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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 2581, 3199, 3485,        PRINTER'S NO. 4148
        4056, 4124

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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 17, 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,;          <--
    16     PROVIDING FOR FINGERPRINTING OF CHILDREN; AND FURTHER
    17     PROVIDING FOR FINDINGS AND PURPOSE OF CHILD PROTECTIVE
    18     SERVICES CHAPTER, FOR INFORMATION IN PENDING COMPLAINT AND
    19     UNFOUNDED REPORT FILES, FOR DISPOSITION OF UNFOUNDED REPORTS,
    20     FOR RELEASE OF INFORMATION IN CONFIDENTIAL REPORTS, FOR        <--
    21     AMENDMENT OR EXPUNCTION OF INFORMATION, FOR GROUNDS FOR
    22     DENYING EMPLOYMENT, FOR COOPERATION OF OTHER AGENCIES, FOR
    23     SERVICES FOR PREVENTION AND TREATMENT OF CHILD ABUSE AND FOR
    24     INFORMATION RELATING TO PROSPECTIVE CHILD-CARE PERSONNEL; AND  <--
    25     MAKING REPEALS.

    26     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
    19970H1992B4148                  - 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
    19970H1992B4148                  - 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
    19970H1992B4148                  - 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:
    19970H1992B4148                  - 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
    19970H1992B4148                  - 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
    19970H1992B4148                  - 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
    19970H1992B4148                  - 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
    19970H1992B4148                  - 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
    19970H1992B4148                 - 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     * * *
    19970H1992B4148                 - 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
    19970H1992B4148                 - 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
    19970H1992B4148                 - 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
    19970H1992B4148                 - 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
    19970H1992B4148                 - 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     SECTION 8.  SECTION 5103(A) OF TITLE 23 IS AMENDED TO READ:    <--
    19970H1992B4148                 - 16 -

     1  § 5103.  ACKNOWLEDGMENT AND CLAIM OF PATERNITY.
     2     (A)  ACKNOWLEDGMENT OF PATERNITY.--THE FATHER OF A CHILD BORN
     3  TO AN UNMARRIED WOMAN MAY FILE WITH THE DEPARTMENT OF PUBLIC
     4  WELFARE, ON FORMS PRESCRIBED BY THE DEPARTMENT, AN
     5  ACKNOWLEDGMENT OF PATERNITY OF THE CHILD WHICH SHALL INCLUDE THE
     6  CONSENT OF THE MOTHER OF THE CHILD, SUPPORTED BY HER [AFFIDAVIT]
     7  WITNESSED STATEMENT SUBJECT TO 18 PA.C.S. § 4904 (RELATING TO
     8  UNSWORN FALSIFICATION TO AUTHORITIES). IN SUCH CASE, THE FATHER
     9  SHALL HAVE ALL THE RIGHTS AND DUTIES AS TO THE CHILD WHICH HE
    10  WOULD HAVE HAD IF HE HAD BEEN MARRIED TO THE MOTHER AT THE TIME
    11  OF THE BIRTH OF THE CHILD, AND THE CHILD SHALL HAVE ALL THE
    12  RIGHTS AND DUTIES AS TO THE FATHER WHICH THE CHILD WOULD HAVE
    13  HAD IF THE FATHER HAD BEEN MARRIED TO THE MOTHER AT THE TIME OF
    14  BIRTH. THE HOSPITAL OR OTHER PERSON ACCEPTING AN ACKNOWLEDGMENT
    15  OF PATERNITY SHALL PROVIDE WRITTEN AND ORAL NOTICE, WHICH MAY BE
    16  THROUGH THE USE OF VIDEO OR AUDIO EQUIPMENT, TO THE BIRTH MOTHER
    17  AND BIRTH FATHER OF THE ALTERNATIVES TO, THE LEGAL CONSEQUENCES
    18  OF AND THE RIGHTS AND RESPONSIBILITIES THAT ARISE FROM, SIGNING
    19  THE ACKNOWLEDGMENT.
    20     * * *
    21     SECTION 9.  TITLE 23 IS AMENDED BY ADDING A SECTION TO READ:   <--
    22  § 5105.  FINGERPRINTING OF CHILDREN.
