct of an educator under this section. The educator shall respond within 30 days of service of the order to show cause. The commission may direct the department to impose the identical or comparable discipline unless the educator demonstrates that: (1) the discipline would result in a grave injustice; (2) the discipline is substantially different from what would have been imposed for similar conduct in this Commonwealth; or (3) the procedure used in the other jurisdiction did not provide due process. (b) Nothing in this section shall be construed to prevent the department from pursuing discipline against any educator disciplined in another state, territory or nation under other sections of this act. Section 9.6. Unavailability of Certain Defense and Mitigating Factor.--The consent of a child or a student to engage in sexual misconduct or sexual abuse or exploitation may not be a defense or a mitigating factor in any discipline proceeding under this act. Section 7. Section 10 of the act, amended December 20, 2000 (P.L.918, No.123), is repealed: 84

85 [Section 10. Confidentiality.--(a) All information relating to any complaints, including the identity of the complainant, or any proceedings relating to or resulting from such complaints, shall remain confidential, unless or until discipline, other than a private reprimand, is ordered, any provision of law to the contrary notwithstanding. Should proceedings, after all appeals, result in discipline, other than private reprimand, such discipline and all records pertaining thereto shall become public. There shall be no ex-parte communication on any pending matter regarding discipline. (b) This section shall not prohibit any person from disclosing information previously made public as a result of action by a school entity to dismiss a certified employe for cause or as a result of a certified employe having been formally charged with or convicted of a crime of moral turpitude or another offense requiring mandatory revocation of a certificate. (c) The provisions of this section shall not apply to reinstatements. (d) Nothing in this section shall be construed to deny a professional educator access to information necessary to prepare a defense in a disciplinary proceeding under this act.] Section 8. Sections 11, 12, 13, 14, 15 and 16 of the act, amended December 20, 2000 (P.L.918, No.123), are amended to read: Section 11. Duties of [Local School Board Officials] School Entities.--(a) Upon receipt of [the preliminary findings] notification in writing from the department, a [local school board shall investigate] school entity shall investigate the allegations of misconduct as directed by the department and may pursue the local disciplinary procedures established by law or by collective bargaining agreement for adjudication of complaints against [professional educators. The local school board shall inform the department within 90 days of receipt of the preliminary findings whether the local school board will pursue disciplinary action and whether the board believes that professional disciplinary action by the commission is warranted] an educator. (b) [The school board, when its local investigation is completed, may make a definite] Within 90 days of receipt of the written notification from the department directing the school entity to conduct an investigation, the school entity shall inform the department of the outcome of its investigation and whether it will pursue local employment action and may make a recommendation concerning discipline[. The school board shall notify the affected professional educator of any such recommendation and shall provide to the department] under this act. The department, upon request by a school entity, may extend the 90-day reporting period. In reporting the outcome of its investigation, the school entity shall provide the department with: 85

86 (1) Its findings [and], a summary of the evidence gathered and an inventory of all documentary and physical evidence related to the allegations of misconduct and the name and contact information for the current custodian of items listed in the inventory. (2) Any other relevant information which the department may request, including information related to individuals interviewed by the [local school board.] school entity. (b.1) If the school entity makes a recommendation concerning discipline, it shall notify the educator of such recommendation. (c) A school [district, intermediate unit, area vocationaltechnical school or charter school,] entity and any official or employe thereof[,] shall cooperate with the department during [all stages of the disciplinary process.] its review, investigation or prosecution and promptly shall provide the department with any relevant information and documentary and physical evidence that the department may reasonably request. (d) When the department receives information at any time during the course of its review, investigation or prosecution of misconduct that the educator is currently employed by a school entity not previously notified under this act, the department shall notify the school entity of the complaint, investigation and charges so that the school entity may exercise its duties and rights under this act. (e) A school entity is prohibited from entering into any agreement with an educator or educator association whereby a school entity agrees not to comply with its mandatory reporting duties or other duties outlined in this act. Any agreement or provision of an agreement contrary to this subsection is void and unenforceable. Section 12. Department Action After Investigation.--After completion of [an] a preliminary or full investigation, the department may dismiss the [charges] complaint, determine that appropriate and sufficient punishment has been imposed by the [local school board, or initiate hearing procedures] school entity, participate in alternative dispute resolution process, enter into a written settlement agreement with the educator or initiate the formal adjudicatory hearing process with the filing of charges with the commission. If the complaint is dismissed or [it is determined that appropriate and sufficient punishment has been imposed by the local school board] otherwise resolved without the filing of charges with the commission, the department shall inform the [professional] educator, the complainant and the [local school board of the determination] school entity of its resolution of the complaint. Section 13. Hearing.--(a) Upon determination to initiate [hearing procedures] the formal adjudicatory hearing process, the department shall[,] within 30 days[,] send a written notice to the [affected professional] educator advising of the charges and of his right to request a hearing within 30 days of 86

87 [receipt] service of such notice. A copy of the written notice of the charges shall be served upon the [professional educator's current or prior employer] current and former school entity in which the educator is or was employed. The notice of charges shall set forth all acts or omissions which the department asserts constitute misconduct and warrant discipline, which need not be limited to the allegations in the complaint or complaints, and may include allegations of misconduct that were discovered in the course of the department's investigation of a complaint or complaints. (b) Notwithstanding any other provision of this act, if the department in its discretion determines that immediate discipline is necessary to protect the health, safety or welfare of students or other persons in the schools of this Commonwealth, it [shall] may request that the commission modify the procedure set forth in this section and schedule an expedited hearing. (c) The hearing shall be held in accordance with the following procedures unless otherwise specified in this act or ordered by the commission: (1) Within [45] 15 days of receiving a request for a hearing, the commission shall appoint a hearing officer from a list of impartial third parties qualified to conduct such hearings. The list shall have been previously agreed upon jointly by the Governor's General Counsel and at least twothirds of the commission, and shall have at least five names which shall be chosen on a rotating basis. (2) The burden of proof shall be on the department, which shall act as prosecutor, to establish by a preponderance of the evidence that grounds for discipline exist. (3) The [professional] educator against whom the [charge is] charges are made shall have the right to be represented by counsel and to present evidence and argument in accordance with rules of procedure promulgated by the commission. (4) [The governing board of the school entity in which the affected professional educator is or was last employed may intervene, for cause shown, in accordance with 1 Pa. Code 35.28] After the filing of charges against an educator with the commission, the current or former school entity in which the educator is or was employed may intervene as of right in the disciplinary proceeding. Admission as an intervener shall not be construed as conferring full party status on the school entity, and interveners are granted no rights which survive discontinuance or resolution of the disciplinary matter before the commission. (5) The hearing shall be closed[, unless the affected professional educator requests that it be open to the public. If the hearing is open, the hearing officer, in his discretion, may close any portion of the hearing for good cause shown. If the hearing is closed,] and only the department, commission members 87

88 and staff, the [affected professional educator and his or her representatives, any intervenors] educator and his or her counsel, any intervener or its counsel, if applicable, and any [material] witnesses shall be permitted to attend. [Students attending school in the district which employs the professional educator shall not be permitted to attend any hearing except as witnesses duly subpoenaed to testify with respect to the charges made.] Where a witness is a child or student, the commission or its hearing officers may in their discretion permit a parent or guardian to be in attendance during the testimony of the child or student. (6) The department may recommend to the hearing officer and commission appropriate discipline. (7) [The hearing officer shall, within 60] Within 90 days after the conclusion of the hearing, [issue a decision concerning whether] receipt of the transcript and submission of written legal memoranda, the hearing officer shall issue a proposed report concerning whether the department has met its burden of establishing that misconduct has occurred and whether discipline should be imposed. [A decision] The proposed report shall include findings of fact and conclusions of law and specify the recommended discipline. Section 14. [Decision] Proposed Report by Hearing Officer.-- (a) The [decision] proposed report of the hearing officer shall [become final unless] be accepted by the commission unless: (1) the [professional] educator or the department files [exceptions or a brief on] exceptions in accordance with 1 Pa. Code (relating to procedure to except to proposed report) and (relating to content and form of briefs on exceptions) within 30 days of the date [of] the [recommended decision.] proposed report was mailed; (2) within 60 days of the date the proposed report was mailed, the commission initiates a review of the proposed report in the absence of exceptions; or (3) within 60 days of the date the proposed report was mailed, the commission reopens the proceeding for the reception of further evidence in accordance with 1 Pa. Code (relating to reopening by agency action). (b) [The commission shall promptly consider] After consideration of exceptions to the hearing officer's [decision. The commission by a majority vote of the full membership] proposed report or further evidence or its review under this section, the commission shall accept, modify or reject the hearing officer's [decision, except that, in the case of discipline of an administrator, all exceptions shall be taken by a special panel of at least nine members of the commission selected by the chairperson, which will include no more than three teachers] proposed report. [(c) Within 45 days after receiving the decision from the hearing officer and the exceptions thereto, the commission shall 88

89 issue a written opinion and order affirming, reversing or modifying the hearing officer's decision and imposing discipline, if any.] Section 15. Appeal.--(a) An order of the commission regarding discipline [of a professional] or reinstatement of an educator may be appealed only by the department or the [professional] educator as an adjudication by a [State] Commonwealth agency in the manner provided by law. (b) An appeal filed under subsection (a) shall operate as a stay of the discipline [until the determination] imposed under this act until the resolution of the appeal, except where: (1) the grounds for discipline include sexual misconduct or sexual abuse or exploitation; (2) the commission's decision to discipline is accompanied by a finding that immediate discipline is necessary to protect the health, safety or welfare of students or other persons in the schools of this Commonwealth; or (3) the discipline imposed is the result of a negotiated settlement between the parties or is imposed under section 9.2. (c) Where the commission's adjudication [is in favor of the professional educator] finds no educator misconduct under this act, the charges pertaining to the disciplinary proceeding shall be expunged from any personal or professional file of the [professional] educator maintained by the department [and/or the local school entity.] and the school entity unless the school entity has taken or is pursuing local disciplinary action against the educator. (d) The commission shall make all adjudications imposing discipline, other than a private reprimand, available on a publicly accessible Internet website and shall cooperate with the department in maintaining a central online registry on a publicly accessible Internet website of charter and cyber charter school staff members and contracted educational provider staff members whose eligibility for employment has been suspended, revoked, surrendered or otherwise disciplined pursuant to this act. Section 16. Reinstatement.--(a) [Any professional] An educator whose certificate [has] or employment eligibility has been suspended, revoked or surrendered may apply to the commission for an order lifting the suspension or reinstating the certificate. The commission shall order the lifting of the suspension or reinstatement if the commission determines it would be just and proper. The commission shall seek and consider recommendations from the department prior to ordering the lifting of the suspension or reinstatement of the certificate and employment eligibility and shall conduct hearings on the application at the request of the [professional] educator in accordance with procedures [of this act] established by the commission in accordance with this act. The commission shall also seek and may consider recommendations from the school 89

90 entity or entities in which the educator was employed at the time of the misconduct. For purposes of determining whether it is just and proper to lift a suspension or reinstate a certificate, the commission may consider: (1) The conduct which resulted in discipline. (2) Other past conduct of the applicant. (3) The applicant's current attitude toward past conduct. (4) Rehabilitation efforts and activities. (4.1) Evidence of compliance with any conditions imposed as part of the discipline. (5) References and letters of support [or] of or in opposition to reinstatement. (b) The commission shall not lift the suspension or reinstate the certificate [of a professional] or employment eligibility of an educator if the suspension or revocation resulted from any of the following: (1) A finding of guilt by the commission for sexual abuse or exploitation. (2) Surrender of a certificate [in lieu of discipline] or employment eligibility for conduct relating to sexual abuse or exploitation. (c) The commission shall not lift the suspension or reinstate the certificate or employment eligibility of [a professional] an educator convicted of an offense [under 18 Pa.C.S. (relating to crimes and offenses)] set forth in section 111(e)(1) through (3) of the act of March 10, 1949 (P.L.30, No.14), known as the "Public School Code of 1949," for the time period set forth in that section. Section 9. Section 17 of the act, amended December 20, 2000 (P.L.918, No.123), is repealed: [Section 17. Unauthorized Release of Information.--(a) Except as otherwise provided in section 10, a member, staff member or employee of the commission, the Department of Education, or any local school entity who releases or gives out information received at a commission meeting or hearing or through any disciplinary proceedings conducted pursuant to this act, without authorization of the commission, is guilty of a misdemeanor of the third degree. (b) Any material witness or his or her representative who releases or gives out information received at a commission meeting or hearing involving disciplinary proceedings, or who releases or gives out information obtained as a result of direct involvement in the investigation of a professional educator or in any disciplinary proceedings conducted pursuant to this act, without authorization of the commission, is guilty of a misdemeanor of the third degree unless this information was known to the material witness or his or her representative prior to that meeting, hearing or investigation.] Section 10. Section 17.1 of the act, added December 20, 2000 (P.L.918, No.123), is amended to read: 90

91 Section Immunity From Liability.--(a) Notwithstanding any other provision of law, no person shall be subject to civil liability for filing a complaint or a report or for providing information to or cooperating with the department or the commission in the course of an investigation or proceeding conducted under this act. [This section shall not apply to malicious action by any person or the provision of false information if the person knew or had reason to know that the information was false.] (b) A school entity which provides information about the professional conduct of a former or current employe to a prospective employer of that employe is immune from civil liability for the disclosure of the information. (c) This section shall not apply to malicious action by any person or school entity or the provision of false information if the person or school entity knew, or had reason to know, that the information was false. Section 11. The act is amended by adding a section to read: Section Confidentiality.--(a) Except as otherwise provided in this act, all information relating to any complaints or any proceedings relating to or resulting from such complaints, including the identity of the complainant, shall remain confidential, unless or until discipline is imposed, other than a private reprimand or a supplemental sanction deemed private by the commission, any provision of law to the contrary notwithstanding unless otherwise specified in this act. All records pertaining to proceedings resulting in public discipline, excluding those records that are privileged or otherwise protected from release, shall become public after the exhaustion of all appeals except where the commission has determined that immediate discipline is necessary. Records pertaining to immediate discipline proceedings are public at the time that the immediate discipline is imposed. (b) Any person who releases or gives out information deemed confidential under this act, without authorization of the commission or as authorized by this act, commits a misdemeanor of the third degree. (c) This section shall not prohibit any person from disclosing information previously made public as a result of action by a school entity to discipline or dismiss an employe for cause or as a result of an employe's having been formally indicted for or convicted of a crime or from disclosing information that was known or available independently of the disciplinary proceeding. (d) The provisions of this section shall not apply to information relating to reinstatements or to proceedings under section 9.2 or 9.5. (e) The commission may order the release of confidential information upon petition of any interested party when it is just and proper. Petitions for release of information deemed 91

92 confidential under this section shall be filed with the commission in accordance with procedures established by the commission. (f) Nothing in this section shall be construed to: (1) Deny an educator access to information necessary to prepare a defense in a disciplinary proceeding under this act. (2) Prevent the department or a school entity from investigating or prosecuting allegations of misconduct. (3) Prevent the commission, the department or a school entity from providing information to or consulting with a law enforcement, child protective services or licensing agency of the Commonwealth or other state or jurisdiction. (4) Prevent a school entity from disclosing information developed in the course of investigations conducted by the school entity whether conducted independently or by direction of the department in any disciplinary proceeding against the educator. (g) An individual contacted in the course of the department's investigation and prosecution shall be subject to the confidentiality provisions of this section. Section 12. Section 18 of the act, amended December 20, 2000 (P.L.918, No.123), is amended to read: Section 18. Commission Proceedings and Procedures.--(a) The commission shall conduct its disciplinary proceedings in accordance with the provisions of this act and Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure), unless otherwise specified in this act; if any inconsistency arises, the provisions of this act shall be controlling. [Any] In all disciplinary proceedings conducted by or on behalf of the commission, the educator is entitled to represent himself or be represented by legal counsel. In all public hearings conducted by the commission, a person is entitled to be heard by the commission in person, in writing, through counsel or through his or her designated representative[,] in accordance with procedures adopted pursuant to this act. The commission shall enter as a matter of record the minutes of each meeting, every vote taken by the commission and every official act of the commission. [(b) In all investigations or disciplinary proceedings, the commission is authorized to issue subpoenas as provided for by law to compel the attendance and testimony of witnesses and the production of books, records, documents and other evidentiary material. A professional educator shall have five days from service to respond to a subpoena.] (c) No commissioner shall vote in any case where: (1) the [professional] educator who is the subject of the proceeding is employed by the same school entity[; or] as the commissioner; (2) the [professional] educator who is the subject of the proceeding is a member of a Statewide [professional] educator 92

93 organization of which the commissioner is an officer, director or employe[.]; (3) the commissioner has filed a misconduct complaint as permitted under this act against the educator; or (4) the commissioner has any personal and independent knowledge of the educator or issues in the case that would compromise the commissioner's ability to make an impartial decision. Section 13. The act is amended by adding sections to read: Section Subpoenas.--(a) The commission or its legal counsel, as its designee, shall have the power: (1) To issue investigatory subpoenas upon petition by the department for purposes of reviewing a complaint and investigating alleged educator misconduct under this act. Notice of the subpoena shall be issued to the educator who is the subject of the complaint or investigation in accordance with bylaws promulgated by the commission. (2) To issue subpoenas after the filing of charges as provided for under the provisions of this act, commission bylaws and 2 Pa.C.S. (relating to administrative law and procedure) to compel the attendance and testimony of witnesses and the production of books, records, documents and other evidentiary material. (b) A subpoena issued under this act shall clearly indicate on its face that the subpoena is issued in connection with a confidential proceeding and a breach of confidentiality by the persons or entity subpoenaed may result in a civil penalty or misdemeanor. Section Disposition of Fees and Fines Collected.--All fees, fines, costs and civil penalties shall be paid into the State Treasury through the department and credited to a restricted receipts account in the General Fund that shall be known as the Professional Educator Discipline Account, which is hereby established. Funds in the account may be utilized to the extent of expenditures incurred by the department and the commission in the implementation of their respective duties under this act. Section 14. This act shall take effect in 60 days. APPROVED--The 18th day of December, A.D TOM CORBETT 93

94 Act 123 of 2013 DOMESTIC RELATIONS CODE (23 PA.C.S.) - SERVICES FOR PREVENTION, INVESTIGATION AND TREATMENT OF CHILD ABUSE AND INVESTIGATION OF REPORTS Act of Dec. 18, 2013, P.L. 1235, No. 123 Cl. 23 Session of 2013 No SB 1116 AN ACT Amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child protective services, further providing for services for prevention, investigation and treatment of child abuse and for investigation of reports. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Sections 6365(b) and (c) and 6368 of Title 23 of the Pennsylvania Consolidated Statutes are amended to read: Services for prevention, investigation and treatment of child abuse. (b) Multidisciplinary review team.--the county agency shall make available among its services a multidisciplinary review team for the prevention, investigation and treatment of child abuse and shall convene the multidisciplinary review team at any time, but not less than annually: (1) To review substantiated cases of child abuse, including responses by the county agency and other agencies providing services to the child. (2) Where appropriate to assist in the development of a family service plan for the child. (c) [Investigative] Multidisciplinary investigative team.--a multidisciplinary investigative team shall be used to coordinate child abuse investigations between county agencies and law enforcement. The county agency and the district attorney shall develop a protocol for the convening of multidisciplinary investigative teams for any case of child abuse by a perpetrator involving crimes against children which are set forth in section 6340(a)(9) and (10) (relating to release of information in confidential reports). The county multidisciplinary investigative team protocol shall include standards and procedures to be used in receiving and referring reports and coordinating investigations of reported cases of child abuse and a system for sharing the information obtained as a result of any 94

95 interview. The protocol shall include any other standards and procedures to avoid duplication of fact-finding efforts and interviews to minimize the trauma to the child. The district attorney shall convene [an] the multidisciplinary investigative team in accordance with the protocol. The multidisciplinary investigative team shall consist of those individuals and agencies responsible for investigating the abuse or for providing services to the child and shall at a minimum include a health care provider, county caseworker and law enforcement official Investigation of reports. [(a) General rule.--upon receipt of each report of suspected child abuse, the county agency shall immediately commence an appropriate investigation and see the child immediately if emergency protective custody is required or has been or shall be taken or if it cannot be determined from the report whether emergency protective custody is needed. Otherwise, the county agency shall commence an appropriate investigation and see the child within 24 hours of receipt of the report. The investigation shall include a determination of the risk of harm to the child or children if they continue to remain in the existing home environment, as well as a determination of the nature, extent and cause of any condition enumerated in the report, any action necessary to provide for the safety of the child or children and the taking of photographic identification of the child or children to be maintained with the file. During the investigation, the county agency shall provide or arrange for services necessary to protect the child while the agency is making a determination pursuant to this section. If the investigation indicates serious physical injury, a medical examination shall be performed on the subject child by a certified medical practitioner. Where there is reasonable cause to suspect there is a history of prior or current abuse, the medical practitioner has the authority to arrange for further medical tests or the county agency has the authority to request further medical tests. The investigation shall include communication with the department's service under section 6332 (relating to establishment of Statewide toll-free telephone number). Prior to interviewing a subject of the report, the county agency shall orally notify the subject who is about to be interviewed of the existence of the report, the subject's rights under 42 Pa.C.S (relating to right to counsel) and 6338 (relating to other basic rights) and the subject's rights pursuant to this chapter in regard to amendment or expungement. Within 72 hours following oral notification to the subject, the county agency shall give written notice to the subject. The notice may be reasonably delayed if notification is likely to threaten the safety of the victim, a nonperpetrator subject or the investigating county agency worker, to cause the perpetrator 95

96 to abscond or to significantly interfere with the conduct of a criminal investigation. However, the written notice must be provided to all subjects prior to the county agency's reaching a finding on the validity of the report. (a.1) Investigation of report concerning child-care service personnel.--upon notification that an investigation involves suspected child abuse perpetrated by child-care service personnel, including a child-care service employee, service provider or administrator, the respective child-care service must immediately implement a plan of supervision or alternative arrangement subject to the county agency's approval for the individual under investigation to ensure the safety of the child and other children who are in the care of the child-care service. Such plan of supervision or alternative arrangement shall be kept on file with the county agency until such time that the investigation is completed. (b) Conditions outside home environment.--the investigation shall determine whether the child is being harmed by factors beyond the control of the parent or other person responsible for the welfare of the child, and, if so determined, the county agency shall promptly take all available steps to remedy and correct these conditions, including, but not limited to, the coordination of social services for the child and the family, or referral of the family to appropriate agencies for the provision of services. (c) Completion of investigations.--the investigation by the county agency to determine whether the report is "founded," "indicated" or "unfounded" and whether to accept the family for service shall be completed within 60 days in all cases. If, due to the particular circumstances of the case, the county agency cannot complete the investigation within 30 days, the particular reasons for the delay shall be described in the child protective service record and available to the department for purposes of determining whether the county agency has strictly followed the provisions of this chapter and whether the county agency is subject to action as authorized by section 6343 (relating to investigating performance of county agency). Where a petition has been filed under 42 Pa.C.S. Ch. 63 (relating to juvenile matters) alleging that the child is a dependent child, the county agency shall make all reasonable efforts to complete the investigation to enable the hearing on the petition to be held as required by 42 Pa.C.S (relating to release or holding of hearing). (d) Referral for investigation.--if the complaint of suspected abuse is determined to be one which cannot be investigated under this chapter because the person accused of the abuse is not a perpetrator within the meaning of section 6303 (relating to definitions) but does suggest the need for investigation, the county agency shall immediately transmit the information to the appropriate authorities, including the 96

97 district attorney, the district attorney's designee or other law enforcement official, in accordance with the county protocols for investigative teams required by section 6365(c) (relating to services for prevention, investigation and treatment of child abuse).] (a) Response to direct reports.--upon receipt of a report of suspected child abuse by a perpetrator from an individual, the county agency shall ensure the safety of the child and any other child in the child's home and immediately contact the department in accordance with the provisions of section 6334 (relating to disposition of complaints received). (b) Response to reports referred to county agency by department.--upon receipt of a report of suspected child abuse from the department, the county agency shall immediately commence an investigation and see the child within the following time frames: (1) Immediately, if: (i) emergency protective custody is required, has been or will be taken; or (ii) it cannot be determined from the report whether emergency protective custody is needed. (2) Within 24 hours of receipt of the report in all other cases. (c) Investigation.--An investigation under this section shall include the following: (1) A determination of the safety of or risk of harm to the child or any other child if each child continues to remain in the existing home environment. (2) A determination of the nature, extent and cause of any condition listed in the report. (3) Any action necessary to provide for the safety of the child or any other child in the child's household. (4) The taking of photographic identification of the child or any other child in the child's household, which shall be maintained in the case file. (5) Communication with the department's service under section 6332 (relating to establishment of Statewide tollfree telephone number). (d) Investigative actions.--during the investigation, all of the following shall apply: (1) The county agency shall provide or arrange for services necessary to protect the child while the agency is making a determination under this section. (2) If the investigation indicates bodily injury, the county agency may require that a medical examination by a certified medical practitioner be performed on the child. (3) Where there is reasonable cause to suspect that there is a history of prior or current abuse, the medical practitioner has the authority to arrange for further medical 97

98 tests or the county agency has the authority to request further medical tests. (4) The investigation shall include interviews with all subjects of the report, including the alleged perpetrator. If a subject of the report is not able to be interviewed or cannot be located, the county agency shall document its reasonable efforts to interview the subject and the reasons for its inability to interview the subject. The interview may be reasonably delayed if notice of the investigation has been delayed pursuant to subsection (i). (e) Investigation concerning a school or child-care service employee.-- (1) Upon notification that an investigation involves suspected child abuse by a school or child-care service employee, including, but not limited to, a service provider, independent contractor or administrator, the school or childcare service shall immediately implement a plan of supervision or alternative arrangement for the individual under investigation to ensure the safety of the child and other children who are in the care of the school or childcare service. (2) The plan of supervision or alternative arrangement shall be approved by the county agency and kept on file with the agency until the investigation is completed. (f) Referral for investigation.--if the complaint of suspected abuse is determined to be one that cannot be investigated under this chapter because the person accused of the abuse is not a perpetrator within the meaning of section 6303 (relating to definitions), but does suggest the need for investigation, the county agency shall immediately transmit the information to the appropriate law enforcement officials in accordance with the county protocols for multidisciplinary investigative teams required under section 6365(c) (relating to services for prevention, investigation and treatment of child abuse). (g) Need for social services.--if the investigation determines that the child is being harmed by factors beyond the control of the parent or other person responsible for the child's welfare, the county agency shall promptly take all steps available to remedy and correct these conditions, including the coordination of social services for the child and the family or referral of the family to appropriate agencies for the provision of services. (h) Notice of investigation.-- (1) Prior to interviewing a subject of a report, the county agency shall orally notify the subject, except for the alleged victim, who is about to be interviewed of the following information: (i) The existence of the report. 98

99 (ii) The subject's rights under 42 Pa.C.S (relating to right to counsel) and 6338 (relating to other basic rights). (iii) The subject's rights pursuant to this chapter in regard to amendment or expungement. (iv) The subject's right to have an attorney present during the interview. (2) Written notice shall be given to the subject within 72 hours following oral notification, unless delayed as provided in subsection (i). (i) Delay of notification.--the notice under subsection (h)(2) may be reasonably delayed, subject to the following: (1) If the notification is likely to: (i) threaten the safety of a victim, a subject of the report who is not a perpetrator or the investigating county agency worker; (ii) cause the perpetrator to abscond; or (iii) significantly interfere with the conduct of a criminal investigation. (2) The written notice shall be provided to all subjects of the report prior to the county agency reaching a finding on the validity of the report. (j) Completion of investigation.--investigations shall be completed in accordance with the following: (1) Investigations to determine whether to accept the family for service and whether a report is founded, indicated or unfounded shall be completed within 60 days in all cases. (2) If, due to the particular circumstances of the case, the county agency cannot complete the investigation within 30 days, the particular reasons for the delay shall be described in the child protective service record and made available to the department for purposes of determining whether either of the following occurred: (i) The county agency strictly followed the provisions of this chapter. (ii) The county agency is subject to action as authorized under section 6343 (relating to investigating performance of county agency). (3) Where a petition has been filed under 42 Pa.C.S. Ch. 63 (relating to juvenile matters) alleging that a child is a dependent child, the county agency shall make all reasonable efforts to complete the investigation to enable the hearing on the petition to be held as required by 42 Pa.C.S (relating to release or holding of hearing). Section 2. This act shall take effect in 90 days. APPROVED--The 18th day of December, A.D TOM CORBETT 99

100 Act 4 of 2014 DOMESTIC RELATIONS CODE (23 PA.C.S.) - MANDATORY REPORTING OF INFANTS BORN AND IDENTIFIED AS BEING AFFECTED BY ILLEGAL SUBSTANCE ABUSE Act of Jan. 22, 2014, P.L. 6, No. 4 Cl. 23 Session of 2014 No SB 29 AN ACT Amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child protective services, further providing for definitions and for mandatory reporting of infants. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section 6303(a) of Title 23 of the Pennsylvania Consolidated Statutes is amended by adding definitions to read: Definitions. (a) General rule.--the following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Health care provider." A licensed hospital or health care facility or person who is licensed, certified or otherwise regulated to provide health care services under the laws of this Commonwealth, including a physician, podiatrist, optometrist, psychologist, physical therapist, certified nurse practitioner, registered nurse, nurse midwife, physician's assistant, chiropractor, dentist, pharmacist or an individual accredited or certified to provide behavioral health services. "Safety assessment." A Commonwealth-approved systematic process that assesses a child's need for protection or services, based on the threat to the safety of the child. Section 2. Section 6386 of Title 23 is amended to read: [Mandatory reporting of infants born and identified as being affected by illegal substance abuse. Health care providers who are involved in the delivery or care of an infant who is born and identified as being affected by illegal substance abuse or as having withdrawal symptoms resulting from prenatal drug exposure shall immediately cause a 100

101 report to be made to the appropriate county agency. The county agency shall provide or arrange for appropriate services for the infant.] Mandatory reporting of children under one year of age. (a) When report to be made.--a health care provider shall immediately make a report or cause a report to be made to the appropriate county agency if the provider is involved in the delivery or care of a child under one year of age who is born and identified as being affected by any of the following: (1) Illegal substance abuse by the child's mother. (2) Withdrawal symptoms resulting from prenatal drug exposure. (3) A Fetal Alcohol Spectrum Disorder. (b) Safety or risk assessment.--the county agency shall perform a safety assessment or risk assessment, or both, for the child and determine whether child protective services or general protective services are warranted. (c) County agency duties.--upon receipt of a report under this section, the county agency for the county where the child resides shall: (1) Immediately ensure the safety of the child and see the child immediately if emergency protective custody is required or has been or shall be taken or if it cannot be determined from the report whether emergency protective custody is needed. (2) Physically see the child within 48 hours of receipt of the report. (3) Contact the parents of the child within 24 hours of receipt of the report. (4) Provide or arrange reasonable services to ensure the child is provided with proper parental care, control and supervision. Section 3. This act shall take effect in 90 days. APPROVED--The 22nd day of January, A.D TOM CORBETT 101

102 Act 27 of 2014 VEHICLE CODE (75 PA.C.S.) - DARE PLATE AND PAYMENTS TO SPECIAL FUNDS Act of Apr. 7, 2014, P.L. 381, No. 27 Cl. 75 Session of 2014 No HB 89 AN ACT Amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for DARE plate and for payments to special funds. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section 1358 of Title 75 of the Pennsylvania Consolidated Statutes is repealed: [ DARE plate. The department, in consultation with the Pennsylvania Commission on Crime and Delinquency, shall design a special drug abuse resistance education (DARE) registration plate which utilizes the DARE logo or slogan in the design. Upon application of any person, accompanied by a fee of $35 which shall be in addition to the annual registration fee, the department shall issue the plate for a passenger car, motor home, trailer or truck with a registered gross weight of not more than 10,000 pounds. The Drug Abuse Resistance Education Program shall receive $15 of each additional fee for this plate.] Section 2. Section 1905(c) of Title 75 is amended to read: Payments to special funds. (c) Drug Abuse Resistance Education Fund.--[Fifteen dollars of each fee received under section 1358 (relating to DARE plate) shall be credited to the Drug Abuse Resistance Education Fund, established as follows: (1) There is hereby established a special account in the State Treasury which shall be known as the Drug Abuse Resistance Education (DARE) Fund. The purpose of the DARE Fund is to provide moneys for an ongoing educational program in public schools to prevent drug abuse, utilizing police agency representatives, school district employees, materials, supplies and other necessary expenses associated with the program. 102

103 (2) All moneys in the DARE Fund are hereby annually appropriated to the Pennsylvania Commission on Crime and Delinquency and may be expended for the purposes authorized under this subsection.] The following shall apply: (1) The Drug Abuse Resistance Education (DARE) Fund shall terminate at the end of the fiscal year. (2) All money in the Drug Abuse Resistance Education (DARE) Fund on the effective date of this paragraph shall be appropriated to the Pennsylvania Commission on Crime and Delinquency and shall be expended to provide grants to children's advocacy centers, as defined in 23 Pa.C.S. 6303(a) (relating to definitions), during fiscal year All money in the Drug Abuse Resistance Education (DARE) Fund on the date of termination shall be transferred to the General Fund. (3) Estimates of amounts to be expended under this subsection shall be submitted to the Governor by the Pennsylvania Commission on Crime and Delinquency for his approval. (4) The State Treasurer shall not honor any requisition for expenditures by the Pennsylvania Commission on Crime and Delinquency in excess of estimates approved by the Governor or in excess of the amount available for the purposes for which the requisition was made, whichever is the lesser amount. Section 3. This act shall take effect in 60 days. APPROVED--The 7th day of April, A.D TOM CORBETT 103

