SENATE AMENDED
PRIOR PRINTER'S NOS. 2581, 3199, 3485, PRINTER'S NO. 4124
4056
No. 1992 Session of 1997
INTRODUCED BY MILLER, TRUE, BENNINGHOFF, RUBLEY, EGOLF, VANCE,
DALEY, BOSCOLA, FICHTER, MICOZZIE, EACHUS, LEDERER, CLARK,
SCHRODER, CURRY, KENNEY, STABACK, DALLY, VAN HORNE, GEIST,
TIGUE, WALKO, E. Z. TAYLOR, SAYLOR, BELFANTI, PISTELLA,
HENNESSEY, OLASZ, STEELMAN, BARD, LAUGHLIN, SEYFERT, TRELLO,
RAMOS, STERN, M. COHEN, C. WILLIAMS, BROWNE, STURLA, ARGALL,
CALTAGIRONE, WASHINGTON, SEMMEL AND SANTONI,
NOVEMBER 21, 1997
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 16, 1998
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, providing for the Department of Public <--
3 Welfare to draft regulations to ensure the confidentiality of
4 Social Security numbers on records collected for use by the
5 department, the court or the domestic relations section
6 solely for purposes of child and spousal support enforcement;
7 and further providing for immunity, for special procedures <--
8 for operating privilege and for release of information in
9 confidential reports relating to child abuse. FURTHER <--
10 PROVIDING FOR DEFINITIONS, FOR COOPERATION OF GOVERNMENT AND
11 NONGOVERNMENT AGENCIES, FOR CONTEMPT, FOR VISITATION AND
12 PARTIAL CUSTODY, FOR ATTACHMENT OF INCOME, FOR CONTINUING
13 SUPPORT ORDER JURISDICTION, FOR SUPPORT LICENSURE SANCTIONS,
14 FOR THE STATE DISBURSEMENT UNIT, FOR EXPEDITING SUPPORT
15 CASES, FOR PATERNITY ACKNOWLEDGMENTS AND CLAIMS AND, FOR <--
16 FINDINGS AND PURPOSE OF CHILD PROTECTIVE SERVICES CHAPTER,
17 FOR INFORMATION IN PENDING COMPLAINT AND UNFOUNDED REPORT
18 FILES, FOR DISPOSITION OF UNFOUNDED REPORTS, FOR RELEASE OF
19 INFORMATION IN CONFIDENTIAL REPORTS, FOR AMENDMENT OR <--
20 EXPUNCTION OF INFORMATION, FOR GROUNDS FOR DENYING
21 EMPLOYMENT, FOR COOPERATION OF OTHER AGENCIES, FOR SERVICES
22 FOR PREVENTION AND TREATMENT OF CHILD ABUSE AND FOR
23 INFORMATION RELATING TO PROSPECTIVE CHILD-CARE PERSONNEL.
24 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Title 23 of the Pennsylvania Consolidated <--
3 Statutes is amended by adding a section to read:
4 § 4304.2. Drafting of regulations by Department of Public
5 Welfare to ensure confidentiality of Social
6 Security numbers.
7 (a) General rule.--The Department of Public Welfare shall
8 draft rules and regulations to ensure the confidentiality of
9 Social Security numbers on records or applications for a
10 professional or occupational license or certification; driver's
11 permit; driver's license, including a commercial driver's
12 license; recreational license; marriage license; divorce decree;
13 support order; paternity determination or acknowledgments of
14 paternity or other like records; records relating to death,
15 including death certificates; employment records; or other
16 records collected by law for use by the department, the court or
17 the domestic relations section solely for purposes of child and
18 spousal support enforcement, except for when otherwise provided
19 for by law.
20 (b) Collection on separate form.--Any governmental agency or
21 employer required to collect Social Security numbers on records
22 or applications for professional or occupational licenses or
23 certifications; driver's permits; driver's licenses, including
24 commercial driver's licenses; recreational licenses; marriage
25 licenses; divorce decrees; support orders; paternity
26 determinations or acknowledgments of paternity or other such
27 records; records relating to death, including death
28 certificates; employment records; or other records collected by
29 law for use by the department, the court or the domestic
30 relations section solely for purposes of child and spousal
19970H1992B4124 - 2 -
1 support enforcement shall collect those Social Security numbers
2 on a separate form not open to public inspection or
3 dissemination until the department develops the rules and
4 regulations to ensure the confidentiality of Social Security
5 numbers, except for when otherwise provided for by law.
6 (c) Identifying numbers.--The department shall draft rules
7 and regulations for the use of identifying numbers, other than
8 Social Security numbers, for use on all records collected by law
9 for use by the department, the court or the domestic relations
10 section solely for purposes of child and spousal support and
11 enforcement, for individuals who do not have Social Security
12 numbers. Any governmental agency or employer may use established
13 identifying numbers, such as Federal employee identification
14 numbers, Federal visa numbers, local property and other tax
15 numbers, driver's licenses or vehicle registrations to provide
16 identification for the person until the department drafts its
17 rules and regulations.
18 Section 2. Section 4355(d.6) of Title 23, amended December
19 16, 1997 (P.L.549, No.58), is amended and subsection (d.1) is
20 amended by adding a paragraph to read:
21 SECTION 1. SECTIONS 4355(D.6) AND 6340(A)(5) OF TITLE 23 OF <--
22 THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
23 SECTION 1. SECTION 4302 OF TITLE 23 OF THE PENNSYLVANIA <--
24 CONSOLIDATED STATUTES IS AMENDED BY ADDING DEFINITIONS TO READ:
25 § 4302. DEFINITIONS.
26 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
27 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
28 CONTEXT CLEARLY INDICATES OTHERWISE:
29 * * *
30 "OVERDUE SUPPORT." SUPPORT WHICH IS DELINQUENT UNDER A
19970H1992B4124 - 3 -
1 PAYMENT SCHEDULE ESTABLISHED BY THE COURT.
2 "PAST DUE SUPPORT." SUPPORT INCLUDED IN AN ORDER OF SUPPORT
3 WHICH HAS NOT BEEN PAID.
4 * * *
5 SECTION 2. SECTIONS 4304.1(A)(2) AND (3) AND 4346(A) OF
6 TITLE 23 ARE AMENDED TO READ:
7 § 4304.1. COOPERATION OF GOVERNMENT AND NONGOVERNMENT AGENCIES.
8 (A) COOPERATION OF GOVERNMENT AGENCIES.--NOTWITHSTANDING ANY
9 OTHER PROVISION OF LAW, INCLUDING THE PROVISIONS OF SECTION 731
10 OF THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), KNOWN AS THE
11 FISCAL CODE, ALL GOVERNMENT AGENCIES SHALL:
12 * * *
13 (2) REQUIRE THE SOCIAL SECURITY NUMBER OF AN INDIVIDUAL
14 WHO HAS ONE ON ANY APPLICATION FOR A PROFESSIONAL OR
15 OCCUPATIONAL LICENSE OR CERTIFICATION; A PERMIT; A DRIVER'S
16 LICENSE, INCLUDING A COMMERCIAL DRIVER'S LICENSE; A
17 RECREATIONAL LICENSE; OR A MARRIAGE LICENSE. COLLECTION OF
18 THE SOCIAL SECURITY NUMBER SHALL BE PERFORMED IN SUCH MANNER
19 AS TO PROTECT ITS CONFIDENTIALITY. IF THE GOVERNMENT AGENCY
20 USES ANOTHER IDENTIFYING NUMBER ON THE FACE OF THE
21 APPLICATION, THE GOVERNMENT AGENCY SHALL ADVISE THE APPLICANT
22 AND SHALL KEEP THE SOCIAL SECURITY NUMBER ON FILE AT THE
23 AGENCY.
24 (3) REQUIRE THE SOCIAL SECURITY NUMBER OF ANY INDIVIDUAL
25 SUBJECT TO A DIVORCE DECREE, SUPPORT ORDER, PATERNITY
26 DETERMINATION OR ACKNOWLEDGMENT OF PATERNITY IN ALL RECORDS
27 RELATING TO THE MATTER. COLLECTION OF THE SOCIAL SECURITY
28 NUMBER SHALL BE KEPT CONFIDENTIAL.
29 * * *
30 § 4346. CONTEMPT FOR NONCOMPLIANCE WITH VISITATION OR PARTIAL
19970H1992B4124 - 4 -
1 CUSTODY ORDER.
2 (A) GENERAL RULE.--A PARTY WHO WILLFULLY FAILS TO COMPLY
3 WITH ANY VISITATION OR PARTIAL CUSTODY ORDER MAY, AS PRESCRIBED
4 BY GENERAL RULE, BE ADJUDGED IN CONTEMPT. CONTEMPT SHALL BE
5 PUNISHABLE BY ANY ONE OR MORE OF THE FOLLOWING:
6 (1) IMPRISONMENT FOR A PERIOD NOT TO EXCEED SIX MONTHS.
7 (2) A FINE NOT TO EXCEED $500.
8 (3) PROBATION FOR A PERIOD NOT TO EXCEED SIX MONTHS.