    23     NOTWITHSTANDING THE PROVISIONS OF 54 PA.C.S. § 702(B)
    24  (RELATING TO CHANGE BY ORDER OF COURT), A CHILD WHO IS 12 YEARS
    25  OF AGE OR YOUNGER SHALL NOT BE REQUIRED TO SUBMIT A SET OF
    26  FINGERPRINTS FOR THE PURPOSE OF A NAME CHANGE UNDER 54 PA.C.S.
    27  CH. 7 (RELATING TO JUDICIAL CHANGE OF NAME.)
    28     SECTION 10.  SECTIONS 6302(B), 6335(B) AND 6337 OF TITLE 23
    29  ARE AMENDED TO READ:
    30  § 6302.  FINDINGS AND PURPOSE OF CHAPTER.                         <--
    19970H1992B4148                 - 17 -

     1     * * *
     2     (B)  PURPOSE.--IT IS THE PURPOSE OF THIS CHAPTER TO ENCOURAGE
     3  MORE COMPLETE REPORTING OF SUSPECTED CHILD ABUSE; TO THE EXTENT
     4  PERMITTED BY THIS CHAPTER, TO INVOLVE LAW ENFORCEMENT AGENCIES
     5  IN RESPONDING TO CHILD ABUSE; AND TO ESTABLISH IN EACH COUNTY
     6  PROTECTIVE SERVICES FOR THE PURPOSE OF INVESTIGATING THE REPORTS
     7  SWIFTLY AND COMPETENTLY, PROVIDING PROTECTION FOR CHILDREN FROM
     8  FURTHER ABUSE AND PROVIDING REHABILITATIVE SERVICES FOR CHILDREN
     9  AND PARENTS INVOLVED SO AS TO ENSURE THE CHILD'S WELL-BEING AND
    10  TO PRESERVE, STABILIZE AND PROTECT THE INTEGRITY OF FAMILY LIFE
    11  WHEREVER APPROPRIATE OR TO PROVIDE ANOTHER ALTERNATIVE PERMANENT
    12  FAMILY WHEN THE UNITY OF THE FAMILY CANNOT BE MAINTAINED. IT IS
    13  ALSO THE PURPOSE OF THIS CHAPTER TO ENSURE THAT EACH COUNTY
    14  CHILDREN AND YOUTH AGENCY ESTABLISH A PROGRAM OF PROTECTIVE
    15  SERVICES WITH PROCEDURES TO ASSESS RISK OF HARM TO A CHILD AND
    16  WITH THE CAPABILITIES TO RESPOND ADEQUATELY TO MEET THE NEEDS OF
    17  THE FAMILY AND CHILD WHO MAY BE AT RISK AND TO PRIORITIZE THE
    18  RESPONSE AND SERVICES TO CHILDREN MOST AT RISK.
    19     * * *
    20  § 6335.  INFORMATION IN PENDING COMPLAINT AND UNFOUNDED REPORT
    21             FILES.
    22     * * *
    23     (B)  ACCESS TO INFORMATION.--EXCEPT AS PROVIDED IN SECTIONS
    24  6332 (RELATING TO ESTABLISHMENT OF STATEWIDE TOLL-FREE TELEPHONE
    25  NUMBER), 6334 (RELATING TO DISPOSITION OF COMPLAINTS RECEIVED),
    26  6340 (RELATING TO RELEASE OF INFORMATION IN CONFIDENTIAL
    27  REPORTS) AND 6342 (RELATING TO STUDIES OF DATA IN RECORDS), NO
    28  PERSON, OTHER THAN AN EMPLOYEE OF THE DEPARTMENT IN THE COURSE
    29  OF OFFICIAL DUTIES IN CONNECTION WITH THE RESPONSIBILITIES OF
    30  THE DEPARTMENT UNDER THIS CHAPTER, SHALL AT ANY TIME HAVE ACCESS
    19970H1992B4148                 - 18 -

     1  TO ANY INFORMATION IN THE PENDING COMPLAINT FILE OR STATEWIDE
     2  CENTRAL REGISTER. INFORMATION IN THE FILE OF UNFOUNDED REPORTS
     3  SHALL BE AVAILABLE ONLY TO EMPLOYEES OF THE DEPARTMENT PURSUANT
     4  TO THIS SUBSECTION, TO SUBJECTS OF A REPORT OR LAW ENFORCEMENT
     5  OFFICIALS PURSUANT TO SECTION 6340 AND TO THE OFFICE OF ATTORNEY
     6  GENERAL PURSUANT TO SECTION 6345 (RELATING TO AUDITS BY ATTORNEY
     7  GENERAL) UNTIL THE REPORTS ARE EXPUNGED PURSUANT TO SECTION 6337
     8  (RELATING TO DISPOSITION OF UNFOUNDED REPORTS).