104 Act 56 of 2014 CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - DRUG DELIVERY RESULTING IN DEATH, OFFENSE OF SEXUAL ASSAULT BY SPORTS OFFICIAL, VOLUNTEER OR EMPLOYEE OF NONPROFIT ASSOCIATION AND SENTENCES FOR OFFENSES AGAINST INFANT PERSONS Act of Jun. 18, 2014, P.L. 741, No. 56 Cl. 18 Session of 2014 No HB 112 AN ACT Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in sexual offenses, further providing for drug delivery resulting in death; providing for the offense of sexual assault by sports official, volunteer or employee of nonprofit association; and, in sentencing, further providing for sentences for offenses against infant persons. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section 2506(b) of Title 18 of the Pennsylvania Consolidated Statutes is amended to read: Drug delivery resulting in death. (b) Penalty.-- (1) A person convicted under subsection (a) shall be sentenced to a term of imprisonment which shall be fixed by the court at not more than 40 years. (2) Paragraph (1) shall not apply to a person convicted under section 2502(c) (relating to murder) when the victim is less than 13 years of age and the conduct arises out of the same criminal act. Section 2. Title 18 is amended by adding a section to read: Sexual assault by sports official, volunteer or employee of nonprofit association. (a) Sports official.--except as provided in sections 3121 (relating to rape), (relating to statutory sexual assault), 3123 (relating to involuntary deviate sexual intercourse), (relating to sexual assault) and 3125 (relating to aggravated indecent assault), a person who serves as a sports official in a sports program of a nonprofit association or a for-profit association commits a felony of the third degree when that person engages in sexual intercourse, 104

105 deviate sexual intercourse or indecent contact with a child under 18 years of age who is participating in a sports program of the nonprofit association or for-profit association. (b) Volunteer or employee of nonprofit association.--except as provided in sections 3121, , 3123, and 3125, a volunteer or an employee of a nonprofit association having direct contact with a child under 18 years of age who participates in a program or activity of the nonprofit association commits a felony of the third degree if the volunteer or employee engages in sexual intercourse, deviate sexual intercourse or indecent contact with that child. (c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Direct contact." Care, supervision, guidance or control. "Nonprofit association." As defined in 42 Pa.C.S (relating to manager, coach, umpire or referee and nonprofit association negligence standard). "Sports official." A person who supervises children participating in a sports program of a nonprofit association or a for-profit association, including, but not limited to, a coach, assistant coach, athletic trainer, team attendant, game manager, instructor or a person at a sports program who enforces the rules of a sporting event sponsored by a sports program of a nonprofit association or a for-profit association, including, but not limited to, an umpire or referee, whether receiving remuneration or holding the position as a volunteer. "Sports program." As defined in 42 Pa.C.S Section 3. Section 9718(a) of Title 42 is amended to read: Sentences for offenses against infant persons. (a) Mandatory sentence.-- (1) A person convicted of the following offenses when the victim is [under] less than 16 years of age shall be sentenced to a mandatory term of imprisonment as follows: 18 Pa.C.S. 2702(a)(1) and (4) (relating to aggravated assault) - not less than two years. 18 Pa.C.S. 3121(a)(1), (2), (3), (4) and (5) (relating to rape) - not less than ten years. 18 Pa.C.S (relating to involuntary deviate sexual intercourse) - not less than ten years. 18 Pa.C.S. 3125(a)(1) through (6) (relating to aggravated indecent assault) - not less than five years. (2) A person convicted of the following offenses when the victim is less than 13 years of age shall be sentenced to a mandatory term of imprisonment as follows: 18 Pa.C.S. 2502(c) (relating to murder) - not less than 15 years. 18 Pa.C.S. 2702(a)(1) - not less than five years. (3) A person convicted of the following offenses shall be sentenced to a mandatory term of imprisonment as follows: 105

106 18 Pa.C.S. 3121(c) and (d) - not less than ten years. 18 Pa.C.S. 3125(a)(7) - not less than five years. 18 Pa.C.S. 3125(b) - not less than ten years. Section 4. This act shall take effect in 60 days. APPROVED--The 18th day of June, A.D TOM CORBETT 106

107 HB 316 Act 28 of 2014 ADMINISTRATIVE CODE OF DEPARTMENT OF HEALTH AND CHILDREN'S ADVOCACY CENTERS Act of Apr. 7, 2014, P.L. 383, No. 28 Cl. 35 Session of 2014 No AN ACT Amending the act of April 9, 1929 (P.L.177, No.175), entitled "An act providing for and reorganizing the conduct of the executive and administrative work of the Commonwealth by the Executive Department thereof and the administrative departments, boards, commissions, and officers thereof, including the boards of trustees of State Normal Schools, or Teachers Colleges; abolishing, creating, reorganizing or authorizing the reorganization of certain administrative departments, boards, and commissions; defining the powers and duties of the Governor and other executive and administrative officers, and of the several administrative departments, boards, commissions, and officers; fixing the salaries of the Governor, Lieutenant Governor, and certain other executive and administrative officers; providing for the appointment of certain administrative officers, and of all deputies and other assistants and employes in certain departments, boards, and commissions; and prescribing the manner in which the number and compensation of the deputies and all other assistants and employes of certain departments, boards and commissions shall be determined," in Commonwealth agency fees, further providing for the Department of Health; and providing for children's advocacy centers. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section 609-A(6) of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, added December 23, 2003 (P.L.282, No.47), is amended to read: Section 609-A. Department of Health.--The Department of Health is authorized to charge fees for the following purposes and in the following amounts: (6) Vital statistics: (i) Certified copy of a birth record... [10.00]

108 (ii) Certified copy of a death record Section 2. The act is amended by adding an article to read: ARTICLE XXIII-B CHILDREN'S ADVOCACY CENTERS Section 2301-B. Declaration of policy. The General Assembly finds and declares as follows: (1) State-of-the-art treatment for victims of child sexual abuse and child abuse is provided by children's advocacy centers. These centers bring together doctors, nurses, prosecutors, social workers and police in order to provide a unique and essential program of treatment and healing for child victims. (2) Children's advocacy centers not only treat child victims, but assist in preventing and detecting child abuse and provide, through forensic interviewing and other techniques employed by the multidisciplinary investigative teams, the most effective way to bring perpetrators of child sexual abuse to justice. (3) The Task Force on Child Protection stated in its November 2012 report that the Commonwealth's children are underserved when it comes to access to children's advocacy centers. The Task Force on Child Protection recommended that children's advocacy centers be established in order to allow the maximum number of abused children to be treated. Further, the Task Force on Child Protection recommended that the General Assembly provide a dedicated funding stream to support existing children's advocacy centers and to enable the establishment of additional children's advocacy centers within this Commonwealth. (4) It is in the public interest for this Commonwealth to provide financial assistance to children's advocacy centers, both for their enhancement and establishment, and to multidisciplinary investigative teams. Section 2302-B. Definitions. The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Children's advocacy center." As defined in 23 Pa.C.S (relating to definitions). "Commission." The Pennsylvania Commission on Crime and Delinquency. "Committee." The Child Advocacy Center Advisory Committee established under this article. "Multidisciplinary investigative team." A team established to coordinate child abuse investigations between county agencies and law enforcement as set forth in 23 Pa.C.S. Ch. 63 (relating to child protective services). Section 2303-B. Funding. The following apply: 108

109 (1) The commission shall make grants to qualified applicants as provided in this article for the operation of existing children's advocacy centers and for the establishment of children's advocacy centers, consistent with this article. In awarding grants, the commission shall consider: (i) The number of children to be served. (ii) The geographical area to be serviced. (iii) The scope of the services. (iv) The need for services. (v) The availability of expert pediatric medical and mental health services. (2) The commission shall make grants to qualified applicants for the operation of multidisciplinary investigative teams. Section B. Additional funding. (a) Initial year.--for the fiscal year beginning July 1, 2014, 50% of the fee charged by the Department of Health for a certified copy of a birth record under section 609-A shall be transferred to the Department of Public Welfare for training of mandated reporters of child abuse and child abuse related costs. (b) Subsequent years.--for the fiscal year beginning July 1, 2015, and each fiscal year thereafter, 50% of the fee charged by the Department of Health for a certified copy of a birth record under section 609-A shall be distributed as follows: (1) Twenty-five percent shall be transferred to the Department of Public Welfare for training of mandated reporters of child abuse and child abuse related costs. (2) Seventy-five percent shall be transferred to the commission for grants for child advocacy centers and multidisciplinary investigative teams. (c) Restrictions.--The funding under this section shall not be used to supplant Federal, State or local funds otherwise available for child advocacy centers and multidisciplinary investigative teams. Section 2304-B. Permitted use of funds. (a) Grants to qualified applicants.--funding shall be used to provide resources to qualified applicants as provided in this article. Grants shall be provided to all qualified applicants that apply to the extent that funds are available. However, no more than 20% of the funds collected annually under this article shall be provided to any single qualified applicant. Any remaining funds may be provided to other qualified applicants. (b) Initial award of funds.--for the first three years after the effective date of this article, the commission shall endeavor to provide 30% of the funds collected under this article to qualified applicants working to establish children's advocacy centers in regions not yet served by such centers. Section 2305-B. Procedure. 109

110 In order to be a qualified applicant and to be awarded a grant under this article, the commission must find that either: (1) The applicant is an accredited, associate/developing or affiliate member of the National Children's Alliance. (2) In the case of an applicant that is not a member of the National Children's Alliance: (i) The applicant identifies a region of this Commonwealth it intends to serve. (ii) The applicant has received a letter of endorsement from all of the district attorneys and multidisciplinary investigative teams of the counties which will be served within the region. A district attorney and a multidisciplinary investigative team shall submit a letter jointly. In no case may the commission distribute funds under this article to an applicant which has not been endorsed by all of the district attorneys and multidisciplinary investigative teams of the counties to be served within the region. (iii) The applicant intends to apply for membership in the National Children's Alliance within a reasonable period of time. (iv) The applicant obtains a letter of endorsement from the Pennsylvania Chapter of Children's Advocacy Centers and Multidisciplinary Teams. Section 2306-B. Child Advocacy Center Advisory Committee. (a) Establishment.--The Child Advocacy Center Advisory Committee is established within the commission. (b) Composition.--The committee shall consist of no more than 21 members and be appointed by the chairman of the commission and shall include all of the following: (1) The Victim Advocate. (2) The Deputy Secretary of the Office of Children, Youth and Families of the Department of Public Welfare. (3) Representatives from each of the following, who have experience in the multidisciplinary investigation of child abuse and the use and operation of a child advocacy center: (i) Child advocacy centers. (ii) County children and youth service agencies. (iii) Municipal police departments. (iv) The Pennsylvania State Police. (v) District attorneys offices. (vi) Victims' service providers. (vii) Medical and mental health professionals. (c) Term.--Members shall serve for a four-year term and may be appointed for no more than one additional consecutive term. (d) Conditions of appointment.--the committee and its members shall be subject to the same limitations and conditions imposed upon the commission under section 2(d), (e), (h), (i), (m) and (n) of the act of November 22, 1978 (P.L.1166, No.274), 110

111 referred to as the Pennsylvania Commission on Crime and Delinquency Law. (e) Quorum.--A majority of the members shall constitute a quorum, and a vote of the majority of the members present shall be sufficient for all actions. (f) Chairman.--The Governor shall appoint a chairman from among the members of the committee who shall serve at the pleasure of the Governor. A vice chairman shall be designated by the chairman and preside at meetings in the absence of the chairman. The committee shall meet at the call of the chairman, but not less than four times a year. (g) Powers and duties.--the committee shall have the power, and its duty shall be to: (1) Perform those functions related to the direct approval and disbursement of grants to child advocacy centers and multidisciplinary investigative teams under sections 2303-B and 2304-B in an advisory capacity only. The committee shall have the opportunity to review and comment on grant applications. (2) Advise the commission on the definition, development and correlation of programs and projects and the establishment of priorities for child advocacy centers and multidisciplinary investigative teams. (3) Upon request, provide assistance and advice to the commission on any other matters relating to child advocacy centers and multidisciplinary investigative teams. (h) Staff support.--staff support shall be made available to the committee by the executive director of the commission to adequately perform the duties provided for under this section. Section 3. This act shall take effect July 1, APPROVED--The 7th day of April, A.D TOM CORBETT 111

112 Act 108 of 2013 DOMESTIC RELATIONS CODE (23 PA.C.S.) - EXCLUSIONS FROM CHILD ABUSE, DISPOSITION OF FOUNDED AND INDICATED REPORTS, AMENDMENT OR EXPUNCTION OF INFORMATION, INVESTIGATION OF REPORTS AND EVIDENCE IN COURT PROCEEDINGS Act of Dec. 18, 2013, P.L. 1170, No. 108 Cl. 23 Session of 2013 No HB 726 AN ACT Amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child protective services, further providing for definitions; providing for exclusions from child abuse; and further providing for disposition of founded and indicated reports, for amendment or expunction of information, for investigation of reports and for evidence in court proceedings. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. The definitions of "child," "founded report," "indicated report," "nonaccidental," "recent acts or omissions," "serious physical injury" and "sexual abuse or exploitation" in section 6303(a) of Title 23 of the Pennsylvania Consolidated Statutes are amended, subsection (a) is amended by adding definitions, subsection (b) is amended and the section is amended by adding subsections to read: Definitions. (a) General rule.--the following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Bodily injury." Impairment of physical condition or substantial pain. "Child." [Includes a newborn.] An individual under 18 years of age. "Founded report." [A child abuse report made pursuant to this chapter if there has been any judicial adjudication based on a finding that a child who is a subject of the report has been abused, including the entry of a plea of guilty or nolo contendere or a finding of guilt to a criminal charge involving the same factual circumstances involved in the allegation of child abuse.] A child abuse report involving a perpetrator that 112

113 is made pursuant to this chapter, if any of the following applies: (1) There has been a judicial adjudication based on a finding that a child who is a subject of the report has been abused and the adjudication involves the same factual circumstances involved in the allegation of child abuse. The judicial adjudication may include any of the following: (i) The entry of a plea of guilty or nolo contendere. (ii) A finding of guilt to a criminal charge. (iii) A finding of dependency under 42 Pa.C.S (relating to adjudication) if the court has entered a finding that a child who is the subject of the report has been abused. (iv) A finding of delinquency under 42 Pa.C.S if the court has entered a finding that the child who is the subject of the report has been abused by the child who was found to be delinquent. (2) There has been an acceptance into an accelerated rehabilitative disposition program and the reason for the acceptance involves the same factual circumstances involved in the allegation of child abuse. (3) There has been a consent decree entered in a juvenile proceeding under 42 Pa.C.S. Ch. 63 (relating to juvenile matters), the decree involves the same factual circumstances involved in the allegation of child abuse and the terms and conditions of the allegation include an acknowledgment, admission or finding that a child who is the subject of the report has been abused by the child who is alleged to be delinquent. (4) A final protection from abuse order has been granted under section 6108 (relating to relief), when the child who is a subject of the report is one of the individuals protected under the protection from abuse order and: (i) only one individual is charged with the abuse in the protection from abuse action; (ii) only that individual defends against the charge; (iii) the adjudication involves the same factual circumstances involved in the allegation of child abuse; and (iv) the protection from abuse adjudication finds that the child abuse occurred. "Indicated report." [A child abuse report made pursuant to this chapter if an investigation by the county agency or the Department of Public Welfare determines that substantial evidence of the alleged abuse exists based on any of the following: (1) Available medical evidence. 113

114 (2) The child protective service investigation. (3) An admission of the acts of abuse by the perpetrator.] (1) Subject to paragraphs (2) and (3), a report of child abuse made pursuant to this chapter if an investigation by the Department of Public Welfare or county agency determines that substantial evidence of the alleged abuse by a perpetrator exists based on any of the following: (i) Available medical evidence. (ii) The child protective service investigation. (iii) An admission of the acts of abuse by the perpetrator. (2) A report may be indicated under paragraph (1)(i) or (ii) for any child who is the victim of child abuse, regardless of the number of alleged perpetrators. (3) A report may be indicated under paragraph (1)(i) or (ii) listing the perpetrator as "unknown" if substantial evidence of abuse by a perpetrator exists, but the department or county agency is unable to identify the specific perpetrator. "Intentionally." The term shall have the same meaning as provided in 18 Pa.C.S. 302 (relating to general requirements of culpability). "Knowingly." The term shall have the same meaning as provided in 18 Pa.C.S. 302 (relating to general requirements of culpability). ["Nonaccidental." An injury that is the result of an intentional act that is committed with disregard of a substantial and unjustifiable risk.] "Parent." A biological parent, adoptive parent or legal guardian. "Recent act." Any act committed within two years of the date of the report to the Department of Public Welfare or county agency. "Recent [acts or omissions." Acts or omissions] act or failure to act." Any act or failure to act committed within two years of the date of the report to the Department of Public Welfare or county agency. "Recklessly." The term shall have the same meaning as provided in 18 Pa.C.S. 302 (relating to general requirements of culpability). ["Serious physical injury." An injury that: (1) causes a child severe pain; or (2) significantly impairs a child's physical functioning, either temporarily or permanently.] 114

115 "Serious physical neglect." Any of the following when committed by a perpetrator that endangers a child's life or health, threatens a child's well-being, causes bodily injury or impairs a child's health, development or functioning: (1) A repeated, prolonged or unconscionable egregious failure to supervise a child in a manner that is appropriate considering the child's developmental age and abilities. (2) The failure to provide a child with adequate essentials of life, including food, shelter or medical care. ["Sexual abuse or exploitation." Any of the following: (1) The employment, use, persuasion, inducement, enticement or coercion of a child to engage in or assist another individual to engage in sexually explicit conduct. (2) The employment, use, persuasion, inducement, enticement or coercion of a child to engage in or assist another individual to engage in simulation of sexually explicit conduct for the purpose of producing visual depiction, including photographing, videotaping, computer depicting and filming. (3) Any of the following offenses committed against a child: (i) Rape. (ii) Sexual assault. (iii) Involuntary deviate sexual intercourse. (iv) Aggravated indecent assault. (v) Molestation. (vi) Incest. (vii) Indecent exposure. (viii) Prostitution. (ix) Sexual abuse. (x) Sexual exploitation.] "Sexual abuse or exploitation." Any of the following: (1) The employment, use, persuasion, inducement, enticement or coercion of a child to engage in or assist another individual to engage in sexually explicit conduct, which includes, but is not limited to, the following: (i) Looking at the sexual or other intimate parts of a child or another individual for the purpose of arousing or gratifying sexual desire in any individual. (ii) Participating in sexually explicit conversation either in person, by telephone, by computer or by a computer-aided device for the purpose of sexual stimulation or gratification of any individual. (iii) Actual or simulated sexual activity or nudity for the purpose of sexual stimulation or gratification of any individual. (iv) Actual or simulated sexual activity for the purpose of producing visual depiction, including photographing, videotaping, computer depicting or filming. 115

116 This paragraph does not include consensual activities between a child who is 14 years of age or older and another person who is 14 years of age or older and whose age is within four years of the child's age. (2) Any of the following offenses committed against a child: (i) Rape as defined in 18 Pa.C.S (relating to rape). (ii) Statutory sexual assault as defined in 18 Pa.C.S (relating to statutory sexual assault). (iii) Involuntary deviate sexual intercourse as defined in 18 Pa.C.S (relating to involuntary deviate sexual intercourse). (iv) Sexual assault as defined in 18 Pa.C.S (relating to sexual assault). (v) Institutional sexual assault as defined in 18 Pa.C.S (relating to institutional sexual assault). (vi) Aggravated indecent assault as defined in 18 Pa.C.S (relating to aggravated indecent assault). (vii) Indecent assault as defined in 18 Pa.C.S (relating to indecent assault). (viii) Indecent exposure as defined in 18 Pa.C.S (relating to indecent exposure). (ix) Incest as defined in 18 Pa.C.S (relating to incest). (x) Prostitution as defined in 18 Pa.C.S (relating to prostitution and related offenses). (xi) Sexual abuse as defined in 18 Pa.C.S (relating to sexual abuse of children). (xii) Unlawful contact with a minor as defined in 18 Pa.C.S (relating to unlawful contact with minor). (xiii) Sexual exploitation as defined in 18 Pa.C.S (relating to sexual exploitation of children). [(b) Child abuse.-- (1) The term "child abuse" shall mean any of the following: (i) Any recent act or failure to act by a perpetrator which causes nonaccidental serious physical injury to a child under 18 years of age. (ii) An act or failure to act by a perpetrator which causes nonaccidental serious mental injury to or sexual abuse or sexual exploitation of a child under 18 years of age. (iii) Any recent act, failure to act or series of such acts or failures to act by a perpetrator which creates an imminent risk of serious physical injury to or sexual abuse or sexual exploitation of a child under 18 years of age. 116

117 (iv) Serious physical neglect by a perpetrator constituting prolonged or repeated lack of supervision or the failure to provide essentials of life, including adequate medical care, which endangers a child's life or development or impairs the child's functioning. (2) No child shall be deemed to be physically or mentally abused based on injuries that result solely from environmental factors that are beyond the control of the parent or person responsible for the child's welfare, such as inadequate housing, furnishings, income, clothing and medical care. (3) If, upon investigation, the county agency determines that a child has not been provided needed medical or surgical care because of seriously held religious beliefs of the child's parents, guardian or person responsible for the child's welfare, which beliefs are consistent with those of a bona fide religion, the child shall not be deemed to be physically or mentally abused. The county agency shall closely monitor the child and shall seek court-ordered medical intervention when the lack of medical or surgical care threatens the child's life or long-term health. In cases involving religious circumstances, all correspondence with a subject of the report and the records of the Department of Public Welfare and the county agency shall not reference "child abuse" and shall acknowledge the religious basis for the child's condition, and the family shall be referred for general protective services, if appropriate.] (b.1) Child abuse.--the term "child abuse" shall mean intentionally, knowingly or recklessly doing any of the following: (1) Causing bodily injury to a child through any recent act or failure to act. (2) Fabricating, feigning or intentionally exaggerating or inducing a medical symptom or disease which results in a potentially harmful medical evaluation or treatment to the child through any recent act. (3) Causing or substantially contributing to serious mental injury to a child through any act or failure to act or a series of such acts or failures to act. (4) Causing sexual abuse or exploitation of a child through any act or failure to act. (5) Creating a reasonable likelihood of bodily injury to a child through any recent act or failure to act. (6) Creating a likelihood of sexual abuse or exploitation of a child through any recent act or failure to act. (7) Causing serious physical neglect of a child. (8) Engaging in any of the following recent acts: (i) Kicking, biting, throwing, burning, stabbing or cutting a child in a manner that endangers the child. 117

118 (ii) Unreasonably restraining or confining a child, based on consideration of the method, location or the duration of the restraint or confinement. (iii) Forcefully shaking a child under one year of age. (iv) Forcefully slapping or otherwise striking a child under one year of age. (v) Interfering with the breathing of a child. (vi) Causing a child to be present at a location while a violation of 18 Pa.C.S (relating to operation of methamphetamine laboratory) is occurring, provided that the violation is being investigated by law enforcement. (vii) Leaving a child unsupervised with an individual, other than the child's parent, who the actor knows or reasonably should have known: (A) Is required to register as a Tier II or Tier III sexual offender under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders), where the victim of the sexual offense was under 18 years of age when the crime was committed. (B) Has been determined to be a sexually violent predator under 42 Pa.C.S (relating to assessments) or any of its predecessors. (C) Has been determined to be a sexually violent delinquent child as defined in 42 Pa.C.S (relating to definitions). (9) Causing the death of the child through any act or failure to act. (c) Restatement of culpability.--conduct that causes injury or harm to a child or creates a risk of injury or harm to a child shall not be considered child abuse if there is no evidence that the person acted intentionally, knowingly or recklessly when causing the injury or harm to the child or creating a risk of injury or harm to the child. (d) Child abuse exclusions.--the term "child abuse" does not include any conduct for which an exclusion is provided in section 6304 (relating to exclusions from child abuse). Section 2. Title 23 is amended by adding a section to read: Exclusions from child abuse. (a) Environmental factors.--no child shall be deemed to be physically or mentally abused based on injuries that result solely from environmental factors, such as inadequate housing, furnishings, income, clothing and medical care, that are beyond the control of the parent or person responsible for the child's welfare with whom the child resides. This subsection shall not apply to any child-care service as defined in this chapter, excluding an adoptive parent. (b) Practice of religious beliefs.--if, upon investigation, the county agency determines that a child has not been provided 118

119 needed medical or surgical care because of sincerely held religious beliefs of the child's parents or relative within the third degree of consanguinity and with whom the child resides, which beliefs are consistent with those of a bona fide religion, the child shall not be deemed to be physically or mentally abused. In such cases the following shall apply: (1) The county agency shall closely monitor the child and the child's family and shall seek court-ordered medical intervention when the lack of medical or surgical care threatens the child's life or long-term health. (2) All correspondence with a subject of the report and the records of the department and the county agency shall not reference child abuse and shall acknowledge the religious basis for the child's condition. (3) The family shall be referred for general protective services, if appropriate. (4) This subsection shall not apply if the failure to provide needed medical or surgical care causes the death of the child. (5) This subsection shall not apply to any child-care service as defined in this chapter, excluding an adoptive parent. (c) Use of force for supervision, control and safety purposes.--subject to subsection (d), the use of reasonable force on or against a child by the child's own parent or person responsible for the child's welfare shall not be considered child abuse if any of the following conditions apply: (1) The use of reasonable force constitutes incidental, minor or reasonable physical contact with the child or other actions that are designed to maintain order and control. (2) The use of reasonable force is necessary: (i) to quell a disturbance or remove the child from the scene of a disturbance that threatens physical injury to persons or damage to property; (ii) to prevent the child from self-inflicted physical harm; (iii) for self-defense or the defense of another individual; or (iv) to obtain possession of weapons or other dangerous objects or controlled substances or paraphernalia that are on the child or within the control of the child. (d) Rights of parents.--nothing in this chapter shall be construed to restrict the generally recognized existing rights of parents to use reasonable force on or against their children for the purposes of supervision, control and discipline of their children. Such reasonable force shall not constitute child abuse. (e) Participation in events that involve physical contact with child.--an individual participating in a practice or 119

120 competition in an interscholastic sport, physical education, a recreational activity or an extracurricular activity that involves physical contact with a child does not, in itself, constitute contact that is subject to the reporting requirements of this chapter. (f) Child-on-child contact.-- (1) Harm or injury to a child that results from the act of another child shall not constitute child abuse unless the child who caused the harm or injury is a perpetrator. (2) Notwithstanding paragraph (1), the following shall apply: (i) Acts constituting any of the following crimes against a child shall be subject to the reporting requirements of this chapter: (A) rape as defined in 18 Pa.C.S (relating to rape); (B) involuntary deviate sexual intercourse as defined in 18 Pa.C.S (relating to involuntary deviate sexual intercourse); (C) sexual assault as defined in 18 Pa.C.S (relating to sexual assault); (D) aggravated indecent assault as defined in 18 Pa.C.S (relating to aggravated indecent assault); (E) indecent assault as defined in 18 Pa.C.S (relating to indecent assault); and (F) indecent exposure as defined in 18 Pa.C.S (relating to indecent exposure). (ii) No child shall be deemed to be a perpetrator of child abuse based solely on physical or mental injuries caused to another child in the course of a dispute, fight or scuffle entered into by mutual consent. (iii) A law enforcement official who receives a report of suspected child abuse is not required to make a report to the department under section 6334(a) (relating to disposition of complaints received), if the person allegedly responsible for the child abuse is a nonperpetrator child. (g) Defensive force.--reasonable force for self-defense or the defense of another individual, consistent with the provisions of 18 Pa.C.S. 505 (relating to use of force in self-protection) and 506 (relating to use of force for the protection of other persons), shall not be considered child abuse. Section 3. Section 6338(a) of Title 23 is amended to read: Disposition of founded and indicated reports. (a) General rule.--when a report of suspected child abuse or a report under Subchapter C.1 (relating to students in public and private schools) is determined by the appropriate county agency to be a founded report or an indicated report, the 120

121 information concerning that report of suspected child abuse shall be expunged immediately from the pending complaint file, and an appropriate entry shall be made in the Statewide central register. [Notice of the determination must be given to the subjects of the report, other than the abused child, and to the parent or guardian of the affected child or student along with an explanation of the implications of the determination. Notice given to perpetrators of child abuse and to school employees who are subjects of indicated reports for school employees or founded reports for school employees shall include notice that their ability to obtain employment in a child-care facility or program or a public or private school may be adversely affected by entry of the report in the Statewide central register. The notice shall also inform the recipient of his right, within 45 days after being notified of the status of the report, to appeal an indicated report, and his right to a hearing if the request is denied.] Notice of the determination that a report is a founded, indicated or unfounded report shall be made as provided in section 6368(f) (relating to investigation of reports). Section 4. Section 6341(a), (b) and (c) of Title 23 are amended and the section is amended by adding a subsection to read: Amendment or expunction of information. (a) General rule.--[at any time:] Notwithstanding section (relating to expunction of information of perpetrator who was under 18 years of age when child abuse was committed): (1) [The] At any time, the secretary may amend or expunge any record in the Statewide database under this chapter upon good cause shown and notice to the appropriate subjects of the report. The request shall be in writing in a manner prescribed by the department. For purposes of this paragraph, good cause shall include, but is not limited to, the following: (i) Newly discovered evidence that an indicated report of child abuse is inaccurate or is being maintained in a manner inconsistent with this chapter. (ii) A determination that the perpetrator in an indicated report of abuse no longer represents a risk of child abuse and that no significant public purpose would be served by the continued listing of the person as a perpetrator in the Statewide database. (2) Any person named as a perpetrator, and any school employee named, in an indicated report of child abuse may, within [45] 90 days of being notified of the status of the report, request an administrative review by, or appeal and request a hearing before, the secretary to amend or expunge an indicated report on the grounds that it is inaccurate or it is being maintained in a manner inconsistent with this 121

122 chapter. The request shall be in writing in a manner prescribed by the department. (3) Within 60 days of a request under paragraph (1) or a request for administrative review under paragraph (2), the department shall send notice of the secretary's decision. (b) Review of grant of request.--if the secretary grants the request under subsection (a)(2), the Statewide [central register] database, appropriate county agency, appropriate law enforcement officials and all subjects shall be so advised of the decision. The county agency and any subject have [45] 90 days in which to file an administrative appeal with the secretary. If an administrative appeal is received, the secretary or his designated agent shall schedule a hearing pursuant to Article IV of the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code, [and] attending departmental regulations. If no administrative appeal is received within the designated time period, the Statewide [central register] database shall comply with the decision of the secretary and advise the county agency to amend or expunge the information in their records so that the records are consistent at both the State and local levels. (c) Review of refusal of request.--[if the secretary refuses the request under subsection (a)(2) or does not act within a reasonable time, but in no event later than 30 days after receipt of the request, the perpetrator or school employee shall have the right to a hearing before the secretary or a designated agent of the secretary to determine whether the summary of the indicated report in the Statewide central register should be amended or expunged on the grounds that it is inaccurate or that it is being maintained in a manner inconsistent with this chapter. The perpetrator or school employee shall have 45 days from the date of the letter giving notice of the decision to deny the request in which to request a hearing.] Subject to subsection (c.1), if the secretary refuses a request under subsection (a)(1) or a request for administrative review under subsection (a)(2), or does not act within the prescribed time, the perpetrator or school employee shall have the right to appeal and request a hearing before the secretary to amend or expunge an indicated report on the grounds that it is inaccurate or it is being maintained in a manner inconsistent with this chapter. The request for hearing must be made within 90 days of notice of the results of the investigation. The appropriate county agency and appropriate law enforcement officials shall be given notice of the hearing. The burden of proof in the hearing shall be on the appropriate county agency. The department shall assist the county agency as necessary. (c.1) Founded reports.--a person named as a perpetrator in a founded report of child abuse must provide to the department a court order indicating that the underlying adjudication that 122

123 formed the basis of the founded report has been reversed or vacated. Section 5. Section 6368 of Title 23 is amended by adding subsections to read: Investigation of reports. (e) Review of indicated reports.--a final determination that a report of suspected child abuse is indicated shall be approved by: (1) the county agency administrator or a designee and reviewed by a county agency solicitor, when the county agency is investigating; or (2) the secretary or a designee and reviewed by legal counsel for the department, when the department is investigating. (f) Final determination.--immediately upon conclusion of the child abuse investigation, the county agency shall provide the results of its investigation to the department in a manner prescribed by the department. Within three business days of receipt of the results of the investigation from the county agency, the department shall send notice of the final determination to the subjects of the report, other than the abused child. The determination shall include the following information: (1) The status of the report. (2) The perpetrator's right to request the secretary to amend or expunge the report. (3) The right of the subjects of the report to services from the county agency. (4) The effect of the report upon future employment opportunities involving children. (5) The fact that the name of the perpetrator, the nature of the abuse and the final status of a founded or indicated report will be entered in the Statewide database, if the perpetrator's Social Security number or date of birth are known. (6) The perpetrator's right to file an appeal of an indicated finding of abuse pursuant to section 6341 (relating to amendment or expunction of information) within 90 days of the date of notice. (7) The perpetrator's right to a fair hearing on the merits on an appeal of an indicated report filed pursuant to section (8) The burden on the investigative agency to prove its case by substantial evidence in an appeal of an indicated report. (g) Notice.--Notice under subsection (f) shall constitute mailing of the final determination to the recipient's last known address. The determination is presumed received when not 123

124 returned by the postal authorities as undeliverable. If the determination is returned as undeliverable, the entry in the Statewide database shall include information that the department was unable to provide notice. No further efforts to provide notice shall be required, except that the department shall resume reasonable efforts to provide notice if new information is received regarding the whereabouts of an individual who is entitled to receive notice under subsection (f). (h) Notice to mandated reporter.--if a report was made by a mandated reporter under section 6313 (relating to reporting procedure), the department shall notify the mandated reporter who made the report of suspected child abuse of all of the following within three business days of the department's receipt of the results of the investigation: (1) Whether the child abuse report is founded, indicated or unfounded. (2) Any services provided, arranged for or to be provided by the county agency to protect the child. Section 6. Section 6381 of Title 23 is amended by adding a subsection to read: Evidence in court proceedings. (e) Child victims and witnesses.--in addition to the provisions of this section, any consideration afforded to a child victim or witness pursuant to 42 Pa.C.S. Ch. 59 Subch. D (relating to child victims and witnesses) in any prosecution or adjudication shall be afforded to a child in child abuse proceedings in court or in any department administrative hearing pursuant to section Section 7. This act shall take effect December 31, APPROVED--The 18th day of December, A.D TOM CORBETT 124