9 (4) AN ORDER FOR NONRENEWAL, SUSPENSION OR [REVOCATION]
10 DENIAL OF OPERATING PRIVILEGE PURSUANT TO SECTION 4355
11 (RELATING TO DENIAL OR SUSPENSION OF LICENSES).
12 * * *
13 SECTION 3. SECTION 4348 OF TITLE 23 IS AMENDED BY ADDING A
14 SUBSECTION TO READ:
15 § 4348. ATTACHMENT OF INCOME.
16 * * *
17 (R) INFORMATION REQUESTS.--
18 (1) UPON THE REQUEST OF THE DEPARTMENT, A COUNTY
19 DOMESTIC RELATIONS SECTION OR A CHILD SUPPORT AGENCY OF
20 ANOTHER STATE, ANY EMPLOYER DOING BUSINESS WITHIN THIS
21 COMMONWEALTH, INCLUDING A FOR-PROFIT, NOT-FOR-PROFIT OR
22 GOVERNMENTAL EMPLOYER, SHALL PROMPTLY PROVIDE INFORMATION
23 REGARDING THE EMPLOYMENT, COMPENSATION AND BENEFITS OF ANY
24 EMPLOYEE OR CONTRACTOR OF THE EMPLOYER.
25 (2) IN ADDITION TO ANY OTHER REMEDY ALLOWED BY LAW, THE
26 DEPARTMENT MAY IMPOSE A CIVIL PENALTY OF UP TO $1,000 PER
27 VIOLATION ON AN INDIVIDUAL OR ENTITY THAT WILLFULLY FAILS TO
28 COMPLY WITH A REQUEST FOR INFORMATION UNDER PARAGRAPH (1).
29 SECTION 4. SECTION 4352(D) OF TITLE 23 IS AMENDED AND THE
30 SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
19970H1992B4124 - 5 -
1 § 4352. CONTINUING JURISDICTION OVER SUPPORT ORDERS.
2 * * *
3 (D) ARREARS AS JUDGMENTS.--ON AND AFTER THE DATE IT IS DUE,
4 EACH AND EVERY SUPPORT OBLIGATION SHALL CONSTITUTE A JUDGMENT
5 AGAINST THE OBLIGOR BY OPERATION OF LAW, WITH THE FULL FORCE,
6 EFFECT AND ATTRIBUTES OF A JUDGMENT OF COURT, INCLUDING THE
7 ABILITY TO BE ENFORCED, AND SHALL BE ENTITLED AS A JUDGMENT TO
8 FULL FAITH AND CREDIT IN THIS OR ANY OTHER STATE. OVERDUE
9 SUPPORT OBLIGATIONS OF THIS OR ANY OTHER STATE WHICH ARE ON
10 RECORD AT THE COUNTY DOMESTIC RELATIONS SECTION SHALL CONSTITUTE
11 A LIEN BY OPERATION OF LAW AGAINST ALL REAL PROPERTY OWNED BY
12 THE OBLIGOR WITHIN THE [JUDICIAL DISTRICT] COUNTY AS PROVIDED IN
13 SUBSECTION (D.1). THE DEPARTMENT SHALL DEVELOP AND IMPLEMENT A
14 SYSTEM FOR PROVIDING NOTICE TO THE PUBLIC OF LIENS ARISING OUT
15 OF OVERDUE SUPPORT OBLIGATIONS. THE SYSTEM AND ITS PROCEDURES
16 SHALL ENSURE CONVENIENT ACCESS TO LIEN INFORMATION AND SHALL
17 ADDRESS HOURS OF ACCESS BY THE BUSINESS COMMUNITY AND THE
18 GENERAL PUBLIC AND ACCESS VIA MODEM OR AUTOMATED MEANS. [UPON
19 ESTABLISHMENT OF] THIRTY DAYS AFTER PUBLICATION OF NOTICE IN THE
20 PENNSYLVANIA BULLETIN THAT THE SYSTEM HAS BEEN ESTABLISHED, ANY
21 LIEN ON RECORD SHALL CONSTITUTE A LIEN AGAINST ANY REAL PROPERTY
22 IN THIS COMMONWEALTH OWNED BY THE OBLIGOR AND SHALL ALSO HAVE
23 THE EFFECT OF A FULLY PERFECTED SECURITY INTEREST IN PERSONAL
24 PROPERTY OWNED BY THE OBLIGOR IN WHICH A SECURITY INTEREST CAN
25 ARISE. THE DEPARTMENT SHALL CONSULT WITH THE DEPARTMENT OF
26 TRANSPORTATION IN THE DEVELOPMENT OF THIS SYSTEM TO ENFORCE
27 COMPLIANCE WITH THIS SUBSECTION AS IT APPLIES TO LIENS ON MOTOR
28 VEHICLES. THE SUPREME COURT SHALL BY GENERAL RULE ESTABLISH
29 PROCEDURES FOR THE RECORDING OF LIENS OF OTHER STATES AT THE
30 COUNTY DOMESTIC RELATIONS SECTION AND FOR THE ENFORCEMENT OF
19970H1992B4124 - 6 -
1 LIENS ARISING FROM OVERDUE SUPPORT WITHOUT PRIOR JUDICIAL NOTICE
2 OR HEARING. A BONA FIDE GOOD FAITH PURCHASER OF PERSONAL
3 PROPERTY FOR VALUE WHICH IS SUBJECT TO A LIEN UNDER THIS
4 SUBSECTION ACQUIRES ALL TITLE WHICH THE TRANSFEROR HAD OR HAD
5 THE POWER TO TRANSFER PURSUANT TO 13 PA.C.S. CH. 24 (RELATING TO
6 TITLE, CREDITORS AND GOOD FAITH PURCHASERS), AND THE OBLIGEE
7 SHALL HAVE ALL RIGHTS AGAINST SUCH PROPERTY WHICH WOULD BE
8 PRESERVED TO A FULLY PERFECTED SECURED CREDITOR UNDER 13 PA.C.S.
9 DIV. 9 (RELATING TO SECURED TRANSACTIONS; SALES OF ACCOUNTS,
10 CONTRACT RIGHTS AND CHATTEL PAPER). THE OBLIGATION FOR PAYMENT
11 OF ARREARS OR OVERDUE SUPPORT SHALL TERMINATE BY OPERATION OF
12 LAW WHEN ALL ARREARS OR OVERDUE SUPPORT HAS BEEN PAID.
13 (D.1) REAL PROPERTY LIENS.--
14 (1) OVERDUE SUPPORT SHALL BE A LIEN ON REAL ESTATE
15 WITHIN THE COUNTY IN WHICH THE OVERDUE SUPPORT IS ON RECORD
16 AT THE COUNTY DOMESTIC RELATIONS SECTION IF:
17 (I) THE UNDERLYING SUPPORT ACTION IS PENDING IN THE
18 COUNTY DOMESTIC RELATIONS SECTION OR IS BEING ENFORCED BY
19 THE COUNTY DOMESTIC RELATIONS SECTION;
20 (II) NOTICE OF THE EXISTENCE OF THE SUPPORT ACTION
21 IS AVAILABLE TO THE PUBLIC THROUGH A DOCKET BOOK OR
22 AUTOMATED MEANS; AND
23 (III) THE COUNTY DOMESTIC RELATIONS SECTION IS ABLE
24 TO DETERMINE THE AMOUNT OF OVERDUE SUPPORT BY REFERENCE
25 TO ITS RECORDS AND IS ABLE TO PROVIDE THE AMOUNT OF THE
26 OVERDUE SUPPORT UPON REQUEST.
27 (2) THE PRIORITY AND AMOUNT OF A LIEN FOR OVERDUE
28 SUPPORT SHALL BE DETERMINED AS FOLLOWS:
29 (I) THE DATE OF THE LIEN FOR PURPOSES OF DETERMINING
30 PRIORITY SHALL BE DETERMINED SEPARATELY FOR EACH UNPAID
19970H1992B4124 - 7 -
1 OVERDUE SUPPORT PAYMENT. THE DATE SHALL BE THE LATER OF:
2 (A) THE DATE THE OBLIGOR OBTAINS A REAL PROPERTY
3 INTEREST WHICH MAY BE SUBJECT TO A LIEN;
4 (B) THE DATE THE OVERDUE SUPPORT BECOMES A LIEN
5 UNDER PARAGRAPH (1); OR
6 (C) JANUARY 1, 1998.