     9  § 6337.  DISPOSITION OF UNFOUNDED REPORTS.
    10     (A)  GENERAL RULE.--WHEN A REPORT OF SUSPECTED CHILD ABUSE IS
    11  DETERMINED BY THE APPROPRIATE COUNTY AGENCY TO BE AN UNFOUNDED
    12  REPORT, THE INFORMATION CONCERNING THAT REPORT OF SUSPECTED
    13  CHILD ABUSE SHALL BE MAINTAINED FOR A PERIOD OF ONE YEAR.
    14  FOLLOWING THE EXPIRATION OF ONE YEAR AFTER THE DATE THE REPORT
    15  WAS RECEIVED BY THE DEPARTMENT, THE REPORT SHALL BE EXPUNGED
    16  FROM THE PENDING COMPLAINT FILE, AS SOON AS POSSIBLE, BUT NO
    17  LATER THAN 120 DAYS AFTER THE ONE-YEAR PERIOD FOLLOWING THE DATE
    18  THE REPORT WAS RECEIVED BY THE DEPARTMENT, AND NO INFORMATION
    19  OTHER THAN THAT AUTHORIZED BY SUBSECTION (B), WHICH SHALL NOT
    20  INCLUDE ANY IDENTIFYING INFORMATION ON ANY SUBJECT OF THE
    21  REPORT, SHALL BE RETAINED BY THE DEPARTMENT.
    22     (B)  ABSENCE OF OTHER DETERMINATION.--IF AN INVESTIGATION OF
    23  A REPORT OF SUSPECTED CHILD ABUSE CONDUCTED BY THE APPROPRIATE
    24  COUNTY AGENCY PURSUANT TO THIS CHAPTER DOES NOT DETERMINE WITHIN
    25  60 DAYS OF THE DATE OF THE INITIAL REPORT OF THE INSTANCE OF
    26  SUSPECTED CHILD ABUSE THAT THE REPORT IS A FOUNDED REPORT, AN
    27  INDICATED REPORT OR AN UNFOUNDED REPORT, OR UNLESS WITHIN THAT
    28  SAME 60-DAY PERIOD COURT ACTION HAS BEEN INITIATED AND IS
    29  RESPONSIBLE FOR THE DELAY, THE REPORT SHALL BE CONSIDERED TO BE
    30  AN UNFOUNDED REPORT, AND ALL INFORMATION IDENTIFYING THE
    19970H1992B4148                 - 19 -

     1  SUBJECTS OF THE REPORT SHALL BE EXPUNGED NO LATER THAN 120 DAYS
     2  FOLLOWING THE EXPIRATION OF ONE YEAR AFTER THE DATE THE REPORT
     3  WAS RECEIVED BY THE DEPARTMENT. THE AGENCY SHALL ADVISE THE
     4  DEPARTMENT THAT COURT ACTION OR AN ARREST HAS BEEN INITIATED SO
     5  THAT THE PENDING COMPLAINT FILE IS KEPT CURRENT REGARDING THE
     6  STATUS OF ALL LEGAL PROCEEDINGS AND EXPUNCTION DELAYED.
     7     (C)  EXPUNCTION OF INFORMATION.--ALL INFORMATION IDENTIFYING
     8  THE SUBJECTS OF ANY REPORT OF SUSPECTED CHILD ABUSE AND OF ANY
     9  REPORT UNDER SUBCHAPTER C.1 (RELATING TO STUDENTS IN PUBLIC AND
    10  PRIVATE SCHOOLS) DETERMINED TO BE AN UNFOUNDED REPORT SHALL BE
    11  EXPUNGED FROM THE PENDING COMPLAINT FILE PURSUANT TO THIS
    12  SECTION. THE EXPUNCTION SHALL BE MANDATED AND GUARANTEED BY THE
    13  DEPARTMENT.
    14     SECTION 9 11.  SECTION 6340(A)(5), (9) AND (10) OF TITLE 23    <--
    15  ARE AMENDED AND THE SUBSECTION IS AMENDED BY ADDING A PARAGRAPH
    16  TO READ:
    17  § 6340.  Release of information in confidential reports.
