SENATE AMENDED
PRIOR PRINTER'S NOS. 2159, 2402 PRINTER'S NO. 3948
No. 1734 Session of 1987
INTRODUCED BY DeWEESE, MOEHLMANN, HECKLER, BLAUM, KOSINSKI,
HAGARTY, McHALE, CALTAGIRONE, MAIALE, KUKOVICH, BALDWIN AND
JOSEPHS, SEPTEMBER 28, 1987
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 29, 1988
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, CODIFYING AND AMENDING <--
3 PROVISIONS RELATING TO CHILD PROTECTIVE SERVICES; further
4 providing FOR THE PAYMENT OF COSTS INCURRED IN THE <--
5 APPREHENSION, PROSECUTION AND DETENTION OF CHILDREN WHO
6 ESCAPE OR COMMIT CRIMES WHILE UNDER COMMITMENT IN AN APPROVED
7 DELINQUENCY PROGRAM, for access to and disclosure of certain
8 confidential information AND FOR CONFIDENTIAL COMMUNICATIONS <--
9 WITH SEXUAL ASSAULT COUNSELORS; AND MAKING A REPEAL.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 SECTION 1. SECTION 5945.1 OF TITLE 42 OF THE PENNSYLVANIA <--
13 CONSOLIDATED STATUTES IS AMENDED TO READ:
14 § 5945.1. CONFIDENTIAL COMMUNICATIONS [TO] WITH SEXUAL ASSAULT
15 COUNSELORS.
16 (A) DEFINITIONS.--AS USED IN THIS SECTION THE FOLLOWING
17 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
18 SUBSECTION:
19 "RAPE CRISIS CENTER." ANY OFFICE, INSTITUTION OR CENTER
20 OFFERING ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT AND THEIR
1 FAMILIES THROUGH CRISIS INTERVENTION, MEDICAL AND LEGAL
2 ACCOMPANIMENT AND FOLLOW-UP COUNSELING.
3 "SEXUAL ASSAULT COUNSELOR." A PERSON WHO IS ENGAGED IN ANY
4 OFFICE, INSTITUTION OR CENTER DEFINED AS A RAPE CRISIS CENTER
5 UNDER THIS SECTION, WHO HAS UNDERGONE 40 HOURS OF TRAINING AND
6 IS UNDER THE CONTROL OF A DIRECT SERVICES SUPERVISOR OF A RAPE
7 CRISIS CENTER, WHOSE PRIMARY PURPOSE IS THE RENDERING OF ADVICE,
8 COUNSELING OR ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT.
9 "VICTIM." A PERSON WHO CONSULTS A SEXUAL ASSAULT COUNSELOR
10 FOR THE PURPOSE OF SECURING ADVICE, COUNSELING OR ASSISTANCE
11 CONCERNING A MENTAL, PHYSICAL OR EMOTIONAL CONDITION CAUSED OR
12 REASONABLY BELIEVED TO BE CAUSED BY A SEXUAL ASSAULT.
13 "CONFIDENTIAL COMMUNICATION." [INFORMATION] ALL INFORMATION,
14 ORAL OR WRITTEN, TRANSMITTED BETWEEN A VICTIM OF SEXUAL ASSAULT
15 AND A SEXUAL ASSAULT COUNSELOR IN THE COURSE OF THAT
16 RELATIONSHIP [AND IN CONFIDENCE BY A MEANS WHICH, SO FAR AS THE
17 VICTIM IS AWARE, DOES NOT DISCLOSE THE INFORMATION TO A THIRD
18 PERSON OTHER THAN THOSE WHO ARE PRESENT TO FURTHER THE INTERESTS
19 OF THE VICTIM IN THE CONSULTATION OR THOSE TO WHOM DISCLOSURE IS
20 REASONABLY NECESSARY FOR THE TRANSMISSION OF THE INFORMATION OR
21 AN ACCOMPLISHMENT OF THE PURPOSES FOR WHICH THE SEXUAL ASSAULT
22 COUNSELOR IS CONSULTED. THE TERM INCLUDES ALL INFORMATION
23 RECEIVED BY THE SEXUAL ASSAULT COUNSELOR IN THE COURSE OF THAT
24 RELATIONSHIP] OR BETWEEN A VICTIM AND ANY PERSON, INCLUDING A
25 COPARTICIPANT, WHO, WITH THE CONSENT OF THE VICTIM, IS PRESENT
26 TO FURTHER THE INTERESTS OF THE VICTIM AND WHO IS NECESSARY TO
27 AID THE VICTIM OR SEXUAL ASSAULT COUNSELOR IN ACCOMPLISHING THE
28 PURPOSES FOR WHICH THE SEXUAL ASSAULT COUNSELOR IS CONSULTED,
29 INCLUDING, BUT NOT LIMITED TO, ANY ADVICE, REPORTS, STATISTICAL
30 DATA, MEMORANDA, WORKING PAPERS, RECORDS OR THE LIKE, GIVEN OR
19870H1734B3948 - 2 -
1 MADE DURING THAT RELATIONSHIP.
2 (B) PRIVILEGE.--[A SEXUAL ASSAULT COUNSELOR HAS A PRIVILEGE
3 NOT TO BE EXAMINED AS A WITNESS IN ANY CIVIL OR CRIMINAL
4 PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF THE VICTIM BEING
5 COUNSELED BY THE COUNSELOR AS TO ANY CONFIDENTIAL COMMUNICATION
6 MADE BY THE VICTIM TO THE COUNSELOR OR AS TO ANY ADVICE, REPORT
7 OR WORKING PAPER GIVEN OR MADE IN THE COURSE OF THE
8 CONSULTATION.] UNLESS A VICTIM OR PERSON IDENTIFIED IN
9 SUBSECTION (C) WAIVES THE PRIVILEGE IN A SIGNED WRITING PRIOR TO
10 TESTIMONY OR DISCLOSURE, A PERSON WHO RECEIVES, HEARS OR
11 OTHERWISE OBSERVES A CONFIDENTIAL COMMUNICATION SHALL NOT BE
12 COMPETENT NOR PERMITTED TO TESTIFY OR OTHERWISE DISCLOSE IN ANY
13 ADMINISTRATIVE OR JUDICIAL PROCEEDING ANY CONFIDENTIAL
14 COMMUNICATION. ADDITIONALLY, CONFIDENTIAL COMMUNICATIONS IN THE
15 FORM OF ADVICE, REPORTS, STATISTICAL DATA, MEMORANDA, WORKING
16 PAPERS, RECORDS OR THE LIKE SHALL NOT BE REVIEWED BY ANY PERSON
17 OR USED IN ANY MANNER AS EVIDENCE IN ANY ADMINISTRATIVE OR
18 JUDICIAL PROCEEDING.
19 (C) EXTENSION OF PRIVILEGE.--THIS PRIVILEGE SHALL EXTEND TO
20 THOSE PERSONS WHO HAVE A SIGNIFICANT RELATIONSHIP WITH A VICTIM
21 OF SEXUAL ASSAULT AND WHO SEEK ADVICE, COUNSELING OR ASSISTANCE
22 FROM A SEXUAL ASSAULT COUNSELOR. FOR PURPOSES OF THIS
23 SUBSECTION, A SIGNIFICANT RELATIONSHIP INCLUDES MEMBERS OF THE
24 VICTIM'S IMMEDIATE FAMILY OR THOSE PERSONS WHO HAVE HAD A
25 REASONABLY CLOSE RELATIONSHIP TO THE VICTIM OVER A PERIOD OF
26 TIME.
27 SECTION 2. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
28 § 6358. LIABILITY FOR CERTAIN COSTS.
29 ALL RECORD COSTS AND COSTS INCURRED IN THE DETENTION AND
30 TRANSPORTATION OF ANY CHILD WHO ESCAPES FROM OR COMMITS ANY
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1 CRIMINAL ACT WHILE UNDER COURT-ORDERED COMMITMENT TO AN APPROVED
2 PROGRAM OR FACILITY SHALL BE BORNE BY THE CHILD'S COUNTY OF
3 RESIDENCE.
4 SECTION 3. CHAPTER 63 OF TITLE 42 IS AMENDED BY ADDING A
5 SUBCHAPTER TO READ:
6 SUBCHAPTER F
7 CHILD PROTECTIVE SERVICES
8 § 6371. FINDINGS AND PURPOSE.
9 ABUSED CHILDREN ARE IN URGENT NEED OF AN EFFECTIVE CHILD
10 PROTECTIVE SERVICE TO PREVENT THEM FROM SUFFERING FURTHER INJURY
11 AND IMPAIRMENT. IT IS THE PURPOSE OF THIS CHAPTER TO ENCOURAGE
12 MORE COMPLETE REPORTING OF SUSPECTED CHILD ABUSE AND TO
13 ESTABLISH IN EACH COUNTY A CHILD PROTECTIVE SERVICE CAPABLE OF
14 INVESTIGATING SUCH REPORTS SWIFTLY AND COMPETENTLY, PROVIDING
15 PROTECTION FOR CHILDREN FROM FURTHER ABUSE AND PROVIDING
16 REHABILITATIVE SERVICES FOR CHILDREN AND PARENTS INVOLVED SO AS
17 TO ENSURE THE CHILD'S WELL-BEING AND TO PRESERVE AND STABILIZE
18 FAMILY LIFE WHEREVER APPROPRIATE. HOWEVER, NOTHING IN THIS
19 SUBCHAPTER SHALL BE CONSTRUED TO RESTRICT THE GENERALLY
20 RECOGNIZED EXISTING RIGHTS OF PARENTS TO USE REASONABLE
21 SUPERVISION AND CONTROL WHEN RAISING THEIR CHILDREN.
22 § 6372. DEFINITIONS.
23 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
24 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
25 CONTEXT CLEARLY INDICATES OTHERWISE:
26 "CHILD ABUSE." SERIOUS PHYSICAL OR MENTAL INJURY WHICH IS NOT
27 EXPLAINED BY THE AVAILABLE MEDICAL HISTORY AS BEING ACCIDENTAL,
28 OR SEXUAL ABUSE OR SEXUAL EXPLOITATION, OR SERIOUS PHYSICAL
29 NEGLECT, OF A CHILD UNDER EIGHTEEN YEARS OF AGE, IF THE INJURY,
30 ABUSE OR NEGLECT HAS BEEN CAUSED BY THE ACTS OR OMISSIONS OF THE
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1 CHILD'S PARENTS OR BY A PERSON RESPONSIBLE FOR THE CHILD'S
2 WELFARE, OR ANY INDIVIDUAL RESIDING IN THE SAME HOME AS THE
3 CHILD, OR A PARAMOUR OF A CHILD'S PARENT PROVIDED, HOWEVER, NO
4 CHILD SHALL BE DEEMED TO BE PHYSICALLY OR MENTALLY ABUSED FOR
5 THE SOLE REASON HE IS IN GOOD FAITH BEING FURNISHED TREATMENT BY
6 SPIRITUAL MEANS THROUGH PRAYER ALONE IN ACCORDANCE WITH THE
7 TENETS AND PRACTICES OF A RECOGNIZED CHURCH OR RELIGIOUS
8 DENOMINATION BY A DULY ACCREDITED PRACTITIONER THEREOF OR IS NOT
9 PROVIDED SPECIFIED MEDICAL TREATMENT IN THE PRACTICE OF
10 RELIGIOUS BELIEFS, OR SOLELY ON THE GROUNDS OF ENVIRONMENTAL
11 FACTORS WHICH ARE BEYOND THE CONTROL OF THE PERSON RESPONSIBLE
12 FOR THE CHILD'S WELFARE SUCH AS INADEQUATE HOUSING, FURNISHINGS,
13 INCOME, CLOTHING AND MEDICAL CARE.
14 "CHILD-CARE SERVICES." CHILD DAY-CARE CENTERS, GROUP AND
15 FAMILY DAY-CARE HOMES, FOSTER HOMES, ADOPTIVE PARENTS, BOARDING
16 HOMES FOR CHILDREN, JUVENILE DETENTION CENTER SERVICES OR
17 PROGRAMS FOR DELINQUENT OR DEPENDENT CHILDREN; MENTAL HEALTH,
18 MENTAL RETARDATION AND DRUG AND ALCOHOL SERVICES FOR CHILDREN;
19 AND ANY OTHER CHILD-CARE SERVICES WHICH ARE PROVIDED BY OR
20 SUBJECT TO APPROVAL, LICENSURE, REGISTRATION OR CERTIFICATION BY
21 THE DEPARTMENT OF PUBLIC WELFARE OR A COUNTY SOCIAL SERVICES
22 AGENCY OR WHICH ARE PROVIDED PURSUANT TO A CONTRACT WITH THESE
23 DEPARTMENTS OR A COUNTY SOCIAL SERVICES AGENCY. THE TERM SHALL
24 NOT INCLUDE SUCH SERVICES OR PROGRAMS WHICH MAY BE OFFERED BY
25 PUBLIC AND PRIVATE SCHOOLS, INTERMEDIATE UNITS OR AREA
26 VOCATIONAL-TECHNICAL SCHOOLS.
27 "CHILD PROTECTIVE SERVICE." THAT SECTION OF EACH COUNTY
28 CHILDREN AND YOUTH SOCIAL SERVICE AGENCY REQUIRED TO BE
29 ESTABLISHED BY SECTION 6385 (RELATING TO CHILD PROTECTIVE
30 SERVICE RESPONSIBILITIES AND ORGANIZATION).
19870H1734B3948 - 5 -
1 "COOPERATION WITH AN INVESTIGATION." THE TERM INCLUDES, BUT
2 IS NOT LIMITED TO, A SCHOOL OR SCHOOL DISTRICT WHICH PERMITS
3 AUTHORIZED PERSONNEL FROM THE DEPARTMENT OR CHILD PROTECTION
4 SERVICES TO INTERVIEW A STUDENT WHILE THE STUDENT IS IN
5 ATTENDANCE AT SCHOOL.
6 "DEPARTMENT." THE DEPARTMENT OF PUBLIC WELFARE OF THE
7 COMMONWEALTH.
8 "EXPUNGE." TO STRIKE OUT OR OBLITERATE ENTIRELY SO THAT THE
9 EXPUNGED INFORMATION MAY NOT BE STORED, IDENTIFIED, OR LATER
10 RECOVERED BY ANY MEANS MECHANICAL, ELECTRONIC, OR OTHERWISE.
11 "FAMILY MEMBER." A SPOUSE, PARENT, CHILD OR OTHER PERSON
12 RELATED BY CONSANGUINITY OR AFFINITY.
13 "FOUNDED REPORT." A REPORT MADE PURSUANT TO THIS SUBCHAPTER
14 IF THERE HAS BEEN ANY JUDICIAL ADJUDICATION BASED ON A FINDING
15 THAT A CHILD WHO IS A SUBJECT OF THE REPORT HAS BEEN ABUSED.
16 "INDICATED REPORT." A REPORT MADE PURSUANT TO THIS SUBCHAPTER
17 IF AN INVESTIGATION BY THE CHILD PROTECTIVE SERVICE DETERMINES
18 THAT SUBSTANTIAL EVIDENCE OF THE ALLEGED ABUSE EXISTS BASED ON
19 (I) AVAILABLE MEDICAL EVIDENCE, (II) THE CHILD PROTECTIVE
20 SERVICE INVESTIGATION OR (III) AN ADMISSION OF THE ACTS OF ABUSE
21 BY THE CHILD'S PARENT OR PERSON RESPONSIBLE FOR THE CHILD'S
22 WELFARE.
23 "SECRETARY." THE SECRETARY OF PUBLIC WELFARE.