125 Act 117 of 2013 DOMESTIC RELATIONS CODE (23 PA.C.S.) - EXPUNCTION OF INFORMATION OF PERPETRATOR WHO WAS UNDER 18 YEARS OF AGE WHEN CHILD ABUSE WAS COMMITTED Act of Dec. 18, 2013, P.L. 1195, No. 117 Cl. 23 Session of 2013 No SB 23 AN ACT Amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child protective services, further providing for definitions; and providing for expunction of information of perpetrator who was under 18 years of age when child abuse was committed. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. The definitions of "perpetrator" and "person responsible for the child's welfare" in section 6303(a) of Title 23 of the Pennsylvania Consolidated Statutes are amended to read: Definitions. (a) General rule.--the following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Perpetrator." A person who has committed child abuse [and is a parent of a child, a person responsible for the welfare of a child, an individual residing in the same home as a child or a paramour of a child's parent.] as defined in this section. The following shall apply: (1) The term includes only the following: (i) A parent of the child. (ii) A spouse or former spouse of the child's parent. (iii) A paramour or former paramour of the child's parent. (iv) A person 14 years of age or older and responsible for the child's welfare. (v) An individual 14 years of age or older who resides in the same home as the child. (vi) An individual 18 years of age or older who does not reside in the same home as the child but is related 125

126 within the third degree of consanguinity or affinity by birth or adoption to the child. (2) Only the following may be considered a perpetrator for failing to act, as provided in this section: (i) A parent of the child. (ii) A spouse or former spouse of the child's parent. (iii) A paramour or former paramour of the child's parent. (iv) A person 18 years of age or older and responsible for the child's welfare. (v) A person 18 years of age or older who resides in the same home as the child. "Person responsible for the child's welfare." A person who provides permanent or temporary care, supervision, mental health diagnosis or treatment, training or control of a child in lieu of parental care, supervision and control. [The term does not include a person who is employed by or provides services or programs in any public or private school, intermediate unit or area vocational-technical school.] The term includes any such person who has direct or regular contact with a child through any program, activity or service sponsored by a school, forprofit organization or religious or other not-for-profit organization. Section 2. Title 23 is amended by adding a section to read: Expunction of information of perpetrator who was under 18 years of age when child abuse was committed. (a) General rule.--the name of a perpetrator who is the subject of an indicated report of child abuse and who was under 18 years of age when the individual committed child abuse shall be expunged from the Statewide database when the individual reaches 21 years of age or when five years have elapsed since the perpetrator's name was added to the database, whichever is later, if the individual meets all of the following: (1) The individual has not been named as a perpetrator in any subsequent indicated report of child abuse and is not the subject of a child abuse report pending investigation. (2) The individual has never been convicted or adjudicated delinquent following a determination by the court that the individual committed an offense under section 6344(c) (relating to information relating to prospective child-care personnel), and no proceeding is pending seeking such conviction or adjudication. (3) The child abuse which resulted in the inclusion of the perpetrator's name in the database did not involve the use of a deadly weapon, as defined under 18 Pa.C.S (relating to definitions). 126

127 (b) Mandated expunction.--if the perpetrator meets all of the requirements under subsection (a), the expunction shall be mandated and guaranteed by the department. (c) Nonapplicability.--The provisions of this section shall not apply to any of the following cases: (1) A perpetrator who is the subject of a founded report of child abuse. (2) A sexually violent delinquent child, as defined in 42 Pa.C.S (relating to definitions), who meets all of the following: (i) Is required to register under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders). (ii) Was found delinquent as a result of the same acts which resulted in the sexually violent delinquent child being named a perpetrator of child abuse. (3) A juvenile offender, as defined in 42 Pa.C.S , who meets all of the following: (i) Is required to register under 42 Pa.C.S. Ch. 97 Subch. H as a result of an adjudication of delinquency for the same acts which resulted in the juvenile offender being named a perpetrator of child abuse. (ii) Has not been removed from the Statewide Registry of Sexual Offenders pursuant to 42 Pa.C.S (relating to termination of period of registration for juvenile offenders). (4) A sexual offender, as defined in 42 Pa.C.S , who meets all of the following: (i) Is required to register under 42 Pa.C.S. Ch. 97 Subch. H as a result of a criminal conviction for the same acts which resulted in the sexual offender being named a perpetrator of child abuse. (ii) Has not completed the period of registration required under 42 Pa.C.S (relating to period of registration). Section 3. This act shall take effect December 31, APPROVED--The 18th day of December, A.D TOM CORBETT 127

128 Act 119 of 2013 DOMESTIC RELATIONS CODE (23 PA.C.S.) - IMMUNITY FROM LIABILITY, ESTABLISHMENT OF PENDING COMPLAINT FILE, STATEWIDE CENTRAL REGISTER AND FILE OF UNFOUNDED REPORTS AND AMENDMENT OR EXPUNCTION OF INFORMATION Act of Dec. 18, 2013, P.L. 1201, No. 119 Cl. 23 Session of 2013 No SB 30 AN ACT Amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child protective services, further providing for definitions, for immunity from liability, for establishment of pending complaint file, for Statewide central register and file of unfounded reports and for amendment or expunction of information; and making editorial changes. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section 6303(a) of Title 23 of the Pennsylvania Consolidated Statutes is amended by adding a definition to read: Definitions. (a) General rule.--the following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Child-care services." Includes any of the following: (1) Child day-care centers. (2) Group day-care homes. (3) Family day-care homes. (4) Foster homes. (5) Adoptive parents. (6) Boarding homes for children. (7) Juvenile detention center services or programs for delinquent or dependent children. (8) Mental health services for children. (9) Services for children with intellectual disabilities. (10) Early intervention services for children. (11) Drug and alcohol services for children. (12) Day-care services or programs that are offered by a school. 128

129 (13) Other child-care services that are provided by or subject to approval, licensure, registration or certification by the Department of Public Welfare or a county social services agency or that are provided pursuant to a contract with the Department of Public Welfare or a county social services agency. Section 2. Section 6318 of Title 23 is amended to read: Immunity from liability. [(a) General rule.--a person, hospital, institution, school, facility, agency or agency employee that participates in good faith in the making of a report, whether required or not, cooperating with an investigation, including providing information to a child fatality or near fatality review team, testifying in a proceeding arising out of an instance of suspected child abuse, the taking of photographs or the removal or keeping of a child pursuant to section 6315 (relating to taking child into protective custody), and any official or employee of a county agency who refers a report of suspected abuse to law enforcement authorities or provides services under this chapter, shall have immunity from civil and criminal liability that might otherwise result by reason of those actions. (b) Presumption of good faith.--for the purpose of any civil or criminal proceeding, the good faith of a person required to report pursuant to section 6311 (relating to persons required to report suspected child abuse) and of any person required to make a referral to law enforcement officers under this chapter shall be presumed.] (a) General rule.--a person, hospital, institution, school, facility, agency or agency employee acting in good faith shall have immunity from civil and criminal liability that might otherwise result from any of the following: (1) Making a report of suspected child abuse or making a referral for general protective services, regardless of whether the report is required to be made under this chapter. (2) Cooperating or consulting with an investigation under this chapter, including providing information to a child fatality or near-fatality review team. (3) Testifying in a proceeding arising out of an instance of suspected child abuse or general protective services. (4) Engaging in any action authorized under section 6314 (relating to photographs, medical tests and X-rays of child subject to report), 6315 (relating to taking child into protective custody), 6316 (relating to admission to private and public hospitals) or 6317 (relating to mandatory reporting and postmortem investigation of deaths). (b) Departmental and county agency immunity.--an official or employee of the department or county agency who refers a report 129

130 of suspected child abuse for general protective services to law enforcement authorities or provides services as authorized by this chapter shall have immunity from civil and criminal liability that might otherwise result from the action. (c) Presumption of good faith.--for the purpose of any civil or criminal proceeding, the good faith of a person required to report pursuant to section 6311 (relating to persons required to report suspected child abuse) and of any person required to make a referral to law enforcement officers under this chapter shall be presumed. Section 3. Section 6331 heading and introductory paragraph of Title 23 are amended and the section is amended by adding a paragraph to read: Establishment of [pending complaint file,] Statewide [central register and file of unfounded reports] database. There shall be established in the department a Statewide database of protective services, which shall include the following, as provided by section 6336 (relating to information in Statewide central register): (4) False reports of child abuse pursuant to a conviction under 18 Pa.C.S (relating to false reports of child abuse) and invalid general protective services reports that a county agency or the department have determined to be false, for the purpose of identifying and tracking patterns of intentionally false reports. Section 4. Section 6341 is amended by adding subsections to read: Amendment or expunction of information. (c.1) (Reserved). (c.2) Hearing.--A person making an appeal under subsection (a)(2) or (c) shall have the right to a timely hearing to determine the merits of the appeal. A hearing shall be scheduled according to the following procedures: (1) Within ten days of receipt of an appeal pursuant to this section, the department shall schedule a hearing on the merits of the appeal. (2) The department shall make reasonable efforts to coordinate the hearing date with both the appellee and appellant. (3) After reasonable efforts required by paragraph (2) have been made, the department shall enter a scheduling order, and proceedings before the Bureau of Hearings and Appeals shall commence within 90 days of the date the scheduling order is entered, unless all parties have agreed to a continuance. Proceedings and hearings shall be scheduled to be heard on consecutive days whenever possible, but if not 130

131 on consecutive days, then the proceeding or hearing shall be concluded not later than 30 days from commencement. (4) The department or county agency shall provide a person making an appeal with all evidence gathered during the child abuse investigation that is relevant to the determination, including potentially exculpatory evidence. The evidence shall be provided not later than ten days following the entry of a scheduling order. (5) The department or county agency shall bear the burden of proving by substantial evidence that the report should remain categorized as an indicated report. (c.3) Prompt decision.--the administrative law judge's or hearing officer's decision in a hearing under subsection (c.2) shall be entered, filed and served upon the parties within 45 days of the date upon which the proceeding or hearing is concluded unless, within that time, the tribunal extends the date for the decision by order entered of record showing good cause for the extension. In no event shall an extension delay the entry of the decision more than 60 days after the conclusion of the proceeding or hearing. (c.4) Notice of decision.--notice of the decision shall be made to the Statewide database, the appropriate county agency, any appropriate law enforcement officials and all subjects of the report, except for the abused child. (g) Reconsideration and appeal.--parties to a proceeding or hearing held under subsection (c.2) have 15 calendar days from the mailing date of the final order of the Bureau of Hearings and Appeals to request the secretary to reconsider the decision or appeal to Commonwealth Court. Parties to a proceeding or hearing held under this section have 30 calendar days from the mailing date of the final order of the Bureau of Hearings and Appeals to perfect an appeal to Commonwealth Court. The filing for reconsideration shall not toll the 30 days provided. Section 5. Sections (a) introductory paragraph and introductory paragraph of Title 23 are amended to read: Responsibilities of county agency. (a) Information for the pending complaint file.--immediately after receiving a report under section (relating to investigation), the county agency shall notify the department of the receipt of the report, which is to be filed in the pending complaint file as provided in section 6331(1) (relating to establishment of [pending complaint file,] Statewide [central register and file of unfounded reports] database). The oral report shall include the following information: Information in Statewide central register. The Statewide central register established under section 6331 (relating to establishment of [pending complaint file,] Statewide [central register and file of unfounded reports] 131

132 database) shall retain only the following information relating to reports of abuse or injury of a student by a school employee which have been determined to be a founded report for school employee or an indicated report for school employee: Section 6. The amendment of 23 Pa.C.S shall apply to appeals filed on or after the effective date of this section. Section 7. This act shall take effect as follows: (1) The amendment of 23 Pa.C.S. 6303(a) shall take effect December 31, (2) The remainder of this act shall take effect July 1, APPROVED--The 18th day of December, A.D TOM CORBETT 132

133 SB 24 Act 29 of 2014 DOMESTIC RELATIONS CODE (23 PA.C.S.) - OMNIBUS AMENDMENTS Act of Apr. 7, 2014, P.L. 388, No. 29 Cl. 23 Session of 2014 No AN ACT Amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child protective services, further providing for definitions; providing for electronic reporting and for regulations; further providing for mandatory reporting and postmortem investigation of deaths, for establishment of pending complaint file, Statewide central register and file of unfounded reports, for establishment of Statewide toll-free telephone number, for continuous availability of department and for disposition of complaints received; providing for responsibility for investigation; and further providing for information in pending complaint and unfounded report files, for information in Statewide central register, for disposition of unfounded reports, for disposition of founded and indicated reports, for confidentiality of reports, for release of information in confidential reports, for studies of data in records, for information relating to prospective child-care personnel, for information relating to family day-care home residents, for cooperation of other agencies, for reports to Governor and General Assembly, for penalties and for county agency requirements for general protective services. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. The definitions of "child-care services" in section 6303(a) of Title 23 of the Pennsylvania Consolidated Statutes, added December 18, 2013 (P.L.1201, No.119), are amended and the section is amended by adding definitions to read: Definitions. (a) General rule.--the following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Child-care services." [Child day-care centers, group and family day-care homes, foster homes, adoptive parents, boarding 133

134 homes for children, juvenile detention center services or programs for delinquent or dependent children; mental health, mental retardation, early intervention and drug and alcohol services for children; and other child-care services which are provided by or subject to approval, licensure, registration or certification by the Department of Public Welfare or a county social services agency or which are provided pursuant to a contract with these departments or a county social services agency. The term does not include such services or programs which may be offered by public and private schools, intermediate units or area vocational-technical schools. "Child-care services."] Includes any of the following: (1) Child day-care centers. (2) Group day-care homes. (3) Family day-care homes. (4) Foster homes. (5) Adoptive parents. (6) Boarding homes for children. (7) Juvenile detention center services or programs for delinquent or dependent children. (8) Mental health services for children. (9) Services for children with intellectual disabilities. (10) Early intervention services for children. (11) Drug and alcohol services for children. (12) Day-care services or programs that are offered by a school. (13) Other child-care services that are provided by or subject to approval, licensure, registration or certification by the Department of Public Welfare or a county social services agency or that are provided pursuant to a contract with the Department of Public Welfare or a county social services agency. "Electronic technologies." The transfer of information in whole or in part by technology having electrical, digital, magnetic, wireless, optical, electromagnetic, photo-electronic or photo-optical systems, or similar capabilities. The term includes, but is not limited to, , Internet communication or other means of electronic transmission. "Law enforcement official." The term includes the following: (1) The Attorney General. (2) A Pennsylvania district attorney. (3) A Pennsylvania State Police officer. (4) A municipal police officer. "Mandated reporter." A person who is required by this chapter to make a report of suspected child abuse. Section 2. Title 23 is amended by adding sections to read: 134

135 6305. Electronic reporting. (a) Departmental procedures.--the department shall establish procedures for the secure and confidential use of electronic technologies to transmit information under this chapter, including: (1) the filing of reports and other required records, including those of the county agency; and (2) the verification of records and signatures on forms. (b) Confirmation of reports.--a confirmation by the department of the receipt of a report of suspected child abuse submitted electronically shall relieve the person making the report of making an additional oral or written report of suspected child abuse, subject to section 6313 (relating to reporting procedure). (c) Effect on other law.--nothing in this chapter shall be construed to supersede the act of December 16, 1999 (P.L.971, No.69), known as the Electronic Transactions Act. Any procedures developed by the department under this section shall comply with all applicable Federal and State laws regarding confidentiality of personally identifiable information Regulations. The department shall promulgate regulations necessary to implement this chapter. Section 3. Section 6317 of Title 23 is amended to read: Mandatory reporting and postmortem investigation of deaths. A person or official required to report cases of suspected child abuse, including employees of a county agency, who has reasonable cause to suspect that a child died as a result of child abuse shall report that suspicion to the appropriate coroner or medical examiner. The coroner or medical examiner shall accept the report for investigation and shall report his finding to the police, the district attorney, the appropriate county agency and, if the report is made by a hospital, the hospital. Section 3.1. Section 6331 of Title 23, amended December 18, 2013 (P.L.1201, No.119), is amended to read: Establishment of Statewide database. There shall be established in the department a Statewide database of protective services, which shall include the following, as provided by section 6336 (relating to information in Statewide [central register): (1) A pending complaint file of child abuse reports under investigation and a file of reports under investigation pursuant to Subchapter C.1 (relating to students in public and private schools). (2) A Statewide central register of child abuse which shall consist of founded and indicated reports. (3) A file of unfounded reports awaiting expunction. 135

136 (4) False reports of child abuse pursuant to a conviction under 18 Pa.C.S (relating to false reports of child abuse) and invalid general protective services reports that a county agency or the department have determined to be false, for the purpose of identifying and tracking patterns of intentionally false reports.] database): (1) Reports of suspected child abuse pending investigation. (2) Reports with a status of pending juvenile court or pending criminal court action. (3) Indicated and founded reports of child abuse. (4) Unfounded reports of child abuse awaiting expunction. (5) Unfounded reports accepted for services. (6) Reports alleging the need for general protective services. (7) General protective services reports that have been determined to be valid. (8) Reports alleging the need for general protective services that have been determined invalid and are awaiting expunction. (9) A family case record for all reports accepted for investigation, assessment or services. (10) Information on reports made to the agency, but not accepted for investigation or assessment. (11) False reports of child abuse pursuant to a conviction under 18 Pa.C.S (relating to false reports of child abuse) and invalid general protective services reports that a county agency or the department have determined to be false, for the purpose of identifying and tracking patterns of intentionally false reports. Section 3.2. Sections 6332(a), 6333 and 6334 of Title 23 are amended to read: Establishment of Statewide toll-free telephone number. (a) General rule.--the department shall establish a single Statewide toll-free telephone number that all persons, whether mandated by law or not, may use to report cases of suspected child abuse or children allegedly in need of general protective services. A county agency or law enforcement official shall use the Statewide toll-free telephone number or electronic technologies for determining the existence of [prior founded or indicated] reports of child abuse or general protective services reports in the Statewide [central register] database or reports under investigation [in the pending complaint file] Continuous availability of department. The department shall be capable of receiving oral reports of child abuse [made], reports of children in need of general protective services, reports made by electronic technologies pursuant to this chapter[, reports under section

137 (relating to responsibilities of county agency)] and report summaries [of child abuse] from county agencies [and]. The department shall be capable of immediately identifying prior reports [of child abuse and prior reports of abuse or injury under Subchapter C.1 (relating to students in public and private schools) in the Statewide central register] in the Statewide database and reports under investigation [in the pending complaint file] with a pending status and of monitoring the provision of child protective services 24 hours a day, seven days a week Disposition of complaints received. [(a) Notice to county agency.--upon receipt of a complaint of suspected child abuse, the department shall immediately transmit orally to the appropriate county agency notice that the complaint of suspected child abuse has been received and the substance of the complaint. If the Statewide central register or the pending complaint file contains information indicating a prior report or a current investigation concerning a subject of the report, the department shall immediately notify the appropriate county agency of this fact. The appropriate county agency shall mean the agency in the county where the suspected child abuse occurred. If the residency of the subjects is a factor that requires the cooperation of more than one county agency, the department shall develop regulations to ensure the cooperation of those agencies in carrying out the requirements of this chapter. (b) Referral for services or investigation.--if the complaint received does not suggest suspected child abuse but does suggest a need for social services or other services or investigation, the department shall transmit the information to the county agency or other public agency for appropriate action. The information shall not be considered a child abuse report unless the agency to which the information was referred has reasonable cause to suspect after investigation that abuse occurred. If the agency has reasonable cause to suspect that abuse occurred, the agency shall notify the department, and the initial complaint shall be considered to have been a child abuse report. (c) Recording in pending complaint file.--upon receipt of a complaint of suspected child abuse, the department shall maintain a record of the complaint of suspected child abuse in the pending complaint file. Upon receipt of a report under section (relating to responsibilities of county agency), the department shall maintain a record of the report in the report file under section 6331 (relating to establishment of pending complaint file, Statewide central register and file of unfounded reports). (d) Incidents occurring outside of this Commonwealth.-- (1) A report of suspected child abuse occurring in another state where the child victim is identified as a 137

138 resident of this Commonwealth and the other state child protective services agency cannot investigate the report because of statutory or policy limitations shall be assigned as a general protective services report to the county of the child's residence or as determined by the department. (2) In addition to complying with the other requirements of this chapter and applicable regulations, a copy of the report shall be provided to the other state's child protective services agency and, when applicable under Pennsylvania law, to law enforcement officials where the incident occurred. (3) Reports and information under this subsection shall be provided within seven calendar days of completion of the general protective services assessment under section 6375 (relating to county agency requirements for general protective services).] (a) Receipt of reports by county agencies and law enforcement.--after ensuring the immediate safety of the child and any other child in the child's home, a county agency or law enforcement official that receives a report of suspected child abuse shall immediately notify the department of the report. If the report is an oral report by telephone, the county agency or law enforcement official shall attempt to collect as much of the information listed in section 6313(c) (relating to reporting procedure) as possible and shall submit the information to the department within 48 hours through a report in writing or by electronic technologies. (b) Receipt of reports by department and referral to county agency.--the department shall immediately transmit an oral notice or a notice by electronic technologies to the county agency of the county where the suspected child abuse is alleged to have occurred. The notice shall contain the following information: (1) That a report of suspected child abuse by a perpetrator has been received. (2) The substance of the report. (3) The existence in the Statewide database of a prior report or a current investigation or assessment concerning a subject of the report. (c) Receipt of reports by department and referral to law enforcement.--if the department receives a report of suspected child abuse that also alleges that a criminal offense has been committed against the child, the department shall immediately transmit an oral notice or notice by electronic technologies to the appropriate law enforcement official in the county where the suspected child abuse is alleged to have occurred. The notice shall contain the following information, consistent with section 6340(a)(9) and (10) (relating to release of information in confidential reports): 138

139 (1) That a report of suspected child abuse has been received. (2) The substance of the report. (3) The existence in the Statewide database under section 6331 (relating to establishment of Statewide database) of a prior report or a current investigation or assessment concerning a subject of the report. (d) Notice of joint referrals.--when a report is referred to the county agency under subsection (b) and is also referred to a law enforcement official under subsection (c), the notice shall include information as to the name and contact information of any persons receiving the referral, if known. (e) Jurisdictional overlap.--if the residency of any subject of a report is a factor that requires the cooperation of more than one county agency, the department shall develop procedures to ensure the cooperation of those agencies in carrying out the requirements of this chapter. (f) Referral for services or investigation.--if the report received does not suggest a need for protective services but does suggest a need for social services or other services or investigation, the department shall transmit the information to the county agency or other public agency for appropriate action. The information shall not be considered a child abuse report unless the agency to which the information was referred has reasonable cause to suspect after investigation that abuse occurred. If the agency has reasonable cause to suspect that abuse occurred, the agency shall notify the department, and the initial report shall be considered to have been a child abuse report. (g) Recording of pending reports.--upon receipt of a report of suspected child abuse, the department shall maintain a record of the complaint of suspected child abuse in the Statewide database. Upon receipt of a report under section (relating to responsibilities of county agency), the department shall maintain a record of the report in the Statewide database under section (h) Child abuse in another state where the victim child and the alleged perpetrator are residents of the Commonwealth.--A report of suspected child abuse by a resident perpetrator occurring in another state shall be referred by the department to the county agency where the child resides in this Commonwealth and shall be investigated by the county agency as any other report of suspected child abuse by a perpetrator if the other state's child protective services agency cannot or will not investigate the report. (i) Child abuse in another state where only the alleged perpetrator is a resident of this Commonwealth.--If suspected child abuse occurs in a jurisdiction other than this Commonwealth and only the alleged perpetrator is a resident of this Commonwealth, the report of suspected child abuse shall be 139

140 referred to the county agency where the alleged perpetrator resides. The county agency shall do all of the following: (1) Notify the children and youth social service agency of the jurisdiction in which the suspected child abuse occurred. (2) If requested by the other agency, assist in investigating the suspected child abuse. (j) Child abuse in another state where only the victim child is a resident of this Commonwealth.--A report of suspected child abuse occurring in another state where only the victim child resides in this Commonwealth and where the other state's child protective services agency cannot or will not investigate the report shall be assigned as a general protective services report to the county agency where the child resides. (k) Copies of report.--a copy of a report of suspected child abuse under subsections (h), (i) and (j) shall be provided to the other state's child protective services agency and, if appropriate, to law enforcement officials where the incident occurred. (l) Communication.--Reports and information under subsections (h), (i) and (j) shall be provided within seven calendar days of completion of the investigation. Section 4. Title 23 is amended by adding a section to read: Responsibility for investigation. The department shall establish procedures regarding the following different responses to address suspected child abuse and protective services depending on the person's allegedly committing the suspected child abuse or causing a child to be in need of protective services: (1) If the suspected child abuse is alleged to have been committed by a perpetrator, the appropriate county agency shall investigate the allegation as provided in this chapter. (2) If the suspected child abuse is alleged to have been committed by a perpetrator and the behavior constituting the suspected child abuse may include a violation of a criminal offense, the appropriate county agency and law enforcement officials shall jointly investigate the allegation through the investigative team established in section 6365(c) (relating to services for prevention, investigation and treatment of child abuse) and as provided in this chapter. (3) If the suspected child abuse is alleged to have been committed by a person who is not a perpetrator and the behavior constituting the suspected child abuse may include a violation of a criminal offense, law enforcement officials where the suspected child abuse is alleged to have occurred shall be solely responsible for investigating the allegation. (4) If a child is alleged to be in need of other protective services, the appropriate county agency shall assess the needs of the child as provided in this chapter. 140

141 Section 5. Sections 6335, 6336 and 6337 of Title 23 are amended to read: [Information in pending complaint and unfounded report files. (a) Information authorized.--the information contained in the pending complaint file shall be limited to the information required in sections 6313(c) (relating to reporting procedure) and (relating to responsibilities of county agency). The information contained in the file for unfounded reports shall be limited to the information required by section 6336 (relating to information in Statewide central register). (b) Access to information.--except as provided in sections 6332 (relating to establishment of Statewide toll-free telephone number), 6334 (relating to disposition of complaints received), 6340 (relating to release of information in confidential reports) and 6342 (relating to studies of data in records), no person, other than an employee of the department in the course of official duties in connection with the responsibilities of the department under this chapter, shall at any time have access to any information in the pending complaint file or Statewide central register. Information in the file of unfounded reports shall be available only to employees of the department pursuant to this subsection, to subjects of a report or law enforcement officials pursuant to section 6340 and to the Office of Attorney General pursuant to section 6345 (relating to audits by Attorney General) until the reports are expunged pursuant to section 6337 (relating to disposition of unfounded reports).] Access to information in Statewide database. (a) Request for information.--a county agency or law enforcement official shall use the Statewide toll-free telephone number, or any manner prescribed by the department, to determine the existence of any prior reports involving a subject of the report. If the Statewide database contains information related to a report or a pending investigation or assessment concerning a subject of the report, the department shall immediately convey this information to the county agency or law enforcement official. (b) Verification of need.--information may be released under this section if a request for information is made orally or in writing and the department has done all of the following: (1) Identified the requester, including electronic verification of the requester's identity. (2) Determined whether the requester is authorized to obtain the information under this section. (3) Provided notice to the requester that access and dissemination of the information is restricted as provided by this chapter. (4) Obtained an affirmation by the requester that the request is within the scope of that person's official duties and the provisions of this chapter. 141

142 (c) Use by county agency or law enforcement official.--a county agency or law enforcement official may only request the information under subsection (a) for the purposes of investigating reports of child abuse, assessing allegations that a child is in need of general protective services, providing protective services to a child or investigating a crime against a child criminal offense. The following shall apply where information is requested pursuant to this section: (1) A law enforcement official may use information contained in the Statewide database for the purpose of investigating a criminal offense as follows: (i) Information regarding indicated and founded reports may be used for any purpose authorized by this chapter. (ii) Information on all other reports may be used for the purposes of investigating a crime involving harm or threatened harm to a child, an alleged violation of section 6319 (relating to penalties for failure to report or to refer) or 6349 (relating to penalties) or an alleged violation of 18 Pa.C.S (relating to false reports of child abuse) or 4958 (relating to intimidation, retaliation or obstruction in child abuse cases). (2) A county agency may use information contained in the Statewide database as follows: (i) Information regarding indicated or founded reports may be used for any purpose authorized by this chapter. (ii) Information on all other reports may be used for any purpose authorized by this chapter, except that information in reports that are not founded or indicated may not be used as evidence by the county agency when determining that a new report of suspected abuse is an indicated report. (3) The department may use information contained in the Statewide database as follows: (i) Information regarding indicated or founded reports may be used for any purpose authorized by this chapter. (ii) Information on all other reports may be used for any purpose authorized by this chapter, except that information in reports that are not founded or indicated may not be used as evidence by the department when determining that a new report of suspected abuse is an indicated report. (4) Information in the Statewide database may not be used for any purpose not authorized by this chapter. (d) Authorized releases for governmental functions.--no person, other than an employee of the department in the course of official duties in connection with the responsibilities of 142

143 the department under this chapter, shall have access to any information in the Statewide database except as provided under this section and the following: (1) Section 6334 (relating to disposition of complaints received). (2) Section 6340 (relating to release of information in confidential reports). (3) Section 6342 (relating to studies of data in records). (4) Section 6343 (relating to investigating performance of county agency). (5) Section (relating to citizen review panels). (6) Section 6347 (relating to reports to Governor and General Assembly). (e) Clearances.--Information provided in response to inquiries under section 6344 (relating to information relating to prospective child-care personnel), (relating to information relating to family day-care home residents) or (relating to information relating to other persons having contact with children) shall not include unfounded reports of child abuse or reports related to general protective services and shall be limited to the following: (1) Whether the person was named as a perpetrator of child abuse in a founded or indicated report. (2) Whether there is an investigation pending in which the individual is an alleged perpetrator. (3) The number, date of the incidents upon which the report is based and the type of abuse or neglect involved in any reports identified under paragraph (1). (f) Electronic technologies.--requests under this section may be made using electronic technologies if appropriate verification is made in accordance with subsection (b) Information in Statewide [central register] database. (a) Information authorized.--the Statewide [central register] database shall include and shall be limited to the following information: (1) The names, Social Security numbers, age, race, ethnicity and sex of the subjects of the reports. (2) The date or dates and the nature and extent of the alleged instances [of suspected child abuse] that created the need for protective services. (3) The home addresses of the subjects of the report. (4) The county in which the [suspected abuse occurred] alleged incidents that created the need for protective services occurred. (5) Family composition. (6) The name and relationship to the [abused] child in question and of other persons named in the report. (7) Factors contributing to the [abuse] need for protective services. 143

144 (8) The source of the report. (9) Services planned or provided. (10) [Whether the report is a founded report or an indicated report.] If the report alleges child abuse, whether the report was determined to be founded, indicated or unfounded. (11) If the report alleged the child was in need of general protective services, whether the report was valid or invalid. (12) If the report was accepted for services and the reasons for the acceptance. (13) If the report was not accepted for services, the reason the report was not accepted and whether the family was referred to other community services. [(11)] (14) Information obtained by the department in relation to a perpetrator's or school employee's request to release, amend or expunge information retained by the department or the county agency. [(12)] (15) The progress of any legal proceedings brought on the basis of the report of suspected child abuse. [(13)] (16) Whether a criminal investigation has been undertaken and the result of the investigation and of any criminal prosecution. (17) In the case of an unfounded or invalid report, if it is later determined that the initial report was a false report, a notation to that effect regarding the status of the report. (18) Unfounded reports of child abuse, limited to the information authorized under section 6337 (relating to disposition and expunction of unfounded reports and general protective services reports). (19) Any additional information provided in section 6313(c) (relating to reporting procedure). (20) Any additional demographic information that the department requires to comply with section 6342 (relating to studies of data in records). (21) A family case record for each family accepted for investigation, assessment or services which shall be maintained consistent with regulatory requirements. (22) With respect to cases that are not accepted for child abuse investigation or general protective services assessment or are referred to community services: (i) The reason the report was not accepted. (ii) Any information provided to the referral source or the family related to other services or option available to address the report. (23) Any other information that is necessary to maintain the names of persons convicted of a violation under 18 Pa.C.S (relating to false reports of child abuse) 144

145 or the names of persons who made a false report of the need for general protective services. No information other than that permitted in this subsection shall be retained in the Statewide [central register] database. [(b) Type of information released.--except as provided in sections 6334 (relating to disposition of complaints received), 6335 (relating to information in pending complaint and unfounded report files), 6340 (relating to release of information in confidential reports) and 6342 (relating to studies of data in records), persons receiving information from the Statewide central register or pending complaint file may be informed only as to: (1) Whether the report is a founded or indicated abuse or is under investigation. (2) The number of such reports. (3) The nature and extent of the alleged or actual instances of suspected child abuse. (4) The county in which the reports are investigated. (5) Any other information available which would further the purposes of this chapter. (c) Limitation on release of information.--except as provided in sections 6334, 6335, 6340 and 6342, no information shall be released from the Statewide central register or pending complaint file unless pursuant to section 6332 (relating to establishment of Statewide toll-free telephone number) and unless the department has positively identified the representative of the county agency requesting the information and the department has inquired into and is satisfied that the representative has a legitimate need, within the scope of official duties and the provisions of section 6332, to obtain the information. Information in the Statewide central register or pending complaint file shall not be released for any purpose or to any individual not specified in section 6340.] Disposition [of unfounded reports] and expunction of unfounded reports and general protective services reports. (a) General rule.--when a report of suspected child abuse is determined by the appropriate county agency to be an unfounded report, the information concerning that report of suspected child abuse shall be maintained for a period of one year. Following the expiration of one year after the date the report was received by the department, the report shall be expunged from the [pending complaint file] Statewide database, as soon as possible, but no later than 120 days after the one-year period following the date the report was received by the department, and no information other than that authorized by subsection (b), which shall not include any identifying information on any subject of the report, shall be retained by the department. The expunction shall be mandated and guaranteed by the department. 145