    18     (a)  General rule.--Reports specified in section 6339
    19  (relating to confidentiality of reports), and testimony based on  <--
    20  the reports or on the investigation underlying them, shall only
    21  be made available to:
    22         * * *
    23         (5)  [A] Pursuant to a subpoena or similar court order, a  <--
    24     court of competent jurisdiction [pursuant to a court order.]
    25     in any case and a district justice, a judge of the
    26     Philadelphia Municipal Court or a judge of the Pittsburgh
    27     Magistrates Court, in a case involving alleged criminal
    28     conduct which meets the definition of child abuse under
    29     section 6303 (relating to definitions). Disclosure through
    30     testimony shall be subject to the restrictions of subsection
    19970H1992B4148                 - 20 -

     1     (c).
     2         * * *
     3     Section 4 2.  This act shall take effect in 60 days.           <--
     4         (5)  A COURT OF COMPETENT JURISDICTION [PURSUANT TO A      <--
     5     COURT ORDER.], INCLUDING A DISTRICT JUSTICE, A JUDGE OF THE
     6     PHILADELPHIA MUNICIPAL COURT AND A JUDGE OF THE PITTSBURGH
     7     MAGISTRATES COURT, PURSUANT TO COURT ORDER OR SUBPOENA IN A
     8     CRIMINAL MATTER INVOLVING A CHARGE OF CHILD ABUSE UNDER
     9     SECTION 6303(B) (RELATING TO DEFINITIONS). DISCLOSURE THROUGH
    10     TESTIMONY SHALL BE SUBJECT TO THE RESTRICTIONS OF SUBSECTION
    11     (C).
    12         * * *
    13         (9)  LAW ENFORCEMENT OFFICIALS OF ANY JURISDICTION, AS     <--
    14     LONG AS THE INFORMATION IS RELEVANT IN THE COURSE OF
    15     INVESTIGATING CASES OF:
    16             (I)  HOMICIDE OR OTHER CRIMINAL OFFENSE SET FORTH IN
    17         SECTION 6344(C) (RELATING TO INFORMATION RELATING TO
    18         PROSPECTIVE CHILD-CARE PERSONNEL), SEXUAL ABUSE, SEXUAL
    19         EXPLOITATION [OR], SERIOUS BODILY INJURY OR SERIOUS
    20         PHYSICAL INJURY PERPETRATED BY PERSONS WHETHER OR NOT
    21         RELATED TO THE VICTIM.
    22             (II)  CHILD ABUSE PERPETRATED BY PERSONS WHO ARE NOT
    23         FAMILY MEMBERS.
    24             (III)  REPEATED PHYSICAL INJURY TO A CHILD UNDER
    25         CIRCUMSTANCES WHICH INDICATE THAT THE CHILD'S HEALTH,
    26         SAFETY OR WELFARE IS HARMED OR THREATENED.
    27             (IV)  A MISSING CHILD REPORT.
    28         (10)  [LAW ENFORCEMENT OFFICIALS WHO] THE DISTRICT
    29     ATTORNEY OR HIS DESIGNEE OR OTHER LAW ENFORCEMENT OFFICIAL,
    30     AS SET FORTH IN THE COUNTY PROTOCOLS FOR INVESTIGATIVE TEAMS
    19970H1992B4148                 - 21 -