24 "SEXUAL ABUSE." THE OBSCENE OR PORNOGRAPHIC PHOTOGRAPHING,
25 FILMING OR DEPICTION OF CHILDREN FOR COMMERCIAL PURPOSES, OR THE
26 RAPE, MOLESTATION, INCEST, PROSTITUTION, OR OTHER SUCH FORMS OF
27 SEXUAL EXPLOITATION OF CHILDREN UNDER CIRCUMSTANCES WHICH
28 INDICATE THAT THE CHILD'S HEALTH OR WELFARE IS HARMED OR
29 THREATENED THEREBY, AS DETERMINED IN ACCORDANCE WITH REGULATIONS
30 PRESCRIBED BY THE DEPARTMENT.
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1 "SUBJECT OF THE REPORT." ANY CHILD REPORTED TO THE CENTRAL
2 REGISTER OF CHILD ABUSE AND HIS PARENT, GUARDIAN OR OTHER PERSON
3 RESPONSIBLE ALSO NAMED IN THE REPORT.
4 "SUBSTANCE-ABUSED CHILD." A CHILD WHO IS BORN WITH FETAL
5 ALCOHOL SYNDROME, NEONATAL ABSTINENCE SYNDROME OR THE SYSTEMIC
6 PRESENCE OF A SUBSTANCE LISTED IN CLAUSE (1) OR (2) OF SECTION 4
7 OF THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS "THE
8 CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT," UNLESS THE
9 NEONATAL ABSTINENCE SYNDROME OR SYSTEMIC CHEMICAL PRESENCE
10 RELATES DIRECTLY TO A CHEMICAL SUBSTANCE LEGALLY MEDICALLY
11 PRESCRIBED TO THE BIRTHMOTHER.
12 "UNDER INVESTIGATION." A REPORT PURSUANT TO THIS SUBCHAPTER
13 WHICH IS BEING INVESTIGATED TO DETERMINE WHETHER IT IS FOUNDED,
14 INDICATED, OR UNFOUNDED.
15 "UNFOUNDED REPORT." ANY REPORT MADE PURSUANT TO THIS
16 SUBCHAPTER UNLESS THE REPORT IS A FOUNDED REPORT OR UNLESS AN
17 INVESTIGATION BY THE APPROPRIATE CHILD PROTECTIVE SERVICE
18 DETERMINES THAT THE REPORT IS AN INDICATED REPORT.
19 § 6373. PERSONS REQUIRED TO REPORT SUSPECTED ABUSE.
20 (A) GROUNDS.--ANY PERSONS WHO, IN THE COURSE OF THEIR
21 EMPLOYMENT, OCCUPATION, OR PRACTICE OF THEIR PROFESSION COME
22 INTO CONTACT WITH CHILDREN SHALL REPORT OR CAUSE A REPORT TO BE
23 MADE IN ACCORDANCE WITH SECTION 6375 (RELATING TO REPORTING
24 PROCEDURE) WHEN THEY HAVE REASON TO BELIEVE, ON THE BASIS OF
25 THEIR MEDICAL, PROFESSIONAL OR OTHER TRAINING AND EXPERIENCE,
26 THAT:
27 (1) A CHILD COMING BEFORE THEM IN THEIR PROFESSIONAL OR
28 OFFICIAL CAPACITY IS AN ABUSED CHILD; OR
29 (2) A CHILD IS A SUBSTANCE-ABUSED CHILD.
30 (B) STAFF OF INSTITUTION.--WHENEVER ANY PERSON IS REQUIRED
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1 TO REPORT UNDER SUBSECTION (C) IN HIS CAPACITY AS A MEMBER OF
2 THE STAFF OF A MEDICAL OR OTHER PUBLIC OR PRIVATE INSTITUTION,
3 SCHOOL, FACILITY, OR AGENCY, HE SHALL IMMEDIATELY NOTIFY THE
4 PERSON IN CHARGE OF SUCH INSTITUTION, SCHOOL, FACILITY OR
5 AGENCY, OR THE DESIGNATED AGENT OF THE PERSON IN CHARGE. UPON
6 NOTIFICATION, SUCH PERSON IN CHARGE OR HIS DESIGNATED AGENT, IF
7 ANY, SHALL ASSUME THE RESPONSIBILITY AND HAVE THE LEGAL
8 OBLIGATION TO REPORT OR CAUSE A REPORT TO BE MADE IN ACCORDANCE
9 WITH SECTION 6375. NOTHING IN THIS SUBCHAPTER IS INTENDED TO
10 REQUIRE MORE THAN ONE REPORT FROM ANY SUCH INSTITUTION, SCHOOL
11 OR AGENCY.
12 (C) PERSONS REQUIRED TO REPORT.--PERSONS REQUIRED TO REPORT
13 UNDER SUBSECTION (A) INCLUDE, BUT ARE NOT LIMITED TO, ANY
14 LICENSED PHYSICIAN, MEDICAL EXAMINER, CORONER, FUNERAL DIRECTOR,
15 DENTIST, OSTEOPATH, OPTOMETRIST, CHIROPRACTOR, PODIATRIST,
16 INTERN, REGISTERED NURSE, LICENSED PRACTICAL NURSE, HOSPITAL
17 PERSONNEL ENGAGED IN THE ADMISSION, EXAMINATION, CARE OR
18 TREATMENT OF PERSONS, A CHRISTIAN SCIENCE PRACTITIONER, SCHOOL
19 ADMINISTRATOR, SCHOOL TEACHER, SCHOOL NURSE, SOCIAL SERVICES
20 WORKER, DAY CARE CENTER WORKER OR ANY OTHER CHILD CARE OR FOSTER
21 CARE WORKER, MENTAL HEALTH PROFESSIONAL, PEACE OFFICER OR LAW
22 ENFORCEMENT OFFICIAL. THE PRIVILEGED COMMUNICATION BETWEEN ANY
23 PROFESSIONAL PERSON REQUIRED TO REPORT AND HIS PATIENT OR CLIENT
24 SHALL NOT APPLY TO SITUATIONS INVOLVING CHILD ABUSE AND SHALL
25 NOT CONSTITUTE GROUNDS FOR FAILURE TO REPORT AS REQUIRED BY THIS
26 SUBCHAPTER.
27 (D) UNLAWFUL DISCHARGE.--ANY PERSON WHO, UNDER THIS SECTION,
28 IS REQUIRED TO REPORT OR CAUSE A REPORT OF SUSPECTED CHILD ABUSE
29 TO BE MADE AND WHO, IN GOOD FAITH, MAKES OR CAUSES SAID REPORT
30 TO BE MADE AND WHO, AS A RESULT THEREOF, IS DISCHARGED FROM HIS
19870H1734B3948 - 8 -
1 EMPLOYMENT OR IN ANY OTHER MANNER IS DISCRIMINATED AGAINST WITH
2 RESPECT TO COMPENSATION, HIRE, TENURE, TERMS, CONDITIONS OR
3 PRIVILEGES OF EMPLOYMENT, MAY FILE A CAUSE OF ACTION IN THE
4 COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE ALLEGED
5 UNLAWFUL DISCHARGE OR DISCRIMINATION OCCURRED FOR APPROPRIATE
6 RELIEF. IF THE COURT FINDS THAT THE INDIVIDUAL IS A PERSON WHO,
7 UNDER THIS SECTION, IS REQUIRED TO REPORT OR CAUSE A REPORT OF
8 SUSPECTED CHILD ABUSE TO BE MADE, THAT HE, IN GOOD FAITH, MADE
9 OR CAUSED TO BE MADE A REPORT OF SUSPECTED CHILD ABUSE, AND THAT
10 AS A RESULT THEREOF HE WAS DISCHARGED OR DISCRIMINATED AGAINST
11 WITH RESPECT TO COMPENSATION, HIRE, TENURE, TERMS, CONDITIONS OR
12 PRIVILEGES OF EMPLOYMENT, IT MAY ISSUE AN ORDER GRANTING
13 APPROPRIATE RELIEF, INCLUDING BUT NOT LIMITED TO REINSTATEMENT
14 WITH BACK PAY. THE DEPARTMENT MAY INTERVENE IN ANY ACTION
15 BROUGHT PURSUANT TO THIS SUBSECTION.
16 § 6374. PERSONS PERMITTED TO REPORT.
17 IN ADDITION TO THOSE PERSONS AND OFFICIALS REQUIRED TO REPORT
18 SUSPECTED CHILD ABUSE, ANY PERSON MAY MAKE SUCH A REPORT IF THAT
19 PERSON HAS REASONABLE CAUSE TO SUSPECT THAT A CHILD IS AN ABUSED
20 CHILD.
21 § 6375. REPORTING PROCEDURE.
22 (A) ORAL REPORTS.--REPORTS FROM PERSONS REQUIRED TO REPORT
23 UNDER SECTION 6373 (RELATING TO PERSONS REQUIRED TO REPORT
24 SUSPECTED ABUSE) SHALL BE MADE IMMEDIATELY BY TELEPHONE AND IN
25 WRITING WITHIN 48 HOURS AFTER THE ORAL REPORT. ORAL REPORTS
26 SHALL BE MADE TO THE DEPARTMENT PURSUANT TO SECTION 6383
27 (RELATING TO RECORDKEEPING DUTIES OF DEPARTMENT) AND MAY BE MADE
28 TO APPROPRIATE CHILD PROTECTIVE SERVICE.
29 (B) NOTICE TO DEPARTMENT.--WHEN ORAL REPORTS OF SUSPECTED
30 ABUSE ARE INITIALLY RECEIVED AT THE CHILD PROTECTIVE SERVICE,
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1 THE CHILD PROTECTIVE SERVICE SHALL, AFTER SEEING TO THE
2 IMMEDIATE SAFETY OF THE CHILD AND OTHER CHILDREN IN THE HOME,
3 IMMEDIATELY NOTIFY THE DEPARTMENT OF THE RECEIPT OF THE REPORT,
4 WHICH IS TO BE HELD IN THE PENDING COMPLAINT FILE AS PROVIDED IN
5 SECTION 6383. THE INITIAL CHILD ABUSE REPORT SUMMARY SHALL BE
6 SUPPLEMENTED WITH A WRITTEN REPORT WHEN A DETERMINATION IS MADE
7 AS TO WHETHER A REPORT OF SUSPECTED CHILD ABUSE IS A FOUNDED
8 REPORT, AN UNFOUNDED REPORT OR AN INDICATED REPORT.
9 (C) WRITTEN REPORTS.--WRITTEN REPORTS FROM PERSONS REQUIRED
10 TO REPORT UNDER SECTION 6373 SHALL BE MADE TO THE APPROPRIATE
11 CHILD PROTECTIVE SERVICE IN A MANNER AND ON FORMS PRESCRIBED BY
12 THE DEPARTMENT BY REGULATION. SUCH WRITTEN REPORTS SHALL INCLUDE
13 THE FOLLOWING INFORMATION, IF AVAILABLE: THE NAMES AND ADDRESSES
14 OF THE CHILD AND HIS PARENTS OR OTHER PERSON RESPONSIBLE FOR HIS
15 CARE, IF KNOWN; WHERE THE SUSPECTED ABUSE OCCURRED; THE CHILD'S
16 AGE, AND SEX; THE NATURE AND EXTENT OF THE SUSPECTED CHILD
17 ABUSE, INCLUDING ANY EVIDENCE OF PRIOR ABUSE TO THE CHILD OR HIS
18 SIBLINGS; THE NAME OF THE PERSON OR PERSONS RESPONSIBLE FOR
19 CAUSING THE SUSPECTED ABUSE, IF KNOWN; FAMILY COMPOSITION;
20 RELATIONSHIP OF THE SUSPECTED PERPETRATOR TO THE CHILD; THE
21 SOURCE OF THE REPORT; THE PERSON MAKING THE REPORT AND WHERE HE
22 CAN BE REACHED; THE ACTIONS TAKEN BY THE REPORTING SOURCE,
23 INCLUDING THE TAKING OF PHOTOGRAPHS AND X-RAYS, REMOVAL OR
24 KEEPING OF THE CHILD OR NOTIFYING THE MEDICAL EXAMINER OR
25 CORONER; AND ANY OTHER INFORMATION WHICH THE DEPARTMENT MAY, BY
26 REGULATION, REQUIRE.
27 (D) DUTY OF AGENCY.--THE FAILURE OF ANY PERSON REPORTING
28 CASES OF SUSPECTED CHILD ABUSE TO CONFIRM AN ORAL REPORT IN
29 WRITING WITHIN 48 HOURS SHALL IN NO WAY RELIEVE THE CHILD
30 PROTECTIVE SERVICE FROM ANY DUTIES PRESCRIBED BY THIS
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1 SUBCHAPTER. IN SUCH EVENT, THE CHILD PROTECTIVE SERVICE SHALL
2 PROCEED AS IF A WRITTEN REPORT WERE ACTUALLY MADE.
3 (E) SUBSTANCE ABUSED CHILDREN.--REPORTS OF CHILDREN PURSUANT
4 TO SECTION 6373(A)(2) RELATED TO SUBSTANCE-ABUSED CHILDREN SHALL
5 NOT REQUIRE THE PROCEDURES OF SUBSECTION (B), (C) OR (D);
6 HOWEVER THE DEPARTMENT SHALL MAINTAIN A SEPARATE STATEWIDE FILE
7 OF THESE NEWBORNS PURSUANT TO SECTION 6383(A)(III).
8 § 6376. OBLIGATIONS OF PERSONS REQUIRED TO REPORT.
9 ANY PERSON OR OFFICIAL REQUIRED TO REPORT CASES OF SUSPECTED
10 CHILD ABUSE MAY TAKE OR CAUSE TO BE TAKEN PHOTOGRAPHS OF THE
11 AREAS OF TRAUMA VISIBLE ON A CHILD WHO IS SUBJECT TO A REPORT
12 AND, IF MEDICALLY INDICATED, CAUSE TO BE PERFORMED A
13 RADIOLOGICAL EXAMINATION ON THE CHILD. MEDICAL SUMMARIES OR
14 REPORTS OF THE PHOTOGRAPHS OR X-RAYS TAKEN SHALL BE SENT TO THE
15 CHILD PROTECTIVE SERVICE AT THE TIME THE WRITTEN REPORT IS SENT,
16 OR AS SOON THEREAFTER AS POSSIBLE. CHILD PROTECTIVE SERVICES
17 SHALL HAVE ACCESS TO THE ACTUAL PHOTOGRAPHS AND X-RAYS AND MAY
18 OBTAIN THEM OR DUPLICATES OF THEM UPON REQUEST.
19 § 6377. TAKING A CHILD INTO PROTECTIVE CUSTODY.