7 (II) THE AMOUNT OF THE LIEN ON ANY DATE SHALL BE THE
8 AMOUNT OF OVERDUE SUPPORT SHOWN ON THAT DATE IN THE
9 RECORDS OF THE DOMESTIC RELATIONS SECTION.
10 (3) UPON REQUEST OF ANY PERSON, THE DOMESTIC RELATIONS
11 SECTION SHALL ISSUE A WRITTEN CERTIFICATION OF THE AMOUNT OF
12 OVERDUE SUPPORT OWED BY AN INDIVIDUAL AS OF THE DATE OF THE
13 CERTIFICATION AND SHALL NOTE ON THE DOCKET THE DATE OF
14 CERTIFICATION AND THE AMOUNT CERTIFIED. THE INTERESTS OF ANY
15 PURCHASER OF REAL ESTATE FOR VALUE, MORTGAGEE OR OTHER LIENOR
16 THAT IN GOOD FAITH PURCHASES THE REAL ESTATE OR LENDS MONEY
17 ON THE SECURITY OF THE REAL ESTATE AND THAT RECORDS, WITHIN
18 30 DAYS BEFORE OR 60 DAYS AFTER THE DATE OF ISSUANCE OF A
19 CERTIFICATE UNDER THIS PARAGRAPH, A DEED, MORTGAGE OR OTHER
20 ENCUMBRANCE AGAINST THE REAL ESTATE SHALL NOT BE SUBJECT TO
21 ANY LIEN FOR OVERDUE SUPPORT IN EXCESS OF THE AMOUNT SHOWN ON
22 THE CERTIFICATION.
23 (4) THE AMOUNT OF OVERDUE SUPPORT OWED BY AN OBLIGOR AND
24 THE NAME OF THE OBLIGOR SHALL BE PUBLIC INFORMATION AND SHALL
25 BE DEEMED A PUBLIC RECORD SUBJECT TO THE ACT OF JUNE 21, 1957
26 (P.L.390, NO.212), REFERRED TO AS THE RIGHT-TO-KNOW LAW.
27 (5) A LIEN ARISING FROM OVERDUE SUPPORT:
28 (I) SHALL AUTOMATICALLY ATTACH TO AFTER-ACQUIRED
29 PROPERTY OWNED BY THE OBLIGOR;
30 (II) SHALL RETAIN ITS PRIORITY WITHOUT RENEWAL OR
19970H1992B4124 - 8 -
1 REVIVAL;
2 (III) SHALL CONTINUE TO ENCUMBER THE PROPERTY UPON
3 SALE OR OTHER TRANSFER;
4 (IV) SHALL NOT BE DIVESTED UPON A JUDICIAL SALE OR
5 EXECUTION BY A PERSON WITH A LIEN WITH LESS PRIORITY;
6 (V) SHALL NOT ATTACH TO THE INTEREST OF ANY OTHER
7 CO-OWNER IN THE PROPERTY;
8 (VI) SHALL EXPIRE 20 YEARS AFTER THE DUE DATE OF THE
9 LAST UNSATISFIED OVERDUE SUPPORT PAYMENT; AND
10 (VII) MAY BE RELEASED BY THE COURT AS AGAINST
11 ABANDONED OR DISTRESSED REAL PROPERTY AT THE REQUEST OF A
12 GOVERNMENTAL UNIT IN ORDER TO FACILITATE THE PROPERTY'S
13 SALE AND REHABILITATION.
14 (6) THE DOMESTIC RELATIONS SECTION:
15 (I) SHALL SATISFY THE LIEN PROMPTLY UPON PAYMENT,
16 BUT NO LATER THAN 60 DAYS FOLLOWING RECEIPT OF THE
17 PAYMENT;
18 (II) MAY CHARGE A FEE NOT TO EXCEED THE LESSER OF
19 ITS ESTIMATED COST OF PRODUCING THE REPORT OR $20 FOR THE
20 ISSUANCE OF A LIEN CERTIFICATION OR OTHER WRITTEN REPORT
21 OF THE OVERDUE SUPPORT OBLIGATIONS OF AN OBLIGOR;
22 (III) SHALL PROVIDE TO THE PROTHONOTARY OF THE
23 COUNTY THE IDENTITY OF OBLIGORS AND AMOUNT OF OVERDUE
24 SUPPORT TO BE USED TO MAKE THE INFORMATION AVAILABLE TO
25 THE PUBLIC. THE INFORMATION SHALL BE UPDATED AT LEAST
26 MONTHLY AND SHALL BE PROVIDED BY A PAPER LISTING,
27 DISKETTE OR BY ANY OTHER ELECTRONIC MEANS UNTIL THE
28 STATEWIDE SYSTEM UNDER SUBSECTION (D) IS IMPLEMENTED; AND
29 (IV) SHALL TRANSMIT AT LEAST EVERY 60 DAYS TO CREDIT
30 BUREAUS DIRECTLY OR THROUGH THE DEPARTMENT REPORTS AND
19970H1992B4124 - 9 -
1 UPDATES REGARDING THE LIENS FOR OVERDUE SUPPORT.
2 (7) THE DOMESTIC RELATIONS SECTION OR EMPLOYEES THEREOF
3 SHALL NOT BE LIABLE FOR ERRORS IN THE CERTIFICATION OF
4 AMOUNTS OF OVERDUE SUPPORT OR SATISFACTION OF LIENS FOR
5 OVERDUE SUPPORT, EXCEPT AS PROVIDED IN 42 PA.C.S. § 8550
6 (RELATING TO WILLFUL MISCONDUCT).
7 (8) SUPPORT MAY CEASE TO BE OVERDUE IF A REVISED PAYMENT
8 SCHEDULE IS ESTABLISHED BY THE COURT, BUT ANY LIEN WHICH HAS
9 PREVIOUSLY ARISEN AGAINST REAL ESTATE SHALL REMAIN IN EFFECT
10 UNTIL PAID OR DIVESTED.
11 (9) NOTWITHSTANDING PARAGRAPHS (2) AND (3), THE
12 INTERESTS OF ANY PERSON WHO RECORDED A DEED, MORTGAGE OR
13 OTHER INSTRUMENT CREATING AN INTEREST IN OR LIEN AGAINST REAL
14 ESTATE ON OR AFTER JANUARY 1, 1998, AND BEFORE THE EFFECTIVE
15 DATE OF THIS SUBSECTION SHALL NOT BE SUBJECT TO A LIEN FOR
16 ANY OVERDUE SUPPORT ACCRUING ON OR AFTER THE DATE THE DEED,
17 MORTGAGE OR OTHER INSTRUMENT CREATING THE INTEREST OR LIEN
18 WAS RECORDED.
19 (10) NOTHING IN THIS SUBSECTION SHALL CHANGE THE <--
20 PRIORITY OR VALIDITY OF ANY LIEN RECORDED PRIOR TO THE
21 EFFECTIVE DATE OF THIS SUBSECTION.
22 * * *
23 SECTION 5. SECTION 4355(D.6) OF TITLE 23 IS AMENDED TO READ:
24 § 4355. Denial or suspension of licenses.
25 * * *
26 (d.1) Special procedures for operating privilege.-- <--
27 * * *
28 (7) Notwithstanding paragraph (6), an individual
29 alleging a mistake of fact may appeal a suspension or a
30 refusal to issue or renew a license pursuant to this section
19970H1992B4124 - 10 -
1 by submitting a written request for a hearing to the domestic
2 relations section within 14 days of the date of the
3 suspension or the refusal to issue or renew. Within seven
4 days of the date of such request, the domestic relations
5 section shall direct the Department of Transportation to stay
6 any action revoking or suspending the individual's license
7 until further notice from the domestic relations section.
8 Such hearing shall be limited to deciding if there has been a
9 mistake of fact. If the hearing results in a finding that
10 there is no basis for a suspension or a refusal to issue or
11 renew a license under this section, the domestic relations
12 section shall promptly notify the Department of
13 Transportation. If the hearing results in a finding that
14 there is a basis for a suspension or a refusal to issue or
15 renew the individual's license under this section, the
16 domestic relations section shall promptly notify the
17 Department of Transportation to proceed with the suspension
18 or the refusal to issue or renew the individual's license.
19 * * *
20 (d.6) Immunity.--The court, the domestic relations section,
21 the Department of Public Welfare, the Department of
22 Transportation, the Pennsylvania Game Commission, the
23 Pennsylvania Fish and Boat Commission or any employee of any of
24 these entities or any person appointed by the Pennsylvania Game
25 Commission or the Pennsylvania Fish and Boat Commission to issue
26 licenses and permits pursuant to the applicable provisions of 30
27 Pa.C.S. (relating to fish) and 34 Pa.C.S. (relating to game)
28 shall not be subject to civil or criminal liability for carrying
29 out their duties under this section.
30 * * *
19970H1992B4124 - 11 -
1 Section 3. Section 6340(a)(5) of Title 23 is amended to <--
2 read:
3 SECTION 6. SECTION 4374(C) OF TITLE 23 IS AMENDED AND THE <--
4 SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
5 § 4374. STATE DISBURSEMENT UNIT.