     1     REQUIRED IN SECTION 6365(C) (RELATING TO SERVICES FOR
     2     PREVENTION, INVESTIGATION AND TREATMENT OF CHILD ABUSE),
     3     SHALL RECEIVE, IMMEDIATELY AFTER THE COUNTY AGENCY HAS
     4     ENSURED THE SAFETY OF THE CHILD, REPORTS OF ABUSE, EITHER
     5     ORALLY OR IN WRITING, ACCORDING TO REGULATIONS PROMULGATED BY
     6     THE DEPARTMENT, FROM THE COUNTY AGENCY IN WHICH THE INITIAL
     7     REPORT OF SUSPECTED CHILD ABUSE OR INITIAL INQUIRY INTO THE
     8     REPORT GIVES EVIDENCE THAT THE ABUSE IS:
     9             (I)  [HOMICIDE] A CRIMINAL OFFENSE SET FORTH IN
    10         SECTION 6344(C), NOT INCLUDING AN OFFENSE UNDER SECTION
    11         4304 (RELATING TO ENDANGERING WELFARE OF CHILDREN) OR AN
    12         EQUIVALENT CRIME UNDER FEDERAL LAW OR THE LAW OF ANOTHER
    13         STATE, SEXUAL ABUSE, SEXUAL EXPLOITATION OR SERIOUS
    14         BODILY INJURY PERPETRATED BY PERSONS, WHETHER OR NOT
    15         RELATED TO THE VICTIM; [OR]
    16             (II)  CHILD ABUSE PERPETRATED BY PERSONS WHO ARE NOT
    17         FAMILY MEMBERS[.]; OR
    18             (III)  SERIOUS PHYSICAL INJURY INVOLVING EXTENSIVE
    19         AND SEVERE BRUISING, BURNS, BROKEN BONES, LACERATIONS,
    20         INTERNAL BLEEDING, SHAKEN BABY SYNDROME OR CHOKING, OR AN
    21         INJURY THAT SIGNIFICANTLY IMPAIRS A CHILD'S PHYSICAL
    22         FUNCTIONING, EITHER TEMPORARILY OR PERMANENTLY.
    23         * * *
    24         (15)  APPROPRIATE OFFICIALS OF ANOTHER COUNTY OR STATE
    25     REGARDING AN INVESTIGATION RELATED TO CHILD ABUSE OR
    26     PROTECTIVE SERVICES WHEN A FAMILY HAS MOVED TO THAT COUNTY OR
    27     STATE. REPORTS UNDER THIS PARAGRAPH SHALL INCLUDE GENERAL
    28     PROTECTIVE SERVICE REPORTS AND RELATED INFORMATION. REPORTS
    29     AND INFORMATION UNDER THIS PARAGRAPH SHALL BE PROVIDED WITHIN
    30     SEVEN CALENDAR DAYS. THE DEPARTMENT SHALL PROMULGATE
    19970H1992B4148                 - 22 -

     1     REGULATIONS AS NECESSARY TO CARRY OUT THE PURPOSES OF THIS
     2     PARAGRAPH.
     3     * * *
     4     SECTION 10 12.  SECTIONS 6341(B), (C) AND (F), 6344(B), (C)    <--
     5  AND (H), 6346(C) AND 6365 OF TITLE 23 ARE AMENDED TO READ:
     6  § 6341.  AMENDMENT OR EXPUNCTION OF INFORMATION.