20 (A) WHEN TAKEN.--A CHILD MAY BE TAKEN INTO CUSTODY:
21 (1) AS PROVIDED IN SECTION 6324 (RELATING TO TAKING INTO
22 CUSTODY).
23 (2) BY A PHYSICIAN EXAMINING OR TREATING THE CHILD OR BY
24 THE DIRECTOR, OR A PERSON SPECIFICALLY DESIGNATED IN WRITING
25 BY SUCH DIRECTOR, OF ANY HOSPITAL OR OTHER MEDICAL
26 INSTITUTION WHERE THE CHILD IS BEING TREATED, IF SUCH
27 PROTECTIVE CUSTODY IS IMMEDIATELY NECESSARY TO PROTECT THE
28 CHILD FROM FURTHER SERIOUS PHYSICAL INJURY, SEXUAL ABUSE OR
29 SERIOUS PHYSICAL NEGLECT; PROVIDED THAT NO CHILD SHALL BE
30 HELD IN SUCH CUSTODY FOR MORE THAN TWENTY-FOUR HOURS UNLESS
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1 THE APPROPRIATE CHILD PROTECTIVE SERVICE IS IMMEDIATELY
2 NOTIFIED THAT THE CHILD HAS BEEN TAKEN INTO CUSTODY AND THE
3 CHILD PROTECTIVE SERVICE OBTAINS AN ORDER FROM A COURT OF
4 COMPETENT JURISDICTION PERMITTING THE CHILD TO BE HELD IN
5 CUSTODY FOR A LONGER PERIOD. THE COURTS OF COMMON PLEAS OF
6 EACH JUDICIAL DISTRICT SHALL INSURE THAT A JUDGE IS AVAILABLE
7 ON A 24-HOUR-A-DAY, 365-DAYS-A-YEAR BASIS TO ACCEPT AND
8 DECIDE SUCH ACTIONS BROUGHT BY A CHILD PROTECTIVE SERVICE
9 UNDER THIS SUBSECTION WITHIN SUCH 24-HOUR PERIOD.
10 (B) NOTICE TO PARENT, ETC.--ANY INDIVIDUAL TAKING A CHILD
11 INTO PROTECTIVE CUSTODY UNDER THIS SUBCHAPTER SHALL IMMEDIATELY
12 AND WITHIN 24 HOURS IN WRITING, NOTIFY THE CHILD'S PARENT,
13 GUARDIAN OR OTHER CUSTODIAN OF THE CHILD'S WHEREABOUTS, THE
14 REASONS FOR THE NEED TO TAKE THE CHILD INTO PROTECTIVE CUSTODY,
15 AND SHALL IMMEDIATELY NOTIFY THE APPROPRIATE CHILD PROTECTIVE
16 SERVICE IN ORDER THAT PROCEEDINGS UNDER THIS CHAPTER MAY BE
17 INITIATED, IF APPROPRIATE.
18 (C) HEARING.--IN NO CASE SHALL PROTECTIVE CUSTODY UNDER THIS
19 SUBCHAPTER BE MAINTAINED LONGER THAN 72 HOURS WITHOUT A
20 DETENTION HEARING. IF AT THE DETENTION HEARING IT IS DETERMINED
21 THAT PROTECTIVE CUSTODY SHALL BE CONTINUED, THE CHILD PROTECTIVE
22 SERVICES AGENCY SHALL, WITHIN 48 HOURS FILE A PETITION WITH THE
23 COURT UNDER THIS CHAPTER.
24 (D) APPROPRIATE FACILITY.--NO CHILD TAKEN INTO PROTECTIVE
25 CUSTODY UNDER THIS SUBCHAPTER SHALL BE DETAINED DURING SUCH
26 PROTECTIVE CUSTODY EXCEPT IN AN APPROPRIATE MEDICAL FACILITY,
27 FOSTER HOME OR OTHER APPROPRIATE FACILITY APPROVED BY THE
28 DEPARTMENT FOR THIS PURPOSE.
29 (E) CONFERENCE.--A CONFERENCE BETWEEN THE PARENT, GUARDIAN
30 OR OTHER CUSTODIAN OF THE CHILD TAKEN INTO TEMPORARY PROTECTIVE
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1 CUSTODY PURSUANT TO THIS SECTION AND THE CASE WORKER DESIGNATED
2 BY THE CHILD PROTECTION SERVICE TO BE RESPONSIBLE FOR SUCH CHILD
3 SHALL BE HELD WITHIN 48 HOURS OF THE TIME THAT THE CHILD IS
4 TAKEN INTO SUCH CUSTODY FOR THE PURPOSE OF (I) EXPLAINING TO
5 SUCH PARENT, GUARDIAN OR OTHER CUSTODIAN THE REASONS FOR THE
6 TEMPORARY DETENTION OF THE CHILD AND THE WHEREABOUTS OF THE
7 CHILD, AND (II) TO EXPEDITE, WHEREVER POSSIBLE, THE RETURN OF
8 THE CHILD TO THE CUSTODY OF SUCH PARENT, GUARDIAN OR OTHER
9 CUSTODIAN WHERE SUCH CUSTODY IS NO LONGER NECESSARY.
10 § 6378. ADMISSION TO HOSPITALS.
11 (A) MEDICAL CARE.--CHILDREN APPEARING TO SUFFER ANY PHYSICAL
12 OR MENTAL TRAUMA WHICH MAY CONSTITUTE CHILD ABUSE, SHALL BE
13 ADMITTED TO AND TREATED IN APPROPRIATE FACILITIES OF PRIVATE AND
14 PUBLIC HOSPITALS ON THE BASIS OF MEDICAL NEED AND SHALL NOT BE
15 REFUSED OR DEPRIVED IN ANY WAY OF PROPER MEDICAL TREATMENT AND
16 CARE.
17 (B) ENFORCEMENT.--THE FAILURE OF ANY SUCH HOSPITAL TO ADMIT
18 AND PROPERLY TREAT AND CARE FOR A CHILD PURSUANT TO SUBSECTION
19 (A) SHALL BE CAUSE FOR THE DEPARTMENT TO ORDER IMMEDIATE
20 ADMITTANCE, TREATMENT, AND CARE BY THE HOSPITAL, WHICH SHALL BE
21 ENFORCEABLE, IF NECESSARY, BY THE PROMPT INSTITUTION OF AN
22 EQUITY ACTION BY THE DEPARTMENT. IN ADDITION THE CHILD, THROUGH
23 HIS ATTORNEY, SHALL, INDEPENDENT OF THE ABOVE, HAVE A RIGHT TO
24 SEEK IMMEDIATE INJUNCTIVE RELIEF AND INSTITUTE AN APPROPRIATE
25 CIVIL ACTION FOR DAMAGES AGAINST THE HOSPITAL.
26 § 6379. MANDATORY REPORTING AND POSTMORTEM INVESTIGATION OF
27 DEATHS.
28 ANY PERSON OR OFFICIAL REQUIRED TO REPORT CASES OF SUSPECTED
29 CHILD ABUSE, INCLUDING EMPLOYES OF A COUNTY CHILDREN AND YOUTH
30 SOCIAL SERVICE AGENCY, AND ITS CHILD PROTECTIVE SERVICE, WHO HAS
19870H1734B3948 - 13 -
1 REASONABLE CAUSE TO SUSPECT THAT A CHILD DIED AS A RESULT OF
2 CHILD ABUSE SHALL REPORT THAT FACT TO THE CORONER. THE CORONER
3 SHALL ACCEPT THE REPORT FOR INVESTIGATION AND SHALL REPORT HIS
4 FINDING TO THE POLICE, THE DISTRICT ATTORNEY, THE APPROPRIATE
5 CHILD PROTECTIVE SERVICE AND, IF THE REPORT IS MADE BY A
6 HOSPITAL, THE HOSPITAL.
7 § 6380. IMMUNITY FROM LIABILITY.
8 ANY PERSON, HOSPITAL, INSTITUTION, SCHOOL, FACILITY OR AGENCY
9 PARTICIPATING IN GOOD FAITH IN THE MAKING OF A REPORT,
10 COOPERATING WITH AN INVESTIGATION OR TESTIFYING IN ANY
11 PROCEEDING ARISING OUT OF AN INSTANCE OF SUSPECTED CHILD ABUSE,
12 THE TAKING OF PHOTOGRAPHS, OR THE REMOVAL OR KEEPING OF A CHILD
13 PURSUANT TO SECTION 6377 (RELATING TO PROTECTIVE CUSTODY), SHALL
14 HAVE IMMUNITY FROM ANY LIABILITY, CIVIL OR CRIMINAL, THAT MIGHT
15 OTHERWISE RESULT BY REASON OF SUCH ACTIONS. FOR THE PURPOSE OF
16 ANY PROCEEDING, CIVIL OR CRIMINAL, THE GOOD FAITH OF ANY PERSON
17 REQUIRED TO REPORT PURSUANT TO SECTION 6377 SHALL BE PRESUMED.
18 § 6381. PENALTIES FOR FAILURE TO REPORT.
19 ANY PERSON OR OFFICIAL REQUIRED BY THIS SUBCHAPTER TO REPORT
20 A CASE OF SUSPECTED CHILD ABUSE WHO WILLFULLY FAILS TO DO SO
21 SHALL BE GUILTY OF A SUMMARY OFFENSE, EXCEPT THAT FOR A SECOND
22 OR SUBSEQUENT OFFENSE SHALL BE GUILTY OF A MISDEMEANOR OF THE
23 THIRD DEGREE.
24 § 6382. EDUCATION AND TRAINING.
25 THE DEPARTMENT AND EACH CHILD PROTECTIVE SERVICE, BOTH
26 JOINTLY AND INDIVIDUALLY, SHALL CONDUCT A CONTINUING PUBLICITY
27 AND EDUCATION PROGRAM FOR THE CITIZENS OF THE COMMONWEALTH AIMED
28 AT THE PREVENTION OF CHILD ABUSE, THE IDENTIFICATION OF ABUSED
29 CHILDREN, AND THE PROVISION OF NECESSARY AMELIORATIVE SERVICES
30 TO ABUSED CHILDREN AND THEIR FAMILIES. IN ADDITION, THE
19870H1734B3948 - 14 -
1 DEPARTMENT AND EACH CHILD PROTECTIVE SERVICE SHALL CONDUCT AN
2 ONGOING TRAINING AND EDUCATION PROGRAM FOR LOCAL STAFF, PERSONS
3 REQUIRED TO REPORT, AND OTHER APPROPRIATE PERSONS IN ORDER TO
4 FAMILIARIZE SUCH PERSONS WITH THE REPORTING AND INVESTIGATIVE
5 PROCEDURES FOR CASES OF SUSPECTED CHILD ABUSE AND THE
6 REHABILITATIVE SERVICES THAT ARE AVAILABLE TO CHILDREN AND
7 FAMILIES.
8 § 6383. RECORDKEEPING DUTIES OF DEPARTMENT.
9 (A) FILES AND REGISTER.--THERE SHALL BE ESTABLISHED IN THE
10 DEPARTMENT:
11 (1) A PENDING COMPLAINT FILE OF CHILD ABUSE REPORTS UNDER
12 INVESTIGATION;
13 (2) A STATEWIDE CENTRAL REGISTER OF CHILD ABUSE, WHICH
14 SHALL CONSIST OF FOUNDED AND INDICATED REPORTS OF CHILD
15 ABUSE; AND
16 (3) A STATEWIDE FILE OF SUBSTANCE-ABUSED CHILDREN.