6 * * *
7 (C) ALLOCATION OF COLLECTIONS.--SUBJECT TO SUBSECTIONS (D),
8 (E) [AND], (F) AND (F.1), SUPPORT COLLECTED ON BEHALF OF A
9 FAMILY SHALL BE DISTRIBUTED AS FOLLOWS:
10 (1) IN THE CASE OF A FAMILY RECEIVING CASH ASSISTANCE
11 FROM THE COMMONWEALTH:
12 (I) FIRST, PAY TO THE FEDERAL GOVERNMENT AN AMOUNT
13 EQUAL TO THE FEDERAL SHARE OF THE AMOUNT COLLECTED.
14 (II) SECOND, AFTER APPLICATION OF SUBPARAGRAPH (I),
15 FROM THE AMOUNT REMAINING, PASS THROUGH TO THE ASSISTANCE
16 GROUP THE FIRST $50 PER MONTH OF CURRENT CHILD OR SPOUSAL
17 SUPPORT COLLECTED WITHOUT DECREASING THE AMOUNT OF CASH
18 ASSISTANCE, PROVIDED, HOWEVER, THAT IN NO EVENT MAY ANY
19 ASSISTANCE GROUP BE PAID MORE THAN ONE SUPPORT PASS-
20 THROUGH PAYMENT PER MONTH.
21 (III) THIRD, RETAIN THE REMAINDER OF THE AMOUNT
22 COLLECTED TO REIMBURSE THE COMMONWEALTH UNTIL THE AMOUNT
23 REIMBURSED EQUALS THE AMOUNT OF UNREIMBURSED CASH
24 ASSISTANCE PAID TO THE FAMILY.
25 (IV) FOURTH, PAY TO THE FAMILY ANY AMOUNTS COLLECTED
26 IN EXCESS OF THE AMOUNTS DISTRIBUTED OR RETAINED UNDER
27 SUBPARAGRAPHS (I), (II) AND (III).
28 (2) IN THE CASE OF A FAMILY THAT FORMERLY RECEIVED CASH
29 ASSISTANCE FROM THE COMMONWEALTH:
30 (I) FIRST, PAY TO THE FAMILY THE CURRENT SUPPORT
19970H1992B4124 - 12 -
1 COLLECTED THAT DOES NOT EXCEED THE COURT-ORDERED AMOUNT
2 TO BE PAID IN THE MONTH; AND
3 (II) SECOND, TREAT AMOUNTS COLLECTED IN EXCESS OF
4 THE CURRENT SUPPORT COLLECTED AS ARREARAGES AND
5 DISTRIBUTE AS FOLLOWS:
6 (A) IN THE CASE OF ARREARAGES THAT ACCRUED AFTER
7 THE FAMILY CEASED TO RECEIVE CASH ASSISTANCE FROM THE
8 COMMONWEALTH AND WHICH ARE COLLECTED AFTER OCTOBER 1,
9 [1997] 1998:
10 (I) FIRST, PAY THE FAMILY UP TO THE AMOUNT
11 OF ARREARAGES THAT ACCRUED AFTER THE FAMILY
12 CEASED TO RECEIVE CASH ASSISTANCE FROM THE
13 COMMONWEALTH;
14 (II) SECOND, TREAT THE BALANCE AS
15 REIMBURSEMENT OF ASSISTANCE IN AN AMOUNT NOT TO
16 EXCEED THE TOTAL AMOUNT OF UNREIMBURSED CASH
17 ASSISTANCE PAID TO THE FAMILY AND:
18 (A) PAY AN AMOUNT EQUAL TO THE FEDERAL
19 SHARE OF THE REIMBURSED AMOUNT TO THE FEDERAL
20 GOVERNMENT; AND
21 (B) RETAIN FOR THE COMMONWEALTH AN
22 AMOUNT EQUAL TO THE NON-FEDERAL SHARE OF THE
23 REIMBURSED AMOUNT; AND
24 (III) THIRD, PAY ANY REMAINING AMOUNT TO THE
25 FAMILY.
26 [(B) IN THE CASE OF ARREARAGES THAT ACCRUED
27 BEFORE THE FAMILY RECEIVED CASH ASSISTANCE FROM THE
28 COMMONWEALTH AND WHICH ARE COLLECTED BEFORE OCTOBER
29 1, 2000:
30 (I) FIRST, TREAT THE AMOUNT COLLECTED FIRST
19970H1992B4124 - 13 -
1 AS REIMBURSEMENT OF ASSISTANCE IN AN AMOUNT NOT
2 TO EXCEED THE TOTAL AMOUNT OF UNREIMBURSED CASH
3 ASSISTANCE PAID TO THE FAMILY AND:
4 (A) PAY AN AMOUNT EQUAL TO THE FEDERAL
5 SHARE OF THE REIMBURSED AMOUNT TO THE FEDERAL
6 GOVERNMENT; AND
7 (B) RETAIN FOR THE COMMONWEALTH AN
8 AMOUNT EQUAL TO THE NON-FEDERAL SHARE OF THE
9 REIMBURSED AMOUNT; AND
10 (II) SECOND, PAY ANY REMAINING AMOUNT TO THE
11 FAMILY.]
12 (C) IN THE CASE OF ARREARAGES THAT ACCRUED
13 BEFORE THE FAMILY RECEIVED CASH ASSISTANCE FROM THE
14 COMMONWEALTH AND WHICH ARE COLLECTED AFTER OCTOBER 1,
15 [2000] 1998:
16 (I) FIRST, PAY TO THE FAMILY UP TO THE
17 AMOUNT OF ARREARAGES THAT ACCRUED BEFORE THE
18 FAMILY BEGAN TO RECEIVE CASH ASSISTANCE FROM THE
19 COMMONWEALTH;
20 (II) SECOND, TREAT THE BALANCE AS
21 REIMBURSEMENT OF ASSISTANCE IN AN AMOUNT NOT TO
22 EXCEED THE TOTAL AMOUNT OF UNREIMBURSED CASH
23 ASSISTANCE PAID TO THE FAMILY AND:
24 (A) PAY AN AMOUNT EQUAL TO THE FEDERAL
25 SHARE OF THE REIMBURSED AMOUNT TO THE FEDERAL
26 GOVERNMENT; AND
27 (B) RETAIN FOR THE COMMONWEALTH AN
28 AMOUNT EQUAL TO THE NON-FEDERAL SHARE OF THE
29 REIMBURSED AMOUNT; AND
30 (III) THIRD, PAY ANY REMAINING AMOUNT TO THE
19970H1992B4124 - 14 -
1 FAMILY.
2 (D) IN THE CASE OF ARREARAGES THAT ACCRUED WHILE
3 THE FAMILY RECEIVED CASH ASSISTANCE FROM THE
4 COMMONWEALTH:
5 (I) FIRST, TREAT THE AMOUNT COLLECTED AS
6 REIMBURSEMENT OF ASSISTANCE IN AN AMOUNT NOT TO
7 EXCEED THE TOTAL AMOUNT OF UNREIMBURSED CASH
8 ASSISTANCE PAID TO THE FAMILY AND:
9 (A) PAY AN AMOUNT EQUAL TO THE FEDERAL
10 SHARE OF THE REIMBURSED AMOUNT TO THE FEDERAL
11 GOVERNMENT; AND
12 (B) RETAIN FOR THE COMMONWEALTH AN
13 AMOUNT EQUAL TO THE NON-FEDERAL SHARE OF THE
14 REIMBURSED AMOUNT; AND
15 (II) SECOND, PAY ANY REMAINING AMOUNT TO THE
16 FAMILY.
17 (E) NOTWITHSTANDING CLAUSES (A) THROUGH (C), THE
18 RIGHT TO ANY SUPPORT OBLIGATION ASSIGNED TO THE
19 COMMONWEALTH AS A CONDITION OF RECEIVING CASH
20 ASSISTANCE IN EFFECT ON SEPTEMBER 30, 1997, SHALL
21 REMAIN ASSIGNED AFTER THAT DATE.
22 (F) EXCEPT FOR AMOUNTS ASSIGNED TO THE
23 COMMONWEALTH UNDER SUBSECTION (D), BEGINNING OCTOBER
24 1, 1998, ANY SUPPORT ARREARAGES COLLECTED SHALL BE
25 CREDITED AS FOLLOWS:
26 (I) FIRST, TO THE PERIOD AFTER THE FAMILY
27 CEASED TO RECEIVE ASSISTANCE;
28 (II) SECOND, TO THE PERIOD BEFORE THE FAMILY
29 RECEIVED ASSISTANCE; AND
30 (III) THIRD, TO THE PERIOD DURING WHICH THE
19970H1992B4124 - 15 -
1 FAMILY RECEIVED ASSISTANCE.
2 (3) IN THE CASE OF A FAMILY THAT NEVER RECEIVED CASH
3 ASSISTANCE FROM THE COMMONWEALTH, ALL SUPPORT COLLECTIONS
4 SHALL BE PAID TO THE FAMILY.
5 * * *
6 (F.1) DISTRIBUTION.--NOTWITHSTANDING ANY OTHER PROVISION OF
7 LAW, ALL CHILD SUPPORT ARREARS COLLECTED PRIOR TO OCTOBER 1,
8 1998, SHALL BE DISTRIBUTED IN ACCORDANCE WITH DEPARTMENT
9 PROCEDURES APPLYING ALL OF THE PROVISIONS EXCEPT SUBSECTION
10 (B)(1) OF SECTION 457 OF THE SOCIAL SECURITY ACT (49 STAT. 620,
11 42 U.S.C. § 657), AS IN EFFECT ON AUGUST 21, 1996.
12 * * *
13 SECTION 7. SECTION 4377(A) OF TITLE 23 IS AMENDED BY ADDING
14 A PARAGRAPH TO READ:
15 § 4377. POWER TO EXPEDITE SUPPORT CASES.