146 (b) Absence of other determination.--if an investigation of a report of suspected child abuse conducted by the appropriate county agency pursuant to this chapter does not determine within 60 days of the date of the initial report of the instance of suspected child abuse that the report is a founded report, an indicated report or an unfounded report, or unless within that same 60-day period court action has been initiated and is responsible for the delay, the report shall be considered to be an unfounded report, and all information identifying the subjects of the report shall be expunged no later than 120 days following the expiration of one year after the date the report was received by the department. The agency shall advise the department that court action or an arrest has been initiated so that the [pending complaint file] Statewide database is kept current regarding the status of all legal proceedings and expunction is delayed. (c) [Expunction of information.--all information identifying the subjects of any report of suspected child abuse and of any report under Subchapter C.1 (relating to students in public and private schools) determined to be an unfounded report shall be expunged from the pending complaint file pursuant to this section. The expunction shall be mandated and guaranteed by the department.] Unfounded reports accepted for services.-- Information on an unfounded report shall be retained in the Statewide database if the county agency has accepted the family for services and the report of suspected child abuse is clearly identified as an unfounded report. The county agency shall notify the department immediately upon closure of the case, and the report shall be expunged as soon as possible, but no later than 120 days after the one-year period following the date the family case was closed. If the subject child of the unfounded report becomes 23 years of age prior to the closure of the family case, the unfounded report shall be expunged when the subject child reaches 23 years of age. (d) Expunction of valid general protective services reports.--information concerning valid general protective services reports shall be maintained in the Statewide database as follows: (1) Reports that are assessed by the county agency and are determined to be valid, but are not accepted for services, shall be reported to the department and entered into the Statewide database. The reports shall be maintained for a period of five years. Following the expiration of five years after the date the report was received by the department, the report shall be expunged from the Statewide database as soon as possible, but no later than 120 days after the five-year period following the date the report was received by the department. (2) Reports that are assessed by the county agency and accepted for services shall be reported to the department and 146

147 entered into the Statewide database. The reports shall be maintained for a period of five years after the closure of services by the county agency. Following the expiration of five years after the closure of services by the county agency, the report shall be expunged from the Statewide database as soon as possible, but no later than 120 days after the five-year period following the closure of services by the county agency. (3) The expunction of information on general protective services under this subsection shall be mandated and guaranteed by the department. (e) Expunction of invalid general protective services reports.--when a report alleging the need for general protective services is determined by the appropriate county agency to be an invalid report, the information concerning that report shall be maintained for a period of one year. Following the expiration of one year after the date the report was received by the department, the report shall be expunged as soon as possible, but no later than 120 days after the one-year period following the date the report was received by the department. The expunction shall be mandated and guaranteed by the department. (f) County agency records.--county agency records of protective services shall be used and maintained in a manner that is consistent with the use and maintenance of information in the Statewide database, as provided under this chapter. If required under this chapter to amend or expunge information in the Statewide database, the department shall notify the appropriate county agency of the amendment or expungement within ten days. The county agency shall amend or expunge its records in a commensurate manner within ten days of receiving notification from the department. Section 5.1. Section 6338(a) and (c) of Title 23, amended December 18, 2013 (P.L.1170, No.108), are amended to read: Disposition of founded and indicated reports. (a) General rule.--when a report of suspected child abuse or a report under Subchapter C.1 (relating to students in public and private schools) is determined by the appropriate county agency to be a founded report or an indicated report, the [information concerning that report of suspected child abuse shall be expunged immediately from the pending complaint file, and an appropriate entry shall be made in the Statewide central register] status of the report shall be changed from pending to founded or indicated in the Statewide database. Notice of the determination that a report is a founded, indicated or unfounded report shall be made as provided in section 6368(f) (relating to investigation of reports). (c) Retention of information.--[a subfile shall be established in the Statewide central register to] The Statewide database shall indefinitely retain the names of perpetrators of 147

148 child abuse and school employees who are subjects of founded or indicated reports only if the individual's Social Security number or date of birth is known to the department. The [subfile] entry in the Statewide database shall not include identifying information regarding other subjects of the report. Section 5.2. Sections 6339, 6340(a)(9), (10), (12) and (13), (b), (c) and (d) and 6342(a) of Title 23 are amended to read: Confidentiality of reports. Except as otherwise provided in this subchapter, reports made pursuant to this chapter, including, but not limited to, report summaries of child abuse and [written] reports made pursuant to section [6313(b) and (c)] 6313 (relating to reporting procedure) as well as any other information obtained, reports written or photographs or X-rays taken concerning alleged instances of child abuse in the possession of the department or a county agency shall be confidential Release of information in confidential reports. (a) General rule.--reports specified in section 6339 (relating to confidentiality of reports) shall only be made available to: (9) Law enforcement officials of any jurisdiction, as long as the information is relevant in the course of investigating cases of: (i) Homicide or other criminal offense set forth in section 6344(c) (relating to information relating to prospective child-care personnel), sexual abuse[, sexual] or exploitation, bodily injury or serious bodily injury [or serious physical injury perpetrated by persons whether or not related to the victim] caused by a perpetrator or nonperpetrator. (ii) [Child abuse perpetrated by persons who are not family members.] Child abuse other than that identified under subparagraph (i) by a nonperpetrator. (iii) Repeated physical injury to a child under circumstances which indicate that the child's health, safety or welfare is harmed or threatened. (iv) A missing child report. (10) The district [attorney or his designee] attorney's office or other law enforcement official, as set forth in [the] county protocols for multidisciplinary investigative teams required in section 6365(c) (relating to services for prevention, investigation and treatment of child abuse), shall receive, immediately after the county agency has ensured the safety of the child, reports of abuse[, either orally or in writing,] according to regulations [promulgated by the department], from the department or county agency in which the initial report of suspected child abuse or initial inquiry into the report gives evidence that the abuse is: 148

149 (i) a criminal offense set forth [in] under section [6344(c)] (relating to grounds for denying employment or participation in program, activity or service), not including an offense under 18 Pa.C.S (relating to endangering welfare of children) or an equivalent crime under Federal law or [the] law of another state[, sexual abuse, sexual exploitation or serious bodily injury perpetrated by persons, whether or not related to the victim]; or (ii) child abuse [perpetrated by persons who are not family members; or (iii) serious physical injury involving extensive and severe bruising, burns, broken bones, lacerations, internal bleeding, shaken baby syndrome or choking or an injury that significantly impairs a child's physical functioning, either temporarily or permanently] under section (relating to responsibility for investigation). (12) A mandated reporter of suspected child abuse [as defined in] under section 6311 (relating to persons required to report suspected child abuse) who made a report of abuse involving the subject child[, but the information permitted to be released to the mandated reporter] shall be limited to the following: (i) [The final status of] Whether the child abuse report [following the investigation, whether it be] is indicated, founded or unfounded. (ii) Any services provided, arranged for or to be provided by the county agency to protect the child. (13) [Persons required to make reports under Subchapter C.1 (relating to students in public and private schools). Information under this paragraph shall be limited to the final status of the report following the investigation as to whether the report is indicated, founded or unfounded.] School administrators and child-care service employers, as provided under this paragraph. The following shall apply: (i) If the alleged perpetrator is a school employee or child-care service employee, school administrators and child-care service employers shall receive notice of a pending allegation and the final status of the report following the investigation as to whether the report is indicated, founded or unfounded. (ii) Information disclosed pursuant to this paragraph shall be provided to the school administrator or child-care service employer within ten days of the completion of the investigation. (iii) If the perpetrator is a school employee, the notice of the final status of the report shall be sent to 149

150 the Department of Education within ten days of the completion of the investigation. (b) Release of information to subject [of report].--[at any time and upon] Upon a written request, a subject of a report may receive a copy of all information, except that prohibited from being disclosed by subsection (c), contained in the Statewide [central register] database or in any report filed pursuant to section 6313 (relating to reporting procedure). (c) Protecting identity [of person making report].--except for reports [pursuant to] under subsection (a)(9) and (10) and in response to a law enforcement official investigating allegations of false reports under 18 Pa.C.S (relating to false reports of child abuse), the release of data that would identify the person who made a report of suspected child abuse or [the person] who cooperated in a subsequent investigation is prohibited unless the [secretary] department finds that the release will not be detrimental to the safety of [that] the person. Law enforcement officials shall treat all reporting sources as confidential informants. (d) Exclusion of [administrative] information.-- [Information] Except as provided under section 6341(c.2)(4) (relating to amendment or expunction of information), information maintained in the Statewide [central register which was] database obtained from an investigating agency in relation to an appeal request shall not be released to any person except a department official[, as provided by regulation]. Information in the Statewide database or a confidential report provided under section 6341(c.2)(4) shall be subject to subsection (c) Studies of data in records. (a) Studies.--The department may conduct or authorize the conducting of studies of the data contained in the [pending complaint file and the Statewide central register and] Statewide database and by county agencies and distribute the results of the studies. No study may contain the name or other information by which a subject of a report could be identified. The department may allow Federal auditors access to nonidentifiable duplicates of reports in the [pending complaint file and the Statewide central register] Statewide database if required for Federal financial participation in funding of agencies. Section 6. Section 6344(b)(2), (o)(1) and (p)(1) of Title 23 are amended and the section is amended by adding a subsection to read: Information relating to prospective child-care personnel. (b) Information submitted by prospective employees.-- Administrators of child-care services shall require applicants 150

151 to submit with their applications the following information obtained within the preceding one-year period: (2) A certification from the department as to whether the applicant is named in the [central register] Statewide database as the alleged perpetrator in a pending child abuse investigation or as the perpetrator of a founded report of child abuse, indicated report of child abuse, founded report for school employee or indicated report for school employee. (h.1) Form of payment.--payment of the fee authorized under subsection (h) may be made by an individual or organization by check, money order, credit card or debit card. (o) Use of information.--a foster family care agency may not approve a prospective foster parent if the prospective foster parent or an individual 14 years of age or older who resides for at least 30 days in a calendar year with the prospective foster parent meets either of the following: (1) Is named in the [central register] Statewide database as the perpetrator of a founded report of child abuse committed within the five-year period immediately preceding verification pursuant to this section or is named in the [central register] Statewide database as the perpetrator of a founded report for a school employee committed within the five-year period immediately preceding verification pursuant to this section. (p) Use of information.--a prospective adoptive parent may not be approved if the prospective adoptive parent or an individual 14 years of age or older who resides for at least 30 days in a calendar year with the prospective adoptive parent meets either of the following: (1) Is named in the [central register] Statewide database as the perpetrator of a founded report of child abuse committed within the five-year period immediately preceding verification pursuant to this section or is named in the [central register] Statewide database as the perpetrator of a founded report for a school employee committed within the five-year period immediately preceding verification pursuant to this section. Section 7. Sections (b) and (c)(1), 6346 and 6347(a) of Title 23 are amended to read: Information relating to family day-care home residents. (b) Required information.--child abuse record information required under subsection (a) shall include certification by the department as to whether the applicant is named in the [central 151

152 register] Statewide database as the perpetrator of a founded report, indicated report, founded report for school employee or indicated report for school employee. (c) Effect on registration.--the department shall refuse to issue or renew a registration certificate or shall revoke a registration certificate if the family day-care home provider or individual 18 years of age or older who has resided in the home for at least 30 days in a calendar year: (1) is named in the [central register] Statewide database on child abuse established under Chapter 63 (relating to child protective services) as the perpetrator of a founded report committed within the immediately preceding five-year period; or Cooperation of other agencies. (a) General rule.--the secretary may request and shall receive from Commonwealth agencies, political subdivisions, an authorized agency or any other agency providing services under the local protective services plan any assistance and data that will enable the department and the county agency to fulfill their responsibilities properly, including law enforcement [personnel] officials when assistance is needed in conducting an investigation or an assessment of safety or risk to the child. School districts shall cooperate with the department and the agency by providing them upon request with the information as is consistent with law. (b) Willful failure to cooperate.--any agency, school district or facility or any person acting on behalf of an agency, school district or facility that violates this section by willfully failing to cooperate with the department or a county agency when investigating a report of suspected child abuse or a report under Subchapter C.1 (relating to students in public and private schools) or when assessing safety or risk to a child commits a [summary offense] misdemeanor of the third degree for a first violation and a misdemeanor of the [third] second degree for subsequent violations. (c) Cooperation of county agency and law enforcement [agencies] officials.--consistent with the provisions of this chapter, the county agency and law enforcement [agencies] officials shall cooperate and coordinate, to the fullest extent possible, their efforts to respond to and investigate reports of suspected child abuse and to reports under Subchapter C.1. (d) Advice to county agency.--whenever a report of suspected child abuse is referred from a county agency to a law enforcement [agency] official pursuant to section 6340(a)(9) and (10) (relating to release of information in confidential reports), as soon as possible, and without jeopardizing the criminal investigation or prosecution, the law enforcement [agency] official shall advise the county agency as to whether a criminal investigation has been undertaken and the results of 152

153 the investigation and of any criminal prosecution. The county agency shall ensure that the information is referred to the Statewide [central register] database Reports to Governor and General Assembly. (a) General rule.--no later than May 1 of every year, the secretary shall prepare and transmit to the Governor and the General Assembly a report on the operations of the [central register of child abuse and child] Statewide database and protective services provided by county agencies. The report shall include a full statistical analysis of the reports of suspected child abuse made to the department, the reports of general protective services made to the department or county agencies and the reports under Subchapter C.1 (relating to students in public and private schools), together with a report on the implementation of this chapter and its total cost to the Commonwealth, the evaluation of the secretary of services offered under this chapter and recommendations for repeal or for additional legislation to fulfill the purposes of this chapter. All such recommendations should contain an estimate of increased or decreased costs resulting therefrom. The report shall also include an explanation of services provided to children who were the subjects of founded or indicated reports while receiving child-care services. The department shall also describe its actions in respect to the perpetrators of the abuse. Section 8. Section 6349(a) and (b) of Title 23 are amended, subsection (c) is carried without amendment and the section is amended by adding a subsection to read: Penalties. (a) Failure to amend or expunge information.-- (1) A person or official authorized to keep the records mentioned in section 6337 (relating to disposition [of unfounded reports] and expunction of unfounded reports and general protective services reports) or 6338 (relating to disposition of founded and indicated reports) who willfully fails to amend or expunge the information when required commits a [summary offense] misdemeanor of the third degree for the first violation and a misdemeanor of the [third] second degree for a second or subsequent violation. (2) A person who willfully fails to obey a final order of the secretary or designated agent of the secretary to amend or expunge the summary of the report in the Statewide [central register] database or the contents of any report filed pursuant to section 6313 (relating to reporting procedure) commits a [summary offense] misdemeanor of the third degree. (b) Unauthorized release of information.--a person who willfully releases or permits the release of any information contained in the [pending complaint file, the Statewide central register] Statewide database or the county agency records 153

154 required by this chapter to persons or agencies not permitted by this chapter to receive that information commits a misdemeanor of the [third] second degree. Law enforcement [agencies] officials shall insure the confidentiality and security of information under this chapter. A person, including [an employee of] a law enforcement [agency] official, who violates the provisions of this subsection shall, in addition to other civil or criminal penalties provided by law, be denied access to the information provided under this chapter. (b.1) Unauthorized access or use of information.--a person who willfully accesses, attempts to access or uses information in the Statewide database for a purpose not authorized under this chapter commits a misdemeanor of the second degree. A person who uses information in the Statewide database for a purpose not authorized under this chapter with intent to harass, embarrass or harm another person commits a misdemeanor of the first degree. (c) Noncompliance with child-care personnel regulations.--an administrator, or other person responsible for employment decisions in a child-care facility or program, who willfully fails to comply with the provisions of section 6344 (relating to information relating to prospective child-care personnel) commits a violation of this chapter and shall be subject to a civil penalty as provided in this subsection. The department shall have jurisdiction to determine violations of section 6344 and may, following a hearing, assess a civil penalty not to exceed $2,500. The civil penalty shall be payable to the Commonwealth. Section 9. Section 6375(c) of Title 23 is amended to read: County agency requirements for general protective services. (c) Assessment for services.-- (1) Within 60 days of receipt of a report, an assessment shall be completed and a decision on whether to accept the family for service shall be made. The county agency shall provide or arrange for services necessary to protect the child during the assessment period. (1.1) The county agency shall immediately notify the department upon the completion of the assessment whether the report was determined to be valid or invalid and whether the family was accepted for services or referred to community services. (1.2) The county agency shall immediately notify the department upon the closure of services for a child or family that has been accepted for services. (2) Each county agency shall implement a State-approved risk assessment process in performance of its duties. Section 10. This act shall take effect December 31,

155 APPROVED--The 7th day of April, A.D TOM CORBETT 155

156 Act 31 of 2014 DOMESTIC RELATIONS CODE (23 PA.C.S.) - EDUCATION AND TRAINING Act of Apr. 15, 2014, P.L. 411, No. 31 Cl. 23 Session of 2014 No HB 431 AN ACT Amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child protective services, further providing for education and training. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section 6383(b) of Title 23 of the Pennsylvania Consolidated Statutes is amended by adding paragraphs and the section is amended by adding subsections to read: Education and training. (b) Duties of Department of State.-- (3) Each licensing board with jurisdiction over professional licensees identified as mandated reporters under this chapter shall: (i) Require all persons applying for a license or certification issued by the licensing board to submit documentation acceptable to the licensing board of the completion of at least three hours of approved child abuse recognition and reporting training. Training shall address, but shall not be limited to, recognition of the signs of child abuse and the reporting requirements for suspected child abuse in this Commonwealth. Training shall be approved by the department. The training may occur as part of the continuing education requirement of the license. (ii) Require all persons applying for the renewal of a license or certification issued by the licensing board to submit documentation acceptable to the licensing board of the completion of at least two hours of approved continuing education per licensure cycle. Continuing education shall address, but shall not be limited to, recognition of the signs of child abuse and the reporting requirements for suspected child abuse in this Commonwealth. Continuing education curricula shall be 156

157 approved by the licensing board in consultation with the department. The two hours of continuing education on child abuse recognition and reporting shall be completed by each licensee as a portion of the total continuing education required for biennial license renewal. (4) A licensing board with jurisdiction over professional licensees identified as mandated reporters under this chapter may exempt an applicant or licensee from the training or continuing education required by paragraph (3) if all of the following apply: (i) The applicant or licensee submits documentation acceptable to the licensing board that the person has already completed child abuse recognition training. (ii) The training was: (A) required by section of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, and the training program was approved by the Department of Education in consultation with the department; or (B) required by the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code, and the training program was approved by the department. (iii) The amount of training received equals or exceeds the amount of training or continuing education required by paragraph (3). (5) Upon biennial renewal of a license, a licensing board shall provide to professional licensees under its jurisdiction identified as mandated reporters information related to mandatory reporting of child abuse and the reporting requirements of licensees. (6) A professional licensee identified as a mandated reporter may apply to the licensing board with jurisdiction over the licensee for an exemption from the training or continuing education required by paragraph (3). A licensing board may exempt the licensee if the licensee submits documentation acceptable to the licensing board that the licensee should not be subject to the training or continuing education requirement. (c) Training of persons subject to department regulation.-- (1) The following persons shall be required to meet the child abuse recognition and reporting training requirements of this subsection: (i) Operators of institutions, facilities or agencies which care for children and are subject to supervision by the department under Article IX of the Public Welfare Code, and their employees who have direct contact with children. (ii) Foster parents. 157

158 (iii) Operators of facilities and agencies which care for children and are subject to licensure by the department under Article X of the Public Welfare Code and their employees who have direct contact with children. (iv) Caregivers in family day care homes which are subject to registration by the department under Subarticle (c) of Article X of the Public Welfare Code and their employees who have direct contact with children. (2) Within six months of the effective date of this subsection, operators and caregivers shall receive three hours of training prior to the issuance of a license, approval or registration certificate and three hours of training every five years thereafter. (3) Employees who have direct contact with children and foster parents shall receive three hours of training within six months of the issuance of a license, approval or registration certificate and three hours of training every five years thereafter. New employees and new foster parents shall receive three hours of training within 90 days of hire or approval as a foster parent and three hours of training every five years thereafter. (4) Training curriculum shall be approved by the department and shall address, but not be limited to, the following: (i) Recognition of the signs of abuse and reporting requirements for suspected abuse in this Commonwealth. (ii) For institutions, facilities and agencies under paragraph (1)(i), their policies related to reporting of suspected abuse. (5) A person may be exempted from the requirements of this subsection if all of the following apply: (i) The person provides documentation that the person has already completed child abuse recognition and reporting training. (ii) The training was: (A) required by section of the Public School Code of 1949, and the training program was approved by the Department of Education in consultation with the department; or (B) required by this chapter and the training program was approved by the department. (iii) The amount of training received equals or exceeds the amount of training required by this subsection. (d) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: 158

159 "Direct contact with children." The care, supervision, guidance or control of children or routine interaction with children. "Operator." An executive or facility director. The term does not include a person who is not involved in managerial decisions related to the provision of services for or care of children with regard to any of the following: (1) Personnel. (2) Policy and procedures. (3) Regulatory compliance. (4) Services related to the general or medical care of children. (5) Supervision of children. (6) Safety of children. Section 2. The addition of 23 Pa.C.S. 6383(b)(3), (c) and (d) apply to persons applying for a license, certification, approval or registration, or for the renewal of a license, certification, approval or registration, on or after January 1, Section 3. This act shall take effect December 31, APPROVED--The 15th day of April, A.D TOM CORBETT 159

160 Act 32 of 2014 DOMESTIC RELATIONS CODE (23 PA.C.S.) - PERSONS REQUIRED TO REPORT SUSPECTED CHILD ABUSE, PRIVILEGED COMMUNICATIONS AND PENALTIES FOR FAILURE TO REPORT OR TO REFER Act of Apr. 15, 2014, P.L. 414, No. 32 Cl. 23 Session of 2014 No HB 436 AN ACT Amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child protective services, further providing for persons required to report suspected child abuse; providing for privileged communications; and further providing for penalties for failure to report or to refer. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section 6311(a) and (b) of Title 23 of the Pennsylvania Consolidated Statutes are amended to read: Persons required to report suspected child abuse. [(a) General rule.--a person who, in the course of employment, occupation or practice of a profession, comes into contact with children shall report or cause a report to be made in accordance with section 6313 (relating to reporting procedure) when the person has reasonable cause to suspect, on the basis of medical, professional or other training and experience, that a child under the care, supervision, guidance or training of that person or of an agency, institution, organization or other entity with which that person is affiliated is a victim of child abuse, including child abuse by an individual who is not a perpetrator. Except with respect to confidential communications made to a member of the clergy which are protected under 42 Pa.C.S (relating to confidential communications to clergymen), and except with respect to confidential communications made to an attorney which are protected by 42 Pa.C.S (relating to confidential communications to attorney) or 5928 (relating to confidential communications to attorney), the privileged communication between any professional person required to report and the patient or client of that person shall not apply to situations involving child abuse and shall not constitute grounds for failure to report as required by this chapter. 160

161 (b) Enumeration of persons required to report.--persons required to report under subsection (a) include, but are not limited to, any licensed physician, osteopath, medical examiner, coroner, funeral director, dentist, optometrist, chiropractor, podiatrist, intern, registered nurse, licensed practical nurse, hospital personnel engaged in the admission, examination, care or treatment of persons, Christian Science practitioner, member of the clergy, school administrator, school teacher, school nurse, social services worker, day-care center worker or any other child-care or foster-care worker, mental health professional, peace officer or law enforcement official.] (a) Mandated reporters.--the following adults shall make a report of suspected child abuse, subject to subsection (b), if the person has reasonable cause to suspect that a child is a victim of child abuse: (1) (Reserved). (2) (Reserved). (3) (Reserved). (4) (Reserved). (5) (Reserved). (6) (Reserved). (7) (Reserved). (8) (Reserved). (9) (Reserved). (10) (Reserved). (11) (Reserved). (12) (Reserved). (13) (Reserved). (14) An attorney affiliated with an agency, institution, organization or other entity, including a school or regularly established religious organization that is responsible for the care, supervision, guidance or control of children. Section 2. Title 23 is amended by adding a section to read: Privileged communications. (a) General rule.--subject to subsection (b), the privileged communications between a mandated reporter and a patient or client of the mandated reporter shall not: (1) Apply to a situation involving child abuse. (2) Relieve the mandated reporter of the duty to make a report of suspected child abuse. (b) Confidential communications.--the following protections shall apply: (1) Confidential communications made to a member of the clergy are protected under 42 Pa.C.S (relating to confidential communications to clergymen). (2) Confidential communications made to an attorney are protected so long as they are within the scope of 42 Pa.C.S (relating to confidential communications to attorney) and 5928 (relating to confidential communications to 161

162 attorney), the attorney work product doctrine or the rules of professional conduct for attorneys. Section 3. Section 6319 of Title 23 is amended to read: Penalties [for failure to report or to refer]. [A person or official required by this chapter to report a case of suspected child abuse or to make a referral to the appropriate authorities who willfully fails to do so commits a misdemeanor of the third degree for the first violation and a misdemeanor of the second degree for a second or subsequent violation.] (a) Failure to report or refer.-- (1) A person or official required by this chapter to report a case of suspected child abuse or to make a referral to the appropriate authorities commits an offense if the person or official willfully fails to do so. (2) An offense under this section is a felony of the third degree if: (i) the person or official willfully fails to report; (ii) the child abuse constitutes a felony of the first degree or higher; and (iii) the person or official has direct knowledge of the nature of the abuse. (3) An offense not otherwise specified in paragraph (2) is a misdemeanor of the second degree. (4) A report of suspected child abuse to law enforcement or the appropriate county agency by a mandated reporter, made in lieu of a report to the department, shall not constitute an offense under this subsection, provided that the report was made in a good faith effort to comply with the requirements of this chapter. (b) Continuing course of action.--if a person's willful failure under subsection (a) continues while the person knows or has reasonable cause to believe the child is actively being subjected to child abuse, the person commits a misdemeanor of the first degree, except that if the child abuse constitutes a felony of the first degree or higher, the person commits a felony of the third degree. (c) Multiple offenses.--a person who commits a second or subsequent offense under subsection (a) commits a felony of the third degree, except that if the child abuse constitutes a felony of the first degree or higher, the penalty for the second or subsequent offenses is a felony of the second degree. (d) Statute of limitations.--the statute of limitations for an offense under subsection (a) shall be either the statute of limitations for the crime committed against the minor child or five years, whichever is greater. Section 4. This act shall take effect in 60 days. APPROVED--The 15th day of April, A.D

163 TOM CORBETT 163

164 SB 21 Act 33 of 2014 DOMESTIC RELATIONS CODE (23 PA.C.S.) - OMNIBUS AMENDMENTS Act of Apr. 15, 2014, P.L. 417, No. 33 Cl. 23 Session of 2014 No AN ACT Amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in provisions and responsibilities for reporting suspected child abuse, further providing for definitions, for persons required to report suspected child abuse, for persons permitted to report suspected child abuse, for reporting procedure, for documentary evidence on a child subject to report and for taking child into protective custody; in organization and responsibilities of child protective service, repealing provisions relating to taking child into protective custody; and, in miscellaneous provisions, further providing for education and training. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. The definition of "school employee" in section 6303(a) of Title 23 of the Pennsylvania Consolidated Statutes is amended and subsection (a) is amended by adding definitions to read: Definitions. (a) General rule.--the following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Adult." An individual 18 years of age or older. "Direct contact with children." The care, supervision, guidance or control of children or routine interaction with children. "Health care facility." As defined in section of the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act. "Independent contractor." An individual who provides a program, activity or service to an agency, institution, organization or other entity, including a school or regularly 164

165 established religious organization, that is responsible for the care, supervision, guidance or control of children. The term does not include an individual who has no direct contact with children. "Mandated reporter." A person who is required by this chapter to make a report of suspected child abuse. "Person affiliated with." A person that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with a specified person. "Program, activity or service." A public or private educational, athletic or other pursuit in which children participate. The term includes, but is not limited to, the following: (1) A youth camp or program. (2) A recreational camp or program. (3) A sports or athletic program. (4) An outreach program. (5) An enrichment program. (6) A troop, club or similar organization. "School." A facility providing elementary, secondary or postsecondary educational services. The term includes the following: (1) Any school of a school district. (2) An area vocational-technical school. (3) A joint school. (4) An intermediate unit. (5) A charter school or regional charter school. (6) A cyber charter school. (7) A private school licensed under the act of January 28, 1988 (P.L.24, No.11), known as the Private Academic Schools Act. (8) A private school accredited by an accrediting association approved by the State Board of Education. (9) A nonpublic school. (10) A community college which is an institution now or hereafter created pursuant to Article XIX-A of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, or the act of August 24, 1963 (P.L.1132, No.484), known as the Community College Act of (11) An independent institution of higher education which is an institution of higher education which is operated not for profit, located in and incorporated or chartered by the Commonwealth, entitled to confer degrees as set forth in 24 Pa.C.S (relating to power to confer degrees) and entitled to apply to itself the designation "college" or 165

166 "university" as provided for by standards and qualifications prescribed by the State Board of Education pursuant to 24 Pa.C.S. Ch. 65 (relating to private colleges, universities and seminaries). (12) A State-owned university. (13) A State-related university. (14) A private school licensed under the act of December 15, 1986 (P.L.1585, No.174), known as the Private Licensed Schools Act. (15) The Hiram G. Andrews Center. (16) A private residential rehabilitative institution as defined in section A(c) of the Public School Code of "School employee." An individual who is employed by a [public or private school, intermediate unit or area vocationaltechnical school. The term includes an independent contractor and employees] school or who provides a program, activity or service sponsored by a school. The term excludes an individual who has no direct contact with [students] children. Section 2. Sections 6311(a), (b) and (c), 6312, 6313 and 6314 of Title 23 are amended to read: Persons required to report suspected child abuse. [(a) General rule.--a person who, in the course of employment, occupation or practice of a profession, comes into contact with children shall report or cause a report to be made in accordance with section 6313 (relating to reporting procedure) when the person has reasonable cause to suspect, on the basis of medical, professional or other training and experience, that a child under the care, supervision, guidance or training of that person or of an agency, institution, organization or other entity with which that person is affiliated is a victim of child abuse, including child abuse by an individual who is not a perpetrator. Except with respect to confidential communications made to a member of the clergy which are protected under 42 Pa.C.S (relating to confidential communications to clergymen), and except with respect to confidential communications made to an attorney which are protected by 42 Pa.C.S (relating to confidential communications to attorney) or 5928 (relating to confidential communications to attorney), the privileged communication between any professional person required to report and the patient or client of that person shall not apply to situations involving child abuse and shall not constitute grounds for failure to report as required by this chapter. (b) Enumeration of persons required to report.--persons required to report under subsection (a) include, but are not limited to, any licensed physician, osteopath, medical examiner, coroner, funeral director, dentist, optometrist, chiropractor, podiatrist, intern, registered nurse, licensed practical nurse, 166

167 hospital personnel engaged in the admission, examination, care or treatment of persons, Christian Science practitioner, member of the clergy, school administrator, school teacher, school nurse, social services worker, day-care center worker or any other child-care or foster-care worker, mental health professional, peace officer or law enforcement official.] (a) Mandated reporters.--the following adults shall make a report of suspected child abuse, subject to subsection (b), if the person has reasonable cause to suspect that a child is a victim of child abuse: (1) A person licensed or certified to practice in any health-related field under the jurisdiction of the Department of State. (2) A medical examiner, coroner or funeral director. (3) An employee of a health care facility or provider licensed by the Department of Health, who is engaged in the admission, examination, care or treatment of individuals. (4) A school employee. (5) An employee of a child-care service who has direct contact with children in the course of employment. (6) A clergyman, priest, rabbi, minister, Christian Science practitioner, religious healer or spiritual leader of any regularly established church or other religious organization. (7) An individual paid or unpaid, who, on the basis of the individual's role as an integral part of a regularly scheduled program, activity or service, accepts responsibility for a child. (8) An employee of a social services agency who has direct contact with children in the course of employment. (9) A peace officer or law enforcement official. (10) An emergency medical services provider certified by the Department of Health. (11) An employee of a public library who has direct contact with children in the course of employment. (12) An individual supervised or managed by a person listed under paragraphs (1), (2), (3), (4), (5), (6), (7), (8), (9), (10) and (11), who has direct contact with children in the course of employment. (13) An independent contractor. (b) Basis to report.-- (1) A mandated reporter enumerated in subsection (a) shall make a report of suspected child abuse or cause a report to be made in accordance with section 6313 (relating to reporting procedure), if the mandated reporter has reasonable cause to suspect that a child is a victim of child abuse under any of the following circumstances: (i) The mandated reporter comes into contact with the child in the course of employment, occupation and 167