17 SUCH INFORMATION SHALL NOT BE CONSIDERED OR INCLUDED BY THE
18 DEPARTMENT IN CERTIFICATIONS PURSUANT TO SECTION 6393 (RELATING
19 TO INFORMATION).
20 (B) DEPARTMENT TO RECEIVE REPORTS AT ALL TIMES.--THE
21 DEPARTMENT SHALL BE CAPABLE OF RECEIVING ORAL REPORTS OF CHILD
22 ABUSE MADE PURSUANT TO THIS SUBCHAPTER AND REPORT SUMMARIES OF
23 CHILD ABUSE FROM CHILD PROTECTIVE SERVICES AND SHALL BE CAPABLE
24 OF IMMEDIATELY IDENTIFYING PRIOR REPORTS OF CHILD ABUSE IN THE
25 STATEWIDE CENTRAL REGISTER AND REPORTS UNDER INVESTIGATION IN
26 THE PENDING COMPLAINT FILE AND OF MONITORING THE PROVISION OF
27 CHILD PROTECTIVE SERVICES 24 HOURS A DAY, SEVEN DAYS A WEEK.
28 (C) REPORTS.--THE DEPARTMENT SHALL ESTABLISH A SINGLE
29 STATEWIDE TOLL-FREE TELEPHONE NUMBER THAT ALL PERSONS, WHETHER
30 MANDATED BY LAW OR NOT, MAY USE TO REPORT CASES OF SUSPECTED
19870H1734B3948 - 15 -
1 CHILD ABUSE. A CHILD PROTECTIVE SERVICE MAY USE THE STATEWIDE
2 TOLL-FREE TELEPHONE NUMBER FOR DETERMINING THE EXISTENCE OF
3 PRIOR FOUNDED OR INDICATED REPORTS OF CHILD ABUSE IN THE
4 STATEWIDE CENTRAL REGISTER OR REPORTS UNDER INVESTIGATION IN THE
5 PENDING COMPLAINT FILE. A CHILD PROTECTIVE SERVICE MAY ONLY
6 REQUEST AND RECEIVE INFORMATION PURSUANT TO THIS SUBSECTION
7 EITHER ON ITS OWN BEHALF BECAUSE IT HAS RECEIVED A REPORT OF
8 SUSPECTED CHILD ABUSE OR ON BEHALF OF A PHYSICIAN EXAMINING OR
9 TREATING A CHILD OR ON BEHALF OF THE DIRECTOR OR A PERSON
10 SPECIFICALLY DESIGNATED IN WRITING BY SUCH DIRECTOR OF ANY
11 HOSPITAL OR OTHER MEDICAL INSTITUTION WHERE A CHILD IS BEING
12 TREATED, WHERE THE PHYSICIAN OR THE DIRECTOR OR A PERSON
13 SPECIFICALLY DESIGNATED IN WRITING BY SUCH DIRECTOR SUSPECTS THE
14 CHILD OF BEING AN ABUSED CHILD.
15 (D) CONFIDENTIAL INFORMATION.--EXCEPT AS PROVIDED IN
16 SUBSECTIONS (F) AND (M) AND SECTION 6384 (RELATING TO
17 CONFIDENTIALITY OF RECORDS), NO INFORMATION SHALL BE RELEASED
18 FROM THE STATEWIDE CENTRAL REGISTER OR PENDING COMPLAINT FILE
19 UNLESS PURSUANT TO SUBSECTION (C) AND UNLESS THE DEPARTMENT HAS
20 POSITIVELY IDENTIFIED THE REPRESENTATIVE OF THE CHILD PROTECTIVE
21 SERVICE REQUESTING THE INFORMATION AND THE DEPARTMENT HAS
22 INQUIRED INTO AND IS SATISFIED THAT SUCH PERSON HAS A LEGITIMATE
23 NEED, WITHIN THE SCOPE OF HIS OFFICIAL DUTIES AND THE PROVISIONS
24 OF SUBSECTION (C), TO OBTAIN SUCH INFORMATION. INFORMATION IN
25 THE STATEWIDE CENTRAL REGISTER OR PENDING COMPLAINT FILE SHALL
26 NOT BE RELEASED FOR ANY PURPOSE OR TO ANY INDIVIDUAL NOT
27 SPECIFIED IN SECTION 6384.
28 (E) PERSONS RECEIVING INFORMATION.--EXCEPT AS PROVIDED IN
29 SUBSECTIONS (F) AND (M), PERSONS RECEIVING INFORMATION FROM THE
30 STATEWIDE CENTRAL REGISTER OR PENDING COMPLAINT FILE MAY BE
19870H1734B3948 - 16 -
1 INFORMED ONLY AS TO WHETHER THE REPORT IS A FOUNDED OR INDICATED
2 ABUSE OR IS UNDER INVESTIGATION, THE NUMBER OF SUCH REPORTS, THE
3 NATURE AND EXTENT OF THE ALLEGED OR ACTUAL INSTANCES OF CHILD
4 ABUSE, AND THE COUNTY IN WHICH SUCH REPORTS ARE INVESTIGATED.
5 (F) NOTICE TO AGENCY.--UPON RECEIPT OF A COMPLAINT OF
6 SUSPECTED CHILD ABUSE THE DEPARTMENT SHALL FORTHWITH TRANSMIT
7 ORALLY TO THE APPROPRIATE CHILD PROTECTIVE SERVICE NOTICE THAT
8 SUCH COMPLAINT OF SUSPECTED CHILD ABUSE HAS BEEN RECEIVED AND
9 THE SUBSTANCE OF THAT COMPLAINT. IF THE STATEWIDE CENTRAL
10 REGISTER OR THE PENDING COMPLAINT FILE CONTAINS INFORMATION
11 INDICATING A PREVIOUS REPORT OR A CURRENT INVESTIGATION
12 CONCERNING A SUBJECT OF SUCH REPORT, THE DEPARTMENT SHALL
13 IMMEDIATELY NOTIFY THE APPROPRIATE CHILD PROTECTIVE SERVICE OF
14 THIS FACT. IF THE COMPLAINT RECEIVED DOES NOT SUGGEST SUSPECTED
15 CHILD ABUSE BUT DOES SUGGEST A NEED FOR SOCIAL SERVICES OR OTHER
16 SERVICES OR INVESTIGATION, THE DEPARTMENT SHALL TRANSMIT SUCH
17 INFORMATION TO THE COUNTY CHILDREN AND YOUTH SOCIAL SERVICES
18 AGENCY OR OTHER PUBLIC AGENCY FOR APPROPRIATE ACTION. SUCH
19 INFORMATION SHALL NOT BE CONSIDERED A CHILD ABUSE REPORT UNLESS
20 THE AGENCY TO WHICH THE INFORMATION WAS REFERRED, HAS REASON TO
21 BELIEVE AFTER INVESTIGATION THAT ABUSE OCCURRED. IF THE AGENCY
22 HAS REASON TO BELIEVE THAT ABUSE OCCURRED, THE AGENCY SHALL
23 NOTIFY THE DEPARTMENT AND THE INITIAL COMPLAINT SHALL BE
24 CONSIDERED TO HAVE BEEN A CHILD ABUSE REPORT. NO INFORMATION
25 OTHER THAN THAT PERMITTED IN SUBSECTION (I) SHALL BE RETAINED IN
26 THE STATEWIDE CENTRAL REGISTER, THE PENDING COMPLAINT FILE OR
27 OTHERWISE BY THE DEPARTMENT.
28 (G) RECORDS.--UPON RECEIPT OF A COMPLAINT OF SUSPECTED CHILD
29 ABUSE, THE DEPARTMENT SHALL MAINTAIN A RECORD OF THE COMPLAINT
30 OF SUSPECTED CHILD ABUSE IN THE PENDING COMPLAINT FILE. NO
19870H1734B3948 - 17 -
1 INFORMATION OTHER THAN THAT PERMITTED TO BE RETAINED IN THE
2 STATEWIDE CENTRAL REGISTER IN SUBSECTION (I) SHALL BE RETAINED
3 IN THE PENDING COMPLAINT FILE. EXCEPT AS PROVIDED IN SUBSECTIONS
4 (C), (F) AND (M) AND SECTION 6384, NO PERSON, OTHER THAN AN
5 EMPLOYE OF THE DEPARTMENT IN THE COURSE OF HIS OFFICIAL DUTIES
6 IN CONNECTION WITH THE DEPARTMENT'S RESPONSIBILITIES UNDER THIS
7 SUBCHAPTER SHALL AT ANY TIME HAVE ACCESS TO ANY INFORMATION IN
8 THE PENDING COMPLAINT FILE OR STATEWIDE CENTRAL REGISTER.
9 (H) UNFOUNDED REPORTS.--WHEN A REPORT OF SUSPECTED CHILD
10 ABUSE IS DETERMINED BY THE APPROPRIATE CHILD PROTECTIVE SERVICE
11 TO BE A FOUNDED REPORT OR AN INDICATED REPORT, THE INFORMATION
12 CONCERNING SUCH REPORT OF SUSPECTED CHILD ABUSE SHALL BE
13 EXPUNGED FORTHWITH FROM THE PENDING COMPLAINT FILE AND AN
14 APPROPRIATE ENTRY SHALL BE MADE IN THE STATEWIDE CENTRAL
15 REGISTER. NOTICE OF SUCH DETERMINATION MUST BE GIVEN TO THE
16 SUBJECTS OF THE REPORT OTHER THAN THE ABUSED CHILD ALONG WITH AN
17 EXPLANATION OF THE IMPLICATIONS OF SUCH A FINDING. NOTICE GIVEN
18 TO SUBJECTS OF THE REPORT SHALL INCLUDE NOTICE THAT THEIR
19 ABILITY TO OBTAIN EMPLOYMENT IN A CHILD CARE FACILITY OR PROGRAM
20 MAY BE ADVERSELY AFFECTED BY ENTRY OF THE REPORT IN THE
21 STATEWIDE CENTRAL REGISTER. THE NOTICE SHALL ALSO INFORM THE
22 SUBJECT OF THE REPORT OF HIS RIGHT, AT ANY TIME, TO REQUEST THE
23 SECRETARY TO AMEND, SEAL OR EXPUNGE INFORMATION CONTAINED IN THE
24 STATEWIDE CENTRAL REGISTER AND HIS RIGHT TO A HEARING IF THE
25 REQUEST IS DENIED. WHEN A REPORT OF SUSPECTED CHILD ABUSE IS
26 DETERMINED BY THE APPROPRIATE CHILD PROTECTIVE SERVICE TO BE AN
27 UNFOUNDED REPORT, THE INFORMATION CONCERNING SUCH REPORT OF
28 SUSPECTED CHILD ABUSE SHALL BE EXPUNGED FROM THE PENDING
29 COMPLAINT FILE WITHIN 12 MONTHS OF THE DATE THE REPORT WAS
30 RECEIVED BY THE DEPARTMENT AND NO INFORMATION OTHER THAN THAT
19870H1734B3948 - 18 -
1 AUTHORIZED BY SUBSECTION (K), WHICH SHALL NOT INCLUDE ANY
2 IDENTIFYING INFORMATION ON ANY SUBJECT OF SUCH REPORT, SHALL BE
3 RETAINED BY THE DEPARTMENT.
4 (I) CONTENT OF CENTRAL REGISTER.--THE STATEWIDE CENTRAL
5 REGISTER SHALL INCLUDE AND SHALL BE LIMITED TO THE FOLLOWING
6 INFORMATION: THE NAMES, SOCIAL SECURITY NUMBERS, AGE AND SEX OF
7 THE SUBJECTS OF THE REPORTS; THE DATE OR DATES AND THE NATURE
8 AND EXTENT OF THE ALLEGED INSTANCES OF SUSPECTED CHILD ABUSE;
9 THE HOME ADDRESSES OF SUBJECTS OF THE REPORT; THE COUNTY IN
10 WHICH THE SUSPECTED ABUSE OCCURRED; FAMILY COMPOSITION; THE NAME
11 AND RELATIONSHIP TO THE ABUSED CHILD OF THE PERSON OR PERSONS
12 RESPONSIBLE FOR CAUSING THE ABUSE; THE SOURCE OF THE REPORT;
13 SERVICES PLANNED OR PROVIDED; WHETHER THE REPORT IS A FOUNDED
14 REPORT OR AN INDICATED REPORT; AND THE PROGRESS OF ANY LEGAL
15 PROCEEDINGS BROUGHT ON THE BASIS OF THE REPORT OF SUSPECTED
16 CHILD ABUSE.
17 (J) DEPARTMENTAL INQUIRY.--IF, WITHIN 30 DAYS FROM THE DATE
18 OF AN INITIAL REPORT OF SUSPECTED CHILD ABUSE, THE APPROPRIATE
19 CHILD PROTECTIVE SERVICE HAS NOT PROPERLY INVESTIGATED SUCH
20 REPORT AND INFORMED THE DEPARTMENT THAT THE REPORT IS AN
21 INDICATED REPORT OR AN UNFOUNDED REPORT, UNLESS WITHIN THAT SAME
22 30-DAY PERIOD THE REPORT IS DETERMINED TO BE A FOUNDED REPORT,
23 THE DEPARTMENT SHALL IMMEDIATELY BEGIN AN INQUIRY INTO THE
24 PERFORMANCE OF THE CHILD PROTECTIVE SERVICE. THE INQUIRY MAY
25 INCLUDE A PERFORMANCE AUDIT OF THE CHILD PROTECTIVE SERVICE AS
26 PROVIDED IN SECTION 6389 (RELATING TO PERFORMANCE AUDIT). ON THE
27 BASIS OF THAT INQUIRY, THE DEPARTMENT IS AUTHORIZED, AND ITS
28 DUTY SHALL BE, TO TAKE APPROPRIATE ACTION TO REQUIRE THAT THE
29 PROVISIONS OF THIS SUBCHAPTER BE STRICTLY FOLLOWED. THIS ACTION
30 MAY INCLUDE, WITHOUT LIMITATION, THE INSTITUTION OF APPROPRIATE
19870H1734B3948 - 19 -
1 LEGAL ACTION AND THE WITHHOLDING OF REIMBURSEMENT FOR ALL OR
2 PART OF THE ACTIVITIES OF THE COUNTY CHILDREN AND YOUTH SOCIAL
3 SERVICE AGENCY.
4 (K) EXPUNGEMENT OF RECORDS.--IF AN INVESTIGATION OF A REPORT
5 OF SUSPECTED CHILD ABUSE CONDUCTED BY THE APPROPRIATE CHILD
6 PROTECTIVE SERVICE PURSUANT TO THIS SUBCHAPTER DOES NOT
7 DETERMINE WITHIN 60 DAYS OF THE DATE OF THE INITIAL REPORT OF
8 SUCH INSTANCE OF SUSPECTED CHILD ABUSE THAT THE REPORT IS AN
9 INDICATED REPORT OR AN UNFOUNDED REPORT, UNLESS WITHIN THAT SAME
10 60-DAY PERIOD COURT ACTION HAS BEEN INITIATED AND IS RESPONSIBLE
11 FOR THE DELAY, THE REPORT SHALL BE CONSIDERED TO BE AN UNFOUNDED
12 REPORT AND ALL INFORMATION IDENTIFYING THE SUBJECTS OF SUCH
13 REPORT SHALL BE EXPUNGED WITHIN 12 MONTHS. THE AGENCY SHALL SO
14 ADVISE THE DEPARTMENT THAT COURT ACTION HAS BEEN INITIATED SO
15 THAT THE PENDING COMPLAINT FILE IS KEPT UP-TO-DATE REGARDING THE
16 STATUS OF ALL LEGAL PROCEEDINGS AND EXPUNGEMENT DELAYED. NOTHING
17 IN THIS SUBSECTION SHALL IN ANY WAY LIMIT THE POWERS AND DUTIES
18 OF THE DEPARTMENT AS PROVIDED IN SUBSECTION (J).
19 (L) ENFORCEMENT.--ALL INFORMATION IDENTIFYING THE SUBJECTS
20 OF ANY REPORT OF SUSPECTED CHILD ABUSE DETERMINED TO BE AN
21 UNFOUNDED REPORT SHALL BE EXPUNGED FROM THE PENDING COMPLAINT
22 FILE WITHIN 12 MONTHS OF THE DATE THE REPORT WAS RECEIVED BY THE
23 DEPARTMENT. SUCH EXPUNGEMENT SHALL BE MANDATED AND GUARANTEED BY
24 THE DEPARTMENT. PERSONS OR OFFICIALS AUTHORIZED TO KEEP SUCH
25 RECORDS AS MENTIONED IN THIS SUBSECTION AND SUBSECTION (N) WHO
26 WILLFULLY FAILS TO DO SO SHALL BE GUILTY OF A SUMMARY OFFENSE,
27 EXCEPT THAT FOR A SECOND AND SUBSEQUENT OFFENSE SHALL BE GUILTY
28 OF A MISDEMEANOR OF THE THIRD DEGREE. FURTHERMORE, THE ATTORNEY
29 GENERAL SHALL CONDUCT A MANDATED AUDIT DONE RANDOMLY BUT AT
30 LEAST ONCE DURING EACH YEAR ON AN UNANNOUNCED BASIS TO ENSURE
19870H1734B3948 - 20 -
1 THAT THE EXPUNGEMENT REQUIREMENTS ARE BEING FULLY AND PROPERLY
2 CONDUCTED.
3 (M) STUDIES.--THE DEPARTMENT MAY CONDUCT OR AUTHORIZE THE
4 CONDUCTING OF STUDIES OF THE DATA CONTAINED IN THE PENDING
5 COMPLAINT FILE AND THE STATEWIDE CENTRAL REGISTERS AND COUNTY
6 AGENCIES AND DISTRIBUTE THE RESULTS OF SUCH STUDIES, PROVIDED
7 THAT NO SUCH STUDY SHALL CONTAIN THE NAME OR OTHER INFORMATION
8 BY WHICH A SUBJECT OF A REPORT COULD BE IDENTIFIED. FURTHERMORE,
9 THE DEPARTMENT MAY ALLOW FEDERAL AUDITORS ACCESS TO
10 NONIDENTIFIABLE DUPLICATES OF REPORTS IN THE PENDING COMPLAINT
11 FILE AND THE STATEWIDE CENTRAL REGISTER IF REQUIRED FOR FEDERAL
12 FINANCIAL PARTICIPATION IN FUNDING OF AGENCIES.
13 (N) IDENTIFYING INFORMATION.--ALL INFORMATION IDENTIFYING
14 THE SUBJECTS OF ALL INDICATED REPORTS AND ALL INFORMATION
15 IDENTIFYING THE SUBJECT CHILD OF ALL FOUNDED REPORTS SHALL BE
16 EXPUNGED WHEN THE SUBJECT CHILD REACHES THE AGE OF 18, UNLESS
17 ANOTHER REPORT IS RECEIVED INVOLVING THE SAME CHILD, HIS SIBLING
18 OR OFFSPRING OR ANOTHER CHILD IN THE CARE OF THE PERSONS
19 RESPONSIBLE FOR THE SUBJECT CHILD'S WELFARE. THE IDENTIFYING
20 INFORMATION MAY THEN BE MAINTAINED IN THE REGISTER FOR FIVE
21 YEARS AFTER THE SUBSEQUENT CASE OR REPORT IS CLOSED. SUCH
22 EXPUNGEMENT SHALL BE MANDATED PURSUANT TO SUBSECTION (L).
23 (O) AMENDMENT, SEALING, ETC.--AT ANY TIME, THE SECRETARY MAY
24 AMEND, SEAL OR EXPUNGE ANY RECORD UPON GOOD CAUSE SHOWN AND
25 NOTICE TO THE APPROPRIATE SUBJECTS OF THE REPORT. ONCE SEALED, A
26 RECORD SHALL NOT BE OTHERWISE AVAILABLE EXCEPT AS PROVIDED IN
27 SUBSECTION (M) OR EXCEPT IF THE SECRETARY, UPON NOTICE TO THE
28 SUBJECTS OF THE REPORT, GIVES HIS PERSONAL APPROVAL FOR AN
29 APPROPRIATE REASON.
30 (P) CONTROL AND DISPOSITION OF RECORDS.--FILES, REPORTS AND
19870H1734B3948 - 21 -
1 RECORDS RELATING TO CHILD ABUSE COLLECTED OR FILED BY AND IN THE
2 DEPARTMENT PRIOR TO NOVEMBER 26, 1975, ARE UNDER THE CONTROL OF
3 THE DEPARTMENT PURSUANT TO THIS SUBCHAPTER. WITHIN SIX MONTHS OF
4 NOVEMBER 26, 1975, THE DEPARTMENT SHALL HAVE DESTROYED ALL
5 INDIVIDUALLY IDENTIFIABLE RECORDS CONCERNING CHILD ABUSE EXCEPT
6 FOR THE PURPOSES OF STATISTICAL STUDY BY THE DEPARTMENT PURSUANT
7 TO SUBSECTION (M).
8 § 6384. CONFIDENTIALITY OF RECORDS.