16 (A) ADMINISTRATIVE POWERS.--THE DEPARTMENT SHALL HAVE
17 STATEWIDE JURISDICTION TO ISSUE THE FOLLOWING ADMINISTRATIVE
18 ORDERS TO EXPEDITE THE ESTABLISHMENT AND ENFORCEMENT OF SUPPORT
19 ON BEHALF OF ANY ASSISTANCE RECIPIENT OR NONRECIPIENT RECEIVING
20 TITLE IV-D SERVICES:
21 * * *
22 (13) TO PROHIBIT THE ISSUANCE OR RENEWAL OF A LICENSE OF
23 AN OBLIGOR OR OTHER INDIVIDUAL UNDER SECTION 4355(A)
24 (RELATING TO DENIAL OR SUSPENSION OF LICENSES) OR TO REQUIRE
25 THE SUSPENSION OF THE LICENSE OF AN OBLIGOR OR OTHER
26 INDIVIDUAL PURSUANT TO SECTION 4355(D.1).
27 * * *
28 SECTION 8. SECTIONS 5103(A) AND 6340(A)(5), 6302(B), 6335(B) <--
29 AND 6337 OF TITLE 23 ARE AMENDED TO READ:
30 § 5103. ACKNOWLEDGMENT AND CLAIM OF PATERNITY.
19970H1992B4124 - 16 -
1 (A) ACKNOWLEDGMENT OF PATERNITY.--THE FATHER OF A CHILD BORN
2 TO AN UNMARRIED WOMAN MAY FILE WITH THE DEPARTMENT OF PUBLIC
3 WELFARE, ON FORMS PRESCRIBED BY THE DEPARTMENT, AN
4 ACKNOWLEDGMENT OF PATERNITY OF THE CHILD WHICH SHALL INCLUDE THE
5 CONSENT OF THE MOTHER OF THE CHILD, SUPPORTED BY HER [AFFIDAVIT]
6 WITNESSED STATEMENT SUBJECT TO 18 PA.C.S. § 4904 (RELATING TO
7 UNSWORN FALSIFICATION TO AUTHORITIES). IN SUCH CASE, THE FATHER
8 SHALL HAVE ALL THE RIGHTS AND DUTIES AS TO THE CHILD WHICH HE
9 WOULD HAVE HAD IF HE HAD BEEN MARRIED TO THE MOTHER AT THE TIME
10 OF THE BIRTH OF THE CHILD, AND THE CHILD SHALL HAVE ALL THE
11 RIGHTS AND DUTIES AS TO THE FATHER WHICH THE CHILD WOULD HAVE
12 HAD IF THE FATHER HAD BEEN MARRIED TO THE MOTHER AT THE TIME OF
13 BIRTH. THE HOSPITAL OR OTHER PERSON ACCEPTING AN ACKNOWLEDGMENT
14 OF PATERNITY SHALL PROVIDE WRITTEN AND ORAL NOTICE, WHICH MAY BE
15 THROUGH THE USE OF VIDEO OR AUDIO EQUIPMENT, TO THE BIRTH MOTHER
16 AND BIRTH FATHER OF THE ALTERNATIVES TO, THE LEGAL CONSEQUENCES
17 OF AND THE RIGHTS AND RESPONSIBILITIES THAT ARISE FROM, SIGNING
18 THE ACKNOWLEDGMENT.
19 * * *
20 § 6302. FINDINGS AND PURPOSE OF CHAPTER. <--
21 * * *
22 (B) PURPOSE.--IT IS THE PURPOSE OF THIS CHAPTER TO ENCOURAGE
23 MORE COMPLETE REPORTING OF SUSPECTED CHILD ABUSE; TO THE EXTENT
24 PERMITTED BY THIS CHAPTER, TO INVOLVE LAW ENFORCEMENT AGENCIES
25 IN RESPONDING TO CHILD ABUSE; AND TO ESTABLISH IN EACH COUNTY
26 PROTECTIVE SERVICES FOR THE PURPOSE OF INVESTIGATING THE REPORTS
27 SWIFTLY AND COMPETENTLY, PROVIDING PROTECTION FOR CHILDREN FROM
28 FURTHER ABUSE AND PROVIDING REHABILITATIVE SERVICES FOR CHILDREN
29 AND PARENTS INVOLVED SO AS TO ENSURE THE CHILD'S WELL-BEING AND
30 TO PRESERVE, STABILIZE AND PROTECT THE INTEGRITY OF FAMILY LIFE
19970H1992B4124 - 17 -
1 WHEREVER APPROPRIATE OR TO PROVIDE ANOTHER ALTERNATIVE PERMANENT
2 FAMILY WHEN THE UNITY OF THE FAMILY CANNOT BE MAINTAINED. IT IS
3 ALSO THE PURPOSE OF THIS CHAPTER TO ENSURE THAT EACH COUNTY
4 CHILDREN AND YOUTH AGENCY ESTABLISH A PROGRAM OF PROTECTIVE
5 SERVICES WITH PROCEDURES TO ASSESS RISK OF HARM TO A CHILD AND
6 WITH THE CAPABILITIES TO RESPOND ADEQUATELY TO MEET THE NEEDS OF
7 THE FAMILY AND CHILD WHO MAY BE AT RISK AND TO PRIORITIZE THE
8 RESPONSE AND SERVICES TO CHILDREN MOST AT RISK.
9 * * *
10 § 6335. INFORMATION IN PENDING COMPLAINT AND UNFOUNDED REPORT
11 FILES.
12 * * *
13 (B) ACCESS TO INFORMATION.--EXCEPT AS PROVIDED IN SECTIONS
14 6332 (RELATING TO ESTABLISHMENT OF STATEWIDE TOLL-FREE TELEPHONE
15 NUMBER), 6334 (RELATING TO DISPOSITION OF COMPLAINTS RECEIVED),
16 6340 (RELATING TO RELEASE OF INFORMATION IN CONFIDENTIAL
17 REPORTS) AND 6342 (RELATING TO STUDIES OF DATA IN RECORDS), NO
18 PERSON, OTHER THAN AN EMPLOYEE OF THE DEPARTMENT IN THE COURSE
19 OF OFFICIAL DUTIES IN CONNECTION WITH THE RESPONSIBILITIES OF
20 THE DEPARTMENT UNDER THIS CHAPTER, SHALL AT ANY TIME HAVE ACCESS
21 TO ANY INFORMATION IN THE PENDING COMPLAINT FILE OR STATEWIDE
22 CENTRAL REGISTER. INFORMATION IN THE FILE OF UNFOUNDED REPORTS
23 SHALL BE AVAILABLE ONLY TO EMPLOYEES OF THE DEPARTMENT PURSUANT
24 TO THIS SUBSECTION, TO SUBJECTS OF A REPORT OR LAW ENFORCEMENT
25 OFFICIALS PURSUANT TO SECTION 6340 AND TO THE OFFICE OF ATTORNEY
26 GENERAL PURSUANT TO SECTION 6345 (RELATING TO AUDITS BY ATTORNEY
27 GENERAL) UNTIL THE REPORTS ARE EXPUNGED PURSUANT TO SECTION 6337
28 (RELATING TO DISPOSITION OF UNFOUNDED REPORTS).
29 § 6337. DISPOSITION OF UNFOUNDED REPORTS.