168 practice of a profession or through a regularly scheduled program, activity or service. (ii) The mandated reporter is directly responsible for the care, supervision, guidance or training of the child, or is affiliated with an agency, institution, organization, school, regularly established church or religious organization or other entity that is directly responsible for the care, supervision, guidance or training of the child. (iii) A person makes a specific disclosure to the mandated reporter that an identifiable child is the victim of child abuse. (iv) An individual 14 years of age or older makes a specific disclosure to the mandated reporter that the individual has committed child abuse. (2) Nothing in this section shall require a child to come before the mandated reporter in order for the mandated reporter to make a report of suspected child abuse. (3) Nothing in this section shall require the mandated reporter to identify the person responsible for the child abuse to make a report of suspected child abuse. (c) Staff members of institutions, etc.--whenever a person is required to report under subsection (b) in the capacity as a member of the staff of a medical or other public or private institution, school, facility or agency, that person shall report immediately in accordance with section 6313 and shall immediately thereafter notify the person in charge of the institution, school, facility or agency or the designated agent of the person in charge. Upon notification, the person in charge or the designated agent, if any, shall assume the responsibility [and have the legal obligation to report or cause a report to be made in accordance with section 6313] for facilitating the cooperation of the institution, school, facility or agency with the investigation of the report. This chapter does not require more than one report from any such institution, school, facility or agency Persons [permitted] encouraged to report suspected child abuse. [In addition to those persons and officials required to report suspected child abuse, any] Any person may make [such a report] an oral or written report of suspected child abuse, which may be submitted electronically, or cause a report of suspected child abuse to be made to the department, county agency or law enforcement, if that person has reasonable cause to suspect that a child is [an abused child] a victim of child abuse Reporting procedure. [(a) General rule.--reports from persons required to report under section 6311 (relating to persons required to report 168

169 suspected child abuse) shall be made immediately by telephone and in writing within 48 hours after the oral report. (b) Oral reports.--oral reports shall be made to the department pursuant to Subchapter C (relating to powers and duties of department) and may be made to the appropriate county agency. When oral reports of suspected child abuse are initially received at the county agency, the protective services staff shall, after seeing to the immediate safety of the child and other children in the home, immediately notify the department of the receipt of the report, which is to be held in the pending complaint file as provided in Subchapter C. The initial child abuse report summary shall be supplemented with a written report when a determination is made as to whether a report of suspected child abuse is a founded report, an unfounded report or an indicated report. (c) Written reports.--written reports from persons required to report under section 6311 shall be made to the appropriate county agency in a manner and on forms the department prescribes by regulation. The written reports shall include the following information if available: (1) The names and addresses of the child and the parents or other person responsible for the care of the child if known. (2) Where the suspected abuse occurred. (3) The age and sex of the subjects of the report. (4) The nature and extent of the suspected child abuse, including any evidence of prior abuse to the child or siblings of the child. (5) The name and relationship of the person or persons responsible for causing the suspected abuse, if known, and any evidence of prior abuse by that person or persons. (6) Family composition. (7) The source of the report. (8) The person making the report and where that person can be reached. (9) The actions taken by the reporting source, including the taking of photographs and X-rays, removal or keeping of the child or notifying the medical examiner or coroner. (10) Any other information which the department may require by regulation. (d) Failure to confirm oral report.--the failure of a person reporting cases of suspected child abuse to confirm an oral report in writing within 48 hours shall not relieve the county agency from any duties prescribed by this chapter. In such event, the county agency shall proceed as if a written report were actually made.] (a) Report by mandated reporter.-- (1) A mandated reporter shall immediately make an oral report of suspected child abuse to the department via the Statewide toll-free telephone number under section

170 (relating to establishment of Statewide toll-free telephone number) or a written report using electronic technologies under section 6305 (relating to electronic reporting). (2) A mandated reporter making an oral report under paragraph (1) of suspected child abuse shall also make a written report, which may be submitted electronically, within 48 hours to the department or county agency assigned to the case in a manner and format prescribed by the department. (3) The failure of the mandated reporter to file the report under paragraph (2) shall not relieve the county agency from any duty under this chapter, and the county agency shall proceed as though the mandated reporter complied with paragraph (2). (b) Contents of report.--a written report of suspected child abuse, which may be submitted electronically, shall include the following information, if known: (1) The names and addresses of the child, the child's parents and any other person responsible for the child's welfare. (2) Where the suspected abuse occurred. (3) The age and sex of each subject of the report. (4) The nature and extent of the suspected child abuse, including any evidence of prior abuse to the child or any sibling of the child. (5) The name and relationship of each individual responsible for causing the suspected abuse and any evidence of prior abuse by each individual. (6) Family composition. (7) The source of the report. (8) The name, telephone number and address of the person making the report. (9) The actions taken by the person making the report, including those actions taken under section 6314 (relating to photographs, medical tests and X-rays of child subject to report), 6315 (relating to taking child into protective custody), 6316 (relating to admission to private and public hospitals) or 6317 (relating to mandatory reporting and postmortem investigation of deaths). (10) Any other information required by Federal law or regulation. (11) Any other information that the department requires by regulation Photographs, medical tests and X-rays of child subject to report. A person or official required to report cases of suspected child abuse may take or cause to be taken photographs of the child who is subject to a report and, if clinically indicated, cause to be performed a radiological examination and other medical tests on the child. Medical summaries or reports of the photographs, X-rays and relevant medical tests taken shall be 170

171 sent to the county agency at the time the written report is sent or within 48 hours after a report is made by electronic technologies or as soon thereafter as possible. The county agency shall have access to actual photographs or duplicates and X-rays and may obtain them or duplicates of them upon request. Medical summaries or reports of the photographs, X-rays and relevant medical tests shall be made available to law enforcement officials in the course of investigating cases pursuant to section 6340(a)(9) or (10) (relating to release of information in confidential reports). Section 3. Section 6315(a) of Title 23 is amended by adding a paragraph to read: Taking child into protective custody. (a) General rule.--a child may be taken into protective custody: (4) Subject to this section and after receipt of a court order, the county agency shall take a child into protective custody for protection from abuse. No county agency worker may take custody of the child without judicial authorization based on the merits of the situation. Section 4. Section 6369 of Title 23 is repealed: [ Taking child into protective custody. Pursuant to the provisions of section 6315 (relating to taking child into protective custody) and after receipt of a court order, the county agency shall take a child into protective custody for protection from abuse. No county agency worker may take custody of the child without judicial authorization based on the merits of the situation.] Section 5. Section 6383 of Title 23 is amended by adding a subsection to read: Education and training. (a.2) Information for mandated and permissive reporters.-- (1) In addition to the requirements of subsection (a), the department shall provide specific information related to the recognition and reporting of child abuse on its Internet website in forms, including, but not limited to, the following: (i) Website content. (ii) Printable booklets and brochures. (iii) Educational videos. (iv) Internet-based interactive training exercises. (2) Information shall be pertinent to both mandated and permissive reporters and shall address topics, including, but not limited to: (i) Conduct constituting child abuse under this chapter. (ii) Persons classified as mandated reporters. 171

172 (iii) Reporting requirements and procedures. (iv) The basis for making a report of suspected child abuse. (v) Penalties for failure to report. (vi) Background clearance requirements for individuals who work or volunteer with children. (vii) Recognition of the signs and symptoms of child abuse. (viii) Alternative resources to assist with concerns not related to child abuse. (3) The department shall include the following with all certifications provided pursuant to section 6344(b)(2) (relating to information relating to prospective child-care personnel): (i) Information that certain persons are required by law to report suspected child abuse. (ii) The Internet address where the information and guidance required by this subsection can be obtained. (iii) A telephone number and mailing address where guidance materials can be requested by individuals who cannot access the department's Internet website. (4) The department shall implement this subsection within 180 days of the effective date of this subsection. Section 6. This act shall take effect December 31, APPROVED--The 15th day of April, A.D TOM CORBETT 172

173 Act 34 of 2013 DOMESTIC RELATIONS CODE (23 PA.C.S.) - PERSONS REQUIRED TO REPORT SUSPECTED CHILD ABUSE AND PROTECTION FROM EMPLOYMENT DISCRIMINATION Act of Apr. 15, 2014, P.L. 425, No. 34 Cl. 23 Session of 2014 No SB 33 AN ACT Amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child protective services, further providing for persons required to report suspected child abuse; and providing for protection from employment discrimination. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section 6311(d) of Title 23 of the Pennsylvania Consolidated Statutes is amended to read: Persons required to report suspected child abuse. [(d) Civil action for discrimination against person filing report.--any person who, under this section, is required to report or cause a report of suspected child abuse to be made and who, in good faith, makes or causes the report to be made and, as a result thereof, is discharged from his employment or in any other manner is discriminated against with respect to compensation, hire, tenure, terms, conditions or privileges of employment, may commence an action in the court of common pleas of the county in which the alleged unlawful discharge or discrimination occurred for appropriate relief. If the court finds that the person is an individual who, under this section, is required to report or cause a report of suspected child abuse to be made and who, in good faith, made or caused to be made a report of suspected child abuse and, as a result thereof, was discharged or discriminated against with respect to compensation, hire, tenure, terms, conditions or privileges of employment, it may issue an order granting appropriate relief, including, but not limited to, reinstatement with back pay. The department may intervene in any action commenced under this subsection.] Section 2. Title 23 is amended by adding a section to read: Protection from employment discrimination. 173

174 (a) Basis for relief.--a person may commence an action for appropriate relief if all of the following apply: (1) The person is required to report under section 6311 (relating to persons required to report suspected child abuse) or encouraged to report under section 6312 (relating to persons encouraged to report suspected child abuse). (2) The person acted in good faith in making or causing the report of suspected child abuse to be made. (3) As a result of making the report of suspected child abuse, the person is discharged from employment or is discriminated against with respect to compensation, hire, tenure, terms, conditions or privileges of employment. (b) Applicability.--This section does not apply to an individual making a report of suspected child abuse who is found to be a perpetrator because of the report or to any individual who fails to make a report of suspected child abuse as required under section 6311 and is subject to conviction under section 6319 (relating to penalties) for failure to report or to refer. (c) Location.--An action under this section must be filed in the court of common pleas of the county in which the alleged unlawful discharge or discrimination occurred. (d) Relief.--Upon a finding in favor of the plaintiff, the court may grant appropriate relief, which may include reinstatement of the plaintiff with back pay. (e) Departmental intervention.--the department may intervene in an action commenced under this section. Section 3. This act shall take effect December 31, APPROVED--The 15th day of April, A.D TOM CORBETT 174

175 SB 31 Act 44 of 2014 DOMESTIC RELATIONS CODE (23 PA.C.S.) - OMNIBUS AMENDMENTS Act of May. 14, 2014, P.L. 645, No. 44 Cl. 23 Session of 2014 No AN ACT Amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child protective services, further providing for definitions, for persons required to report suspected child abuse and for investigating performance of county agency; repealing provisions relating to definitions, school employees, administration, investigation, responsibilities of county agency for child protective services and report information; and further providing for services for prevention, investigation and treatment of child abuse. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. The definitions of "bodily injury," "founded report," "general protective services," "indicated report for school employee," "individual residing in the same home as the child," "near fatality" and "school employee" in section 6303(a) of Title 23 of the Pennsylvania Consolidated Statutes, amended December 18, 2013 (P.L.1170, No.108), are amended and the subsection is amended by adding definitions to read: Definitions. (a) General rule.--the following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: ["Bodily injury." Impairment of physical condition or substantial pain.] "Bodily injury." Impairment of physical condition or substantial pain. "Founded report." A child abuse report involving a perpetrator that is made pursuant to this chapter, if any of the following applies: (1) There has been a judicial adjudication based on a finding that a child who is a subject of the report has been abused and the adjudication involves the same factual 175

176 circumstances involved in the allegation of child abuse. The judicial adjudication may include any of the following: (i) The entry of a plea of guilty or nolo contendere. (ii) A finding of guilt to a criminal charge. (iii) A finding of dependency under 42 Pa.C.S (relating to adjudication) if the court has entered a finding that a child who is the subject of the report has been abused. (iv) A finding of delinquency under 42 Pa.C.S if the court has entered a finding that the child who is the subject of the report has been abused by the child who was found to be delinquent. (2) There has been an acceptance into an accelerated rehabilitative disposition program and the reason for the acceptance involves the same factual circumstances involved in the allegation of child abuse. (3) There has been a consent decree entered in a juvenile proceeding under 42 Pa.C.S. Ch. 63 (relating to juvenile matters), the decree involves the same factual circumstances involved in the allegation of child abuse and the terms and conditions of the [allegation] consent decree include an acknowledgment, admission or finding that a child who is the subject of the report has been abused by the child who is alleged to be delinquent. (4) A final protection from abuse order has been granted under section 6108 (relating to relief), when the child who is a subject of the report is one of the individuals protected under the protection from abuse order and: (i) only one individual is charged with the abuse in the protection from abuse action; (ii) only that individual defends against the charge; (iii) the adjudication involves the same factual circumstances involved in the allegation of child abuse; and (iv) the protection from abuse adjudication finds that the child abuse occurred. "General protective services." Those services and activities provided by each county agency for [nonabuse] cases requiring protective services, as defined by the [Department of Public Welfare] department in regulations. ["Indicated report for school employee." A report made under Subchapter C.1 (relating to students in public and private schools) if an investigation by the county agency determines that substantial evidence of serious bodily injury or sexual abuse or exploitation exists based on any of the following: (1) Available medical evidence. 176

177 (2) The county agency's investigation. (3) An admission of the acts of abuse by the school employee. "Individual residing in the same home as the child." An individual who is 14 years of age or older and who resides in the same home as the child.] "Near fatality." [An act that, as certified by a physician, places a child in serious or critical condition.] A child's serious or critical condition, as certified by a physician, where that child is a subject of the report of child abuse. "School." A facility providing elementary, secondary or postsecondary educational services. The term includes the following: (1) Any school of a school district. (2) An area vocational-technical school. (3) A joint school. (4) An intermediate unit. (5) A charter school or regional charter school. (6) A cyber charter school. (7) A private school licensed under the act of January 28, 1988 (P.L.24, No.11), known as the Private Academic Schools Act. (8) A private school accredited by an accrediting association approved by the State Board of Education. (9) A nonpublic school. (10) A community college which is an institution now or hereafter created pursuant to Article XIX-A of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, or the former act of August 24, 1963 (P.L.1132, No.484), known as the Community College Act of (11) An independent institution of higher education which is an institution of higher education which is operated not for profit, located in and incorporated or chartered by the Commonwealth, entitled to confer degrees as set forth in 24 Pa.C.S (relating to power to confer degrees) and entitled to apply to itself the designation "college" or "university" as provided for by standards and qualifications prescribed by the State Board of Education pursuant to 24 Pa.C.S. Ch. 65 (relating to private colleges, universities and seminaries). (12) A State-owned university. (13) A State-related university. (14) A private school licensed under the act of December 15, 1986 (P.L.1585, No.174), known as the Private Licensed Schools Act. (15) Hiram G. Andrews Center. 177

178 (16) A private residential rehabilitative institution as defined in section A(c) of the Public School Code of "School employee." An individual who is employed by a [public or private school, intermediate unit or area vocationaltechnical] school or who provides a program, activity or service sponsored by a school. [The term includes an independent contractor and employees.] The term excludes an individual who has no direct contact with [students] children. Section 2. Sections 6311(c) and 6343(c)(3) of Title 23 are amended to read: Persons required to report suspected child abuse. (c) Staff members of institutions, etc.--whenever a person is required to report under subsection (b) in the capacity as a member of the staff of a medical or other public or private institution, school, facility or agency, that person shall report immediately in accordance with section 6313 and shall immediately thereafter notify the person in charge of the institution, school, facility or agency or the designated agent of the person in charge. Upon notification, the person in charge or the designated agent, if any, shall [assume the responsibility and have the legal obligation to report or cause a report to be made in accordance with section 6313.] facilitate the cooperation of the institution, school, facility or agency with the investigation of the report. Any intimidation, retaliation or obstruction in the investigation of the report is subject to the provisions of 18 Pa.C.S (relating to intimidation, retaliation or obstruction in child abuse cases). This chapter does not require more than one report from any such institution, school, facility or agency Investigating performance of county agency. (c) Department reviews and reports of child fatalities and near fatalities.-- (3) Prior to completing its report, the department may release the following information to the public concerning a child who died or nearly died as a result of suspected or substantiated child abuse: (i) The identity of the child, only in the case of a child's fatality. (ii) If the child was in the custody of a public or private agency, the identity of the agency. (iii) The identity of the public or private agency under contract with a county agency to provide services to the child and the child's family in the child's home prior to the child's death or near fatality. 178

179 (iv) A description of services provided under subparagraph (iii). (v) The identity of the county agency that convened a child fatality or near fatality review team with respect to the child. Section 3. Subchapter C.1 heading of Chapter 63 of Title 23 is repealed: [SUBCHAPTER C.1 STUDENTS IN PUBLIC AND PRIVATE SCHOOLS] Section 4. Sections 6351, 6352, 6353 and of Title 23 are repealed: [ Definitions. The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Administrator." The person responsible for the administration of a public or private school, intermediate unit or area vocational-technical school. The term includes an independent contractor School employees. (a) Requirement.-- (1) Except as provided in paragraph (2), a school employee who has reasonable cause to suspect, on the basis of professional or other training and experience, that a student coming before the school employee in the employee's professional or official capacity is a victim of serious bodily injury or sexual abuse or sexual exploitation by a school employee shall immediately contact the administrator. (2) If the school employee accused of seriously injuring or sexually abusing or exploiting a student is the administrator, the school employee who has reasonable cause to suspect, on the basis of professional or other training and experience, that a student coming before the school employee in the employee's professional or official capacity is a victim of serious bodily injury or sexual abuse or sexual exploitation shall immediately report to law enforcement officials and the district attorney under section 6353(a) (relating to administration). If an administrator is the school employee who suspects injury or abuse, the administrator shall make a report under section 6353(a). (3) The school employee may not reveal the existence or content of the report to any other person. (b) Immunity.--A school employee who refers a report under subsection (a) shall be immune from civil and criminal liability arising out of the report. (c) Criminal penalty.-- (1) A school employee who willfully violates subsection (a) commits a summary offense. 179

180 (2) A school employee who, after being sentenced under paragraph (1), violates subsection (a) commits a misdemeanor of the third degree Administration. (a) Requirement.--An administrator and a school employee governed by section 6352(a)(2) (relating to school employees) shall report immediately to law enforcement officials and the appropriate district attorney any report of serious bodily injury or sexual abuse or sexual exploitation alleged to have been committed by a school employee against a student. (b) Report.--A report under subsection (a) shall include the following information: (1) Name, age, address and school of the student. (2) Name and address of the student's parent or guardian. (3) Name and address of the administrator. (4) Name, work and home address of the school employee. (5) Nature of the alleged offense. (6) Any specific comments or observations that are directly related to the alleged incident and the individuals involved. (c) Immunity.--An administrator who makes a report under subsection (a) shall be immune from civil or criminal liability arising out of the report. (d) Criminal penalty.--an administrator who willfully violates subsection (a) commits a misdemeanor of the third degree Investigation. (a) General rule.--upon receipt of a report under section 6353 (relating to administration), an investigation shall be conducted by law enforcement officials, in cooperation with the district attorney, and a determination made as to what criminal charges, if any, will be filed against the school employee. (b) Referral to county agency.-- (1) If local law enforcement officials have reasonable cause to suspect on the basis of initial review that there is evidence of serious bodily injury, sexual abuse or sexual exploitation committed by a school employee against a student, local law enforcement officials shall notify the county agency in the county where the alleged abuse or injury occurred for the purpose of the agency conducting an investigation of the alleged abuse or injury. (2) To the fullest extent possible, law enforcement officials and the county agency shall coordinate their respective investigations. In respect to interviews with the student, law enforcement officials and the county agency shall conduct joint interviews. In respect to interviews with the school employee, law enforcement officials shall be given an opportunity to interview the school employee prior to the employee having any contact with the county agency. 180

181 (3) The county agency and law enforcement officials have the authority to arrange for photographs, medical tests or X- rays of a student alleged to have been abused or injured by a school employee. The county agency and law enforcement officials shall coordinate their efforts in this regard and, to the fullest extent possible, avoid the duplication of any photographs, medical tests or X-rays. (4) Law enforcement officials and the county agency shall advise each other of the status and findings of their respective investigations on an ongoing basis.] Section 5. Sections and of Title 23, amended December 18, 2013 (P.L.1201, No.119), are repealed: [ Responsibilities of county agency. (a) Information for the pending complaint file.--immediately after receiving a report under section (relating to investigation), the county agency shall notify the department of the receipt of the report, which is to be filed in the pending complaint file as provided in section 6331(1) (relating to establishment of pending complaint file, Statewide central register and file of unfounded reports). The oral report shall include the following information: (1) The name and address of the student and the student's parent or guardian. (2) Where the suspected abuse or injury occurred. (3) The age and sex of the student. (4) The nature and extent of the suspected abuse or injury. (5) The name and home address of the school employee alleged to have committed the abuse or injury. (6) The relationship of the student to the school employee alleged to have committed the abuse or injury. (7) The source of the report to the county agency. (8) The actions taken by the county agency, law enforcement officials, parents, guardians, school officials or other persons, including the taking of photographs, medical tests and X-rays. (b) Investigation of reports.--upon receipt of a report under section , the county agency shall commence, within the time frames established in department regulations, an investigation of the nature, extent and cause of any alleged abuse or injury enumerated in the report. The county agency shall coordinate its investigation to the fullest extent possible with law enforcement officials as provided in section (b). (c) Completion of investigation.--the investigation by the county agency to determine whether the report is an indicated report for school employee or an unfounded report shall be completed within 60 days. (d) Notice to subject of a report.--prior to interviewing a subject of the report, the county agency shall orally notify the 181

182 subject of the report of the existence of the report and the subject's rights under this chapter in regard to amendment or expungement. Within 72 hours following oral notification to the subject, the county agency shall give written notice to the subject. The notice may be reasonably delayed if notification is likely to threaten the safety of the student or the county agency worker, to cause the school employee to abscond or to significantly interfere with the conduct of a criminal investigation. (e) Reliance on factual investigation.--the county agency may rely on a factual investigation of substantially the same allegations by a law enforcement officials to support the agency's finding. This reliance shall not relieve the county agency of its responsibilities relating to the investigation of reports under this subchapter. (f) Notice to the department of the county agency's determination.--as soon as the county agency has completed its investigation, the county agency shall advise the department and law enforcement officials of its determination of the report as an indicated report for school employee or an unfounded report. Supplemental reports shall be made at regular intervals thereafter in a manner and form the department prescribes by regulation to the end that the department is kept fully informed and up-to-date concerning the status of the report Information in Statewide central register. The Statewide central register established under section 6331 (relating to establishment of pending complaint file, Statewide central register and file of unfounded reports) shall retain only the following information relating to reports of abuse or injury of a student by a school employee which have been determined to be a founded report for school employee or an indicated report for school employee: (1) The names, Social Security numbers, age and sex of the subjects of the report. (2) The home address of the subjects of the report. (3) The date and the nature and extent of the alleged abuse or injury. (4) The county and state where the abuse or injury occurred. (5) Factors contributing to the abuse or injury. (6) The source of the report. (7) Whether the report is a founded or indicated report. (8) Information obtained by the department in relation to the school employee's request to release, amend or expunge information retained by the department or the county agency. (9) The progress of any legal proceedings brought on the basis of the report. (10) Whether a criminal investigation has been undertaken and the result of the investigation and of any criminal prosecution.] 182

183 Section 6. Section of Title 23 is repealed: [ Other provisions. The following provisions shall apply to the release and retention of information by the department and the county agency concerning reports of abuse or injury committed by a school employee as provided by this subchapter: Section 6336(b) and (c) (relating to information in Statewide central register). Section 6337 (relating to disposition of unfounded reports). Section 6338(a) and (b) (relating to disposition of founded and indicated reports). Section 6339 (relating to confidentiality of reports). Section 6340 (relating to release of information in confidential reports). Section 6341(a) through (f) (relating to amendment or expunction of information). Section 6342 (relating to studies of data in records).] Section 7. Section 6365 of Title 23 is amended by adding a subsection to read: Services for prevention, investigation and treatment of child abuse. (d.1) Release by county agency.--prior to completing its child fatality or near fatality report, the investigating county agency may release the following information to the public concerning a child who died or nearly died as a result of suspected or substantiated child abuse: (1) The identity of the child, only in the case of a child's fatality. (2) If the child was in the custody of a public or private agency, the identity of the agency. (3) The identity of the public or private agency under contract with a county agency to provide services to the child and the child's family in the child's home prior to the child's death or near fatality. (4) A description of services provided under paragraph (3). Section 8. This act shall take effect December 31, APPROVED--The 14th day of May, A.D TOM CORBETT 183

184 HB 434 Act 45 of 2014 DOMESTIC RELATIONS CODE (23 PA.C.S.) - OMNIBUS AMENDMENTS Act of May. 14, 2014, P.L. 653, No. 45 Cl. 23 Session of 2014 No AN ACT Amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child protective services, further providing for definitions, for establishment of Statewide database, for disposition of founded and indicated reports, for expunction of information of perpetrator under the age of 18, for amendment or expunction of information, for information relating to prospective child-care personnel, for information relating to family day-care home residents, for information relating to other persons having contact with children, for cooperation of other agencies and for reports to Governor and General Assembly; repealing provisions relating to students in public and private schools and for background checks for employment in schools; and making a related repeal. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. The definitions of "founded report for school employee," "serious physical neglect" and "subject of the report" in section 6303(a) of Title 23 of the Pennsylvania Consolidated Statutes, added December 18, 2013 (P.L.1170, No.108), are amended to read: Definitions. (a) General rule.--the following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: ["Founded report for school employee." A report under Subchapter C.1 (relating to students in public and private schools) if there has been any judicial adjudication based on a finding that the victim has suffered serious bodily injury or sexual abuse or exploitation, including the entry of a plea of guilty or nolo contendere or a finding of guilt to a criminal charge involving the same factual circumstances involved in the allegations of the report.] 184

185 "Serious physical neglect." Any of the following when committed by a perpetrator that endangers a child's life or health, threatens a child's well-being, causes bodily injury or impairs a child's health, development or functioning: (1) A repeated, prolonged or [unconscionable] egregious failure to supervise a child in a manner that is appropriate considering the child's developmental age and abilities. (2) The failure to provide a child with adequate essentials of life, including food, shelter or medical care. "Subject of the report." Any child, parent, guardian or other person responsible for the welfare of a child or any alleged or actual perpetrator [or school employee named] in a report made to the Department of Public Welfare or a county agency under this chapter. Section 2. Sections 6331(11) and 6338(a) of Title 23, amended April 7, 2014 (P.L.388, No.29), are amended to read: Establishment of Statewide database. There shall be established in the department a Statewide database of protective services, which shall include the following, as provided by section 6336 (relating to information in Statewide database): (11) False reports of child abuse pursuant to a conviction under 18 Pa.C.S (relating to false reports of child abuse) [and invalid general protective services reports that a county agency or the department have determined to be false,] for the purpose of identifying and tracking patterns of intentionally false reports Disposition of founded and indicated reports. (a) General rule.--when a report of suspected child abuse [or a report under Subchapter C.1 (relating to students in public and private schools)] is determined by the appropriate county agency to be a founded report or an indicated report, the status of the report shall be changed from pending to founded or indicated in the Statewide database. Notice of the determination that a report is a founded, indicated or unfounded report shall be made as provided in section 6368(f) (relating to investigation of reports). Section 3. (Reserved). Section 4. Section (a)(1) of Title 23, added December 18, 2013 (P.L.1195, No.117), is amended to read: Expunction of information of perpetrator who was under 18 years of age when child abuse was committed. (a) General rule.--the name of a perpetrator who is the subject of an indicated report of child abuse and who was under 18 years of age when the individual committed child abuse shall be expunged from the Statewide database when the individual 185

186 reaches 21 years of age or when five years have elapsed since the perpetrator's name was added to the database, whichever is later, if the individual meets all of the following: (1) The individual has not been named as a perpetrator in any subsequent indicated report of child abuse and is not [the subject of] named as an alleged perpetrator in a child abuse report pending investigation. Section 5. Section 6341 of Title 23, amended December 18, 2013 (P.L.1170, No.108) and December 18, 2013 (P.L.1201, No.119), is reenacted and amended to read: Amendment or expunction of information. (a) General rule.--notwithstanding section (relating to expunction of information of perpetrator who was under 18 years of age when child abuse was committed): (1) At any time, the secretary may amend or expunge any record in the Statewide database under this chapter upon good cause shown and notice to the appropriate subjects of the report. The request shall be in writing in a manner prescribed by the department. For purposes of this paragraph, good cause shall include, but is not limited to, the following: (i) Newly discovered evidence that an indicated report of child abuse is inaccurate or is being maintained in a manner inconsistent with this chapter. (ii) A determination that the perpetrator in an indicated report of abuse no longer represents a risk of child abuse and that no significant public purpose would be served by the continued listing of the person as a perpetrator in the Statewide database. (2) Any person named as a perpetrator, and any school employee named, in an indicated report of child abuse may, within 90 days of being notified of the status of the report, request an administrative review by, or appeal and request a hearing before, the secretary to amend or expunge an indicated report on the grounds that it is inaccurate or it is being maintained in a manner inconsistent with this chapter. The request shall be in writing in a manner prescribed by the department. (3) Within 60 days of a request under paragraph (1) or a request for administrative review under paragraph (2), the department shall send notice of the secretary's decision. (b) Review of grant of request.--if the secretary grants the request under subsection (a)(2), the Statewide database, appropriate county agency, appropriate law enforcement officials and all subjects shall be so advised of the decision. The county agency and any subject have 90 days in which to file an administrative appeal with the secretary. If an administrative appeal is received, the secretary or his designated agent shall schedule a hearing pursuant to Article IV of the act of June 13, 186

187 1967 (P.L.31, No.21), known as the Public Welfare Code, attending departmental regulations. If no administrative appeal is received within the designated time period, the Statewide database shall comply with the decision of the secretary and advise the county agency to amend or expunge the information in their records so that the records are consistent at both the State and local levels. (c) Review of refusal of request.--subject to subsection (c.1), if the secretary refuses a request under subsection (a)(1) or a request for administrative review under subsection (a)(2), or does not act within the prescribed time, the perpetrator or school employee shall have the right to appeal and request a hearing before the secretary to amend or expunge an indicated report on the grounds that it is inaccurate or it is being maintained in a manner inconsistent with this chapter. The request for hearing must be made within 90 days of notice of the [results of the investigation] decision. The appropriate county agency and appropriate law enforcement officials shall be given notice of the hearing. The burden of proof in the hearing shall be on the appropriate county agency. The department shall assist the county agency as necessary. (c.1) Founded reports.--a person named as a perpetrator in a founded report of child abuse must provide to the department a court order indicating that the underlying adjudication that formed the basis of the founded report has been reversed or vacated. (c.2) Hearing.--A person making an appeal under subsection (a)(2) or (c) shall have the right to a timely hearing to determine the merits of the appeal. A hearing shall be scheduled according to the following procedures: (1) Within ten days of receipt of an appeal pursuant to this section, the department shall schedule a hearing on the merits of the appeal. (2) The department shall make reasonable efforts to coordinate the hearing date with both the appellee and appellant. (3) After reasonable efforts required by paragraph (2) have been made, the department shall enter a scheduling order, and proceedings before the Bureau of Hearings and Appeals shall commence within 90 days of the date the scheduling order is entered, unless all parties have agreed to a continuance. Proceedings and hearings shall be scheduled to be heard on consecutive days whenever possible, but if not on consecutive days, then the proceeding or hearing shall be concluded not later than 30 days from commencement. (4) The department or county agency shall provide a person making an appeal with [all] evidence gathered during the child abuse investigation within its possession that is relevant to the child abuse determination, [including potentially exculpatory evidence. The evidence shall be 187

188 provided not later than ten days following the entry of a scheduling order] subject to sections 6339 (relating to confidentiality of reports) and 6340 (relating to release of information in confidential reports). (5) The department or county agency shall bear the burden of proving by substantial evidence that the report should remain categorized as an indicated report. (c.3) Prompt decision.--the administrative law judge's or hearing officer's decision in a hearing under subsection (c.2) shall be entered, filed and served upon the parties within 45 days of the date upon which the proceeding or hearing is concluded unless, within that time, the tribunal extends the date for the decision by order entered of record showing good cause for the extension. In no event shall an extension delay the entry of the decision more than 60 days after the conclusion of the proceeding or hearing. (c.4) Notice of decision.--notice of the decision shall be made to the Statewide database, the appropriate county agency, any appropriate law enforcement officials and all subjects of the report, except for the abused child. (d) Stay of proceedings.--any administrative appeal proceeding pursuant to subsection (b) shall be automatically stayed upon notice to the department by either of the parties when there is a pending criminal proceeding or a dependency or delinquency proceeding pursuant to 42 Pa.C.S. Ch. 63 (relating to juvenile matters), including any appeal thereof, involving the same factual circumstances as the administrative appeal. (e) Order.--The secretary or designated agent may make any appropriate order respecting the amendment or expunction of such records to make them accurate or consistent with the requirements of this chapter. (f) Notice of expunction.--written notice of an expunction of any child abuse record made pursuant to the provisions of this chapter shall be served upon the subject of the record who was responsible for the abuse or injury and the appropriate county agency. Except as provided in this subsection, the county agency, upon receipt of the notice, shall take appropriate, similar action in regard to the local child abuse [and school employee] records and inform, for the same purpose, the appropriate coroner if that officer has received reports pursuant to section 6367 (relating to reports to department and coroner). Whenever the county agency investigation reveals, within 60 days of receipt of the report of suspected child abuse, that the report is unfounded but that the subjects need services provided or arranged by the county agency, the county agency shall retain those records and shall specifically identify that the report was an unfounded report of suspected child abuse. An unfounded report regarding subjects who receive services shall be expunged no later than 120 days following the 188