9 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SECTION 6383
10 (RELATING TO RECORDKEEPING DUTIES OF THE DEPARTMENT) REPORTS
11 MADE PURSUANT TO THIS SUBCHAPTER, INCLUDING, BUT NOT LIMITED TO,
12 REPORT SUMMARIES OF CHILD ABUSE MADE PURSUANT TO SECTION 6375(B)
13 (RELATING TO REPORTING PROCEDURE) AND WRITTEN REPORTS MADE
14 PURSUANT TO SECTION 6375(C) AS WELL AS ANY OTHER INFORMATION
15 OBTAINED, REPORTS WRITTEN OR PHOTOGRAPHS OR X-RAYS TAKEN
16 CONCERNING ALLEGED INSTANCES OF CHILD ABUSE IN THE POSSESSION OF
17 THE DEPARTMENT, A COUNTY CHILDREN AND YOUTH SOCIAL SERVICE
18 AGENCY OR A CHILD PROTECTIVE SERVICE SHALL BE CONFIDENTIAL AND
19 SHALL ONLY BE MADE AVAILABLE TO:
20 (1) AN AUTHORIZED OFFICIAL OF A CHILD PROTECTIVE SERVICE
21 IN THE COURSE OF HIS OFFICIAL DUTIES, MULTIDISCIPLINARY TEAM
22 MEMBERS ASSIGNED TO THE CASE, AND AUTHORIZED PERSONS
23 PROVIDING SERVICES PURSUANT TO SECTION 6386(8) (RELATING TO
24 ABUSE REPORTS).
25 (2) A PHYSICIAN EXAMINING OR TREATING A CHILD OR THE
26 DIRECTOR OR A PERSON SPECIFICALLY DESIGNATED IN WRITING BY
27 SUCH DIRECTOR OF ANY HOSPITAL OR OTHER MEDICAL INSTITUTION
28 WHERE A CHILD IS BEING TREATED, WHERE THE PHYSICIAN OR THE
29 DIRECTOR OR HIS DESIGNEE SUSPECT THE CHILD OF BEING AN ABUSED
30 CHILD.
19870H1734B3948 - 22 -
1 (3) A GUARDIAN AD LITEM FOR THE CHILD.
2 (4) AN AUTHORIZED OFFICIAL OR AGENT OF THE DEPARTMENT IN
3 ACCORDANCE WITH DEPARTMENT REGULATIONS OR IN ACCORDANCE WITH
4 THE CONDUCT OF A PERFORMANCE AUDIT AS AUTHORIZED BY SECTION
5 6389 (RELATING TO PERFORMANCE AUDIT).
6 (5) A COURT OF COMPETENT JURISDICTION PURSUANT TO A
7 COURT ORDER.
8 (6) A STANDING COMMITTEE OF THE GENERAL ASSEMBLY, AS
9 SPECIFIED IN SECTION 6394 (RELATING TO LEGISLATIVE
10 OVERSIGHT).
11 (7) THE ATTORNEY GENERAL.