30 (A) GENERAL RULE.--WHEN A REPORT OF SUSPECTED CHILD ABUSE IS
19970H1992B4124 - 18 -
1 DETERMINED BY THE APPROPRIATE COUNTY AGENCY TO BE AN UNFOUNDED
2 REPORT, THE INFORMATION CONCERNING THAT REPORT OF SUSPECTED
3 CHILD ABUSE SHALL BE MAINTAINED FOR A PERIOD OF ONE YEAR.
4 FOLLOWING THE EXPIRATION OF ONE YEAR AFTER THE DATE THE REPORT
5 WAS RECEIVED BY THE DEPARTMENT, THE REPORT SHALL BE EXPUNGED
6 FROM THE PENDING COMPLAINT FILE, AS SOON AS POSSIBLE, BUT NO
7 LATER THAN 120 DAYS AFTER THE ONE-YEAR PERIOD FOLLOWING THE DATE
8 THE REPORT WAS RECEIVED BY THE DEPARTMENT, AND NO INFORMATION
9 OTHER THAN THAT AUTHORIZED BY SUBSECTION (B), WHICH SHALL NOT
10 INCLUDE ANY IDENTIFYING INFORMATION ON ANY SUBJECT OF THE
11 REPORT, SHALL BE RETAINED BY THE DEPARTMENT.
12 (B) ABSENCE OF OTHER DETERMINATION.--IF AN INVESTIGATION OF
13 A REPORT OF SUSPECTED CHILD ABUSE CONDUCTED BY THE APPROPRIATE
14 COUNTY AGENCY PURSUANT TO THIS CHAPTER DOES NOT DETERMINE WITHIN
15 60 DAYS OF THE DATE OF THE INITIAL REPORT OF THE INSTANCE OF
16 SUSPECTED CHILD ABUSE THAT THE REPORT IS A FOUNDED REPORT, AN
17 INDICATED REPORT OR AN UNFOUNDED REPORT, OR UNLESS WITHIN THAT
18 SAME 60-DAY PERIOD COURT ACTION HAS BEEN INITIATED AND IS
19 RESPONSIBLE FOR THE DELAY, THE REPORT SHALL BE CONSIDERED TO BE
20 AN UNFOUNDED REPORT, AND ALL INFORMATION IDENTIFYING THE
21 SUBJECTS OF THE REPORT SHALL BE EXPUNGED NO LATER THAN 120 DAYS
22 FOLLOWING THE EXPIRATION OF ONE YEAR AFTER THE DATE THE REPORT
23 WAS RECEIVED BY THE DEPARTMENT. THE AGENCY SHALL ADVISE THE
24 DEPARTMENT THAT COURT ACTION OR AN ARREST HAS BEEN INITIATED SO
25 THAT THE PENDING COMPLAINT FILE IS KEPT CURRENT REGARDING THE
26 STATUS OF ALL LEGAL PROCEEDINGS AND EXPUNCTION DELAYED.
27 (C) EXPUNCTION OF INFORMATION.--ALL INFORMATION IDENTIFYING
28 THE SUBJECTS OF ANY REPORT OF SUSPECTED CHILD ABUSE AND OF ANY
29 REPORT UNDER SUBCHAPTER C.1 (RELATING TO STUDENTS IN PUBLIC AND
30 PRIVATE SCHOOLS) DETERMINED TO BE AN UNFOUNDED REPORT SHALL BE
19970H1992B4124 - 19 -
1 EXPUNGED FROM THE PENDING COMPLAINT FILE PURSUANT TO THIS
2 SECTION. THE EXPUNCTION SHALL BE MANDATED AND GUARANTEED BY THE
3 DEPARTMENT.
4 SECTION 9. SECTION 6340(A)(5), (9) AND (10) OF TITLE 23 ARE
5 AMENDED AND THE SUBSECTION IS AMENDED BY ADDING A PARAGRAPH TO
6 READ:
7 § 6340. Release of information in confidential reports.
8 (a) General rule.--Reports specified in section 6339
9 (relating to confidentiality of reports), and testimony based on <--
10 the reports or on the investigation underlying them, shall only
11 be made available to:
12 * * *
13 (5) [A] Pursuant to a subpoena or similar court order, a <--
14 court of competent jurisdiction [pursuant to a court order.]
15 in any case and a district justice, a judge of the
16 Philadelphia Municipal Court or a judge of the Pittsburgh
17 Magistrates Court, in a case involving alleged criminal
18 conduct which meets the definition of child abuse under
19 section 6303 (relating to definitions). Disclosure through
20 testimony shall be subject to the restrictions of subsection
21 (c).
22 * * *
23 Section 4 2. This act shall take effect in 60 days. <--
24 (5) A COURT OF COMPETENT JURISDICTION [PURSUANT TO A <--
25 COURT ORDER.], INCLUDING A DISTRICT JUSTICE, A JUDGE OF THE
26 PHILADELPHIA MUNICIPAL COURT AND A JUDGE OF THE PITTSBURGH
27 MAGISTRATES COURT, PURSUANT TO COURT ORDER OR SUBPOENA IN A
28 CRIMINAL MATTER INVOLVING A CHARGE OF CHILD ABUSE UNDER
29 SECTION 6303(B) (RELATING TO DEFINITIONS). DISCLOSURE THROUGH
30 TESTIMONY SHALL BE SUBJECT TO THE RESTRICTIONS OF SUBSECTION
19970H1992B4124 - 20 -
1 (C).
2 * * *
3 (9) LAW ENFORCEMENT OFFICIALS OF ANY JURISDICTION, AS <--
4 LONG AS THE INFORMATION IS RELEVANT IN THE COURSE OF
5 INVESTIGATING CASES OF:
6 (I) HOMICIDE OR OTHER CRIMINAL OFFENSE SET FORTH IN
7 SECTION 6344(C) (RELATING TO INFORMATION RELATING TO
8 PROSPECTIVE CHILD-CARE PERSONNEL), SEXUAL ABUSE, SEXUAL
9 EXPLOITATION [OR], SERIOUS BODILY INJURY OR SERIOUS
10 PHYSICAL INJURY PERPETRATED BY PERSONS WHETHER OR NOT
11 RELATED TO THE VICTIM.
12 (II) CHILD ABUSE PERPETRATED BY PERSONS WHO ARE NOT
13 FAMILY MEMBERS.
14 (III) REPEATED PHYSICAL INJURY TO A CHILD UNDER
15 CIRCUMSTANCES WHICH INDICATE THAT THE CHILD'S HEALTH,
16 SAFETY OR WELFARE IS HARMED OR THREATENED.
17 (IV) A MISSING CHILD REPORT.
18 (10) [LAW ENFORCEMENT OFFICIALS WHO] THE DISTRICT
19 ATTORNEY OR HIS DESIGNEE OR OTHER LAW ENFORCEMENT OFFICIAL,
20 AS SET FORTH IN THE COUNTY PROTOCOLS FOR INVESTIGATIVE TEAMS
21 REQUIRED IN SECTION 6365(C) (RELATING TO SERVICES FOR
22 PREVENTION, INVESTIGATION AND TREATMENT OF CHILD ABUSE),
23 SHALL RECEIVE, IMMEDIATELY AFTER THE COUNTY AGENCY HAS
24 ENSURED THE SAFETY OF THE CHILD, REPORTS OF ABUSE, EITHER
25 ORALLY OR IN WRITING, ACCORDING TO REGULATIONS PROMULGATED BY
26 THE DEPARTMENT, FROM THE COUNTY AGENCY IN WHICH THE INITIAL
27 REPORT OF SUSPECTED CHILD ABUSE OR INITIAL INQUIRY INTO THE
28 REPORT GIVES EVIDENCE THAT THE ABUSE IS:
29 (I) [HOMICIDE] A CRIMINAL OFFENSE SET FORTH IN
30 SECTION 6344(C), NOT INCLUDING AN OFFENSE UNDER SECTION
19970H1992B4124 - 21 -
1 4304 (RELATING TO ENDANGERING WELFARE OF CHILDREN) OR AN
2 EQUIVALENT CRIME UNDER FEDERAL LAW OR THE LAW OF ANOTHER
3 STATE, SEXUAL ABUSE, SEXUAL EXPLOITATION OR SERIOUS
4 BODILY INJURY PERPETRATED BY PERSONS, WHETHER OR NOT
5 RELATED TO THE VICTIM; [OR]
6 (II) CHILD ABUSE PERPETRATED BY PERSONS WHO ARE NOT
7 FAMILY MEMBERS[.]; OR
8 (III) SERIOUS PHYSICAL INJURY INVOLVING EXTENSIVE
9 AND SEVERE BRUISING, BURNS, BROKEN BONES, LACERATIONS,
10 INTERNAL BLEEDING, SHAKEN BABY SYNDROME OR CHOKING, OR AN
11 INJURY THAT SIGNIFICANTLY IMPAIRS A CHILD'S PHYSICAL
12 FUNCTIONING, EITHER TEMPORARILY OR PERMANENTLY.
13 * * *
14 (15) APPROPRIATE OFFICIALS OF ANOTHER COUNTY OR STATE
15 REGARDING AN INVESTIGATION RELATED TO CHILD ABUSE OR
16 PROTECTIVE SERVICES WHEN A FAMILY HAS MOVED TO THAT COUNTY OR
17 STATE. REPORTS UNDER THIS PARAGRAPH SHALL INCLUDE GENERAL
18 PROTECTIVE SERVICE REPORTS AND RELATED INFORMATION. REPORTS
19 AND INFORMATION UNDER THIS PARAGRAPH SHALL BE PROVIDED WITHIN
20 SEVEN CALENDAR DAYS. THE DEPARTMENT SHALL PROMULGATE
21 REGULATIONS AS NECESSARY TO CARRY OUT THE PURPOSES OF THIS
22 PARAGRAPH.
23 * * *
24 SECTION 10. SECTIONS 6341(B), (C) AND (F), 6344(B), (C) AND
25 (H), 6346(C) AND 6365 OF TITLE 23 ARE AMENDED TO READ:
26 § 6341. AMENDMENT OR EXPUNCTION OF INFORMATION.