189 expiration of one year after the termination or completion of services provided or arranged by the county agency. (g) Reconsideration and appeal.--parties to a proceeding or hearing held under subsection (c.2) have 15 calendar days from the mailing date of the final order of the Bureau of Hearings and Appeals to request the secretary to reconsider the decision [or appeal to Commonwealth Court]. Parties to a proceeding or hearing held under this section have 30 calendar days from the mailing date of the final order of the Bureau of Hearings and Appeals to perfect an appeal to Commonwealth Court. The filing for reconsideration shall not toll the 30 days provided. Section 6. Sections 6344(b), (c) heading and (1), (o) and (p) and (b) of Title 23, amended April 7, 2014 (P.L.388, No.29), are amended to read: Information relating to prospective child-care personnel. (b) Information [submitted by prospective employees.-- Administrators of child-care services shall require applicants to submit with their applications] to be submitted.--an individual identified in subsection (a)(6) at the time the individual meets the description set forth in subsection (a)(6) and an individual applying to serve in any capacity identified in subsection (a)(1), (2), (3), (4) or (5) prior to the commencement of employment or service shall be required to submit the following information obtained within the preceding one-year period: (1) Pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal history record information), a report of criminal history record information from the Pennsylvania State Police or a statement from the Pennsylvania State Police that the State Police central repository contains no such information relating to that person. The criminal history record information shall be limited to that which is disseminated pursuant to 18 Pa.C.S. 9121(b)(2) (relating to general regulations). (2) A certification from the department as to whether the applicant is named in the Statewide database as the alleged perpetrator in a pending child abuse investigation or as the perpetrator of a founded report of child abuse[,] or an indicated report of child abuse[, founded report for school employee or indicated report for school employee]. (3) A report of Federal criminal history record information. The applicant shall submit a full set of fingerprints in a manner prescribed by the department. The Commonwealth shall submit the fingerprints to the Federal Bureau of Investigation in order to obtain a report of Federal criminal history record information and serve as intermediary for the purposes of this section. 189

190 For the purposes of this subsection, an applicant may submit a copy of the information required under paragraphs (1) and (2) with an application for employment. Administrators shall maintain a copy of the required information and shall require applicants to produce the original document prior to employment. (c) Grounds for denying employment or participation in program, activity or service.-- (1) In no case shall an administrator hire or approve an applicant where the department has verified that the applicant is named in the [central register] Statewide database as the perpetrator of a founded report [of child abuse] committed within the five-year period immediately preceding verification pursuant to this section [or is named in the central register as the perpetrator of a founded report for a school employee committed within the five-year period immediately preceding verification pursuant to this section]. (o) Use of information.--a foster family care agency may not approve a prospective foster parent if the prospective foster parent or an individual [14] 18 years of age or older who resides for at least 30 days in a calendar year with the prospective foster parent meets either of the following: (1) Is named in the Statewide database as the perpetrator of a founded report [of child abuse] committed within the five-year period immediately preceding verification pursuant to this section [or is named in the Statewide database as the perpetrator of a founded report for a school employee committed within the five-year period immediately preceding verification pursuant to this section]. (2) Has been found guilty of an offense listed in subsection [(c)(2)] (c). (p) Use of information.--a prospective adoptive parent may not be approved if the prospective adoptive parent or an individual 14 years of age or older who resides for at least 30 days in a calendar year with the prospective adoptive parent meets either of the following: (1) Is named in the Statewide database as the perpetrator of a founded report [of child abuse] committed within the five-year period immediately preceding verification pursuant to this section [or is named in the Statewide database as the perpetrator of a founded report for a school employee committed within the five-year period immediately preceding verification pursuant to this section]. (2) Has been found guilty of an offense listed in subsection [(c)(2)] (c) Information relating to family day-care home residents. 190

191 (b) Required information.--child abuse record information required under subsection (a) shall include certification by the department as to whether the applicant is named in the Statewide database as the perpetrator of a founded report[,] or an indicated report[, founded report for school employee or indicated report for school employee] of child abuse. Section 7. Section (b) of Title 23 is amended and the section is amended by adding a subsection to read: Information relating to other persons having contact with children. (a.1) School employees.--this section shall apply to school employees as follows: (1) School employees governed by the provisions of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, shall be subject to the provisions of section 111 of the Public School Code of 1949, except that this section shall apply with regard to the information required under section 6344(b)(2) (relating to information relating to prospective child-care personnel). (2) School employees not governed by the provisions of the Public School Code of 1949 shall be governed by this section. (b) Investigation.--Employers, administrators or supervisors or other persons responsible for employment decisions or selection of volunteers shall require an applicant to submit to all requirements set forth in section 6344(b) [(relating to information relating to prospective child-care personnel)] except as provided in subsection (b.1). An employer, administrator, supervisor or other person responsible for employment decisions or selection of volunteers regarding an applicable prospective employee or volunteer under this section that intentionally fails to require the submissions before hiring that individual commits a misdemeanor of the third degree. Section 8. Sections 6346(b) and (c) and 6347(a) and (b) of Title 23, amended April 7, 2014 (P.L.388, No.29), are amended to read: Cooperation of other agencies. (b) Willful failure to cooperate.--any agency, school [district] or facility or any person acting on behalf of an agency, school [district] or facility that violates this section by willfully failing to cooperate with the department or a county agency when investigating a report of suspected child abuse [or a report under Subchapter C.1 (relating to students in public and private schools)] or when assessing safety or risk to a child commits a misdemeanor of the third degree for a first 191

192 violation and a misdemeanor of the second degree for subsequent violations. (c) Cooperation of county agency and law enforcement officials.--consistent with the provisions of this chapter, the county agency and law enforcement officials shall cooperate and coordinate, to the fullest extent possible, their efforts to respond to and investigate reports of suspected child abuse [and to reports under Subchapter C.1] Reports to Governor and General Assembly. (a) General rule.--no later than May 1 of every year, the secretary shall prepare and transmit to the Governor and the General Assembly a report on the operations of the Statewide database and protective services provided by county agencies. The report shall include a full statistical analysis of the reports of suspected child abuse made to the department[,] and the reports of general protective services made to the department or county agencies [and the reports under Subchapter C.1 (relating to students in public and private schools)], together with a report on the implementation of this chapter and its total cost to the Commonwealth, the evaluation of the secretary of services offered under this chapter and recommendations for repeal or for additional legislation to fulfill the purposes of this chapter. All such recommendations should contain an estimate of increased or decreased costs resulting therefrom. The report shall also include an explanation of services provided to children who were the subjects of founded or indicated reports while receiving childcare services. The department shall also describe its actions in respect to the perpetrators of the abuse. (b) Reports from county agencies.--to assist the department in preparing its annual report and the quarterly reports required under subsection (c), each county agency shall submit a quarterly report to the department, including, at a minimum, the following information, on an aggregate basis, regarding general protective services[,] and child protective services [and action under Subchapter C.1]: (1) The number of referrals received and referrals accepted. (2) The number of children over whom the agency maintains continuing supervision. (3) The number of cases which have been closed by the agency. (4) The services provided to children and their families. (5) A summary of the findings with nonidentifying information about each case of child abuse or neglect which has resulted in a child fatality or near fatality. 192

193 Section 9. Subchapter C.1 heading of Chapter 63 of Title 23 is repealed: [SUBCHAPTER C.1 STUDENTS IN PUBLIC AND PRIVATE SCHOOLS] Section 10. Sections 6351, 6352, 6353 and of Title 23 are repealed: [ Definitions. The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Administrator." The person responsible for the administration of a public or private school, intermediate unit or area vocational-technical school. The term includes an independent contractor School employees. (a) Requirement.-- (1) Except as provided in paragraph (2), a school employee who has reasonable cause to suspect, on the basis of professional or other training and experience, that a student coming before the school employee in the employee's professional or official capacity is a victim of serious bodily injury or sexual abuse or sexual exploitation by a school employee shall immediately contact the administrator. (2) If the school employee accused of seriously injuring or sexually abusing or exploiting a student is the administrator, the school employee who has reasonable cause to suspect, on the basis of professional or other training and experience, that a student coming before the school employee in the employee's professional or official capacity is a victim of serious bodily injury or sexual abuse or sexual exploitation shall immediately report to law enforcement officials and the district attorney under section 6353(a) (relating to administration). If an administrator is the school employee who suspects injury or abuse, the administrator shall make a report under section 6353(a). (3) The school employee may not reveal the existence or content of the report to any other person. (b) Immunity.--A school employee who refers a report under subsection (a) shall be immune from civil and criminal liability arising out of the report. (c) Criminal penalty.-- (1) A school employee who willfully violates subsection (a) commits a summary offense. (2) A school employee who, after being sentenced under paragraph (1), violates subsection (a) commits a misdemeanor of the third degree Administration. (a) Requirement.--An administrator and a school employee governed by section 6352(a)(2) (relating to school employees) shall report immediately to law enforcement officials and the 193

194 appropriate district attorney any report of serious bodily injury or sexual abuse or sexual exploitation alleged to have been committed by a school employee against a student. (b) Report.--A report under subsection (a) shall include the following information: (1) Name, age, address and school of the student. (2) Name and address of the student's parent or guardian. (3) Name and address of the administrator. (4) Name, work and home address of the school employee. (5) Nature of the alleged offense. (6) Any specific comments or observations that are directly related to the alleged incident and the individuals involved. (c) Immunity.--An administrator who makes a report under subsection (a) shall be immune from civil or criminal liability arising out of the report. (d) Criminal penalty.--an administrator who willfully violates subsection (a) commits a misdemeanor of the third degree Investigation. (a) General rule.--upon receipt of a report under section 6353 (relating to administration), an investigation shall be conducted by law enforcement officials, in cooperation with the district attorney, and a determination made as to what criminal charges, if any, will be filed against the school employee. (b) Referral to county agency.-- (1) If local law enforcement officials have reasonable cause to suspect on the basis of initial review that there is evidence of serious bodily injury, sexual abuse or sexual exploitation committed by a school employee against a student, local law enforcement officials shall notify the county agency in the county where the alleged abuse or injury occurred for the purpose of the agency conducting an investigation of the alleged abuse or injury. (2) To the fullest extent possible, law enforcement officials and the county agency shall coordinate their respective investigations. In respect to interviews with the student, law enforcement officials and the county agency shall conduct joint interviews. In respect to interviews with the school employee, law enforcement officials shall be given an opportunity to interview the school employee prior to the employee having any contact with the county agency. (3) The county agency and law enforcement officials have the authority to arrange for photographs, medical tests or X- rays of a student alleged to have been abused or injured by a school employee. The county agency and law enforcement officials shall coordinate their efforts in this regard and, to the fullest extent possible, avoid the duplication of any photographs, medical tests or X-rays. 194

195 (4) Law enforcement officials and the county agency shall advise each other of the status and findings of their respective investigations on an ongoing basis.] Section 11. Sections and of Title 23, amended December 18, 2013 (P.L.1201, No.119), are repealed: [ Responsibilities of county agency. (a) Information for the pending complaint file.--immediately after receiving a report under section (relating to investigation), the county agency shall notify the department of the receipt of the report, which is to be filed in the pending complaint file as provided in section 6331(1) (relating to establishment of Statewide database). The oral report shall include the following information: (1) The name and address of the student and the student's parent or guardian. (2) Where the suspected abuse or injury occurred. (3) The age and sex of the student. (4) The nature and extent of the suspected abuse or injury. (5) The name and home address of the school employee alleged to have committed the abuse or injury. (6) The relationship of the student to the school employee alleged to have committed the abuse or injury. (7) The source of the report to the county agency. (8) The actions taken by the county agency, law enforcement officials, parents, guardians, school officials or other persons, including the taking of photographs, medical tests and X-rays. (b) Investigation of reports.--upon receipt of a report under section , the county agency shall commence, within the time frames established in department regulations, an investigation of the nature, extent and cause of any alleged abuse or injury enumerated in the report. The county agency shall coordinate its investigation to the fullest extent possible with law enforcement officials as provided in section (b). (c) Completion of investigation.--the investigation by the county agency to determine whether the report is an indicated report for school employee or an unfounded report shall be completed within 60 days. (d) Notice to subject of a report.--prior to interviewing a subject of the report, the county agency shall orally notify the subject of the report of the existence of the report and the subject's rights under this chapter in regard to amendment or expungement. Within 72 hours following oral notification to the subject, the county agency shall give written notice to the subject. The notice may be reasonably delayed if notification is likely to threaten the safety of the student or the county agency worker, to cause the school employee to abscond or to 195

196 significantly interfere with the conduct of a criminal investigation. (e) Reliance on factual investigation.--the county agency may rely on a factual investigation of substantially the same allegations by a law enforcement officials to support the agency's finding. This reliance shall not relieve the county agency of its responsibilities relating to the investigation of reports under this subchapter. (f) Notice to the department of the county agency's determination.--as soon as the county agency has completed its investigation, the county agency shall advise the department and law enforcement officials of its determination of the report as an indicated report for school employee or an unfounded report. Supplemental reports shall be made at regular intervals thereafter in a manner and form the department prescribes by regulation to the end that the department is kept fully informed and up-to-date concerning the status of the report Information in Statewide central register. The Statewide central register established under section 6331 (relating to establishment of Statewide database) shall retain only the following information relating to reports of abuse or injury of a student by a school employee which have been determined to be a founded report for school employee or an indicated report for school employee: (1) The names, Social Security numbers, age and sex of the subjects of the report. (2) The home address of the subjects of the report. (3) The date and the nature and extent of the alleged abuse or injury. (4) The county and state where the abuse or injury occurred. (5) Factors contributing to the abuse or injury. (6) The source of the report. (7) Whether the report is a founded or indicated report. (8) Information obtained by the department in relation to the school employee's request to release, amend or expunge information retained by the department or the county agency. (9) The progress of any legal proceedings brought on the basis of the report. (10) Whether a criminal investigation has been undertaken and the result of the investigation and of any criminal prosecution.] Section 12. Section of Title 23 is repealed: [ Other provisions. The following provisions shall apply to the release and retention of information by the department and the county agency concerning reports of abuse or injury committed by a school employee as provided by this subchapter: Section 6336(b) and (c) (relating to information in Statewide central register). 196

197 Section 6337 (relating to disposition of unfounded reports). Section 6338(a) and (b) (relating to disposition of founded and indicated reports). Section 6339 (relating to confidentiality of reports). Section 6340 (relating to release of information in confidential reports). Section 6341(a) through (f) (relating to amendment or expunction of information). Section 6342 (relating to studies of data in records).] Section 13. Subchapter C.2 heading of Chapter 63 of Title 23 is repealed: [SUBCHAPTER C.2 BACKGROUND CHECKS FOR EMPLOYMENT IN SCHOOLS] Section 14. Sections 6354, 6355, 6356, 6357 and 6358 of Title 23 are repealed: [ Definitions. The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Applicant." An individual who applies for a position as a school employee. The term includes an individual who transfers from one position as a school employee to another position as a school employee. "Administrator." The person responsible for the administration of a public or private school, intermediate unit or area vocational-technical school. The term includes a person responsible for employment decisions in a school and an independent contractor Requirement. (a) Investigation.-- (1) Except as provided in paragraph (2), an administrator shall require each applicant to submit an official clearance statement obtained from the department within the immediately preceding year as to whether the applicant is named as the perpetrator of an indicated or a founded report or is named as the individual responsible for injury or abuse in an indicated report for school employee or a founded report for school employee. (2) The official clearance statement under paragraph (1) shall not be required for an applicant who: (i) transfers from one position as a school employee to another position as a school employee of the same school district or of the same organization; and (ii) has, prior to the transfer, already obtained the official clearance statement under paragraph (1). (b) Grounds for denying employment.--except as provided in section 6356 (relating to exceptions), an administrator shall not hire an applicant if the department verifies that the applicant is named as the perpetrator of a founded report or is named as the individual responsible for injury or abuse in a 197

198 founded report for school employee. No individual who is a school employee on the effective date of this subchapter shall be required to obtain an official clearance statement under subsection (a)(1) as a condition of continued employment. (c) Penalty.--An administrator who willfully violates this section shall be subject to an administrative penalty of $2,500. An action under this subsection is governed by 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action) Exceptions. Section 6355 (relating to requirement) shall not apply to any of the following: (1) A school employee who is: (i) under 21 years of age; (ii) participating in a job development or job training program; and (iii) employed for not more than 90 days. (2) A school employee hired on a provisional basis pending receipt of information under section 6355(a) if all of the following apply: (i) The applicant demonstrates application for the official clearance statement under section 6355(a). (ii) The applicant attests in writing by oath or affirmation that the applicant is not disqualified under section 6355(b). (iii) The administrator has no knowledge of information which would disqualify the applicant under section 6355(b). (iv) The provisional period does not exceed: (A) 90 days for an applicant from another state; and (B) 30 days for all other applicants. (v) The hiring does not take place during a strike under the act of July 23, 1970 (P.L.563, No.195), known as the Public Employe Relations Act Fee. The department may charge a fee of not more than $10 for the official clearance statement required under section 6355(a) (relating to requirement) Time limit for official clearance statement. The department shall comply with the official clearance statement requests under section 6355(a) (relating to requirement) within 14 days of receipt of the request.] Section 15. Repeals are as follows: (1) The General Assembly declares that the repeal under paragraph (2) is necessary to effectuate the reenactment and amendment of 23 Pa.C.S (2) Section 6 of the act of December 18, 2013 (P.L.1201, No.119), entitled "An act amending Title 23 (Domestic 198

199 Relations) of the Pennsylvania Consolidated Statutes, in child protective services, further providing for definitions, for immunity from liability, for establishment of pending complaint file, for Statewide central register and file of unfounded reports and for amendment or expunction of information; and making editorial changes," is repealed. Section 16. Notwithstanding section 7(2) of the act of December 18, 2013 (P.L.1201, No.119), entitled "An act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child protective services, further providing for definitions, for immunity from liability, for establishment of pending complaint file, for Statewide central register and file of unfounded reports and for amendment or expunction of information; and making editorial changes," the provisions of 23 Pa.C.S. 6341(c.1), (c.2), (c.3), (c.4) and (g) shall apply on and after December 31, Section 17. Notwithstanding section 4 of the act of April 15, 2014 (P.L.414, No.32), entitled "An act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child protective services, further providing for persons required to report suspected child abuse; providing for privileged communications; and further providing for penalties for failure to report or to refer," the amendment or addition of the following provisions of the act of April 15, 2014 (P.L.414, No.32), shall take effect December 31, 2014: (1) 23 Pa.C.S. 6311(a) and (b). (2) 23 Pa.C.S (3) 23 Pa.C.S Section 18. This act shall take effect as follows: (1) Sections 15, 16 and 17 of this act and this section shall take effect immediately. (2) The remainder of this act shall take effect December 31, APPROVED--The 14th day of May, A.D TOM CORBETT 199

200 Act 153 of 2014 HOUSE BILL No Session of 2013 Amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child protective services, further providing for definitions, for information relating to prospective child-care personnel, for information relating to family day-care home residents and for information relating to other persons having contact with children; and providing for grounds for denying employment or participation in program, activity or service and for certification compliance. FURTHER PROVIDING FOR PERSONS REQUIRED TO REPORT SUSPECTED CHILD ABUSE, FOR REPORTING PROCEDURE, FOR CONFIDENTIALITY OF REPORTS, FOR RELEASE OF INFORMATION IN CONFIDENTIAL REPORTS, FOR INFORMATION RELATING TO PROSPECTIVE CHILD-CARE PERSONNEL, FOR INFORMATION RELATING TO FAMILY DAY- CARE HOME RESIDENTS AND FOR INFORMATION RELATING TO OTHER PERSONS HAVING CONTACT WITH CHILDREN; PROVIDING FOR CONTINUED EMPLOYMENT OR PARTICIPATION IN PROGRAM, ACTIVITY OR SERVICE AND FOR CERTIFICATION COMPLIANCE; MAKING A CONFORMING AMENDMENT TO TITLE 42; PROVIDING FOR A STUDY ON EMPLOYMENT BANS FOR THOSE HAVING CONTACT WITH CHILDREN; AND MAKING EDITORIAL CHANGES. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. The definition of "child care service" in section 6303(a) of Title 23 of the Pennsylvania Consolidated Statutes is amended to read: Definitions. (a) General rule.--the following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Child-care services." [Child day-care centers, group and family day-care homes, foster homes, adoptive parents, boarding homes for children, juvenile detention center services or

201 programs for delinquent or dependent children; mental health, mental retardation, early intervention and drug and alcohol services for children; and other child-care services which are provided by or subject to approval, licensure, registration or certification by the Department of Public Welfare or a county social services agency or which are provided pursuant to a contract with these departments or a county social services agency. The term does not include such services or programs which may be offered by public and private schools, intermediate units or area vocational-technical schools.] Includes any of the following: (1) Child day-care centers. (2) Group day-care homes. (3) Family day-care homes. (4) Foster homes. (5) Adoptive parents. (6) Boarding homes for children. (7) Juvenile detention center services or programs for delinquent or dependent children. (8) Mental health services for children. (9) Services for children with intellectual disabilities. (10) Early intervention services for children. (11) Drug and alcohol services for children. (12) Day-care services or programs that are offered by a school. (13) Other comparable services that are provided by or subject to approval, licensure, registration or certification by the department or a county social services agency or that 201

202 are provided pursuant to a contract with the Department of Public Welfare or a county social services agency. Section 2. Section 6344(a), (b), (c), (d)(3), (4) and (6), (i), (k), (l), (m), (n), (o) and (p) of Title 23 are amended and subsection (d) is amended by adding a paragraph to read: Information relating to prospective child-care personnel. (a) Applicability.--[This section applies to all prospective employees of child-care services, prospective foster parents, prospective adoptive parents, prospective self-employed family day-care providers and other persons seeking to provide childcare services under contract with a child-care facility or program. This section also applies to individuals 14 years of age or older who reside in the home of a prospective foster parent for at least 30 days in a calendar year or who reside in the home of a prospective adoptive parent for at least 30 days in a calendar year. This section does not apply to administrative or other support personnel unless their duties will involve direct contact with children.] This section applies to any of the following individuals: (1) A prospective employee of child-care services. (2) A prospective foster parent. (3) A prospective adoptive parent. (4) A prospective self-employed family day-care provider. (5) Any person seeking to provide child-care services under contract with a child-care facility or program. (6) An individual 18 years of age or older who resides 202

203 in the home of a prospective foster parent for at least 30 days in a calendar year or who resides in the home of a prospective adoptive parent for at least 30 days in a calendar year. (b) [Information submitted by prospective employees.-- Administrators of child-care services shall require applicants to submit with their applications the following information obtained within the preceding one-year period:] Information to be submitted.--an individual identified in subsection (a)(6) at the time the individual meets the description set forth in subsection (a)(6) and an individual applying to serve in any capacity identified in subsection (a)(1), (2), (3), (4) or (5) at the time of application shall be required to submit the following information obtained within the preceding one-year period: (1) Pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal history record information), a report of criminal history record information from the Pennsylvania State Police or a statement from the Pennsylvania State Police that the State Police central repository contains no such information relating to that person. The criminal history record information shall be limited to that which is disseminated pursuant to 18 Pa.C.S. 9121(b)(2) (relating to general regulations). (2) A certification from the department as to whether the applicant is named in the central register as the perpetrator of a founded report of child abuse, indicated report of child abuse, founded report for school employee or indicated report for school employee. 203

204 (3) A report of Federal criminal history record information. The applicant shall submit a full set of fingerprints in a manner prescribed by the department. The Commonwealth shall submit the fingerprints to the Federal Bureau of Investigation in order to obtain a report of Federal criminal history record information and serve as intermediary for the purposes of this section. For the purposes of this subsection, [an applicant may submit a copy of the information required under paragraphs (1) and (2) with an application for employment. Administrators shall maintain a copy of the required information and shall require applicants to produce the original document prior to employment.] an individual may submit a copy of the information required under paragraphs (1) and (2) when applying to serve in any capacity identified in subsection (a)(1), (2), (3), (4) or (5). The person responsible for determining the employment or acceptance of the individual to serve in such a capacity shall maintain a copy of the required information and require the individual to produce the original document prior to employment or acceptance to serve in such capacity. [(c) Grounds for denying employment.-- (1) In no case shall an administrator hire an applicant where the department has verified that the applicant is named in the central register as the perpetrator of a founded report of child abuse committed within the five-year period immediately preceding verification pursuant to this section or is named in the central register as the perpetrator of a founded report for a school employee committed within the five-year period immediately preceding verification pursuant 204

205 to this section. (2) In no case shall an administrator hire an applicant if the applicant's criminal history record information indicates the applicant has been convicted of one or more of the following offenses under Title 18 (relating to crimes and offenses) or an equivalent crime under Federal law or the law of another state: Chapter 25 (relating to criminal homicide). Section 2702 (relating to aggravated assault). Section (relating to stalking). Section 2901 (relating to kidnapping). Section 2902 (relating to unlawful restraint). Section 3121 (relating to rape). Section (relating to statutory sexual assault). Section 3123 (relating to involuntary deviate sexual intercourse). Section (relating to sexual assault). Section 3125 (relating to aggravated indecent assault). Section 3126 (relating to indecent assault). Section 3127 (relating to indecent exposure). Section 4302 (relating to incest). Section 4303 (relating to concealing death of child). Section 4304 (relating to endangering welfare of children). Section 4305 (relating to dealing in infant children). A felony offense under section 5902(b) (relating to prostitution and related offenses). Section 5903(c) or (d) (relating to obscene and other sexual materials and performances). 205

206 Section 6301 (relating to corruption of minors). Section 6312 (relating to sexual abuse of children). The attempt, solicitation or conspiracy to commit any of the offenses set forth in this paragraph. (3) In no case shall an administrator hire an applicant if the applicant's criminal history record information indicates the applicant has been convicted of a felony offense under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, committed within the five-year period immediately preceding verification under this section.] (d) Prospective adoptive or foster parents.--with regard to prospective adoptive or prospective foster parents, the following shall apply: [(3) Foster parents and any individual over 18 years of age residing in the home shall be required to submit the information set forth in subsection (b) every 24 months following approval for review by the foster family care agency in accordance with subsection (c). (4) Foster parents shall be required to report, within 48 hours, any change in information required pursuant to subsection (b) about themselves and any individuals over the age of 18 years residing in the home for review by the foster family care agency in accordance with subsection (c).] (4.1) If a foster parent is arrested or convicted for an offense that would constitute grounds for denying employment under section (relating to grounds for denying employment or participation in program, activity or service), 206

207 or is named as a perpetrator in a founded or indicated report of abuse, the foster parent shall provide the foster family care agency with written notice not later than 48 hours after the arrest, conviction or notification that the foster parent was named as a perpetrator of child abuse in the Statewide central register. (6) In cases where foster parents knowingly fail to submit the material information required in [paragraphs (3), (4) and (5)] paragraph (5) and section (relating to certification compliance) such that it would disqualify them as foster parents, the child shall immediately be removed from the home without a hearing. (i) Time limit for certification.--the department shall comply with certification requests no later than [14] 28 days from the receipt of the request[.] and develop procedures to comply with expedited certification requests. The department is authorized to charge a fee of no more than $5, in addition to the fee authorized in subsection (h), in order to expedite a certification request. The department shall comply with expedited certification requests no later than 14 days from the receipt of the request. [(k) Existing or transferred employees.--a person employed in child-care services on July 1, 2008, shall not be required to obtain the information required in subsection (b) as a condition of continued employment. A person who has once obtained the information required under subsection (b) may transfer to 207

208 another child-care service established and supervised by the same organization and shall not be required to obtain additional reports before making the transfer. (l) Temporary employees under special programs.--the requirements of this section do not apply to employees of childcare services who meet all the following requirements: (1) They are under 21 years of age. (2) They are employed for periods of 90 days or less. (3) They are a part of a job development or job training program funded, in whole or in part, by public or private sources. Once employment of a person who meets these conditions extends beyond 90 days, all requirements of this section shall take effect.] (m) Provisional employees for limited periods.-- Notwithstanding subsection (b), [administrators] employers may employ applicants on a provisional basis for a single period not to exceed 30 days or, for out-of-state applicants, a period of 90 days, if all of the following conditions are met: (1) The applicant has applied for the information required under subsection (b) and the applicant provides a copy of the appropriate completed request forms to the [administrator] employer. (2) The [administrator] employer has no knowledge of information pertaining to the applicant which would disqualify him from employment pursuant to [subsection (c)] section (3) The applicant swears or affirms in writing that he is not disqualified from employment pursuant to [subsection 208

209 (c)] section (4) If the information obtained pursuant to subsection (b) reveals that the applicant is disqualified from employment pursuant to [subsection (c)] section , the applicant shall be immediately dismissed by the [administrator] employer. (5) The [administrator] employer requires that the applicant not be permitted to work alone with children and that the applicant work in the immediate vicinity of a permanent employee. (n) Confidentiality.--The information provided and compiled under this section, including, but not limited to, the names, addresses and telephone numbers of applicants and foster and adoptive parents, shall be confidential and shall not be subject to the act of [June 21, 1957 (P.L.390, No.212), referred to] February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. This information shall not be released except as permitted by the department through regulation. (o) Use of information.--a foster family care agency may not approve a prospective foster parent if the prospective foster parent or an individual [14] 18 years of age or older who resides for at least 30 days in a calendar year with the prospective foster parent meets either of the following: (1) Is named in the central register as the perpetrator of a founded report of child abuse committed within the fiveyear period immediately preceding verification pursuant to this section or is named in the central register as the perpetrator of a founded report for a school employee committed within the five-year period immediately preceding 209

210 verification pursuant to this section. (2) Has been found guilty of an offense listed in [subsection (c)(2)] section (p) Use of information.--a prospective adoptive parent may not be approved if the prospective adoptive parent or an individual [14] 18 years of age or older who resides for at least 30 days in a calendar year with the prospective adoptive parent meets either of the following: (1) Is named in the central register as the perpetrator of a founded report of child abuse committed within the fiveyear period immediately preceding verification pursuant to this section or is named in the central register as the perpetrator of a founded report for a school employee committed within the five-year period immediately preceding verification pursuant to this section. (2) Has been found guilty of an offense listed in [subsection (c)(2)] section Section 3. Sections (c) and of Title 23 are amended to read: Information relating to family day-care home residents. (c) Effect on registration.--the department shall refuse to issue or renew a registration certificate or shall revoke a registration certificate if the family day-care home provider or individual 18 years of age or older who has resided in the home for at least 30 days in a calendar year: (1) is named in the central register on child abuse established under [Chapter 63 (relating to child protective 210

211 services)] this chapter as the perpetrator of a founded report committed within the immediately preceding five-year period; or (2) has been convicted of an offense enumerated in section [6344(c).] (relating to grounds for denying employment or participation in program, activity or service), if the offense would constitute grounds for denying employment based on the date of expiration of the sentence for the offense Information relating to other persons having contact with children. (a) Applicability.--[This section applies to prospective employees applying to engage in occupations with a significant likelihood of regular contact with children, in the form of care, guidance, supervision or training. Such persons include social service workers, hospital personnel, mental health professionals, members of the clergy, counselors, librarians and doctors.] This section applies to a person applying for a paid or unpaid position as a person responsible for the welfare of a child. (b) Investigation.--Employers, administrators or supervisors or other person responsible for employment decisions or selection of volunteers shall require an applicant to submit to all requirements set forth in section 6344(b) (relating to information relating to prospective child-care personnel). An employer, administrator, supervisor or other person responsible for employment decisions or selection of volunteers regarding an applicable prospective employee or volunteer under this section 211

212 that intentionally fails to require the submissions before hiring that individual commits a misdemeanor of the third degree. (b.1) Exception.--A person responsible for the selection of volunteers shall require an applicable prospective volunteer to submit only the information required by section 6344(b)(1) and (2), if both of the following apply: (1) The position the prospective volunteer is applying for is unpaid. (2) The prospective volunteer has been a resident of Pennsylvania during the entirety of the previous ten-year period. This subsection shall not be construed to prohibit any organization from requiring prospective volunteers to submit the information required by section 6344(b)(3). (c) Grounds for denial.--each applicant shall be subject to the requirements of section [6344(c)] (relating to grounds for denial of employment or participation in program, service or activity). (d) Departmental treatment of information.--information provided and compiled under this section by the department shall be confidential and shall not be subject to the act of [June 21, 1957 (P.L.390, No.212), referred to] February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. This information shall not be released except as permitted by the department through regulation. The department may charge a fee to conduct a certification as required by section 6344(b)(2) in accordance with the provisions of section 6344(h). The department shall promulgate regulations necessary to carry out this subsection. 212

213 Section 4. Title 23 is amended by adding sections to read: Grounds for denying employment or participation in program, activity or service. (a) Permanent ban.--no person subject to section 6344 (relating to information relating to prospective child-care personnel) or (relating to information relating to other persons having contact with children) shall be employed or serve as a volunteer where the information under section 6344(b) indicates that the person has been identified as follows: (1) Convicted of an offense under one or more of the following provisions of 18 Pa.C.S. (relating to crimes and offenses): Chapter 25 (relating to criminal homicide). Section 2702 (relating to aggravated assault). Section (relating to stalking). Section 2901 (relating to kidnapping). Section 2902 (relating to unlawful restraint). Section 2910 (relating to luring a child into a motor vehicle or structure). Section 3121 (relating to rape). Section (relating to statutory sexual assault). Section 3123 (relating to involuntary deviate sexual intercourse). Section (relating to sexual assault). Section (relating to institutional sexual assault). Section 3125 (relating to aggravated indecent assault). 213

214 Section 3126 (relating to indecent assault). Section 3127 (relating to indecent exposure). Section 3129 (relating to sexual intercourse with animal). Section 4302 (relating to incest). Section 4303 (relating to concealing death of child). Section 4304 (relating to endangering welfare of children). Section 4305 (relating to dealing in infant children). A felony offense under section 5902(b) (relating to prostitution and related offenses). Section 5903(c) or (d) (relating to obscene and other sexual materials and performances). Section 6301(a)(1)(ii) (relating to corruption of minors). Section 6312 (relating to sexual abuse of children). Section 6318 (relating to unlawful contact with minor). Section 6319 (relating to solicitation of minors to traffic drugs). Section 6320 (relating to sexual exploitation of children). (2) Convicted of an offense similar in nature to those crimes listed in paragraph (1) under the laws or former laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation, or under a former law of this Commonwealth. 214