12 (8) FEDERAL AUDITORS IF REQUIRED FOR FEDERAL FINANCIAL
13 PARTICIPATION IN FUNDING OF AGENCIES PROVIDED THAT FEDERAL
14 AUDITORS MAY NOT HAVE ACCESS TO IDENTIFIABLE REPORTS.
15 (9) LAW ENFORCEMENT OFFICIALS IN THE COURSE OF
16 INVESTIGATING CASES OF (I) HOMICIDE, SEXUAL ABUSE OR
17 EXPLOITATION, OR SERIOUS BODILY INJURY AS PERPETRATED BY
18 PERSONS WHETHER RELATED OR NOT RELATED TO THE VICTIM; (II)
19 CHILD ABUSE PERPETRATED BY PERSONS WHO ARE NOT FAMILY
20 MEMBERS; OR (III) REPEATED PHYSICAL INJURY TO A CHILD UNDER
21 CIRCUMSTANCES WHICH INDICATE THAT THE CHILD'S HEALTH OR
22 WELFARE IS HARMED OR THREATENED.
23 (10) LAW ENFORCEMENT OFFICIALS, WHO SHALL RECEIVE
24 REPORTS OF ABUSE IN WHICH THE INITIAL REVIEW GIVES EVIDENCE
25 THAT THE ABUSE IS HOMICIDE, SEXUAL ABUSE OR EXPLOITATION,
26 SERIOUS BODILY INJURY PERPETRATED BY PERSONS WHETHER RELATED
27 OR NOT RELATED TO THE VICTIM OR CHILD ABUSE PERPETRATED BY
28 PERSONS WHO ARE NOT FAMILY MEMBERS. REPORTS REFERRED TO LAW
29 ENFORCEMENT OFFICIALS SHALL BE ON SUCH FORMS PROVIDED BY AND
30 ACCORDING TO REGULATIONS PROMULGATED BY THE DEPARTMENT. FOR
19870H1734B3948 - 23 -
1 PURPOSES OF THIS SUBSECTION "SERIOUS BODILY INJURY" MEANS
2 BODILY INJURY WHICH CREATES A SUBSTANTIAL RISK OF DEATH OR
3 WHICH CAUSES SERIOUS PERMANENT DISFIGUREMENT OR PROTRACTED
4 LOSS OR IMPAIRMENT OF THE FUNCTION OF ANY BODILY MEMBER OR
5 ORGAN.
6 (11) COUNTY COMMISSIONERS, TO WHOM THE DEPARTMENT SHALL
7 FORWARD SPECIFIC FILES UPON REQUEST, FOR REVIEW WHEN
8 INVESTIGATING THE COMPETENCE OF COUNTY CHILDREN AND YOUTH
9 EMPLOYEES.
10 (12) A MANDATED REPORTER OF CHILD ABUSE AS DEFINED IN
11 SECTION 6373 (RELATING TO PERSONS REQUIRED TO REPORT
12 SUSPECTED ABUSE) WHO MADE A REPORT OF ABUSE INVOLVING THE
13 SUBJECT CHILD, PROVIDED THAT THE INFORMATION PERMITTED TO BE
14 RELEASED TO SUCH MANDATED REPORTER SHALL BE LIMITED TO THE
15 FOLLOWING:
16 (I) THE FINAL STATUS OF THE REPORT FOLLOWING THE
17 INVESTIGATION, WHETHER IT BE INDICATED, FOUNDED OR
18 UNFOUNDED; AND
19 (II) ANY SERVICES PROVIDED, ARRANGED FOR, OR TO BE
20 PROVIDED BY THE CHILD PROTECTIVE SERVICE TO PROTECT THE
21 CHILD FROM FURTHER ABUSE.
22 (B) COPY OF INFORMATION.--AT ANY TIME A SUBJECT OF A REPORT
23 MAY RECEIVE, UPON WRITTEN REQUEST, A COPY OF ALL INFORMATION,
24 EXCEPT THAT PROHIBITED FROM BEING DISCLOSED BY SUBSECTION (C),
25 CONTAINED IN THE STATEWIDE CENTRAL REGISTER OR IN ANY REPORT
26 FILED PURSUANT TO SECTION 6375.
27 (C) RELEASE OF CERTAIN DATA PROHIBITED.--THE RELEASE OF DATA
28 THAT WOULD IDENTIFY THE PERSON WHO MADE A REPORT OF SUSPECTED
29 CHILD ABUSE OR PERSON WHO COOPERATED IN A SUBSEQUENT
30 INVESTIGATION IS PROHIBITED UNLESS THE SECRETARY FINDS THAT SUCH
19870H1734B3948 - 24 -
1 RELEASE WILL NOT BE DETRIMENTAL TO THE SAFETY OF SUCH PERSON.
2 (D) REQUEST TO SECRETARY TO EXPUNGE, SEAL, ETC.--AT ANY TIME
3 A SUBJECT OF A REPORT MAY REQUEST THE SECRETARY TO AMEND, SEAL
4 OR EXPUNGE INFORMATION CONTAINED IN THE STATEWIDE CENTRAL
5 REGISTER ON THE GROUNDS THAT IT IS INACCURATE OR IT IS BEING
6 MAINTAINED IN A MANNER INCONSISTENT WITH THIS ARTICLE. IF THE
7 SECRETARY GRANTS THE REQUEST, THE STATEWIDE CENTRAL REGISTER,
8 APPROPRIATE CHILD PROTECTIVE SERVICE AGENCY AND ALL SUBJECTS
9 SHALL BE SO ADVISED WITHIN SEVEN DAYS FROM THE DATE OF THIS
10 DECISION. THE CHILD PROTECTIVE SERVICE AGENCY AND ANY SUBJECT
11 HAVE 45 DAYS IN WHICH TO FILE AN APPEAL WITH THE SECRETARY. IF
12 SUCH AN APPEAL IS RECEIVED, THE SECRETARY OR HIS DESIGNATED
13 AGENCY SHALL SCHEDULE A HEARING PURSUANT TO 2 PA.C.S. (RELATING
14 TO ADMINISTRATIVE LAW AND PROCEDURE) AND ATTENDING DEPARTMENTAL
15 REGULATIONS. IF NO APPEAL IS RECEIVED WITHIN THE DESIGNATED TIME
16 PERIOD, THE STATEWIDE CENTRAL REGISTER SHALL COMPLY WITH THE
17 DECISION OF THE SECRETARY AND ADVISE THE CHILD PROTECTIVE
18 SERVICE AGENCY TO AMEND, SEAL OR EXPUNGE THE INFORMATION IN
19 THEIR RECORDS SO THAT THE RECORDS ARE CONSISTENT AT BOTH THE
20 STATE AND LOCAL LEVELS. IF THE SECRETARY REFUSES OR DOES NOT ACT
21 WITHIN A REASONABLE TIME, BUT IN NO EVENT LATER THAN 30 DAYS
22 AFTER RECEIPT OF SUCH REQUEST, THE SUBJECT SHALL HAVE THE RIGHT
23 TO A HEARING BEFORE THE SECRETARY OR THE DESIGNATED AGENT OR THE
24 SECRETARY TO DETERMINE WHETHER THE SUMMARY IN THE STATEWIDE
25 CENTRAL REGISTER OR THE CONTENTS OF ANY REPORT FILED PURSUANT TO
26 SECTION 6375 SHOULD BE AMENDED, SEALED OR EXPUNGED ON THE
27 GROUNDS THAT IT IS INACCURATE OR IT IS BEING MAINTAINED IN A
28 MANNER INCONSISTENT WITH THIS ARTICLE. THE APPROPRIATE CHILD
29 PROTECTIVE SERVICE SHALL BE GIVEN NOTICE OF THE HEARING. THE
30 BURDEN OF PROOF IN SUCH HEARING SHALL BE ON THE APPROPRIATE
19870H1734B3948 - 25 -
1 CHILD PROTECTIVE SERVICE. THE DEPARTMENT SHALL ASSIST THE CHILD
2 PROTECTIVE SERVICE AS NECESSARY. IN SUCH HEARINGS, THE FACT THAT
3 THERE WAS A COURT FINDING OF CHILD ABUSE SHALL BE PRESUMPTIVE
4 EVIDENCE THAT THE REPORT WAS SUBSTANTIATED. THE SECRETARY OR THE
5 DESIGNATED AGENT OF THE SECRETARY IS AUTHORIZED AND EMPOWERED TO
6 MAKE ANY APPROPRIATE ORDER RESPECTING THE AMENDMENT OR
7 EXPUNGEMENT OF SUCH RECORDS TO MAKE THEM ACCURATE OR CONSISTENT
8 WITH THE REQUIREMENTS OF THIS SUBCHAPTER.
9 (E) NOTICE OF EXPUNGEMENT.--WRITTEN NOTICE OF ANY
10 EXPUNGEMENT OF ANY RECORD MADE PURSUANT TO THE PROVISIONS OF
11 THIS ARTICLE SHALL BE SERVED UPON THE SUBJECT OF SUCH RECORD WHO
12 WAS RESPONSIBLE FOR THE ABUSE AND THE APPROPRIATE CHILD
13 PROTECTIVE SERVICE. THE LATTER, UPON RECEIPT OF SUCH NOTICE,
14 SHALL TAKE APPROPRIATE, SIMILAR ACTION IN REGARD TO THE LOCAL
15 CHILD ABUSE RECORDS AND INFORM, FOR THE SAME PURPOSE, THE
16 APPROPRIATE CORONER IF SUCH OFFICER HAS RECEIVED REPORTS
17 PURSUANT TO SECTION 6386(3). WHENEVER THE INVESTIGATION REVEALS
18 THAT THE REPORT IS UNFOUNDED BUT THAT THE SUBJECTS NEED SERVICES
19 AND VOLUNTARILY ACCEPT SERVICES, THE COUNTY CHILDREN AND YOUTH
20 SOCIAL SERVICE AGENCY MAY RETAIN THOSE PORTIONS OF ITS RECORDS
21 WHICH DO NOT SPECIFICALLY IDENTIFY THE SOURCE OF THE
22 INVESTIGATION OR REPORT AS SUSPECTED CHILD ABUSE.
23 (F) PENALTY.--
24 (1) ANY PERSON WHO WILLFULLY FAILS TO OBEY A FINAL ORDER
25 OF THE SECRETARY OR HIS DESIGNATED AGENT TO AMEND OR EXPUNGE
26 THE SUMMARY OF THE REPORT IN THE STATEWIDE CENTRAL REGISTER
27 OR THE CONTENTS OF ANY REPORT FILED PURSUANT TO SECTION 6375
28 SHALL BE GUILTY OF A SUMMARY OFFENSE.
29 (2) ANY PERSON WHO WILLFULLY RELEASES OR PERMITS THE
30 RELEASE OF ANY DATA AND INFORMATION CONTAINED IN THE PENDING
19870H1734B3948 - 26 -
1 COMPLAINT FILE, THE STATEWIDE CENTRAL REGISTER OR THE CHILD
2 WELFARE RECORDS REQUIRED BY THIS SUBCHAPTER, INCLUDING
3 RECORDS MAINTAINED BY ANY COUNTY CHILDREN AND YOUTH SOCIAL
4 SERVICE AGENCY AND ANY CHILD PROTECTIVE SERVICE, TO PERSONS
5 OR AGENCIES NOT PERMITTED BY THIS SUBCHAPTER SHALL BE GUILTY
6 OF A MISDEMEANOR OF THE THIRD DEGREE.
7 § 6385. CHILD PROTECTIVE SERVICE RESPONSIBILITIES AND
8 ORGANIZATION.
9 (A) ESTABLISHMENT AND FUNCTIONS.--UNLESS THE DEPARTMENT
10 FINDS IT IS UNFEASIBLE, EVERY COUNTY CHILDREN AND YOUTH SOCIAL
11 SERVICE AGENCY SHALL ESTABLISH A "CHILD PROTECTIVE SERVICE"
12 WITHIN EACH AGENCY. THE CHILD PROTECTIVE SERVICE SHALL PERFORM
13 THOSE FUNCTIONS ASSIGNED BY THIS SUBCHAPTER TO IT AND ONLY SUCH
14 OTHERS THAT WOULD FURTHER THE PURPOSES OF THIS SUBCHAPTER. IT
15 SHALL HAVE A SUFFICIENT STAFF OF SUFFICIENT QUALIFICATIONS TO
16 FULFILL THE PURPOSES OF THIS SUBCHAPTER AND ORGANIZED IN SUCH A
17 WAY AS TO MAXIMIZE THE CONTINUITY OF RESPONSIBILITY, CARE AND
18 SERVICES OF INDIVIDUAL WORKERS TOWARD INDIVIDUAL CHILDREN AND
19 FAMILIES. THE CHILD PROTECTIVE SERVICE OF THE COUNTY CHILDREN
20 AND YOUTH SOCIAL SERVICE AGENCY SHALL BE THE SOLE CIVIL AGENCY
21 RESPONSIBLE FOR RECEIVING AND INVESTIGATING ALL REPORTS OF CHILD
22 ABUSE MADE PURSUANT TO THIS SUBCHAPTER, SPECIFICALLY INCLUDING
23 BUT NOT LIMITED TO REPORTS OF CHILD ABUSE IN FACILITIES OPERATED
24 BY THE DEPARTMENT AND OTHER PUBLIC AGENCIES, FOR THE PURPOSE OF
25 PROVIDING PROTECTIVE SERVICES TO PREVENT FURTHER ABUSES TO
26 CHILDREN, TO PROVIDE OR ARRANGE FOR AND MONITOR THE PROVISION OF
27 THOSE SERVICES NECESSARY TO SAFEGUARD AND ENSURE THE CHILD'S
28 WELL-BEING AND DEVELOPMENT AND TO PRESERVE AND STABILIZE FAMILY
29 LIFE WHEREVER APPROPRIATE; PROVIDED, HOWEVER, THAT, WHEN THE
30 SUSPECTED ABUSE HAS BEEN COMMITTED BY THE AGENCY OR ANY OF ITS
19870H1734B3948 - 27 -
1 AGENTS OR EMPLOYEES, THE DEPARTMENT SHALL ASSUME THE ROLE OF THE
2 AGENCY WITH REGARD TO THE INVESTIGATION AND DIRECTLY REFER THE
3 CHILD FOR SERVICES. FURTHER, WHERE SUSPECTED CHILD ABUSE HAS
4 OCCURRED AND AN EMPLOYEE OR AGENT OF THE DEPARTMENT OR THE
5 COUNTY CHILDREN AND YOUTH SOCIAL SERVICE AGENCY OR A PRIVATE OR
6 PUBLIC INSTITUTION IS A SUBJECT OF THE REPORT, THE DEPARTMENT,
7 AGENCY OR INSTITUTION SHALL BE INFORMED OF THE INVESTIGATION SO
8 THAT IT MAY TAKE APPROPRIATE ACTION.
9 (B) OTHER AGENCIES.--ANY OTHER PROVISION OF LAW
10 NOTWITHSTANDING, BUT CONSISTENT WITH SUBSECTION (A), THE COUNTY
11 CHILDREN AND YOUTH SOCIAL SERVICE AGENCY, BASED UPON THE LOCAL
12 PLAN OF SERVICES AS PROVIDED IN SUBSECTION (C), MAY PURCHASE AND
13 UTILIZE THE SERVICES OF ANY APPROPRIATE PUBLIC OR PRIVATE
14 AGENCY.
15 (C) LOCAL PLAN.--NO LATER THAN ONCE EACH YEAR AS REQUIRED BY
16 THE DEPARTMENT, EACH COUNTY AGENCY CHILD PROTECTIVE SERVICE
17 SHALL PREPARE AND SUBMIT A LOCAL PLAN FOR THE PROVISION OF CHILD
18 PROTECTIVE SERVICES. THE LOCAL PLAN MAY BE A COMPONENT OF A
19 COUNTY HUMAN SERVICE PLAN OR A CHILDREN AND YOUTH PLAN. THE
20 DEPARTMENT SHALL CERTIFY WHETHER OR NOT THE LOCAL PLAN FULFILLS
21 THE PURPOSES OF AND MEETS THE REQUIREMENTS SET FORTH IN THIS
22 SUBCHAPTER. IF THE DEPARTMENT CERTIFIES THAT THE LOCAL PLAN DOES
23 NOT DO SO, THE DEPARTMENT SHALL STATE THE REASONS THEREFOR AND
24 MAY WITHHOLD REIMBURSEMENT FOR ALL OR PART OF THE ACTIVITIES OF
25 THE AGENCY. IF THE DEPARTMENT FINDS THAT A PROPOSED LOCAL PLAN
26 DOES NOT MEET THE REQUIREMENTS SET FORTH IN THIS SUBCHAPTER, THE
27 CHILD PROTECTIVE SERVICE SHALL REVISE THE LOCAL PLAN IN
28 ACCORDANCE WITH THE DEPARTMENT'S REASONS FOR DISAPPROVAL.
29 (D) REQUIRED SERVICES.--EACH CHILD PROTECTIVE SERVICE SHALL
30 MAKE AVAILABLE AMONG ITS SERVICES FOR THE PREVENTION AND
19870H1734B3948 - 28 -
1 TREATMENT OF CHILD ABUSE MULTIDISCIPLINARY TEAMS, INSTRUCTION
2 AND EDUCATION FOR PARENTHOOD, PROTECTIVE AND PREVENTIVE SOCIAL
3 COUNSELING, EMERGENCY CARETAKER SERVICES, EMERGENCY SHELTER
4 CARE, EMERGENCY MEDICAL SERVICES, AND THE ESTABLISHMENT OF
5 GROUPS ORGANIZED BY FORMER ABUSING PARENTS TO ENCOURAGE SELF-
6 REPORTING AND SELF-TREATMENT OF PRESENT ABUSERS.
7 (E) DEPARTMENTAL WAIVER OF REQUIREMENTS.--THE DEPARTMENT MAY
8 WAIVE THE REQUIREMENTS THAT A COUNTY ESTABLISH A SEPARATE CHILD
9 PROTECTIVE SERVICE UPON A SHOWING BY THE COUNTY THAT:
10 (1) A SEPARATE CHILD PROTECTIVE SERVICE (I) WOULD NOT BE
11 CONDUCIVE TO THE BEST INTERESTS OF ALL CHILDREN WITHIN THE
12 COUNTY WHO NEED PUBLIC CHILD WELFARE SERVICES; AND (II) WOULD
13 NOT BE FEASIBLE OR ECONOMICAL AND,
14 (2) THE GOALS AND OBJECTIVES OF THIS SUBCHAPTER WILL
15 CONTINUE TO BE MET IF A WAIVER IS GRANTED. IF THE DEPARTMENT
16 GRANTS A WAIVER PURSUANT TO THIS SUBSECTION, THE COUNTY SHALL
17 BE BOUND BY ALL OTHER PROVISIONS OF THIS SUBCHAPTER,
18 INCLUDING REQUIREMENTS CONCERNING THE MAINTENANCE AND
19 DISCLOSURE OF CONFIDENTIAL INFORMATION AND RECORDS.
20 § 6386. ABUSE REPORTS.
21 EACH CHILD PROTECTIVE SERVICE SHALL:
22 (1) RECEIVE ON A 24-HOUR-A-DAY, 7-DAY-A-WEEK BASIS ALL
23 REPORTS, BOTH ORAL AND WRITTEN, OF SUSPECTED CHILD ABUSE IN
24 ACCORDANCE WITH THIS SUBCHAPTER, THE LOCAL PLAN FOR THE
25 PROVISION OF CHILD PROTECTIVE SERVICES AND THE REGULATIONS OF
26 THE DEPARTMENT.
27 (2) UPON THE RECEIPT OF EACH REPORT OF SUSPECTED CHILD
28 ABUSE MADE PURSUANT TO THIS SUBCHAPTER, IMMEDIATELY TRANSMIT,
29 A CHILD ABUSE REPORT SUMMARY AS PROVIDED IN SECTION 6375
30 (RELATING TO REPORTING PROCEDURE) TO THE DEPARTMENT.
19870H1734B3948 - 29 -
1 SUPPLEMENTAL REPORTS SHALL BE MADE AT REGULAR INTERVALS
2 THEREAFTER IN A MANNER AND FORM PRESCRIBED BY THE DEPARTMENT
3 BY REGULATION TO THE END THAT THE DEPARTMENT IS KEPT FULLY
4 INFORMED AND UP-TO-DATE CONCERNING THE STATUS OF REPORTS OF
5 CHILD ABUSE.
6 (3) GIVE TELEPHONE NOTICE AND FORWARD IMMEDIATELY A COPY
7 OF REPORTS MADE PURSUANT TO THIS SUBCHAPTER WHICH INVOLVE THE
8 DEATH OF A CHILD TO THE APPROPRIATE CORONER PURSUANT TO
9 SECTION 6378 (RELATING TO ADMISSION TO HOSPITALS).
10 (4) UPON RECEIPT OF EACH REPORT OF SUSPECTED CHILD
11 ABUSE, COMMENCE WITHIN 24 HOURS, AN APPROPRIATE
12 INVESTIGATION, WHICH SHALL INCLUDE A DETERMINATION OF THE
13 RISK TO SUCH CHILD OR CHILDREN IF THEY CONTINUE TO REMAIN IN
14 THE EXISTING HOME ENVIRONMENT AS WELL AS A DETERMINATION OF
15 THE NATURE, EXTENT, AND CAUSE OF ANY CONDITION ENUMERATED IN
16 SUCH REPORT, AND, AFTER SEEING TO THE SAFETY OF THE CHILD OR
17 CHILDREN, FORTHWITH NOTIFY THE SUBJECTS OF THE REPORT IN
18 WRITING, OF THE EXISTENCE OF THE REPORT AND THEIR RIGHTS
19 PURSUANT TO THIS SUBCHAPTER IN REGARD TO AMENDMENT OR
20 EXPUNGEMENT. THE INVESTIGATION SHALL BE COMPLETED WITHIN 30
21 DAYS.
22 (5) DETERMINE BY INVESTIGATION WHETHER THE CHILD IS
23 BEING HARMED BY FACTORS BEYOND THE CONTROL OF THE PARENT OR
24 OTHER PERSON RESPONSIBLE FOR THE CHILD'S WELFARE AND, IF SO
25 DETERMINED, PROMPTLY TAKE ALL AVAILABLE STEPS TO REMEDY AND
26 CORRECT SUCH CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE
27 COORDINATION OF SOCIAL SERVICES FOR THE CHILD AND THE FAMILY.
28 (6) DETERMINE, WITHIN 30 DAYS, WHETHER THE REPORT IS
29 FOUNDED, INDICATED OR UNFOUNDED.
30 (7) PURSUANT TO THE PROVISIONS OF SECTION 6377 (RELATING
19870H1734B3948 - 30 -
1 TO PROTECTIVE CUSTODY) AND AFTER COURT ORDER, TAKE A CHILD
2 INTO PROTECTIVE CUSTODY TO PROTECT HIM FROM FURTHER ABUSE. NO
3 CHILD PROTECTIVE SERVICES WORKER SHALL ENTER THE HOME OF ANY
4 INDIVIDUAL FOR THIS PURPOSE WITHOUT JUDICIAL AUTHORIZATION.
5 (8) BASED ON THE INVESTIGATION AND EVALUATION CONDUCTED
6 PURSUANT TO THIS SUBCHAPTER, PROVIDE OR CONTRACT WITH PRIVATE
7 OR PUBLIC AGENCIES FOR THE PROTECTION OF THE CHILD IN HIS
8 HOME WHENEVER POSSIBLE AND FOR THOSE SERVICES NECESSARY FOR
9 ADEQUATE CARE OF THE CHILD WHEN PLACED IN PROTECTIVE CUSTODY.
10 PRIOR TO OFFERING SUCH SERVICES TO A FAMILY, THE PROTECTIVE
11 SERVICE SHOULD EXPLAIN THAT IT HAS NO LEGAL AUTHORITY TO
12 COMPEL SUCH FAMILY TO RECEIVE THE SERVICES AND MAY INFORM THE
13 FAMILY OF THE OBLIGATIONS AND AUTHORITY OF THE CHILD
14 PROTECTIVE SERVICE TO INITIATE APPROPRIATE COURT PROCEEDINGS.
15 (9) IN THOSE CASES IN WHICH AN APPROPRIATE OFFER OF
16 SERVICE IS REFUSED AND THE CHILD PROTECTIVE SERVICE
17 DETERMINES THAT THE BEST INTERESTS OF THE CHILD REQUIRE COURT
18 ACTION, INITIATE THE APPROPRIATE COURT PROCEEDING.
19 (10) ASSIST THE COURT DURING ALL STAGES OF THE COURT
20 PROCEEDING IN ACCORDANCE WITH THE PURPOSES OF THIS
21 SUBCHAPTER.
22 (11) PROVIDE OR ARRANGE FOR AND MONITOR REHABILITATIVE
23 SERVICES FOR CHILDREN AND THEIR FAMILIES ON A VOLUNTARY BASIS
24 OR UNDER A FINAL OR INTERMEDIATE ORDER OF THE COURT.
25 (12) BE AS EQUALLY VIGILANT OF THE STATUS, WELL-BEING,
26 AND CONDITIONS UNDER WHICH A CHILD IS LIVING AND BEING
27 MAINTAINED IN A FACILITY OTHER THAN THAT OF HIS PARENT,
28 CUSTODIAN OR GUARDIAN FROM WHICH HE HAS BEEN REMOVED, AS IT
29 IS OF THE CONDITIONS IN THE DWELLING OF THE PARENT, CUSTODIAN
30 OR GUARDIAN. WHERE THE CHILD PROTECTIVE SERVICE FINDS THAT
19870H1734B3948 - 31 -
1 THE PLACEMENT FOR ANY TEMPORARY OR PERMANENT CUSTODY, CARE OR
2 TREATMENT IS FOR ANY REASON INAPPROPRIATE OR HARMFUL IN ANY
3 WAY TO THE CHILD'S PHYSICAL OR MENTAL WELL-BEING, IT SHALL
4 TAKE IMMEDIATE STEPS TO REMEDY THESE CONDITIONS INCLUDING
5 PETITIONING THE COURT.
6 § 6387. COOPERATION OF OTHER AGENCIES.