     7     * * *
     8     (B)  REVIEW OF GRANT OF REQUEST.--IF THE SECRETARY GRANTS THE
     9  REQUEST UNDER SUBSECTION (A)(2), THE STATEWIDE CENTRAL REGISTER,
    10  APPROPRIATE COUNTY AGENCY, APPROPRIATE LAW ENFORCEMENT OFFICIALS
    11  AND ALL SUBJECTS SHALL BE SO ADVISED OF THE DECISION. THE COUNTY
    12  AGENCY AND ANY SUBJECT HAVE 45 DAYS IN WHICH TO FILE AN
    13  ADMINISTRATIVE APPEAL WITH THE SECRETARY. IF AN ADMINISTRATIVE
    14  APPEAL IS RECEIVED, THE SECRETARY OR HIS DESIGNATED AGENT SHALL
    15  SCHEDULE A HEARING PURSUANT TO ARTICLE IV OF THE ACT OF JUNE 13,
    16  1967 (P.L.31, NO.21), KNOWN AS THE PUBLIC WELFARE CODE, AND
    17  ATTENDING DEPARTMENTAL REGULATIONS. IF NO ADMINISTRATIVE APPEAL
    18  IS RECEIVED WITHIN THE DESIGNATED TIME PERIOD, THE STATEWIDE
    19  CENTRAL REGISTER SHALL COMPLY WITH THE DECISION OF THE SECRETARY
    20  AND ADVISE THE COUNTY AGENCY TO AMEND OR EXPUNGE THE INFORMATION
    21  IN THEIR RECORDS SO THAT THE RECORDS ARE CONSISTENT AT BOTH THE
    22  STATE AND LOCAL LEVELS.
    23     (C)  REVIEW OF REFUSAL OF REQUEST.--IF THE SECRETARY REFUSES
    24  THE REQUEST UNDER SUBSECTION (A)(2) OR DOES NOT ACT WITHIN A
    25  REASONABLE TIME, BUT IN NO EVENT LATER THAN 30 DAYS AFTER
    26  RECEIPT OF THE REQUEST, THE PERPETRATOR OR SCHOOL EMPLOYEE SHALL
    27  HAVE THE RIGHT TO A HEARING BEFORE THE SECRETARY OR A DESIGNATED
    28  AGENT OF THE SECRETARY TO DETERMINE WHETHER THE SUMMARY OF THE
    29  INDICATED REPORT IN THE STATEWIDE CENTRAL REGISTER SHOULD BE
    30  AMENDED OR EXPUNGED ON THE GROUNDS THAT IT IS INACCURATE OR THAT
    19970H1992B4148                 - 23 -

     1  IT IS BEING MAINTAINED IN A MANNER INCONSISTENT WITH THIS
     2  CHAPTER. THE PERPETRATOR OR SCHOOL EMPLOYEE SHALL HAVE 45 DAYS
     3  FROM THE DATE OF THE LETTER GIVING NOTICE OF THE DECISION TO
     4  DENY THE REQUEST IN WHICH TO REQUEST A HEARING. THE APPROPRIATE
     5  COUNTY AGENCY AND APPROPRIATE LAW ENFORCEMENT OFFICIALS SHALL BE
     6  GIVEN NOTICE OF THE HEARING. THE BURDEN OF PROOF IN THE HEARING
     7  SHALL BE ON THE APPROPRIATE COUNTY AGENCY. THE DEPARTMENT SHALL
     8  ASSIST THE COUNTY AGENCY AS NECESSARY.
     9     * * *
    10     (F)  NOTICE OF EXPUNCTION.--WRITTEN NOTICE OF AN EXPUNCTION
    11  OF ANY CHILD ABUSE RECORD MADE PURSUANT TO THE PROVISIONS OF
    12  THIS CHAPTER SHALL BE SERVED UPON THE SUBJECT OF THE RECORD WHO
    13  WAS RESPONSIBLE FOR THE ABUSE OR INJURY AND THE APPROPRIATE
    14  COUNTY AGENCY. EXCEPT AS PROVIDED IN THIS SUBSECTION, THE COUNTY
    15  AGENCY, UPON RECEIPT OF THE NOTICE, SHALL TAKE APPROPRIATE,
    16  SIMILAR ACTION IN REGARD TO THE LOCAL CHILD ABUSE AND SCHOOL
    17  EMPLOYEE RECORDS AND INFORM, FOR THE SAME PURPOSE, THE
    18  APPROPRIATE CORONER IF THAT OFFICER HAS RECEIVED REPORTS
    19  PURSUANT TO SECTION 6367 (RELATING TO REPORTS TO DEPARTMENT AND
    20  CORONER). WHENEVER THE COUNTY AGENCY INVESTIGATION REVEALS,
    21  WITHIN 60 DAYS OF RECEIPT OF THE REPORT OF SUSPECTED CHILD
    22  ABUSE, THAT THE REPORT IS UNFOUNDED BUT THAT THE SUBJECTS NEED
    23  SERVICES PROVIDED OR ARRANGED BY THE COUNTY AGENCY, THE COUNTY
    24  AGENCY [MAY] SHALL RETAIN THOSE RECORDS AND SHALL SPECIFICALLY
    25  IDENTIFY THAT THE REPORT WAS AN UNFOUNDED REPORT OF SUSPECTED
    26  CHILD ABUSE. AN UNFOUNDED REPORT REGARDING SUBJECTS WHO RECEIVE
    27  SERVICES SHALL BE EXPUNGED NO LATER THAN 120 DAYS FOLLOWING THE
    28  EXPIRATION OF ONE YEAR AFTER THE TERMINATION OR COMPLETION OF
    29  SERVICES PROVIDED OR ARRANGED BY THE COUNTY AGENCY.
    30  § 6344.  INFORMATION RELATING TO PROSPECTIVE CHILD-CARE
    19970H1992B4148                 - 24 -