215 (3) Identified in the central register as the perpetrator of a founded report of child abuse that involved the sexual abuse or exploitation of a child, or founded report for school employee that involved sexual abuse or exploitation of a child. (b) Temporary ten-year ban.-- (1) Subject to paragraph (2), no person subject to section 6344 or shall be employed or serve as a volunteer where the information under section 6344(b) indicates that the person has been convicted of a felony offense of the first, second or third degree for a crime other than those enumerated under subsection (a), where the victim is a child, or a felony offense under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act. (2) The person under paragraph (1) shall be eligible for prospective employment or service as a volunteer only if a period of ten years has elapsed from the date of expiration of the sentence for the offense. (c) Temporary five-year ban.-- (1) Subject to paragraph (2), no person subject to section 6344 or shall be employed or serve as a volunteer where the information under section 6344(b) indicates that the person has been: (i) convicted of a misdemeanor of the first degree for a crime, other than those enumerated under subsection (a), where the victim is a child; or (ii) identified in the central register as a perpetrator of a founded report of child abuse other than 215

216 sexual abuse or exploitation or a founded report for school employee other than sexual abuse or exploitation. (2) The person under paragraph (1) shall be eligible for prospective employment or service as a volunteer only if a period of five years has elapsed from the date of: (i) the expiration of the sentence for the offense under paragraph (1)(i); or (ii) identification under paragraph (1)(ii). (d) Noninterference with decisions.--nothing in this section shall be construed to otherwise interfere with the ability of an employer or program, activity or service to make employment, discipline or termination decisions. (e) Transfer.--Any person who has once obtained the information required under this section may transfer or provide services to another subsidiary or branch established and supervised by the same organization and shall not be required to obtain additional reports before making the transfer. (f) Written notice of new arrest, conviction or substantiated child abuse.-- (1) If an employee or volunteer subject to section 6344 or is arrested or convicted for an offense that would constitute grounds for denying employment or participation in a program, activity or service under this section, or is named as perpetrator in a founded or indicated report of child abuse, the employee or volunteer shall provide the administrator or designee with written notice not later than 72 hours after the arrest, conviction or notification that the person has been listed as a perpetrator of child abuse in the Statewide central register. 216

217 (2) If the person responsible for employment decisions or the administrator of a program, activity or service has a reasonable belief that an employee or volunteer was arrested or convicted for an offense that would constitute grounds for denying employment or participation in a program, activity or service under this section, or was named as perpetrator in a founded or indicated report of child abuse, or the employee or volunteer has provided notice as required under this section, the person responsible for employment decisions or administrator of a program, activity or service shall immediately require the employee or volunteer to submit current information as required under subsection 6344(b). The cost of the information set forth in subsection 6344(b) shall be borne by the employing entity or program, activity or service. (g) Effect of noncompliance.--an employee or volunteer who willfully fails to disclose information required by subsection (f)(1) commits a misdemeanor of the third degree and shall be subject to discipline up to and including termination or denial of employment or volunteer position Certification compliance. (a) Obtaining new certifications.--a person identified in section 6344(a)(1) (relating to information relating to prospective child-care personnel) or (relating to information relating to other persons having contact with children) shall be required to obtain the certifications required by this chapter every 24 months. (b) Reports of changes.--within 48 hours, foster parents shall report any change in information required pursuant to 217

218 section 6344(b) about themselves and any individuals over 18 years of age residing in their home for review by the foster family care agency in accordance with section Section 5. This act shall take effect in 60 days. SECTION 1. SECTION 2530(B)(2) OF TITLE 23 OF THE PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED TO READ: HOME STUDY AND PREPLACEMENT REPORT. (B) PREPLACEMENT REPORT.--A PREPLACEMENT REPORT SHALL BE PREPARED BY THE AGENCY OR PERSON CONDUCTING THE HOME STUDY. (2) THE PREPLACEMENT REPORT SHALL BE BASED UPON A STUDY WHICH SHALL INCLUDE AN INVESTIGATION OF THE HOME ENVIRONMENT, FAMILY LIFE, PARENTING SKILLS, AGE, PHYSICAL AND MENTAL HEALTH, SOCIAL, CULTURAL AND RELIGIOUS BACKGROUND, FACILITIES AND RESOURCES OF THE ADOPTIVE PARENTS AND THEIR ABILITY TO MANAGE THEIR RESOURCES. THE PREPLACEMENT REPORT SHALL ALSO INCLUDE THE INFORMATION REQUIRED BY SECTION 6344(B) (RELATING TO [INFORMATION RELATING TO PROSPECTIVE CHILD-CARE PERSONNEL] EMPLOYEES HAVING CONTACT WITH CHILDREN; ADOPTIVE AND FOSTER PARENTS). SECTION 2. PARAGRAPH (13) OF THE DEFINITION OF "CHILD-CARE SERVICES" AND THE DEFINITIONS OF "CHILD PROTECTIVE SERVICES," "COOPERATION WITH AN INVESTIGATION OR ASSESSMENT," "COUNTY AGENCY," "DEPARTMENT," "INDICATED REPORT," "PROTECTIVE SERVICES," "RECENT ACT," "RECENT ACT OR FAILURE TO ACT," "SECRETARY" AND "SUBJECT OF THE REPORT" IN SECTION 6303(A) OF TITLE 23, AMENDED APRIL 7, 2014 (P.L.388, NO.29) AND MAY 14, 218

219 2014 (P.L.653, NO.45), ARE AMENDED TO READ: DEFINITIONS. (A) GENERAL RULE.--THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE: "CHILD-CARE SERVICES." INCLUDES ANY OF THE FOLLOWING: (13) OTHER CHILD-CARE SERVICES THAT ARE PROVIDED BY OR SUBJECT TO APPROVAL, LICENSURE, REGISTRATION OR CERTIFICATION BY THE [DEPARTMENT OF PUBLIC WELFARE] DEPARTMENT OR A COUNTY SOCIAL SERVICES AGENCY OR THAT ARE PROVIDED PURSUANT TO A CONTRACT WITH THE [DEPARTMENT OF PUBLIC WELFARE] DEPARTMENT OR A COUNTY SOCIAL SERVICES AGENCY. "CHILD PROTECTIVE SERVICES." THOSE SERVICES AND ACTIVITIES PROVIDED BY THE [DEPARTMENT OF PUBLIC WELFARE] DEPARTMENT AND EACH COUNTY AGENCY FOR CHILD ABUSE CASES. "COOPERATION WITH AN INVESTIGATION OR ASSESSMENT." INCLUDES, BUT IS NOT LIMITED TO, A SCHOOL OR SCHOOL DISTRICT WHICH PERMITS AUTHORIZED PERSONNEL FROM THE [DEPARTMENT OF PUBLIC WELFARE] DEPARTMENT OR COUNTY AGENCY TO INTERVIEW A STUDENT WHILE THE STUDENT IS IN ATTENDANCE AT SCHOOL. "COUNTY AGENCY." THE COUNTY CHILDREN AND YOUTH SOCIAL SERVICE AGENCY ESTABLISHED PURSUANT TO SECTION 405 OF THE ACT OF JUNE 24, 1937 (P.L.2017, NO.396), KNOWN AS THE COUNTY INSTITUTION DISTRICT LAW, OR ITS SUCCESSOR, AND SUPERVISED BY THE [DEPARTMENT OF PUBLIC WELFARE] DEPARTMENT UNDER ARTICLE IX OF THE ACT OF JUNE 13, 1967 (P.L.31, NO.21), KNOWN AS THE PUBLIC 219

220 WELFARE CODE. "DEPARTMENT." THE DEPARTMENT OF [PUBLIC WELFARE] HUMAN SERVICES OF THE COMMONWEALTH. "INDICATED REPORT." (1) SUBJECT TO PARAGRAPHS (2) AND (3), A REPORT OF CHILD ABUSE MADE PURSUANT TO THIS CHAPTER IF AN INVESTIGATION BY THE [DEPARTMENT OF PUBLIC WELFARE] DEPARTMENT OR COUNTY AGENCY DETERMINES THAT SUBSTANTIAL EVIDENCE OF THE ALLEGED ABUSE BY A PERPETRATOR EXISTS BASED ON ANY OF THE FOLLOWING: (I) AVAILABLE MEDICAL EVIDENCE. (II) THE CHILD PROTECTIVE SERVICE INVESTIGATION. (III) AN ADMISSION OF THE ACTS OF ABUSE BY THE PERPETRATOR. (2) A REPORT MAY BE INDICATED UNDER PARAGRAPH (1)(I) OR (II) FOR ANY CHILD WHO IS THE VICTIM OF CHILD ABUSE, REGARDLESS OF THE NUMBER OF ALLEGED PERPETRATORS. (3) A REPORT MAY BE INDICATED UNDER PARAGRAPH (1)(I) OR (II) LISTING THE PERPETRATOR AS "UNKNOWN" IF SUBSTANTIAL EVIDENCE OF ABUSE BY A PERPETRATOR EXISTS, BUT THE DEPARTMENT OR COUNTY AGENCY IS UNABLE TO IDENTIFY THE SPECIFIC PERPETRATOR. "PROTECTIVE SERVICES." THOSE SERVICES AND ACTIVITIES PROVIDED BY THE [DEPARTMENT OF PUBLIC WELFARE] DEPARTMENT AND EACH COUNTY AGENCY FOR CHILDREN WHO ARE ABUSED OR ARE ALLEGED TO BE IN NEED OF PROTECTION UNDER THIS CHAPTER. "RECENT ACT." ANY ACT COMMITTED WITHIN TWO YEARS OF THE DATE OF THE REPORT TO THE [DEPARTMENT OF PUBLIC WELFARE] DEPARTMENT 220

221 OR COUNTY AGENCY. "RECENT ACT OR FAILURE TO ACT." ANY ACT OR FAILURE TO ACT COMMITTED WITHIN TWO YEARS OF THE DATE OF THE REPORT TO THE [DEPARTMENT OF PUBLIC WELFARE] DEPARTMENT OR COUNTY AGENCY. "SECRETARY." THE SECRETARY OF [PUBLIC WELFARE] HUMAN SERVICES OF THE COMMONWEALTH. "SUBJECT OF THE REPORT." ANY CHILD, PARENT, GUARDIAN OR OTHER PERSON RESPONSIBLE FOR THE WELFARE OF A CHILD OR ANY ALLEGED OR ACTUAL PERPETRATOR IN A REPORT MADE TO THE [DEPARTMENT OF PUBLIC WELFARE] DEPARTMENT OR A COUNTY AGENCY UNDER THIS CHAPTER. SECTION 3. SECTION 6311(B)(1) OF TITLE 23, AMENDED APRIL 15, 2014 (P.L.414, NO.32) AND APRIL 15, 2014 (P.L.417, NO.33), IS AMENDED AND SUBSECTION (A) IS AMENDED BY ADDING A PARAGRAPH TO READ: PERSONS REQUIRED TO REPORT SUSPECTED CHILD ABUSE. (A) MANDATED REPORTERS.--THE FOLLOWING ADULTS SHALL MAKE A REPORT OF SUSPECTED CHILD ABUSE, SUBJECT TO SUBSECTION (B), IF THE PERSON HAS REASONABLE CAUSE TO SUSPECT THAT A CHILD IS A VICTIM OF CHILD ABUSE: (15) A FOSTER PARENT. (B) BASIS TO REPORT.-- (1) A MANDATED REPORTER ENUMERATED IN SUBSECTION (A) SHALL MAKE A REPORT OF SUSPECTED CHILD ABUSE [OR CAUSE A REPORT TO BE MADE] IN ACCORDANCE WITH SECTION 6313 (RELATING 221

222 TO REPORTING PROCEDURE), IF THE MANDATED REPORTER HAS REASONABLE CAUSE TO SUSPECT THAT A CHILD IS A VICTIM OF CHILD ABUSE UNDER ANY OF THE FOLLOWING CIRCUMSTANCES: SECTION 4. SECTION 6313 OF TITLE 23 IS AMENDED BY ADDING A SUBSECTION TO READ: REPORTING PROCEDURE. (E) APPLICABILITY OF MENTAL HEALTH PROCEDURES ACT.-- NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MANDATED REPORTER ENUMERATED UNDER 6311 (RELATING TO PERSONS REQUIRED TO REPORT SUSPECTED CHILD ABUSE) WHO MAKES A REPORT OF SUSPECTED CHILD ABUSE PURSUANT TO THIS SECTION, OR WHO MAKES A REPORT OF A CRIME AGAINST A CHILD TO LAW ENFORCEMENT OFFICIALS, SHALL NOT BE IN VIOLATION OF THE ACT OF JULY 9, 1976 (P.L.817, NO.143), KNOWN AS THE MENTAL HEALTH PROCEDURES ACT, BY RELEASING INFORMATION NECESSARY TO COMPLETE THE REPORT. SECTION 5. SECTION 6335(E) INTRODUCTORY PARAGRAPH OF TITLE 23, AMENDED APRIL 7, 2014 (P.L.388, NO.29), IS AMENDED TO READ: ACCESS TO INFORMATION IN STATEWIDE DATABASE. (E) CLEARANCES.--INFORMATION PROVIDED IN RESPONSE TO INQUIRIES UNDER SECTION 6344 (RELATING TO [INFORMATION RELATING TO PROSPECTIVE CHILD-CARE PERSONNEL] EMPLOYEES HAVING CONTACT WITH CHILDREN; ADOPTIVE AND FOSTER PARENTS), (RELATING TO INFORMATION RELATING TO [FAMILY] CERTIFIED OR REGISTERED DAY- CARE HOME RESIDENTS) OR (RELATING TO [INFORMATION RELATING TO OTHER PERSONS] VOLUNTEERS HAVING CONTACT WITH CHILDREN) SHALL NOT INCLUDE UNFOUNDED REPORTS OF CHILD ABUSE OR 222

223 REPORTS RELATED TO GENERAL PROTECTIVE SERVICES AND SHALL BE LIMITED TO THE FOLLOWING: SECTION 6. SECTION (A)(2) OF TITLE 23 IS AMENDED TO READ: EXPUNCTION OF INFORMATION OF PERPETRATOR WHO WAS UNDER 18 YEARS OF AGE WHEN CHILD ABUSE WAS COMMITTED. (A) GENERAL RULE.--THE NAME OF A PERPETRATOR WHO IS THE SUBJECT OF AN INDICATED REPORT OF CHILD ABUSE AND WHO WAS UNDER 18 YEARS OF AGE WHEN THE INDIVIDUAL COMMITTED CHILD ABUSE SHALL BE EXPUNGED FROM THE STATEWIDE DATABASE WHEN THE INDIVIDUAL REACHES 21 YEARS OF AGE OR WHEN FIVE YEARS HAVE ELAPSED SINCE THE PERPETRATOR'S NAME WAS ADDED TO THE DATABASE, WHICHEVER IS LATER, IF THE INDIVIDUAL MEETS ALL OF THE FOLLOWING: (2) THE INDIVIDUAL HAS NEVER BEEN CONVICTED OR ADJUDICATED DELINQUENT FOLLOWING A DETERMINATION BY THE COURT THAT THE INDIVIDUAL COMMITTED AN OFFENSE UNDER SECTION 6344(C) (RELATING TO [INFORMATION RELATING TO PROSPECTIVE CHILD-CARE PERSONNEL] EMPLOYEES HAVING CONTACT WITH CHILDREN; ADOPTIVE AND FOSTER PARENTS), AND NO PROCEEDING IS PENDING SEEKING SUCH CONVICTION OR ADJUDICATION. SECTION 7. SECTIONS 6339 AND 6340(A)(9)(I) AND (C) OF TITLE 23, AMENDED APRIL 7, 2014 (P.L.388, NO.29), ARE AMENDED TO READ: CONFIDENTIALITY OF REPORTS. EXCEPT AS OTHERWISE PROVIDED IN THIS SUBCHAPTER OR BY THE PENNSYLVANIA RULES OF JUVENILE COURT PROCEDURE, REPORTS MADE PURSUANT TO THIS CHAPTER, INCLUDING, BUT NOT LIMITED TO, REPORT 223

224 SUMMARIES OF CHILD ABUSE AND REPORTS MADE PURSUANT TO SECTION 6313 (RELATING TO REPORTING PROCEDURE) AS WELL AS ANY OTHER INFORMATION OBTAINED, REPORTS WRITTEN OR PHOTOGRAPHS OR X-RAYS TAKEN CONCERNING ALLEGED INSTANCES OF CHILD ABUSE IN THE POSSESSION OF THE DEPARTMENT OR A COUNTY AGENCY SHALL BE CONFIDENTIAL RELEASE OF INFORMATION IN CONFIDENTIAL REPORTS. (A) GENERAL RULE.--REPORTS SPECIFIED IN SECTION 6339 (RELATING TO CONFIDENTIALITY OF REPORTS) SHALL ONLY BE MADE AVAILABLE TO: (9) LAW ENFORCEMENT OFFICIALS OF ANY JURISDICTION, AS LONG AS THE INFORMATION IS RELEVANT IN THE COURSE OF INVESTIGATING CASES OF: (I) HOMICIDE OR OTHER CRIMINAL OFFENSE SET FORTH IN SECTION 6344(C) (RELATING TO [INFORMATION RELATING TO PROSPECTIVE CHILD-CARE PERSONNEL] EMPLOYEES HAVING CONTACT WITH CHILDREN; ADOPTIVE AND FOSTER PARENTS), SEXUAL ABUSE OR EXPLOITATION, BODILY INJURY OR SERIOUS BODILY INJURY CAUSED BY A PERPETRATOR OR NONPERPETRATOR. (C) PROTECTING IDENTITY.--EXCEPT FOR REPORTS UNDER SUBSECTION (A)(9) AND (10) AND IN RESPONSE TO A LAW ENFORCEMENT OFFICIAL INVESTIGATING ALLEGATIONS OF FALSE REPORTS UNDER 18 PA.C.S (RELATING TO FALSE REPORTS OF CHILD ABUSE), THE RELEASE OF DATA BY THE DEPARTMENT, COUNTY, INSTITUTION, SCHOOL, FACILITY OR AGENCY OR DESIGNATED AGENT OF THE PERSON IN CHARGE THAT WOULD IDENTIFY THE PERSON WHO MADE A REPORT OF SUSPECTED CHILD ABUSE OR WHO COOPERATED IN A SUBSEQUENT INVESTIGATION IS 224

225 PROHIBITED [UNLESS THE DEPARTMENT FINDS THAT THE RELEASE WILL NOT BE DETRIMENTAL TO THE SAFETY OF THE PERSON]. LAW ENFORCEMENT OFFICIALS SHALL TREAT ALL REPORTING SOURCES AS CONFIDENTIAL INFORMANTS. SECTION 8. SECTION 6344 HEADING, (A), (B), (C)(3), (D)(3), (4), (5) AND (6), (K), (L), (M), (N) AND (P) OF TITLE 23, AMENDED MAY 14, 2014 (P.L.653, NO.45), ARE AMENDED, SUBSECTION (D) IS AMENDED BY ADDING A PARAGRAPH AND THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ: [INFORMATION RELATING TO PROSPECTIVE CHILD-CARE PERSONNEL] EMPLOYEES HAVING CONTACT WITH CHILDREN; ADOPTIVE AND FOSTER PARENTS. (A) APPLICABILITY.--[THIS SECTION APPLIES TO ALL PROSPECTIVE EMPLOYEES OF CHILD-CARE SERVICES, PROSPECTIVE FOSTER PARENTS, PROSPECTIVE ADOPTIVE PARENTS, PROSPECTIVE SELF-EMPLOYED FAMILY DAY-CARE PROVIDERS AND OTHER PERSONS SEEKING TO PROVIDE CHILD- CARE SERVICES UNDER CONTRACT WITH A CHILD-CARE FACILITY OR PROGRAM. THIS SECTION ALSO APPLIES TO INDIVIDUALS 14 YEARS OF AGE OR OLDER WHO RESIDE IN THE HOME OF A PROSPECTIVE FOSTER PARENT FOR AT LEAST 30 DAYS IN A CALENDAR YEAR OR WHO RESIDE IN THE HOME OF A PROSPECTIVE ADOPTIVE PARENT FOR AT LEAST 30 DAYS IN A CALENDAR YEAR. THIS SECTION DOES NOT APPLY TO ADMINISTRATIVE OR OTHER SUPPORT PERSONNEL UNLESS THEIR DUTIES WILL INVOLVE DIRECT CONTACT WITH CHILDREN.] BEGINNING DECEMBER 31, 2014, THIS SECTION APPLIES TO THE FOLLOWING INDIVIDUALS: (1) AN EMPLOYEE OF CHILD-CARE SERVICES. (2) A FOSTER PARENT. (3) A PROSPECTIVE ADOPTIVE PARENT. 225

226 (4) A SELF-EMPLOYED FAMILY DAY-CARE PROVIDER. (5) AN INDIVIDUAL 14 YEARS OF AGE OR OLDER APPLYING FOR A PAID POSITION AS AN EMPLOYEE RESPONSIBLE FOR THE WELFARE OF A CHILD OR HAVING DIRECT CONTACT WITH CHILDREN. (6) ANY INDIVIDUAL SEEKING TO PROVIDE CHILD-CARE SERVICES UNDER CONTRACT WITH A CHILD-CARE FACILITY OR PROGRAM. (7) AN INDIVIDUAL 18 YEARS OF AGE OR OLDER WHO RESIDES IN THE HOME OF A FOSTER PARENT FOR AT LEAST 30 DAYS IN A CALENDAR YEAR OR WHO RESIDES IN THE HOME OF A PROSPECTIVE ADOPTIVE PARENT FOR AT LEAST 30 DAYS IN A CALENDAR YEAR. (A.1) SCHOOL EMPLOYEES.--THIS SECTION SHALL APPLY TO SCHOOL EMPLOYEES AS FOLLOWS: (1) SCHOOL EMPLOYEES GOVERNED BY THE PROVISIONS OF THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, SHALL BE SUBJECT TO THE PROVISIONS OF SECTION 111 OF THE PUBLIC SCHOOL CODE OF 1949, EXCEPT THAT THIS SECTION SHALL APPLY WITH REGARD TO THE INFORMATION REQUIRED UNDER SUBSECTION (B)(2). (2) SCHOOL EMPLOYEES NOT GOVERNED BY THE PROVISIONS OF THE PUBLIC SCHOOL CODE OF 1949 SHALL BE GOVERNED BY THIS SECTION. (B) INFORMATION TO BE SUBMITTED.--AN INDIVIDUAL IDENTIFIED IN SUBSECTION [(A)(6)] (A)(7) AT THE TIME THE INDIVIDUAL MEETS THE DESCRIPTION SET FORTH IN SUBSECTION [(A)(6)] (A)(7) AND AN INDIVIDUAL [APPLYING TO SERVE IN ANY CAPACITY] IDENTIFIED IN SUBSECTION (A)(1), (2), (3), (4) [OR], (5) OR (6) OR (A.1) PRIOR TO THE COMMENCEMENT OF EMPLOYMENT OR SERVICE SHALL BE REQUIRED TO SUBMIT THE FOLLOWING INFORMATION [OBTAINED WITHIN THE 226

227 PRECEDING ONE-YEAR PERIOD:] TO AN EMPLOYER, ADMINISTRATOR, SUPERVISOR OR OTHER PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS OR INVOLVED IN THE SELECTION OF VOLUNTEERS: (1) PURSUANT TO 18 PA.C.S. CH. 91 (RELATING TO CRIMINAL HISTORY RECORD INFORMATION), A REPORT OF CRIMINAL HISTORY RECORD INFORMATION FROM THE PENNSYLVANIA STATE POLICE OR A STATEMENT FROM THE PENNSYLVANIA STATE POLICE THAT THE STATE POLICE CENTRAL REPOSITORY CONTAINS NO SUCH INFORMATION RELATING TO THAT PERSON. THE CRIMINAL HISTORY RECORD INFORMATION SHALL BE LIMITED TO THAT WHICH IS DISSEMINATED PURSUANT TO 18 PA.C.S. 9121(B)(2) (RELATING TO GENERAL REGULATIONS). (2) A CERTIFICATION FROM THE DEPARTMENT AS TO WHETHER THE APPLICANT IS NAMED IN THE STATEWIDE DATABASE AS THE ALLEGED PERPETRATOR IN A PENDING CHILD ABUSE INVESTIGATION OR AS THE PERPETRATOR OF A FOUNDED REPORT [OF CHILD ABUSE] OR AN INDICATED REPORT [OF CHILD ABUSE]. (3) A REPORT OF FEDERAL CRIMINAL HISTORY RECORD INFORMATION. THE APPLICANT SHALL SUBMIT A FULL SET OF FINGERPRINTS [IN A MANNER PRESCRIBED BY THE DEPARTMENT. THE COMMONWEALTH SHALL SUBMIT THE FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION IN ORDER TO OBTAIN A REPORT OF FEDERAL CRIMINAL HISTORY RECORD INFORMATION AND SERVE AS INTERMEDIARY FOR THE PURPOSES OF THIS SECTION.] TO THE PENNSYLVANIA STATE POLICE FOR THE PURPOSE OF A RECORD CHECK, AND THE PENNSYLVANIA STATE POLICE OR ITS AUTHORIZED AGENT SHALL SUBMIT THE FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION FOR THE PURPOSE OF VERIFYING THE IDENTITY OF THE APPLICANT AND OBTAINING A CURRENT RECORD OF ANY CRIMINAL 227

228 ARRESTS AND CONVICTIONS. [FOR THE PURPOSES OF THIS SUBSECTION, AN APPLICANT MAY SUBMIT A COPY OF THE INFORMATION REQUIRED UNDER PARAGRAPHS (1) AND (2) WITH AN APPLICATION FOR EMPLOYMENT. ADMINISTRATORS SHALL MAINTAIN A COPY OF THE REQUIRED INFORMATION AND SHALL REQUIRE APPLICANTS TO PRODUCE THE ORIGINAL DOCUMENT PRIOR TO EMPLOYMENT.] (B.1) REQUIRED DOCUMENTATION TO BE MAINTAINED AND PRODUCED.- -THE EMPLOYER, ADMINISTRATOR, SUPERVISOR OR OTHER PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS OR ACCEPTANCE OF THE INDIVIDUAL TO SERVE IN ANY CAPACITY IDENTIFIED IN SUBSECTION (A)(1), (2), (3), (4), (5) OR (6) OR (A.1) SHALL MAINTAIN A COPY OF THE REQUIRED INFORMATION AND REQUIRE THE INDIVIDUAL TO PRODUCE THE ORIGINAL DOCUMENT PRIOR TO EMPLOYMENT OR ACCEPTANCE TO SERVE IN ANY SUCH CAPACITY, EXCEPT AS ALLOWED UNDER SUBSECTION (M). (B.2) INVESTIGATION.--AN EMPLOYER, ADMINISTRATOR, SUPERVISOR OR OTHER PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS SHALL REQUIRE AN APPLICANT TO SUBMIT THE REQUIRED DOCUMENTATION SET FORTH IN THIS CHAPTER. AN EMPLOYER, ADMINISTRATOR, SUPERVISOR OR OTHER PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS THAT INTENTIONALLY FAILS TO REQUIRE AN APPLICANT TO SUBMIT THE REQUIRED DOCUMENTATION BEFORE THE APPLICANT'S HIRING COMMITS A MISDEMEANOR OF THE THIRD DEGREE. (C) GROUNDS FOR DENYING EMPLOYMENT OR PARTICIPATION IN PROGRAM, ACTIVITY OR SERVICE.-- (3) IN NO CASE SHALL AN [ADMINISTRATOR] EMPLOYER, ADMINISTRATOR, SUPERVISOR OR OTHER PERSON RESPONSIBLE FOR 228

229 EMPLOYMENT DECISIONS HIRE OR APPROVE AN APPLICANT IF THE APPLICANT'S CRIMINAL HISTORY RECORD INFORMATION INDICATES THE APPLICANT HAS BEEN CONVICTED OF A FELONY OFFENSE UNDER THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, COMMITTED WITHIN THE FIVE-YEAR PERIOD IMMEDIATELY PRECEDING VERIFICATION UNDER THIS SECTION. (C.1) DISMISSAL.--IF THE INFORMATION OBTAINED PURSUANT TO SUBSECTION (B) REVEALS THAT THE APPLICANT IS DISQUALIFIED FROM EMPLOYMENT OR APPROVAL PURSUANT TO SUBSECTION (C), THE APPLICANT SHALL BE IMMEDIATELY DISMISSED FROM EMPLOYMENT OR APPROVAL. (D) PROSPECTIVE ADOPTIVE OR FOSTER PARENTS.--WITH REGARD TO PROSPECTIVE ADOPTIVE OR PROSPECTIVE FOSTER PARENTS, THE FOLLOWING SHALL APPLY: [(3) FOSTER PARENTS AND ANY INDIVIDUAL OVER 18 YEARS OF AGE RESIDING IN THE HOME SHALL BE REQUIRED TO SUBMIT THE INFORMATION SET FORTH IN SUBSECTION (B) EVERY 24 MONTHS FOLLOWING APPROVAL FOR REVIEW BY THE FOSTER FAMILY CARE AGENCY IN ACCORDANCE WITH SUBSECTION (C). (4) FOSTER PARENTS SHALL BE REQUIRED TO REPORT, WITHIN 48 HOURS, ANY CHANGE IN INFORMATION REQUIRED PURSUANT TO SUBSECTION (B) ABOUT THEMSELVES AND ANY INDIVIDUALS OVER THE AGE OF 18 YEARS RESIDING IN THE HOME FOR REVIEW BY THE FOSTER FAMILY CARE AGENCY IN ACCORDANCE WITH SUBSECTION (C).] (4.1) IF A FOSTER PARENT IS ARRESTED FOR OR CONVICTED OF AN OFFENSE THAT WOULD CONSTITUTE GROUNDS FOR DENYING APPROVAL UNDER THIS CHAPTER, OR IS NAMED AS A PERPETRATOR IN A FOUNDED OR INDICATED REPORT, THE FOSTER PARENT SHALL PROVIDE THE 229

230 FOSTER FAMILY CARE AGENCY WITH WRITTEN NOTICE NOT LATER THAN 72 HOURS AFTER THE ARREST, CONVICTION OR NOTIFICATION THAT THE FOSTER PARENT WAS NAMED AS A PERPETRATOR IN THE STATEWIDE DATABASE. (5) FOSTER PARENTS SHALL BE REQUIRED TO REPORT ANY OTHER CHANGE IN THE FOSTER FAMILY HOUSEHOLD COMPOSITION WITHIN 30 DAYS OF THE CHANGE FOR REVIEW BY THE FOSTER FAMILY CARE AGENCY. IF ANY INDIVIDUAL OVER 18 YEARS OF AGE, WHO HAS RESIDED OUTSIDE THIS COMMONWEALTH AT ANY TIME WITHIN THE PREVIOUS FIVE-YEAR PERIOD, BEGINS RESIDING IN THE HOME OF AN APPROVED FOSTER FAMILY, THAT INDIVIDUAL SHALL, WITHIN 30 DAYS OF BEGINNING RESIDENCE, SUBMIT TO THE FOSTER FAMILY CARE AGENCY A CERTIFICATION OBTAINED [WITHIN THE PREVIOUS ONE-YEAR PERIOD] FROM THE STATEWIDE [CENTRAL REGISTRY] DATABASE, OR ITS EQUIVALENT IN EACH STATE IN WHICH THE PERSON HAS RESIDED WITHIN THE PREVIOUS FIVE-YEAR PERIOD, AS TO WHETHER THE PERSON IS NAMED AS A PERPETRATOR [OF CHILD ABUSE]. IF THE CERTIFICATION SHOWS THAT THE PERSON IS NAMED AS A PERPETRATOR [OF CHILD ABUSE] WITHIN THE PREVIOUS FIVE-YEAR PERIOD, THE FOSTER FAMILY CARE AGENCY SHALL FORWARD THE CERTIFICATION TO THE DEPARTMENT FOR REVIEW. IF THE DEPARTMENT DETERMINES THAT THE PERSON IS NAMED AS THE EQUIVALENT OF A PERPETRATOR OF A FOUNDED REPORT [OF CHILD ABUSE] WITHIN THE PREVIOUS FIVE-YEAR PERIOD AND THE PERSON DOES NOT CEASE RESIDING IN THE HOME IMMEDIATELY, THE [FOSTER CHILD OR CHILDREN SHALL IMMEDIATELY BE REMOVED FROM THE HOME WITHOUT A HEARING.] COUNTY AGENCY SHALL IMMEDIATELY SEEK COURT AUTHORIZATION TO REMOVE THE FOSTER CHILD OR CHILDREN FROM THE HOME. IN EMERGENCY SITUATIONS WHEN A JUDGE CANNOT BE REACHED, THE COUNTY AGENCY 230

231 SHALL PROCEED IN ACCORDANCE WITH THE PENNSYLVANIA RULES OF JUVENILE COURT PROCEDURE. (6) IN CASES WHERE FOSTER PARENTS KNOWINGLY FAIL TO SUBMIT THE MATERIAL INFORMATION REQUIRED IN PARAGRAPHS [(3), (4)] (4.1) AND (5) AND SECTION (RELATING TO CERTIFICATION COMPLIANCE) SUCH THAT IT WOULD DISQUALIFY THEM AS FOSTER PARENTS, THE [CHILD SHALL IMMEDIATELY BE REMOVED FROM THE HOME WITHOUT A HEARING.] COUNTY AGENCY SHALL IMMEDIATELY SEEK COURT AUTHORIZATION TO REMOVE THE FOSTER CHILD OR CHILDREN FROM THE HOME. IN EMERGENCY SITUATIONS WHEN A JUDGE CANNOT BE REACHED, THE COUNTY AGENCY SHALL PROCEED IN ACCORDANCE WITH THE PENNSYLVANIA RULES OF JUVENILE COURT PROCEDURE. [(K) EXISTING OR TRANSFERRED EMPLOYEES.--A PERSON EMPLOYED IN CHILD-CARE SERVICES ON JULY 1, 2008, SHALL NOT BE REQUIRED TO OBTAIN THE INFORMATION REQUIRED IN SUBSECTION (B) AS A CONDITION OF CONTINUED EMPLOYMENT. A PERSON WHO HAS ONCE OBTAINED THE INFORMATION REQUIRED UNDER SUBSECTION (B) MAY TRANSFER TO ANOTHER CHILD-CARE SERVICE ESTABLISHED AND SUPERVISED BY THE SAME ORGANIZATION AND SHALL NOT BE REQUIRED TO OBTAIN ADDITIONAL REPORTS BEFORE MAKING THE TRANSFER. (L) TEMPORARY EMPLOYEES UNDER SPECIAL PROGRAMS.--THE REQUIREMENTS OF THIS SECTION DO NOT APPLY TO EMPLOYEES OF CHILD- CARE SERVICES WHO MEET ALL THE FOLLOWING REQUIREMENTS: (1) THEY ARE UNDER 21 YEARS OF AGE. (2) THEY ARE EMPLOYED FOR PERIODS OF 90 DAYS OR LESS. (3) THEY ARE A PART OF A JOB DEVELOPMENT OR JOB TRAINING PROGRAM FUNDED, IN WHOLE OR IN PART, BY PUBLIC OR PRIVATE 231