7 THE SECRETARY MAY REQUEST AND SHALL RECEIVE FROM DEPARTMENTS,
8 BOARDS, BUREAUS, OR OTHER AGENCIES OF THE COMMONWEALTH, OR ANY
9 OF ITS POLITICAL SUBDIVISIONS, OR ANY OTHER AGENCY PROVIDING
10 SERVICES UNDER THE LOCAL CHILD PROTECTIVE SERVICES PLAN SUCH
11 ASSISTANCE AND DATA AS WILL ENABLE THE DEPARTMENT AND THE CHILD
12 PROTECTIVE SERVICES TO FULFILL THEIR RESPONSIBILITIES PROPERLY,
13 INCLUDING LAW ENFORCEMENT PERSONNEL WHEN ASSISTANCE IS NEEDED IN
14 CONDUCTING AN INVESTIGATION OF ALLEGED CHILD ABUSE. SCHOOL
15 DISTRICTS SHALL COOPERATE WITH THE DEPARTMENT AND THE AGENCY BY
16 PROVIDING THEM UPON REQUEST WITH SUCH INFORMATION AS IS
17 CONSISTENT WITH LAW.
18 § 6388. ANNUAL REPORTS AND CIVIL PENALTIES.
19 (A) ANNUAL REPORTS.--NO LATER THAN APRIL 15 OF EVERY YEAR,
20 THE SECRETARY SHALL PREPARE AND TRANSMIT TO THE GOVERNOR AND THE
21 GENERAL ASSEMBLY A REPORT ON THE OPERATIONS OF THE CENTRAL
22 REGISTER OF CHILD ABUSE AND THE VARIOUS CHILD PROTECTIVE
23 SERVICES. THE REPORT SHALL INCLUDE A FULL STATISTICAL ANALYSIS
24 OF THE REPORTS OF SUSPECTED CHILD ABUSE MADE TO THE DEPARTMENT
25 TOGETHER WITH A REPORT ON THE IMPLEMENTATION OF THIS SUBCHAPTER
26 AND ITS TOTAL COST TO THE COMMONWEALTH, THE SECRETARY'S
27 EVALUATION OF SERVICES OFFERED UNDER THIS SUBCHAPTER AND
28 RECOMMENDATIONS FOR REPEAL OR FOR ADDITIONAL LEGISLATION TO
29 FULFILL THE PURPOSES OF THIS SUBCHAPTER. ALL SUCH
30 RECOMMENDATIONS SHOULD CONTAIN AN ESTIMATE OF INCREASED OR
19870H1734B3948 - 32 -
1 DECREASED COSTS RESULTING THEREFROM. THE REPORT SHALL ALSO
2 INCLUDE AN EXPLANATION OF SERVICES PROVIDED TO CHILDREN WHO WERE
3 THE SUBJECTS OF FOUNDED OR INDICATED REPORTS OF CHILD ABUSE
4 WHILE RECEIVING CHILD CARE SERVICES. THE DEPARTMENT SHALL ALSO
5 DESCRIBE ITS ACTIONS IN RESPECT TO THE PERPETRATORS OF THE
6 ABUSE.
7 (B) CIVIL PENALTIES.--AN ADMINISTRATOR, OR OTHER PERSON
8 RESPONSIBLE FOR EMPLOYMENT DECISIONS IN A CHILD CARE FACILITY OR
9 PROGRAM, WHO WILLFULLY FAILS TO COMPLY WITH THE PROVISIONS OF
10 SECTION 6393 (RELATING TO INFORMATION) COMMITS A VIOLATION OF
11 THIS SUBCHAPTER AND SHALL BE SUBJECT TO CIVIL PENALTY AS
12 PROVIDED IN THIS SECTION.
13 (1) THE DEPARTMENT SHALL HAVE JURISDICTION TO DETERMINE
14 VIOLATIONS OF SECTION 6393 AND MAY, FOLLOWING A HEARING,
15 ASSESS A CIVIL PENALTY NOT TO EXCEED $2,500.
16 (2) THE CIVIL PENALTY SHALL BE PAYABLE TO THE
17 COMMONWEALTH.
18 § 6389. PERFORMANCE AUDIT.
19 NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBCHAPTER, THE
20 SECRETARY OR A DESIGNEE MAY DIRECT A PERFORMANCE AUDIT OF ANY
21 ACTIVITY ENGAGED IN PURSUANT TO THIS SUBCHAPTER.
22 § 6390. REGULATIONS.
23 THE DEPARTMENT SHALL ADOPT REGULATIONS NECESSARY TO IMPLEMENT
24 THIS SUBCHAPTER.
25 § 6391. HEARINGS AND EVIDENCE.
26 IN ADDITION TO THE RULES OF EVIDENCE PROVIDED UNDER THIS
27 CHAPTER, THE FOLLOWING SHALL GOVERN IN CHILD ABUSE PROCEEDINGS
28 IN JUVENILE OR FAMILY COURT:
29 (1) WHENEVER ANY PERSON REQUIRED TO REPORT UNDER THIS
30 SUBCHAPTER IS UNAVAILABLE DUE TO DEATH OR REMOVAL FROM THE
19870H1734B3948 - 33 -
1 COURT'S JURISDICTION, THE WRITTEN REPORT OF SUCH PERSON SHALL
2 BE ADMISSIBLE IN EVIDENCE IN ANY PROCEEDINGS ARISING OUT OF
3 CHILD ABUSE OTHER THAN PROCEEDINGS UNDER 18 PA.C.S. (RELATING
4 TO CRIMES AND OFFENSES). ANY HEARSAY CONTAINED IN THE REPORTS
5 SHALL BE GIVEN SUCH WEIGHT, IF ANY, AS THE COURT SHALL
6 DETERMINE TO BE APPROPRIATE UNDER ALL OF THE CIRCUMSTANCES.
7 HOWEVER, ANY HEARSAY CONTAINED IN A WRITTEN REPORT SHALL NOT
8 OF ITSELF BE SUFFICIENT TO SUPPORT AN ADJUDICATION BASED ON
9 ABUSE.
10 (2) EXCEPT FOR PRIVILEGED COMMUNICATIONS BETWEEN A
11 LAWYER AND CLIENT AND BETWEEN A MINISTER AND PENITENT, ANY
12 PRIVILEGE OF CONFIDENTIAL COMMUNICATION BETWEEN HUSBAND AND
13 WIFE OR BETWEEN ANY PROFESSIONAL PERSON, INCLUDING, BUT NOT
14 LIMITED TO, PHYSICIANS, PSYCHOLOGISTS, COUNSELORS, EMPLOYEES
15 OF HOSPITALS, CLINICS, DAY-CARE CENTERS, AND SCHOOLS AND
16 THEIR PATIENTS OR CLIENTS, SHALL NOT CONSTITUTE GROUNDS FOR
17 EXCLUDING EVIDENCE AT ANY PROCEEDING REGARDING CHILD ABUSE OR
18 THE CAUSE THEREOF.
19 (3) EVIDENCE THAT A CHILD HAS SUFFERED SERIOUS PHYSICAL
20 INJURY, SEXUAL ABUSE OR SERIOUS PHYSICAL NEGLECT OF SUCH A
21 NATURE AS WOULD ORDINARILY NOT BE SUSTAINED OR EXIST EXCEPT
22 BY REASON OF THE ACTS OR OMISSIONS OF THE PARENT OR OTHER
23 PERSON RESPONSIBLE FOR THE WELFARE OF SUCH CHILD SHALL BE
24 PRIMA FACIE EVIDENCE OF CHILD ABUSE BY THE PARENT OR OTHER
25 PERSON RESPONSIBLE FOR THE CHILD'S WELFARE.
26 § 6392. COURT ACTION.
27 (A) GUARDIAN AD LITEM.--THE COURT, WHEN A PROCEEDING HAS
28 BEEN INITIATED ALLEGING CHILD ABUSE, SHALL APPOINT A GUARDIAN AD
29 LITEM FOR THE CHILD. THE GUARDIAN AD LITEM SHALL BE AN ATTORNEY
30 AT LAW. THE GUARDIAN AD LITEM SHALL BE GIVEN ACCESS TO ALL
19870H1734B3948 - 34 -
1 REPORTS RELEVANT TO THE CASE AND TO ANY REPORTS OF EXAMINATION
2 OF THE CHILD'S PARENTS OR OTHER CUSTODIAN PURSUANT TO THIS
3 SUBCHAPTER. THE GUARDIAN AD LITEM SHALL BE CHARGED WITH THE
4 REPRESENTATION OF THE CHILD'S BEST INTERESTS AT EVERY STAGE OF
5 THE PROCEEDING AND SHALL MAKE SUCH FURTHER INVESTIGATION
6 NECESSARY TO ASCERTAIN THE FACTS, INTERVIEW WITNESSES, EXAMINE
7 AND CROSS-EXAMINE WITNESSES, MAKE RECOMMENDATIONS TO THE COURT
8 AND PARTICIPATE FURTHER IN THE PROCEEDINGS TO THE DEGREE
9 APPROPRIATE FOR ADEQUATELY REPRESENTING THE CHILD.
10 (B) SERVICES.--THE COURT SHALL HAVE THE DUTY, UPON
11 CONSIDERATION OF THE PETITION OF ANY ATTORNEY FOR THE CHILD, TO
12 ORDER A LOCAL CHILD PROTECTIVE SERVICE OR OTHER AGENCY TO
13 ESTABLISH OR IMPLEMENT, FULLY AND PROMPTLY, APPROPRIATE
14 SERVICES, TREATMENT, AND PLANS FOR A CHILD FOUND IN NEED OF
15 THEM. ADDITIONALLY, THE COURT, UPON CONSIDERATION OF THE
16 PETITION OF ANY ATTORNEY FOR THE CHILD, SHALL HAVE THE DUTY TO
17 TERMINATE OR ALTER THE CONDITIONS OF ANY PLACEMENT, TEMPORARY OR
18 PERMANENT, OF A CHILD.
19 § 6393. INFORMATION.