     1             PERSONNEL.
     2     * * *
     3     (B)  INFORMATION SUBMITTED BY PROSPECTIVE EMPLOYEES.--
     4  ADMINISTRATORS OF CHILD-CARE SERVICES SHALL REQUIRE APPLICANTS
     5  TO SUBMIT WITH THEIR APPLICATIONS THE FOLLOWING INFORMATION
     6  OBTAINED WITHIN THE PRECEDING ONE-YEAR PERIOD:
     7         (1)  PURSUANT TO 18 PA.C.S. CH. 91 (RELATING TO CRIMINAL
     8     HISTORY RECORD INFORMATION), A REPORT OF CRIMINAL HISTORY
     9     RECORD INFORMATION FROM THE PENNSYLVANIA STATE POLICE OR A
    10     STATEMENT FROM THE PENNSYLVANIA STATE POLICE THAT THE STATE
    11     POLICE CENTRAL REPOSITORY CONTAINS NO SUCH INFORMATION
    12     RELATING TO THAT PERSON. THE CRIMINAL HISTORY RECORD
    13     INFORMATION SHALL BE LIMITED TO THAT WHICH IS DISSEMINATED
    14     PURSUANT TO 18 PA.C.S. § 9121(B)(2) (RELATING TO GENERAL
    15     REGULATIONS).
    16         (2)  A CERTIFICATION FROM THE DEPARTMENT AS TO WHETHER
    17     THE APPLICANT IS NAMED IN THE CENTRAL REGISTER AS THE
    18     PERPETRATOR OF A FOUNDED REPORT OF CHILD ABUSE, INDICATED
    19     REPORT OF CHILD ABUSE, FOUNDED REPORT FOR SCHOOL EMPLOYEE OR
    20     INDICATED REPORT FOR SCHOOL EMPLOYEE.
    21         (3)  WHERE THE APPLICANT IS NOT A RESIDENT OF THIS
    22     COMMONWEALTH, ADMINISTRATORS SHALL REQUIRE THE APPLICANT TO
    23     SUBMIT WITH THE APPLICATION FOR EMPLOYMENT A REPORT OF
    24     FEDERAL CRIMINAL HISTORY RECORD INFORMATION. THE APPLICANT
    25     SHALL SUBMIT A FULL SET OF FINGERPRINTS TO THE DEPARTMENT.
    26     THE DEPARTMENT SHALL SUBMIT THE FINGERPRINTS TO THE FEDERAL
    27     BUREAU OF INVESTIGATION IN ORDER TO OBTAIN A REPORT OF
    28     FEDERAL CRIMINAL HISTORY RECORD INFORMATION [PURSUANT TO THE
    29     FEDERAL BUREAU OF INVESTIGATION APPROPRIATION OF THE
    30     DEPARTMENT OF JUSTICE APPROPRIATION ACT OF 1973 (PUBLIC LAW
    19970H1992B4148                 - 25 -