232 SOURCES. ONCE EMPLOYMENT OF A PERSON WHO MEETS THESE CONDITIONS EXTENDS BEYOND 90 DAYS, ALL REQUIREMENTS OF THIS SECTION SHALL TAKE EFFECT.] (M) PROVISIONAL EMPLOYEES FOR LIMITED PERIODS.-- NOTWITHSTANDING SUBSECTION (B), [ADMINISTRATORS] EMPLOYERS, ADMINISTRATORS, SUPERVISORS OR OTHER PERSONS RESPONSIBLE FOR EMPLOYMENT DECISIONS MAY EMPLOY APPLICANTS ON A PROVISIONAL BASIS FOR A SINGLE PERIOD NOT TO EXCEED [30 DAYS OR, FOR OUT-OF- STATE APPLICANTS, A PERIOD OF] 90 DAYS, IF ALL OF THE FOLLOWING CONDITIONS ARE MET: (1) THE APPLICANT HAS APPLIED FOR THE INFORMATION REQUIRED UNDER SUBSECTION (B) AND THE APPLICANT PROVIDES A COPY OF THE APPROPRIATE COMPLETED REQUEST FORMS TO THE [ADMINISTRATOR] EMPLOYER, ADMINISTRATOR, SUPERVISOR OR OTHER PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS. (2) THE [ADMINISTRATOR] EMPLOYER, ADMINISTRATOR, SUPERVISOR OR OTHER PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS HAS NO KNOWLEDGE OF INFORMATION PERTAINING TO THE APPLICANT WHICH WOULD DISQUALIFY HIM FROM EMPLOYMENT PURSUANT TO SUBSECTION (C). (3) THE APPLICANT SWEARS OR AFFIRMS IN WRITING THAT HE IS NOT DISQUALIFIED FROM EMPLOYMENT PURSUANT TO SUBSECTION (C)[.] OR HAS NOT BEEN CONVICTED OF AN OFFENSE SIMILAR IN NATURE TO THOSE CRIMES LISTED IN SUBSECTION (C) UNDER THE LAWS OR FORMER LAWS OF THE UNITED STATES OR ONE OF ITS TERRITORIES OR POSSESSIONS, ANOTHER STATE, THE DISTRICT OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO OR A FOREIGN NATION, OR UNDER A FORMER LAW OF THIS COMMONWEALTH. 232

233 (4) IF THE INFORMATION OBTAINED PURSUANT TO SUBSECTION (B) REVEALS THAT THE APPLICANT IS DISQUALIFIED FROM EMPLOYMENT PURSUANT TO SUBSECTION (C), THE APPLICANT SHALL BE IMMEDIATELY DISMISSED BY THE [ADMINISTRATOR] EMPLOYER, ADMINISTRATOR, SUPERVISOR OR OTHER PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS. (5) THE [ADMINISTRATOR] EMPLOYER, ADMINISTRATOR, SUPERVISOR OR OTHER PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS REQUIRES THAT THE APPLICANT NOT BE PERMITTED TO WORK ALONE WITH CHILDREN AND THAT THE APPLICANT WORK IN THE IMMEDIATE VICINITY OF A PERMANENT EMPLOYEE. (N) CONFIDENTIALITY.--THE INFORMATION PROVIDED AND COMPILED UNDER THIS SECTION, INCLUDING, BUT NOT LIMITED TO, THE NAMES, ADDRESSES AND TELEPHONE NUMBERS OF APPLICANTS AND FOSTER AND ADOPTIVE PARENTS, SHALL BE CONFIDENTIAL AND SHALL NOT BE SUBJECT TO THE ACT OF [JUNE 21, 1957 (P.L.390, NO.212), REFERRED TO AS THE RIGHT-TO-KNOW LAW] FEBRUARY 14, 2008 (P.L.6, NO.3), KNOWN AS THE RIGHT-TO-KNOW LAW. THIS INFORMATION SHALL NOT BE RELEASED EXCEPT AS PERMITTED BY THE DEPARTMENT THROUGH REGULATION. (P) USE OF INFORMATION.--A PROSPECTIVE ADOPTIVE PARENT MAY NOT BE APPROVED IF THE PROSPECTIVE ADOPTIVE PARENT OR AN INDIVIDUAL [14] 18 YEARS OF AGE OR OLDER WHO RESIDES FOR AT LEAST 30 DAYS IN A CALENDAR YEAR WITH THE PROSPECTIVE ADOPTIVE PARENT MEETS EITHER OF THE FOLLOWING: (1) IS NAMED IN THE STATEWIDE DATABASE AS THE PERPETRATOR OF A FOUNDED REPORT COMMITTED WITHIN THE FIVE- YEAR PERIOD IMMEDIATELY PRECEDING VERIFICATION PURSUANT TO THIS SECTION. 233

234 (2) HAS BEEN FOUND GUILTY OF AN OFFENSE LISTED IN SUBSECTION (C). SECTION 9. SECTION HEADING AND (A), (B) AND (C) OF TITLE 23, AMENDED APRIL 14, 2014 (P.L.388, NO.29) AND MAY 14, 2014 (P.L.653, NO.45), ARE AMENDED TO READ: INFORMATION RELATING TO [FAMILY] CERTIFIED OR REGISTERED DAY-CARE HOME RESIDENTS. (A) GENERAL RULE.--IN ADDITION TO THE REQUIREMENTS OF SECTION 6344 (RELATING TO [INFORMATION RELATING TO PROSPECTIVE CHILD-CARE PERSONNEL] EMPLOYEES HAVING CONTACT WITH CHILDREN; ADOPTIVE AND FOSTER PARENTS), AN INDIVIDUAL WHO APPLIES TO THE DEPARTMENT FOR A CERTIFICATE OF COMPLIANCE OR A REGISTRATION CERTIFICATE TO [OPERATE A FAMILY DAY-CARE HOME] PROVIDE CHILD DAY CARE IN A RESIDENCE SHALL INCLUDE CRIMINAL HISTORY RECORD AND CHILD ABUSE RECORD INFORMATION REQUIRED UNDER SECTION 6344(B) FOR EVERY INDIVIDUAL 18 YEARS OF AGE OR OLDER WHO RESIDES IN THE HOME FOR AT LEAST 30 DAYS IN A CALENDAR YEAR. (B) REQUIRED INFORMATION.--CHILD ABUSE RECORD INFORMATION REQUIRED UNDER SUBSECTION (A) SHALL INCLUDE CERTIFICATION BY THE DEPARTMENT AS TO WHETHER THE APPLICANT IS NAMED IN THE STATEWIDE DATABASE AS THE PERPETRATOR OF A FOUNDED REPORT OR AN INDICATED REPORT [OF CHILD ABUSE]. (C) EFFECT ON CERTIFICATION OR REGISTRATION.--THE DEPARTMENT SHALL REFUSE TO ISSUE OR RENEW A CERTIFICATE OF COMPLIANCE OR REGISTRATION CERTIFICATE OR SHALL REVOKE A CERTIFICATE OF COMPLIANCE OR REGISTRATION CERTIFICATE IF THE [FAMILY] DAY-CARE HOME PROVIDER OR INDIVIDUAL 18 YEARS OF AGE OR OLDER WHO HAS RESIDED IN THE HOME FOR AT LEAST 30 DAYS IN A CALENDAR YEAR: (1) IS NAMED IN THE STATEWIDE DATABASE [ON CHILD ABUSE 234

235 ESTABLISHED UNDER CHAPTER 63 (RELATING TO CHILD PROTECTIVE SERVICES)] AS THE PERPETRATOR OF A FOUNDED REPORT COMMITTED WITHIN THE IMMEDIATELY PRECEDING FIVE-YEAR PERIOD; OR (2) HAS BEEN CONVICTED OF AN OFFENSE ENUMERATED IN SECTION 6344(C). SECTION 10. SECTION OF TITLE 23, AMENDED MAY 14, 2014 (P.L.653, NO.45), IS AMENDED TO READ: [INFORMATION RELATING TO OTHER PERSONS] VOLUNTEERS HAVING CONTACT WITH CHILDREN. (A) APPLICABILITY.--[THIS SECTION APPLIES TO PROSPECTIVE EMPLOYEES APPLYING TO ENGAGE IN OCCUPATIONS WITH A SIGNIFICANT LIKELIHOOD OF REGULAR CONTACT WITH CHILDREN, IN THE FORM OF CARE, GUIDANCE, SUPERVISION OR TRAINING. SUCH PERSONS INCLUDE SOCIAL SERVICE WORKERS, HOSPITAL PERSONNEL, MENTAL HEALTH PROFESSIONALS, MEMBERS OF THE CLERGY, COUNSELORS, LIBRARIANS AND DOCTORS.] THIS SECTION APPLIES TO AN ADULT APPLYING FOR AN UNPAID POSITION AS A VOLUNTEER RESPONSIBLE FOR THE WELFARE OF A CHILD OR HAVING DIRECT CONTACT WITH CHILDREN. [(A.1) SCHOOL EMPLOYEES.--THIS SECTION SHALL APPLY TO SCHOOL EMPLOYEES AS FOLLOWS: (1) SCHOOL EMPLOYEES GOVERNED BY THE PROVISIONS OF THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, SHALL BE SUBJECT TO THE PROVISIONS OF SECTION 111 OF THE PUBLIC SCHOOL CODE OF 1949, EXCEPT THAT THIS SECTION SHALL APPLY WITH REGARD TO THE INFORMATION REQUIRED UNDER SECTION 6344(B)(2) (RELATING TO INFORMATION RELATING TO PROSPECTIVE CHILD-CARE PERSONNEL). (2) SCHOOL EMPLOYEES NOT GOVERNED BY THE PROVISIONS OF 235

236 THE PUBLIC SCHOOL CODE OF 1949 SHALL BE GOVERNED BY THIS SECTION.] (B) INVESTIGATION.--EMPLOYERS, ADMINISTRATORS [OR], SUPERVISORS OR OTHER PERSONS RESPONSIBLE FOR [EMPLOYMENT DECISIONS OR] SELECTION OF VOLUNTEERS SHALL REQUIRE AN APPLICANT TO SUBMIT TO ALL REQUIREMENTS SET FORTH IN SECTION 6344(B) (RELATING TO EMPLOYEES HAVING CONTACT WITH CHILDREN; ADOPTIVE AND FOSTER PARENTS) EXCEPT AS PROVIDED IN SUBSECTION (B.1). AN EMPLOYER, ADMINISTRATOR, SUPERVISOR OR OTHER PERSON RESPONSIBLE FOR [EMPLOYMENT DECISIONS OR] SELECTION OF VOLUNTEERS REGARDING AN APPLICABLE PROSPECTIVE [EMPLOYEE OR] VOLUNTEER UNDER THIS SECTION THAT INTENTIONALLY FAILS TO REQUIRE THE SUBMISSIONS BEFORE HIRING THAT INDIVIDUAL COMMITS A MISDEMEANOR OF THE THIRD DEGREE. (B.1) EXCEPTION.-- (1) A PERSON RESPONSIBLE FOR THE SELECTION OF VOLUNTEERS UNDER THIS CHAPTER SHALL REQUIRE AN APPLICABLE PROSPECTIVE VOLUNTEER PRIOR TO THE COMMENCEMENT OF SERVICE TO SUBMIT ONLY THE INFORMATION UNDER SECTION 6344(B)(1) AND (2), IF THE FOLLOWING APPLY: (I) THE POSITION THE PROSPECTIVE VOLUNTEER IS APPLYING FOR IS UNPAID. (II) THE PROSPECTIVE VOLUNTEER HAS BEEN A RESIDENT OF THIS COMMONWEALTH DURING THE ENTIRETY OF THE PREVIOUS TEN-YEAR PERIOD. (III) THE PROSPECTIVE VOLUNTEER SWEARS OR AFFIRMS IN WRITING THAT THE PROSPECTIVE VOLUNTEER IS NOT DISQUALIFIED FROM SERVICE PURSUANT TO SECTION 6344(C) OR HAS NOT BEEN CONVICTED OF AN OFFENSE SIMILAR IN NATURE TO 236

237 THOSE CRIMES LISTED IN SECTION 6344(C) UNDER THE LAWS OR FORMER LAWS OF THE UNITED STATES OR ONE OF ITS TERRITORIES OR POSSESSIONS, ANOTHER STATE, THE DISTRICT OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO OR A FOREIGN NATION, OR UNDER A FORMER LAW OF THIS COMMONWEALTH. (2) IF THE INFORMATION OBTAINED PURSUANT TO SECTION 6344(B) REVEALS THAT THE PROSPECTIVE VOLUNTEER APPLICANT IS DISQUALIFIED FROM SERVICE PURSUANT TO SECTION 6344(C), THE APPLICANT SHALL NOT BE APPROVED FOR SERVICE. (C) GROUNDS FOR DENIAL.--EACH [APPLICANT] PROSPECTIVE VOLUNTEER SHALL BE SUBJECT TO THE REQUIREMENTS OF SECTION 6344(C). (D) DEPARTMENTAL TREATMENT OF INFORMATION.--INFORMATION PROVIDED AND COMPILED UNDER THIS SECTION BY THE DEPARTMENT SHALL BE CONFIDENTIAL AND SHALL NOT BE SUBJECT TO THE ACT OF [JUNE 21, 1957 (P.L.390, NO.212), REFERRED TO AS THE RIGHT-TO-KNOW LAW] FEBRUARY 14, 2008 (P.L.6, NO.3), KNOWN AS THE RIGHT-TO-KNOW LAW. THIS INFORMATION SHALL NOT BE RELEASED EXCEPT AS PERMITTED BY THE DEPARTMENT THROUGH REGULATION. THE DEPARTMENT MAY CHARGE A FEE TO CONDUCT A CERTIFICATION AS REQUIRED BY SECTION 6344(B)(2) IN ACCORDANCE WITH THE PROVISIONS OF SECTION 6344(H). THE DEPARTMENT SHALL PROMULGATE REGULATIONS NECESSARY TO CARRY OUT THIS SUBSECTION. (E) CONSTRUCTION.--NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT AN ORGANIZATION FROM REQUIRING ADDITIONAL INFORMATION AS PART OF THE CLEARANCE PROCESS FOR VOLUNTEERS WHO ARE RESPONSIBLE FOR THE WELFARE OF A CHILD OR HAVE DIRECT CONTACT WITH CHILDREN. (F) PROVISIONAL CLEARANCES FOR VOLUNTEERS.--EMPLOYERS, 237

238 ADMINISTRATORS, SUPERVISORS OR OTHER PERSONS RESPONSIBLE FOR SELECTION OF VOLUNTEERS MAY ALLOW A VOLUNTEER TO SERVE ON A PROVISIONAL BASIS FOR A SINGLE PERIOD NOT TO EXCEED 30 DAYS IF THE VOLUNTEER IS IN COMPLIANCE WITH THE CLEARANCE STANDARDS UNDER THE LAW OF THE JURISDICTION WHERE THE VOLUNTEER IS DOMICILED. SECTION 11. TITLE 23 IS AMENDED BY ADDING SECTIONS TO READ: Continued employment or participation in program, activity or service. (A) (RESERVED). (B) (RESERVED). (C) (RESERVED). (D) (RESERVED). (E) NONINTERFERENCE WITH DECISIONS.--NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO OTHERWISE INTERFERE WITH THE ABILITY OF AN EMPLOYER OR PROGRAM, ACTIVITY OR SERVICE TO MAKE EMPLOYMENT, DISCIPLINE OR TERMINATION DECISIONS OR ESTABLISHING ADDITIONAL CLEARANCE STANDARDS. (F) TRANSFER.-- (1) ANY PERSON WHO HAS OBTAINED THE INFORMATION REQUIRED UNDER THIS CHAPTER MAY TRANSFER OR PROVIDE SERVICES TO ANOTHER SUBSIDIARY OR BRANCH ESTABLISHED AND SUPERVISED BY THE SAME ORGANIZATION, OR SERVE IN A VOLUNTEER CAPACITY FOR ANY PROGRAM, SERVICE OR ACTIVITY, DURING THE LENGTH OF TIME THE PERSON'S CERTIFICATION IS CURRENT PURSUANT TO SECTION (RELATING TO CERTIFICATION COMPLIANCE). (2) ANY EMPLOYEE WHO BEGINS EMPLOYMENT WITH A NEW AGENCY, INSTITUTION, ORGANIZATION OR OTHER ENTITY THAT IS RESPONSIBLE FOR THE CARE, SUPERVISION, GUIDANCE OR CONTROL OF 238

239 CHILDREN SHALL BE REQUIRED TO OBTAIN A NEW CERTIFICATION OF COMPLIANCE AS REQUIRED BY THIS CHAPTER. (G) WRITTEN NOTICE OF NEW ARREST, CONVICTION OR SUBSTANTIATED CHILD ABUSE.-- (1) IF AN EMPLOYEE OR VOLUNTEER SUBJECT TO SECTION 6344 (RELATING TO EMPLOYEES HAVING CONTACT WITH CHILDREN; ADOPTIVE AND FOSTER PARENTS) OR (RELATING TO VOLUNTEERS HAVING CONTACT WITH CHILDREN) IS ARRESTED FOR OR CONVICTED OF AN OFFENSE THAT WOULD CONSTITUTE GROUNDS FOR DENYING EMPLOYMENT OR PARTICIPATION IN A PROGRAM, ACTIVITY OR SERVICE UNDER THIS CHAPTER, OR IS NAMED AS PERPETRATOR IN A FOUNDED OR INDICATED REPORT, THE EMPLOYEE OR VOLUNTEER SHALL PROVIDE THE ADMINISTRATOR OR DESIGNEE WITH WRITTEN NOTICE NOT LATER THAN 72 HOURS AFTER THE ARREST, CONVICTION OR NOTIFICATION THAT THE PERSON HAS BEEN LISTED AS A PERPETRATOR IN THE STATEWIDE DATABASE. (2) IF THE PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS OR THE ADMINISTRATOR OF A PROGRAM, ACTIVITY OR SERVICE HAS A REASONABLE BELIEF THAT AN EMPLOYEE OR VOLUNTEER WAS ARRESTED OR CONVICTED FOR AN OFFENSE THAT WOULD CONSTITUTE GROUNDS FOR DENYING EMPLOYMENT OR PARTICIPATION IN A PROGRAM, ACTIVITY OR SERVICE UNDER THIS CHAPTER, OR WAS NAMED AS PERPETRATOR IN A FOUNDED OR INDICATED REPORT, OR THE EMPLOYEE OR VOLUNTEER HAS PROVIDED NOTICE AS REQUIRED UNDER THIS SECTION, THE PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS OR ADMINISTRATOR OF A PROGRAM, ACTIVITY OR SERVICE SHALL IMMEDIATELY REQUIRE THE EMPLOYEE OR VOLUNTEER TO SUBMIT CURRENT INFORMATION AS REQUIRED UNDER SUBSECTION 6344(B). THE COST OF THE INFORMATION SET FORTH IN SUBSECTION 6344(B) SHALL BE BORNE BY 239

240 THE EMPLOYING ENTITY OR PROGRAM, ACTIVITY OR SERVICE. (H) EFFECT OF NONCOMPLIANCE.--AN EMPLOYEE OR VOLUNTEER WHO WILLFULLY FAILS TO DISCLOSE INFORMATION REQUIRED BY SUBSECTION (G)(1) COMMITS A MISDEMEANOR OF THE THIRD DEGREE AND SHALL BE SUBJECT TO DISCIPLINE UP TO AND INCLUDING TERMINATION OR DENIAL OF EMPLOYMENT OR VOLUNTEER POSITION CERTIFICATION COMPLIANCE. NEW CERTIFICATIONS SHALL BE OBTAINED IN ACCORDANCE WITH THE FOLLOWING: (1) EFFECTIVE DECEMBER 31, 2014: (I) A PERSON IDENTIFIED IN SECTION 6344 (RELATING TO EMPLOYEES HAVING CONTACT WITH CHILDREN; ADOPTIVE AND FOSTER PARENTS) SHALL BE REQUIRED TO OBTAIN THE CERTIFICATIONS REQUIRED BY THIS CHAPTER EVERY 36 MONTHS. (II) SCHOOL EMPLOYEES IDENTIFIED IN SECTION 6344(A.1)(1) SHALL BE REQUIRED TO OBTAIN REPORTS UNDER SECTION 111 OF THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, EVERY 36 MONTHS. (III) ANY PERSON IDENTIFIED IN SECTION 6344 WITH A CURRENT CERTIFICATION ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION SHALL BE REQUIRED TO OBTAIN THE CERTIFICATIONS REQUIRED BY THIS CHAPTER WITHIN 36 MONTHS FROM THE DATE OF THEIR MOST RECENT CERTIFICATION, OR, IF THE CURRENT CERTIFICATION IS OLDER THAN 36 MONTHS, WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION. (2) EFFECTIVE JULY 1, 2015, A PERSON IDENTIFIED IN SECTION (RELATING TO VOLUNTEERS HAVING CONTACT WITH CHILDREN) SHALL BE REQUIRED TO OBTAIN THE CERTIFICATIONS REQUIRED BY THIS CHAPTER EVERY 36 MONTHS. 240

241 SECTION 12. SECTION 6349(C) OF TITLE 23 IS AMENDED TO READ: PENALTIES. (C) NONCOMPLIANCE WITH CHILD-CARE PERSONNEL REGULATIONS.--AN ADMINISTRATOR, OR OTHER PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS IN A CHILD-CARE FACILITY OR PROGRAM, WHO WILLFULLY FAILS TO COMPLY WITH THE PROVISIONS OF SECTION 6344 (RELATING TO [INFORMATION RELATING TO PROSPECTIVE CHILD-CARE PERSONNEL] EMPLOYEES HAVING CONTACT WITH CHILDREN; ADOPTIVE AND FOSTER PARENTS) COMMITS A VIOLATION OF THIS CHAPTER AND SHALL BE SUBJECT TO A CIVIL PENALTY AS PROVIDED IN THIS SUBSECTION. THE DEPARTMENT SHALL HAVE JURISDICTION TO DETERMINE VIOLATIONS OF SECTION 6344 AND MAY, FOLLOWING A HEARING, ASSESS A CIVIL PENALTY NOT TO EXCEED $2,500. THE CIVIL PENALTY SHALL BE PAYABLE TO THE COMMONWEALTH. SECTION 13. SECTION 6383(A.2) OF TITLE 23, ADDED APRIL 15, 2014 (P.L.417, NO.33), IS AMENDED TO READ: EDUCATION AND TRAINING. (A.2) INFORMATION FOR MANDATED AND PERMISSIVE REPORTERS.-- (3) THE DEPARTMENT SHALL INCLUDE THE FOLLOWING WITH ALL CERTIFICATIONS PROVIDED PURSUANT TO SECTION 6344(B)(2) (RELATING TO [INFORMATION RELATING TO PROSPECTIVE CHILD-CARE PERSONNEL] EMPLOYEES HAVING CONTACT WITH CHILDREN; ADOPTIVE AND FOSTER PARENTS): (I) INFORMATION THAT CERTAIN PERSONS ARE REQUIRED BY LAW TO REPORT SUSPECTED CHILD ABUSE. (II) THE INTERNET ADDRESS WHERE THE INFORMATION AND 241

242 GUIDANCE REQUIRED BY THIS SUBSECTION CAN BE OBTAINED. (III) A TELEPHONE NUMBER AND MAILING ADDRESS WHERE GUIDANCE MATERIALS CAN BE REQUESTED BY INDIVIDUALS WHO CANNOT ACCESS THE DEPARTMENT'S INTERNET WEBSITE. SECTION 14. SECTION (A) OF TITLE 42 IS AMENDED TO READ: AUTHORITY OF COURT UPON PETITION TO REMOVE CHILD FROM FOSTER PARENT. (A) ORDER REQUIRED.--NOTWITHSTANDING SECTIONS 6324 (RELATING TO TAKING INTO CUSTODY) AND 6351(A) (RELATING TO DISPOSITION OF DEPENDENT CHILD), IF A COUNTY AGENCY PETITIONS THE COURT FOR REMOVAL OF A CHILD BECAUSE THE FOSTER PARENT HAS BEEN CONVICTED OF AN OFFENSE SET FORTH IN 23 PA.C.S. 6344(C) (RELATING TO [INFORMATION RELATING TO PROSPECTIVE CHILD-CARE PERSONNEL] EMPLOYEES HAVING CONTACT WITH CHILDREN; ADOPTIVE AND FOSTER PARENTS), THE COURT SHALL IMMEDIATELY ENTER AN ORDER REMOVING THE CHILD FROM THE FOSTER PARENT. SECTION 15. THE DEPARTMENT OF HUMAN SERVICES, IN CONJUNCTION WITH THE DEPARTMENT OF EDUCATION AND THE PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY, SHALL CONDUCT A STUDY TO ANALYZE AND MAKE RECOMMENDATIONS ON EMPLOYMENT BANS FOR THOSE HAVING CONTACT WITH CHILDREN IN THIS COMMONWEALTH. THE FOLLOWING APPLY: (1) THE STUDY SHALL INCLUDE RECOMMENDATIONS ON ALL OF THE FOLLOWING: (I) CHANGES IN PERMANENT AND TEMPORARY EMPLOYMENT BANS, WHICH REALIGN AND MAKE UNIFORM THE PROVISIONS OF SECTION 111 OF THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), 242

243 KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, AND 23 PA.C.S. CH. 63 WITH REGARD TO EMPLOYMENT BANS, INCLUDING THE OFFENSES RELATING TO THE WELFARE OF A CHILD TO BE INCLUDED IN ANY BAN. (II) AN APPEALS PROCESS. (2) THE DEPARTMENT OF HUMAN SERVICES SHALL, BY DECEMBER 31, 2015, REPORT THE STUDY'S FINDINGS AND RECOMMENDATIONS TO: (I) THE CHAIRMAN AND MINORITY CHAIRMAN OF THE AGING AND YOUTH COMMITTEE OF THE SENATE. (II) THE CHAIRMAN AND MINORITY CHAIRMAN OF THE PUBLIC HEALTH AND WELFARE COMMITTEE OF THE SENATE. (III) THE CHAIRMAN AND MINORITY CHAIRMAN OF THE CHILDREN AND YOUTH COMMITTEE OF THE HOUSE OF REPRESENTATIVES. (IV) THE CHAIRMAN AND MINORITY CHAIRMAN OF THE HEALTH COMMITTEE OF THE HOUSE OF REPRESENTATIVES. SECTION 16. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: (1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT IMMEDIATELY: (I) SECTION 15 OF THIS ACT. (II) THIS SECTION. (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT DECEMBER 31,

244 ACT 176 OF 2014 SENATE BILL No. 27 AN ACT 244 Session of 2013 Amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child protective services, further providing for exchange of information. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Title 23 of the Pennsylvania Consolidated Statutes is amended by adding a section to read: Exchange of information. (a) Licensed medical practitioners.--in regard to a case of suspected child abuse, a licensed medical practitioner shall provide the county agency with the following information: (1) Relevant medical information known to the licensed medical practitioner regarding the child's prior and current health. (2) Information from a subsequent examination. (3) Information regarding treatment of the child. (4) Relevant medical information regarding any other child in the child's household. (b) Parental consent.--parental consent is not required for the licensed medical practitioner to provide the information under subsection (a). (c) County agency information.--if requested by a licensed medical practitioner who is either the child's primary care

245 physician or a licensed medical practitioner who is providing ongoing care to the child, the county agency shall provide the licensed medical practitioner with the following: (1) Information regarding the condition and well-being of the child and the progress and outcome of an investigation under this chapter. (2) Protective services records regarding the child and any other child in the child's household if the information relates to the medical evaluation of the child. (3) The identity of other licensed medical practitioners providing medical care to the child to obtain the child's medical records. (d) County agency notification.--the county agency shall notify the licensed medical practitioner who is the child's primary care provider and other licensed medical practitioner who is providing ongoing care to the child of the following information: (1) Upon initiation of an assessment, investigation or the provision of services by a county agency, the reason for the assessment, investigation or provision of protective services to the child. (2) A service plan developed for the child and the child's family. (3) The final status of a child abuse report following an investigation, whether it is indicated, founded or unfounded. Section 2. This act shall take effect January 1,

246 (A) LICENSED CERTIFIED MEDICAL PRACTITIONERS.--IN CIRCUMSTANCES WHICH NEGATIVELY AFFECT THE MEDICAL HEALTH OF A CHILD, A LICENSED CERTIFIED MEDICAL PRACTITIONER SHALL IN A TIMELY MANNER PROVIDE THE COUNTY AGENCY WITH THE FOLLOWING INFORMATION WHEN AN ASSESSMENT FOR GENERAL PROTECTIVE SERVICES OR A CHILD ABUSE INVESTIGATION IS BEING CONDUCTED OR WHEN THE FAMILY HAS BEEN ACCEPTED FOR SERVICES BY A COUNTY AGENCY: (1) RELEVANT MEDICAL INFORMATION KNOWN TO THE LICENSED CERTIFIED MEDICAL PRACTITIONER REGARDING THE CHILD'S PRIOR AND CURRENT HEALTH. (2) INFORMATION FROM A SUBSEQUENT EXAMINATION. (3) INFORMATION REGARDING TREATMENT OF THE CHILD. (4) RELEVANT MEDICAL INFORMATION KNOWN REGARDING ANY OTHER CHILD IN THE CHILD'S HOUSEHOLD WHERE SUCH INFORMATION MAY CONTRIBUTE TO THE ASSESSMENT, INVESTIGATION OR PROVISION OF SERVICES BY THE COUNTY AGENCY TO THE CHILD OR OTHER CHILDREN IN THE HOUSEHOLD. (B) PARENTAL CONSENT.--PARENTAL CONSENT IS NOT REQUIRED FOR THE LICENSED CERTIFIED MEDICAL PRACTITIONER TO PROVIDE THE INFORMATION UNDER SUBSECTION (A). (C) REQUEST BY LICENSED CERTIFIED MEDICAL PRACTITIONER.--IF REQUESTED BY THE CHILD'S PRIMARY CARE PHYSICIAN OR A LICENSED CERTIFIED MEDICAL PRACTITIONER WHO IS PROVIDING MEDICAL CARE TO THE CHILD, THE COUNTY AGENCY, IN ORDER TO ENSURE THE PROPER MEDICAL CARE OF THE CHILD, SHALL PROVIDE THE FOLLOWING INFORMATION AS IT PERTAINS TO CIRCUMSTANCES WHICH NEGATIVELY AFFECT THE MEDICAL HEALTH OF THE CHILD: 246

247 (1) THE FINAL STATUS OF ANY ASSESSMENT OF GENERAL PROTECTIVE SERVICES OR AN INVESTIGATION OF CHILD ABUSE, IF THE REPORT OF CHILD ABUSE IS INDICATED OR FOUNDED. (2) INFORMATION ON AN UNFOUNDED REPORT OF CHILD ABUSE IF THE LICENSED CERTIFIED MEDICAL PRACTITIONER MADE THE REPORT AS A MANDATED REPORTER UNDER SECTION 6311 (RELATING TO PERSONS REQUIRED TO REPORT SUSPECTED CHILD ABUSE). (3) IF ACCEPTED FOR SERVICES, ANY SERVICE PROVIDED, ARRANGED FOR OR TO BE PROVIDED BY THE COUNTY AGENCY. (4) THE IDENTITY OF OTHER LICENSED CERTIFIED MEDICAL PRACTITIONERS PROVIDING MEDICAL CARE TO THE CHILD TO OBTAIN THE CHILD'S MEDICAL RECORDS TO ALLOW FOR COORDINATION OF CARE BETWEEN MEDICAL PRACTITIONERS. (D) NOTIFICATION BY COUNTY AGENCY.--IN CIRCUMSTANCES WHICH NEGATIVELY AFFECT THE MEDICAL HEALTH OF A CHILD, THE COUNTY AGENCY SHALL NOTIFY THE LICENSED CERTIFIED MEDICAL PRACTITIONER WHO IS THE CHILD'S PRIMARY CARE PROVIDER, IF KNOWN, OF THE FOLLOWING INFORMATION: (1) THE FINAL STATUS OF ANY ASSESSMENT OF GENERAL PROTECTIVE SERVICES OR AN INVESTIGATION OF CHILD ABUSE, IF THE REPORT OF CHILD ABUSE IS INDICATED OR FOUNDED. (2) INFORMATION ON AN UNFOUNDED REPORT OF CHILD ABUSE IF THE LICENSED CERTIFIED MEDICAL PRACTITIONER MADE THE REPORT AS A MANDATED REPORTER UNDER SECTION (3) IF ACCEPTED FOR SERVICES, ANY SERVICE PROVIDED, ARRANGED FOR OR TO BE PROVIDED BY THE COUNTY AGENCY. SECTION 2. THIS ACT SHALL TAKE EFFECT DECEMBER 31,