27 * * *
28 (B) REVIEW OF GRANT OF REQUEST.--IF THE SECRETARY GRANTS THE
29 REQUEST UNDER SUBSECTION (A)(2), THE STATEWIDE CENTRAL REGISTER,
30 APPROPRIATE COUNTY AGENCY, APPROPRIATE LAW ENFORCEMENT OFFICIALS
19970H1992B4124 - 22 -
1 AND ALL SUBJECTS SHALL BE SO ADVISED OF THE DECISION. THE COUNTY
2 AGENCY AND ANY SUBJECT HAVE 45 DAYS IN WHICH TO FILE AN
3 ADMINISTRATIVE APPEAL WITH THE SECRETARY. IF AN ADMINISTRATIVE
4 APPEAL IS RECEIVED, THE SECRETARY OR HIS DESIGNATED AGENT SHALL
5 SCHEDULE A HEARING PURSUANT TO ARTICLE IV OF THE ACT OF JUNE 13,
6 1967 (P.L.31, NO.21), KNOWN AS THE PUBLIC WELFARE CODE, AND
7 ATTENDING DEPARTMENTAL REGULATIONS. IF NO ADMINISTRATIVE APPEAL
8 IS RECEIVED WITHIN THE DESIGNATED TIME PERIOD, THE STATEWIDE
9 CENTRAL REGISTER SHALL COMPLY WITH THE DECISION OF THE SECRETARY
10 AND ADVISE THE COUNTY AGENCY TO AMEND OR EXPUNGE THE INFORMATION
11 IN THEIR RECORDS SO THAT THE RECORDS ARE CONSISTENT AT BOTH THE
12 STATE AND LOCAL LEVELS.
13 (C) REVIEW OF REFUSAL OF REQUEST.--IF THE SECRETARY REFUSES
14 THE REQUEST UNDER SUBSECTION (A)(2) OR DOES NOT ACT WITHIN A
15 REASONABLE TIME, BUT IN NO EVENT LATER THAN 30 DAYS AFTER
16 RECEIPT OF THE REQUEST, THE PERPETRATOR OR SCHOOL EMPLOYEE SHALL
17 HAVE THE RIGHT TO A HEARING BEFORE THE SECRETARY OR A DESIGNATED
18 AGENT OF THE SECRETARY TO DETERMINE WHETHER THE SUMMARY OF THE
19 INDICATED REPORT IN THE STATEWIDE CENTRAL REGISTER SHOULD BE
20 AMENDED OR EXPUNGED ON THE GROUNDS THAT IT IS INACCURATE OR THAT
21 IT IS BEING MAINTAINED IN A MANNER INCONSISTENT WITH THIS
22 CHAPTER. THE PERPETRATOR OR SCHOOL EMPLOYEE SHALL HAVE 45 DAYS
23 FROM THE DATE OF THE LETTER GIVING NOTICE OF THE DECISION TO
24 DENY THE REQUEST IN WHICH TO REQUEST A HEARING. THE APPROPRIATE
25 COUNTY AGENCY AND APPROPRIATE LAW ENFORCEMENT OFFICIALS SHALL BE
26 GIVEN NOTICE OF THE HEARING. THE BURDEN OF PROOF IN THE HEARING
27 SHALL BE ON THE APPROPRIATE COUNTY AGENCY. THE DEPARTMENT SHALL
28 ASSIST THE COUNTY AGENCY AS NECESSARY.
29 * * *
30 (F) NOTICE OF EXPUNCTION.--WRITTEN NOTICE OF AN EXPUNCTION
19970H1992B4124 - 23 -
1 OF ANY CHILD ABUSE RECORD MADE PURSUANT TO THE PROVISIONS OF
2 THIS CHAPTER SHALL BE SERVED UPON THE SUBJECT OF THE RECORD WHO
3 WAS RESPONSIBLE FOR THE ABUSE OR INJURY AND THE APPROPRIATE
4 COUNTY AGENCY. EXCEPT AS PROVIDED IN THIS SUBSECTION, THE COUNTY
5 AGENCY, UPON RECEIPT OF THE NOTICE, SHALL TAKE APPROPRIATE,
6 SIMILAR ACTION IN REGARD TO THE LOCAL CHILD ABUSE AND SCHOOL
7 EMPLOYEE RECORDS AND INFORM, FOR THE SAME PURPOSE, THE
8 APPROPRIATE CORONER IF THAT OFFICER HAS RECEIVED REPORTS
9 PURSUANT TO SECTION 6367 (RELATING TO REPORTS TO DEPARTMENT AND
10 CORONER). WHENEVER THE COUNTY AGENCY INVESTIGATION REVEALS,
11 WITHIN 60 DAYS OF RECEIPT OF THE REPORT OF SUSPECTED CHILD
12 ABUSE, THAT THE REPORT IS UNFOUNDED BUT THAT THE SUBJECTS NEED
13 SERVICES PROVIDED OR ARRANGED BY THE COUNTY AGENCY, THE COUNTY
14 AGENCY [MAY] SHALL RETAIN THOSE RECORDS AND SHALL SPECIFICALLY
15 IDENTIFY THAT THE REPORT WAS AN UNFOUNDED REPORT OF SUSPECTED
16 CHILD ABUSE. AN UNFOUNDED REPORT REGARDING SUBJECTS WHO RECEIVE
17 SERVICES SHALL BE EXPUNGED NO LATER THAN 120 DAYS FOLLOWING THE
18 EXPIRATION OF ONE YEAR AFTER THE TERMINATION OR COMPLETION OF
19 SERVICES PROVIDED OR ARRANGED BY THE COUNTY AGENCY.
20 § 6344. INFORMATION RELATING TO PROSPECTIVE CHILD-CARE
21 PERSONNEL.
22 * * *
23 (B) INFORMATION SUBMITTED BY PROSPECTIVE EMPLOYEES.--
24 ADMINISTRATORS OF CHILD-CARE SERVICES SHALL REQUIRE APPLICANTS
25 TO SUBMIT WITH THEIR APPLICATIONS THE FOLLOWING INFORMATION
26 OBTAINED WITHIN THE PRECEDING ONE-YEAR PERIOD:
27 (1) PURSUANT TO 18 PA.C.S. CH. 91 (RELATING TO CRIMINAL
28 HISTORY RECORD INFORMATION), A REPORT OF CRIMINAL HISTORY
29 RECORD INFORMATION FROM THE PENNSYLVANIA STATE POLICE OR A
30 STATEMENT FROM THE PENNSYLVANIA STATE POLICE THAT THE STATE
19970H1992B4124 - 24 -
1 POLICE CENTRAL REPOSITORY CONTAINS NO SUCH INFORMATION
2 RELATING TO THAT PERSON. THE CRIMINAL HISTORY RECORD
3 INFORMATION SHALL BE LIMITED TO THAT WHICH IS DISSEMINATED
4 PURSUANT TO 18 PA.C.S. § 9121(B)(2) (RELATING TO GENERAL
5 REGULATIONS).
6 (2) A CERTIFICATION FROM THE DEPARTMENT AS TO WHETHER
7 THE APPLICANT IS NAMED IN THE CENTRAL REGISTER AS THE
8 PERPETRATOR OF A FOUNDED REPORT OF CHILD ABUSE, INDICATED
9 REPORT OF CHILD ABUSE, FOUNDED REPORT FOR SCHOOL EMPLOYEE OR
10 INDICATED REPORT FOR SCHOOL EMPLOYEE.
11 (3) WHERE THE APPLICANT IS NOT A RESIDENT OF THIS
12 COMMONWEALTH, ADMINISTRATORS SHALL REQUIRE THE APPLICANT TO
13 SUBMIT WITH THE APPLICATION FOR EMPLOYMENT A REPORT OF
14 FEDERAL CRIMINAL HISTORY RECORD INFORMATION. THE APPLICANT
15 SHALL SUBMIT A FULL SET OF FINGERPRINTS TO THE DEPARTMENT.
16 THE DEPARTMENT SHALL SUBMIT THE FINGERPRINTS TO THE FEDERAL
17 BUREAU OF INVESTIGATION IN ORDER TO OBTAIN A REPORT OF
18 FEDERAL CRIMINAL HISTORY RECORD INFORMATION [PURSUANT TO THE
19 FEDERAL BUREAU OF INVESTIGATION APPROPRIATION OF THE
20 DEPARTMENT OF JUSTICE APPROPRIATION ACT OF 1973 (PUBLIC LAW
21 92-544, 86 STAT. 1116), AND THE DEPARTMENT SHALL BE THE] AND
22 SERVE AS INTERMEDIARY FOR THE PURPOSES OF THIS SECTION.
23 FOR THE PURPOSES OF THIS SUBSECTION, AN APPLICANT MAY SUBMIT A
24 COPY OF THE REQUIRED INFORMATION WITH AN APPLICATION FOR
25 EMPLOYMENT. ADMINISTRATORS SHALL MAINTAIN A COPY OF THE REQUIRED
26 INFORMATION AND SHALL REQUIRE APPLICANTS TO PRODUCE THE ORIGINAL
27 DOCUMENT PRIOR TO EMPLOYMENT.
28 (C) GROUNDS FOR DENYING EMPLOYMENT.--
29 (1) IN NO CASE SHALL AN ADMINISTRATOR HIRE AN APPLICANT
30 WHERE THE DEPARTMENT HAS VERIFIED THAT THE APPLICANT IS NAMED
19970H1992B4124 - 25 -
1 IN THE CENTRAL REGISTER AS THE PERPETRATOR OF A FOUNDED
2 REPORT OF CHILD ABUSE COMMITTED WITHIN THE FIVE-YEAR PERIOD
3 IMMEDIATELY PRECEDING VERIFICATION PURSUANT TO THIS SECTION.
4 (2) IN NO CASE SHALL AN ADMINISTRATOR HIRE AN APPLICANT
5 IF THE APPLICANT'S CRIMINAL HISTORY RECORD INFORMATION
6 INDICATES THE APPLICANT HAS BEEN CONVICTED OF ONE OR MORE OF