20 (A) SCOPE.--THIS SECTION SHALL APPLY TO ALL PROSPECTIVE
21 EMPLOYEES OF CHILD-CARE SERVICES, PROSPECTIVE FOSTER PARENTS,
22 PROSPECTIVE ADOPTIVE PARENTS, PROSPECTIVE SELF-EMPLOYED FAMILY
23 DAY-CARE PROVIDERS AND OTHER PERSONS SEEKING TO PROVIDE CHILD-
24 CARE SERVICES UNDER CONTRACT WITH A CHILD-CARE FACILITY OR
25 PROGRAM. THIS SECTION SHALL NOT APPLY TO ADMINISTRATIVE OR OTHER
26 SUPPORT PERSONNEL UNLESS THEIR DUTIES WILL INVOLVE DIRECT
27 CONTACT WITH CHILDREN.
28 (B) INFORMATION REQUIRED.--ADMINISTRATORS OF CHILD-CARE
29 SERVICES SHALL REQUIRE APPLICANTS TO SUBMIT WITH THEIR
30 APPLICATIONS THE FOLLOWING INFORMATION OBTAINED WITHIN THE
19870H1734B3948 - 35 -
1 PRECEDING ONE-YEAR PERIOD:
2 (1) PURSUANT TO 18 PA.C.S. CH.91 (RELATING TO CRIMINAL
3 HISTORY RECORD INFORMATION), A REPORT OF CRIMINAL HISTORY
4 RECORD INFORMATION FROM THE PENNSYLVANIA STATE POLICE OR A
5 STATEMENT FROM THE PENNSYLVANIA STATE POLICE THAT THE STATE
6 POLICE CENTRAL REPOSITORY CONTAINS NO SUCH INFORMATION
7 RELATING TO THAT PERSON. SUCH CRIMINAL HISTORY RECORD
8 INFORMATION SHALL BE LIMITED TO THAT WHICH IS DISSEMINATED
9 PURSUANT TO 18 PA.C.S. § 9121(B)(2) (RELATING TO GENERAL
10 REGULATIONS).
11 (2) A CERTIFICATION FROM THE DEPARTMENT AS TO WHETHER
12 THE APPLICANT IS NAMED IN THE CENTRAL REGISTER AS THE
13 PERPETRATOR OF A FOUNDED OR INDICATED REPORT OF CHILD ABUSE,
14 PROVIDED THAT AN INDICATED REPORT SHALL NOT BE INCLUDED UNTIL
15 THE DEPARTMENT ADOPTS REGULATIONS SPECIFYING THE MANNER IN
16 WHICH THE INVESTIGATION REQUIRED BY SECTION 6386 (RELATING TO
17 ABUSE REPORTS) IS TO BE CONDUCTED.
18 (3) WHERE THE APPLICANT IS NOT A RESIDENT OF THIS
19 COMMONWEALTH, ADMINISTRATORS SHALL REQUIRE THE APPLICANT TO
20 SUBMIT WITH THE APPLICATION FOR EMPLOYMENT A REPORT OF
21 FEDERAL CRIMINAL HISTORY RECORD INFORMATION PURSUANT TO THE
22 FEDERAL BUREAU OF INVESTIGATION APPROPRIATION OF TITLE II OF
23 PUBLIC LAW 92-544, 86 STAT. 1115; AND THE DEPARTMENT SHALL BE
24 THE INTERMEDIARY FOR THE PURPOSES OF THIS SECTION.
25 (C) COPIES.--FOR THE PURPOSES OF THIS SECTION, AN APPLICANT
26 MAY SUBMIT A COPY OF THE REQUIRED INFORMATION WITH THE
27 APPLICATION FOR EMPLOYMENT. ADMINISTRATORS SHALL MAINTAIN A COPY
28 OF THE REQUIRED INFORMATION AND SHALL REQUIRE APPLICANTS TO
29 PRODUCE THE ORIGINAL DOCUMENT PRIOR TO EMPLOYMENT.
30 (D) FOUNDED REPORT OF CHILD ABUSE.--IN NO CASE SHALL AN
19870H1734B3948 - 36 -
1 ADMINISTRATOR HIRE AN APPLICANT WHERE THE DEPARTMENT HAS
2 VERIFIED THAT THE APPLICANT IS NAMED IN THE CENTRAL REGISTER AS
3 THE PERPETRATOR OF A FOUNDED REPORT OF CHILD ABUSE COMMITTED
4 WITHIN THE FIVE-YEAR PERIOD IMMEDIATELY PRECEDING VERIFICATION
5 PURSUANT TO THIS SECTION.
6 (E) OFFENSES.--IN NO CASE SHALL AN ADMINISTRATOR HIRE AN
7 APPLICANT IF THE APPLICANT'S CRIMINAL HISTORY RECORD INFORMATION
8 INDICATES THE APPLICANT HAS BEEN CONVICTED, WITHIN FIVE YEARS
9 IMMEDIATELY PRECEDING THE DATE OF THE REPORT, OF ONE OR MORE OF
10 THE FOLLOWING OFFENSES UNDER TITLE 18 OF THE PENNSYLVANIA
11 CONSOLIDATED STATUTES:
12 CHAPTER 25 (RELATING TO CRIMINAL HOMICIDE).
13 SECTION 2702 (RELATING TO AGGRAVATED ASSAULT).
14 SECTION 2901 (RELATING TO KIDNAPPING).
15 SECTION 2902 (RELATING TO UNLAWFUL RESTRAINT).
16 SECTION 3121 (RELATING TO RAPE).
17 SECTION 3122 (RELATING TO STATUTORY RAPE).
18 SECTION 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL
19 INTERCOURSE).
20 SECTION 3126 (RELATING TO INDECENT ASSAULT).
21 SECTION 3127 (RELATING TO INDECENT EXPOSURE).
22 SECTION 4303 (RELATING TO CONCEALING DEATH OF CHILD BORN
23 OUT OF WEDLOCK).
24 SECTION 4304 (RELATING TO ENDANGERING WELFARE OF
25 CHILDREN).
26 SECTION 4305 (RELATING TO DEALING IN INFANT CHILDREN).
27 A FELONY OFFENSE UNDER SECTION 5902(B) (RELATING TO
28 PROSTITUTION AND RELATED OFFENSES).
29 SECTION 5903(C) OR (D) (RELATING TO OBSCENE AND OTHER
30 SEXUAL MATERIALS).
19870H1734B3948 - 37 -
1 SECTION 6301 (RELATING TO CORRUPTION OF MINORS).
2 SECTION 6312 (RELATING TO SEXUAL ABUSE OF CHILDREN).
3 (F) PROSPECTIVE PARENTS.--WITH REGARD TO PROSPECTIVE
4 ADOPTIVE OR PROSPECTIVE FOSTER PARENTS, THE FOLLOWING SHALL
5 APPLY:
6 (1) IN THE COURSE OF CAUSING AN INVESTIGATION TO BE MADE
7 PURSUANT TO 23 PA.C.S. § 2535(A) (RELATING TO INVESTIGATION),
8 AN AGENCY OR PERSON DESIGNATED BY THE COURT TO CONDUCT SUCH
9 INVESTIGATION SHALL REQUIRE PROSPECTIVE ADOPTIVE PARENTS TO
10 SUBMIT THE INFORMATION SET FORTH IN SUBSECTION (B)(1) AND (2)
11 FOR REVIEW IN ACCORDANCE WITH THIS SECTION.
12 (2) IN THE COURSE OF APPROVING A PROSPECTIVE FOSTER
13 PARENT, A FOSTER FAMILY CARE AGENCY SHALL REQUIRE PROSPECTIVE
14 FOSTER PARENTS TO SUBMIT THE INFORMATION SET FORTH IN
15 SUBSECTION (B)(1) AND (2) FOR REVIEW BY THE FOSTER FAMILY
16 CARE AGENCY IN ACCORDANCE WITH THIS SECTION.
17 (G) REGULATIONS.--THE DEPARTMENT SHALL, IN THE MANNER
18 PROVIDED BY LAW, PROMULGATE THE REGULATIONS NECESSARY TO CARRY
19 OUT THIS SECTION. THESE REGULATIONS SHALL:
20 (1) SET FORTH CRITERIA FOR UNSUITABILITY FOR EMPLOYMENT
21 IN A CHILD-CARE SERVICE IN RELATION TO CRIMINAL HISTORY
22 RECORD INFORMATION WHICH MAY INCLUDE CRIMINAL HISTORY RECORD
23 INFORMATION IN ADDITION TO THAT SET FORTH IN SUBSECTION (E).
24 SUCH CRITERIA SHALL BE REASONABLY RELATED TO THE PREVENTION
25 OF CHILD ABUSE.
26 (2) SET FORTH SANCTIONS FOR ADMINISTRATORS WHO WILLFULLY
27 HIRE APPLICANTS IN VIOLATION OF THIS SECTION OR IN VIOLATION
28 OF THE REGULATIONS PROMULGATED HEREUNDER.
29 (3) PROVIDE FOR THE CONFIDENTIALITY OF INFORMATION
30 OBTAINED PURSUANT TO SUBSECTION (B).
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1 (H) CHILD-CARE PROVIDERS.--THE DEPARTMENT SHALL REQUIRE
2 PERSONS SEEKING TO OPERATE CHILD-CARE SERVICES TO SUBMIT THE
3 INFORMATION SET FORTH IN SUBSECTION (B)(1) AND (2) FOR REVIEW IN
4 ACCORDANCE WITH THIS SECTION.
5 (I) FEES.--THE DEPARTMENT MAY CHARGE A FEE NOT TO EXCEED $10
6 IN ORDER TO CONDUCT THE CERTIFICATION AS REQUIRED IN SUBSECTION
7 (B)(2).
8 (J) TIME LIMITS.--THE DEPARTMENT SHALL COMPLY WITH
9 CERTIFICATION REQUESTS NO LATER THAN 14 DAYS FROM THE RECEIPT OF
10 THE REQUEST.
11 (K) PROCEDURE.--THE DEPARTMENT SHALL DEVELOP A PROCEDURE FOR
12 THE VOLUNTARY CERTIFICATION OF CHILD CARETAKERS TO ALLOW PERSONS
13 TO APPLY TO THE DEPARTMENT FOR A CERTIFICATE INDICATING THE
14 PERSON HAS MET THE REQUIREMENTS OF SUBSECTION (B). THE
15 DEPARTMENT SHALL ALSO PROVIDE FOR THE BIENNIAL RECERTIFICATION
16 OF SUCH PERSONS.
17 (L) RIGHTS OF EXISTING EMPLOYEES.--NO PERSON EMPLOYED IN
18 CHILD-CARE SERVICES ON NOVEMBER 26, 1975, SHALL BE REQUIRED TO
19 OBTAIN THE INFORMATION REQUIRED IN SUBSECTION (B)(1) AND (2) AS
20 A CONDITION OF CONTINUED EMPLOYMENT. ANY PERSON WHO HAS ONCE
21 OBTAINED THE INFORMATION REQUIRED UNDER SUBSECTION (B)(1) AND
22 (2) MAY TRANSFER TO ANOTHER CHILD-CARE SERVICE ESTABLISHED AND
23 SUPERVISED BY THE SAME ORGANIZATION AND SHALL NOT BE REQUIRED TO
24 OBTAIN ADDITIONAL REPORTS BEFORE MAKING SUCH TRANSFER.
25 (M) EXCEPTION.--THE REQUIREMENTS OF THIS SECTION SHALL NOT
26 APPLY TO EMPLOYEES OF CHILD-CARE SERVICES WHO MEET ALL THE
27 FOLLOWING REQUIREMENTS:
28 (1) THE EMPLOYEES ARE UNDER 21 YEARS OF AGE.
29 (2) THEY ARE EMPLOYED FOR PERIODS OF 90 DAYS OR LESS.
30 (3) THEY ARE A PART OF A JOB DEVELOPMENT OR JOB TRAINING
19870H1734B3948 - 39 -
1 PROGRAM FUNDED IN WHOLE OR IN PART BY PUBLIC OR PRIVATE
2 SOURCES.
3 ONCE EMPLOYMENT OF A PERSON WHO MEETS THESE CONDITIONS EXTENDS
4 BEYOND 90 DAYS, ALL REQUIREMENTS OF THIS SECTION SHALL APPLY.
5 (N) SELF-EMPLOYED PROVIDERS.--SELF-EMPLOYED FAMILY DAY-CARE
6 PROVIDERS WHO APPLY FOR A CERTIFICATE OF REGISTRATION WITH THE
7 DEPARTMENT AFTER NOVEMBER 26, 1975, SHALL SUBMIT WITH THEIR
8 REGISTRATION APPLICATION A REPORT OF CRIMINAL HISTORY RECORD
9 INFORMATION AND SHALL ALSO OBTAIN CERTIFICATION FROM THE
10 DEPARTMENT AS TO WHETHER THE APPLICANT IS NAMED IN THE CENTRAL
11 REGISTER AS THE PERPETRATOR OF A FOUNDED REPORT OF CHILD ABUSE.
12 (O) PROVISIONAL EMPLOYMENT.--NOTWITHSTANDING SUBSECTIONS (B)
13 AND (C), ADMINISTRATORS MAY EMPLOY APPLICANTS ON A PROVISIONAL
14 BASIS FOR A SINGLE PERIOD NOT TO EXCEED 30 DAYS OR, FOR OUT-OF-
15 STATE APPLICANTS, A PERIOD OF 90 DAYS, PROVIDED THAT ALL OF THE
16 FOLLOWING CONDITIONS ARE MET:
17 (1) THE APPLICANT HAS APPLIED FOR THE INFORMATION
18 REQUIRED UNDER SUBSECTION (B), AND THE APPLICANT PROVIDES A
19 COPY OF THE APPROPRIATE COMPLETED REQUEST FORMS TO THE
20 ADMINISTRATOR.
21 (2) THE ADMINISTRATOR HAS NO KNOWLEDGE OF INFORMATION
22 PERTAINING TO THE APPLICANT WHICH WOULD DISQUALIFY HIM FROM
23 EMPLOYMENT PURSUANT TO SUBSECTION (D) OR (E).
24 (3) THE APPLICANT SWEARS OR AFFIRMS IN WRITING THAT HE
25 IS NOT DISQUALIFIED FROM EMPLOYMENT PURSUANT TO SUBSECTION
26 (D) OR (E).
27 (4) THE EMPLOYMENT ARRANGEMENT PROVIDES THAT, IF THE
28 INFORMATION OBTAINED PURSUANT TO SUBSECTION (B) REVEALS THAT
29 THE APPLICANT IS DISQUALIFIED FROM EMPLOYMENT PURSUANT TO
30 SUBSECTION (D) OR (E), THE APPLICANT SHALL BE IMMEDIATELY
19870H1734B3948 - 40 -
1 DISMISSED BY THE ADMINISTRATOR.
2 (5) THE ADMINISTRATOR REQUIRES THAT THE APPLICANT NOT BE
3 PERMITTED TO WORK ALONE WITH CHILDREN AND THAT THE APPLICANT
4 WORK IN THE IMMEDIATE VICINITY OF A PERMANENT EMPLOYEE.
5 § 6394. LEGISLATIVE OVERSIGHT.
6 BEGINNING NOVEMBER 26, 1977, A COMMITTEE OF THE HOUSE OF
7 REPRESENTATIVES AS DESIGNATED BY THE SPEAKER OF THE HOUSE OF
8 REPRESENTATIVES AND A COMMITTEE OF THE SENATE AS DESIGNATED BY
9 THE PRESIDENT PRO TEMPORE OF THE SENATE, EITHER JOINTLY OR
10 SEPARATELY, SHALL BEGIN A REVIEW INTO THE MANNER IN WHICH THIS
11 SUBCHAPTER HAS BEEN ADMINISTERED AT THE STATE AND LOCAL LEVEL
12 FOR PURPOSES OF:
13 (1) PROVIDING INFORMATION THAT WILL AID THE GENERAL
14 ASSEMBLY IN ITS OVERSIGHT RESPONSIBILITIES;
15 (2) ENABLING THE GENERAL ASSEMBLY TO DETERMINE WHETHER
16 THE PROGRAMS AND SERVICES MANDATED BY THIS SUBCHAPTER ARE
17 EFFECTIVELY MEETING THE GOALS OF THIS LEGISLATION;
18 (3) ASSISTING THE GENERAL ASSEMBLY IN MEASURING THE COSTS
19 AND BENEFITS OF THIS PROGRAM AND THE EFFECTS AND SIDE-EFFECTS
20 OF MANDATED PROGRAM SERVICES;
21 (4) PERMITTING THE GENERAL ASSEMBLY TO DETERMINE WHETHER
22 THE CONFIDENTIALITY OF RECORDS MANDATED BY THIS SUBCHAPTER IS
23 BEING MAINTAINED AT THE STATE AND LOCAL LEVEL; AND
24 (5) PROVIDING INFORMATION THAT WILL PERMIT STATE AND
25 LOCAL PROGRAM ADMINISTRATORS TO BE HELD ACCOUNTABLE FOR THE
26 ADMINISTRATION OF THE PROGRAMS MANDATED BY THE ACT OF JUNE
27 13, 1967 (P.L.31, NO.21), KNOWN AS THE PUBLIC WELFARE CODE.
28 Section 1 4. Sections 8721, 8722 and 8724 of Title 42 of the <--
29 Pennsylvania Consolidated Statutes are amended to read:
30 § 8721. Definitions.
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1 The following words and phrases when used in this subchapter
2 shall have, unless the context clearly indicates otherwise, the
3 meanings given to them in this section:
4 "Confidential information." Any records, files, data or
5 information, withheld as confidential, whether pursuant to
6 statute or otherwise, by any Commonwealth agency from the
7 Attorney General, a district attorney, the Pennsylvania Crime
8 Commission, the State Ethics Commission or a committee or
9 subcommittee of either House of the General Assembly having
10 subpoena power to investigate criminal activity. The term shall
11 not include personal income tax information or the investigative
12 or intelligence files of the State Police, the Attorney General
13 or the Pennsylvania Crime Commission.
14 "Crime Commission." The Pennsylvania Crime Commission
15 existing under the act of October 4, 1978 (P.L.876, No.169),
16 known as the "Pennsylvania Crime Commission Act."
17 "State Ethics Commission." The State Ethics Commission
18 existing under the act of October 4, 1978 (P.L.883, No.170),
19 referred to as the Public Official and Employee Ethics Law.
20 § 8722. Petition for access to confidential information.
21 The Attorney General, a district attorney, the Executive
22 Director of the Crime Commission acting pursuant to a resolution
23 of the Crime Commission, the Executive Director of the State
24 Ethics Commission acting pursuant to a resolution of the Ethics
25 Commission or a committee or subcommittee of either House of the
26 General Assembly having subpoena power to investigate criminal
27 activity, may ex parte petition any judge of the Commonwealth
28 Court for an order providing access to confidential information.
29 § 8724. Disclosure of confidential information.
30 (a) General rule.--Disclosure of confidential information
19870H1734B3948 - 42 -
1 shall be limited as follows:
2 (1) disclosure by the Commonwealth agency holding such
3 information shall be limited to persons personally and
4 directly engaged in the ongoing investigation by the
5 petitioner under section 8723 (relating to grounds for
6 access); and
7 (2) disclosure by the petitioner:
8 (i) in the case of the Attorney General or a
9 district attorney, shall be limited to judicial or
10 administrative proceedings;
11 (ii) in the case of the Crime Commission, shall be
12 limited to official reports; [and]
13 (iii) in the case of the State Ethics Commission,
14 shall be limited to administrative proceedings and
15 orders; and
16 (iv) in the case of a committee or subcommittee of
17 either House of the General Assembly, shall be limited to
18 regular meetings of the committee or subcommittee or
19 debate on the floor.
20 (b) Contents of order.--Commonwealth Court orders entered
21 under section 8723 shall specifically limit the disclosure of
22 confidential information as provided in subsection (a).
23 Section 2. This act shall take effect immediately. <--
24 SECTION 5. THE ACT OF NOVEMBER 26, 1975 (P.L.438, NO.124), <--
25 KNOWN AS THE CHILD PROTECTIVE SERVICES LAW, IS REPEALED.
26 SECTION 6. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
27 (1) THE AMENDMENTS AFFECTING SECTIONS 6358, 8721, 8722
28 AND 8724 SHALL TAKE EFFECT IN 60 DAYS.
29 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
30 IMMEDIATELY.
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