7 THE FOLLOWING OFFENSES UNDER TITLE 18 (RELATING TO CRIMES AND
8 OFFENSES) OR AN EQUIVALENT CRIME UNDER FEDERAL LAW OR THE LAW
9 OF ANOTHER STATE:
10 CHAPTER 25 (RELATING TO CRIMINAL HOMICIDE).
11 SECTION 2702 (RELATING TO AGGRAVATED ASSAULT).
12 SECTION 2709 (RELATING TO HARASSMENT AND STALKING).
13 SECTION 2901 (RELATING TO KIDNAPPING).
14 SECTION 2902 (RELATING TO UNLAWFUL RESTRAINT).
15 SECTION 3121 (RELATING TO RAPE).
16 SECTION 3122.1 (RELATING TO STATUTORY SEXUAL ASSAULT).
17 SECTION 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL
18 INTERCOURSE).
19 SECTION 3124.1 (RELATING TO SEXUAL ASSAULT).
20 SECTION 3125 (RELATING TO AGGRAVATED INDECENT ASSAULT).
21 SECTION 3126 (RELATING TO INDECENT ASSAULT).
22 SECTION 3127 (RELATING TO INDECENT EXPOSURE).
23 SECTION 4302 (RELATING TO INCEST).
24 SECTION 4303 (RELATING TO CONCEALING DEATH OF CHILD).
25 SECTION 4304 (RELATING TO ENDANGERING WELFARE OF
26 CHILDREN).
27 SECTION 4305 (RELATING TO DEALING IN INFANT CHILDREN).
28 A FELONY OFFENSE UNDER SECTION 5902(B) (RELATING TO
29 PROSTITUTION AND RELATED OFFENSES).
30 SECTION 5903(C) OR (D) (RELATING TO OBSCENE AND OTHER
19970H1992B4124 - 26 -
1 SEXUAL MATERIALS AND PERFORMANCES).
2 SECTION 6301 (RELATING TO CORRUPTION OF MINORS).
3 SECTION 6312 (RELATING TO SEXUAL ABUSE OF CHILDREN).
4 THE ATTEMPT, SOLICITATION OR CONSPIRACY TO COMMIT ANY OF
5 THE OFFENSES SET FORTH IN THIS PARAGRAPH.
6 (3) IN NO CASE SHALL AN ADMINISTRATOR HIRE AN APPLICANT
7 IF THE APPLICANT'S CRIMINAL HISTORY RECORD INFORMATION
8 INDICATES THE APPLICANT HAS BEEN CONVICTED OF A FELONY
9 OFFENSE UNDER THE ACT OF APRIL 14, 1972 (P.L.233, NO.64),
10 KNOWN AS THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC
11 ACT, COMMITTED WITHIN THE FIVE-YEAR PERIOD IMMEDIATELY
12 PRECEDING VERIFICATION UNDER THIS SECTION.
13 * * *
14 (H) FEES.--THE DEPARTMENT MAY CHARGE A FEE NOT TO EXCEED $10
15 IN ORDER TO CONDUCT THE CERTIFICATION AS REQUIRED IN SUBSECTION
16 (B)(2)[.], EXCEPT THAT NO FEE SHALL BE CHARGED TO AN INDIVIDUAL
17 WHO MAKES THE REQUEST IN ORDER TO APPLY TO BECOME A VOLUNTEER
18 WITH AN AFFILIATE OF BIG BROTHERS OF AMERICA OR BIG SISTERS OF
19 AMERICA.
20 * * *
21 § 6346. COOPERATION OF OTHER AGENCIES.
22 * * *
23 (C) COOPERATION OF COUNTY AGENCY AND LAW ENFORCEMENT
24 AGENCIES.--CONSISTENT WITH THE PROVISIONS OF THIS CHAPTER, THE
25 COUNTY AGENCY AND LAW ENFORCEMENT AGENCIES SHALL COOPERATE AND
26 COORDINATE, TO THE FULLEST EXTENT POSSIBLE, THEIR EFFORTS TO
27 RESPOND TO AND INVESTIGATE REPORTS OF SUSPECTED CHILD ABUSE AND
28 TO REPORTS UNDER SUBCHAPTER C.1.
29 * * *
30 § 6365. SERVICES FOR PREVENTION, INVESTIGATION AND TREATMENT OF
19970H1992B4124 - 27 -
1 CHILD ABUSE.
2 (A) INSTRUCTION AND EDUCATION.--EACH COUNTY AGENCY SHALL
3 MAKE AVAILABLE AMONG ITS SERVICES FOR THE PREVENTION AND
4 TREATMENT OF CHILD ABUSE [MULTIDISCIPLINARY TEAMS,] INSTRUCTION
5 AND EDUCATION FOR PARENTHOOD AND PARENTING SKILLS, PROTECTIVE
6 AND PREVENTIVE SOCIAL COUNSELING, EMERGENCY CARETAKER SERVICES,
7 EMERGENCY SHELTER CARE, EMERGENCY MEDICAL SERVICES AND THE
8 ESTABLISHMENT OF SELF-HELP GROUPS ORGANIZED FOR THE PREVENTION
9 AND TREATMENT OF CHILD ABUSE, PART-DAY SERVICES, OUT-OF-HOME
10 PLACEMENT SERVICES, THERAPEUTIC ACTIVITIES FOR CHILD AND FAMILY
11 DIRECTED AT ALLEVIATING CONDITIONS THAT PRESENT A RISK TO THE
12 SAFETY AND WELL-BEING OF A CHILD AND ANY OTHER SERVICES REQUIRED
13 BY DEPARTMENT REGULATIONS.
14 (B) MULTIDISCIPLINARY TEAM.--THE COUNTY AGENCY SHALL MAKE
15 AVAILABLE AMONG ITS SERVICES A MULTIDISCIPLINARY TEAM FOR THE
16 PREVENTION, INVESTIGATION AND TREATMENT OF CHILD ABUSE AND SHALL
17 CONVENE THE MULTIDISCIPLINARY TEAM AT ANY TIME, BUT NOT LESS
18 THAN ANNUALLY:
19 (1) TO REVIEW SUBSTANTIATED CASES OF CHILD ABUSE,
20 INCLUDING RESPONSES BY THE COUNTY AGENCY AND OTHER AGENCIES
21 PROVIDING SERVICES TO THE CHILD.
22 (2) WHERE APPROPRIATE TO ASSIST IN THE DEVELOPMENT OF A
23 FAMILY SERVICE PLAN FOR THE CHILD.
24 (C) INVESTIGATIVE TEAM.--THE COUNTY AGENCY AND THE DISTRICT
25 ATTORNEY SHALL DEVELOP A PROTOCOL FOR THE CONVENING OF
26 INVESTIGATIVE TEAMS FOR ANY CASE OF CHILD ABUSE INVOLVING CRIMES
27 AGAINST CHILDREN, WHICH ARE SET FORTH IN SECTION 6340(A)(9) AND
28 (10) (RELATING TO RELEASE OF INFORMATION IN CONFIDENTIAL
29 REPORTS). THE COUNTY PROTOCOL SHALL INCLUDE STANDARDS AND
30 PROCEDURES TO BE USED IN RECEIVING AND REFERRING REPORTS AND
19970H1992B4124 - 28 -
1 COORDINATING INVESTIGATIONS OF REPORTED CASES OF CHILD ABUSE AND
2 A SYSTEM FOR SHARING THE INFORMATION OBTAINED AS A RESULT OF ANY
3 INTERVIEW. THE PROTOCOL SHALL INCLUDE ANY OTHER STANDARDS AND
4 PROCEDURES TO AVOID DUPLICATION OF FACT-FINDING EFFORTS AND
5 INTERVIEWS TO MINIMIZE THE TRAUMA TO THE CHILD. THE DISTRICT
6 ATTORNEY SHALL CONVENE AN INVESTIGATIVE TEAM IN ACCORDANCE WITH
7 THE PROTOCOL. THE INVESTIGATIVE TEAM SHALL CONSIST OF THOSE
8 INDIVIDUALS AND AGENCIES RESPONSIBLE FOR INVESTIGATING THE ABUSE
9 OR FOR PROVIDING SERVICES TO THE CHILD AND SHALL AT A MINIMUM
10 INCLUDE A HEALTH CARE PROVIDER, COUNTY CASEWORKER AND LAW
11 ENFORCEMENT OFFICIAL.
12 SECTION 9 11. THE PROVISIONS OF 23 PA.C.S. PT. II ARE <--
13 REPEALED INSOFAR AS THEY ARE INCONSISTENT WITH THIS ACT.
14 SECTION 10 12. THE AMENDMENT OF 23 PA.C.S. § 4374 SHALL <--
15 APPLY TO ALL CHILD SUPPORT ARREARS COLLECTED ON OR AFTER OCTOBER
16 1, 1998.
17 SECTION 11 13. NOTHING IN THIS ACT SHALL IMPAIR THE PRIORITY <--
18 OR VALIDITY OF ANY LIEN RECORDED PRIOR TO THE EFFECTIVE DATE OF
19 THIS ACT.
20 SECTION 12. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. <--
21 SECTION 14. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
22 (1) THE AMENDMENT OF 23 PA.C.S. §§ 6302(B), 6335(B),
23 6337, 6340(A)(9) AND (10), 6341(B), (C) AND (F), 6346(C) AND
24 6365 SHALL TAKE EFFECT MARCH 1, 1999.
25 (2) THE AMENDMENT OF 23 PA.C.S. § 6344 SHALL TAKE EFFECT
26 JANUARY 1, 1999.
27 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
28 IMMEDIATELY.
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