     1     92-544, 86 STAT. 1116), AND THE DEPARTMENT SHALL BE THE] AND
     2     SERVE AS INTERMEDIARY FOR THE PURPOSES OF THIS SECTION.
     3  FOR THE PURPOSES OF THIS SUBSECTION, AN APPLICANT MAY SUBMIT A
     4  COPY OF THE REQUIRED INFORMATION WITH AN APPLICATION FOR
     5  EMPLOYMENT. ADMINISTRATORS SHALL MAINTAIN A COPY OF THE REQUIRED
     6  INFORMATION AND SHALL REQUIRE APPLICANTS TO PRODUCE THE ORIGINAL
     7  DOCUMENT PRIOR TO EMPLOYMENT.
     8     (C)  GROUNDS FOR DENYING EMPLOYMENT.--
     9         (1)  IN NO CASE SHALL AN ADMINISTRATOR HIRE AN APPLICANT
    10     WHERE THE DEPARTMENT HAS VERIFIED THAT THE APPLICANT IS NAMED
    11     IN THE CENTRAL REGISTER AS THE PERPETRATOR OF A FOUNDED
    12     REPORT OF CHILD ABUSE COMMITTED WITHIN THE FIVE-YEAR PERIOD
    13     IMMEDIATELY PRECEDING VERIFICATION PURSUANT TO THIS SECTION.
    14         (2)  IN NO CASE SHALL AN ADMINISTRATOR HIRE AN APPLICANT
    15     IF THE APPLICANT'S CRIMINAL HISTORY RECORD INFORMATION
    16     INDICATES THE APPLICANT HAS BEEN CONVICTED OF ONE OR MORE OF
    17     THE FOLLOWING OFFENSES UNDER TITLE 18 (RELATING TO CRIMES AND
    18     OFFENSES) OR AN EQUIVALENT CRIME UNDER FEDERAL LAW OR THE LAW
    19     OF ANOTHER STATE:
    20         CHAPTER 25 (RELATING TO CRIMINAL HOMICIDE).
    21         SECTION 2702 (RELATING TO AGGRAVATED ASSAULT).
    22         SECTION 2709 (RELATING TO HARASSMENT AND STALKING).
    23         SECTION 2901 (RELATING TO KIDNAPPING).
    24         SECTION 2902 (RELATING TO UNLAWFUL RESTRAINT).
    25         SECTION 3121 (RELATING TO RAPE).
    26         SECTION 3122.1 (RELATING TO STATUTORY SEXUAL ASSAULT).
    27         SECTION 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL
    28     INTERCOURSE).
    29         SECTION 3124.1 (RELATING TO SEXUAL ASSAULT).
    30         SECTION 3125 (RELATING TO AGGRAVATED INDECENT ASSAULT).
    19970H1992B4148                 - 26 -

     1         SECTION 3126 (RELATING TO INDECENT ASSAULT).
     2         SECTION 3127 (RELATING TO INDECENT EXPOSURE).
     3         SECTION 4302 (RELATING TO INCEST).
     4         SECTION 4303 (RELATING TO CONCEALING DEATH OF CHILD).
     5         SECTION 4304 (RELATING TO ENDANGERING WELFARE OF
     6     CHILDREN).
     7         SECTION 4305 (RELATING TO DEALING IN INFANT CHILDREN).
     8         A FELONY OFFENSE UNDER SECTION 5902(B) (RELATING TO
     9     PROSTITUTION AND RELATED OFFENSES).
    10         SECTION 5903(C) OR (D) (RELATING TO OBSCENE AND OTHER
    11     SEXUAL MATERIALS AND PERFORMANCES).
    12         SECTION 6301 (RELATING TO CORRUPTION OF MINORS).
    13         SECTION 6312 (RELATING TO SEXUAL ABUSE OF CHILDREN).
    14         THE ATTEMPT, SOLICITATION OR CONSPIRACY TO COMMIT ANY OF
    15     THE OFFENSES SET FORTH IN THIS PARAGRAPH.
    16         (3)  IN NO CASE SHALL AN ADMINISTRATOR HIRE AN APPLICANT
    17     IF THE APPLICANT'S CRIMINAL HISTORY RECORD INFORMATION
    18     INDICATES THE APPLICANT HAS BEEN CONVICTED OF A FELONY
    19     OFFENSE UNDER THE ACT OF APRIL 14, 1972 (P.L.233, NO.64),
    20     KNOWN AS THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC
    21     ACT, COMMITTED WITHIN THE FIVE-YEAR PERIOD IMMEDIATELY
    22     PRECEDING VERIFICATION UNDER THIS SECTION.
    23     * * *
    24     (H)  FEES.--THE DEPARTMENT MAY CHARGE A FEE NOT TO EXCEED $10
    25  IN ORDER TO CONDUCT THE CERTIFICATION AS REQUIRED IN SUBSECTION
    26  (B)(2)[.], EXCEPT THAT NO FEE SHALL BE CHARGED TO AN INDIVIDUAL
    27  WHO MAKES THE REQUEST IN ORDER TO APPLY TO BECOME A VOLUNTEER
    28  WITH AN AFFILIATE OF BIG BROTHERS OF AMERICA OR BIG SISTERS OF
    29  AMERICA.
    30     * * *
    19970H1992B4148                 - 27 -

     1  § 6346.  COOPERATION OF OTHER AGENCIES.
     2     * * *
     3     (C)  COOPERATION OF COUNTY AGENCY AND LAW ENFORCEMENT
     4  AGENCIES.--CONSISTENT WITH THE PROVISIONS OF THIS CHAPTER, THE
     5  COUNTY AGENCY AND LAW ENFORCEMENT AGENCIES SHALL COOPERATE AND
     6  COORDINATE, TO THE FULLEST EXTENT POSSIBLE, THEIR EFFORTS TO
     7  RESPOND TO AND INVESTIGATE REPORTS OF SUSPECTED CHILD ABUSE AND
     8  TO REPORTS UNDER SUBCHAPTER C.1.
     9     * * *
    10  § 6365.  SERVICES FOR PREVENTION, INVESTIGATION AND TREATMENT OF
    11                 CHILD ABUSE.
    12     (A)  INSTRUCTION AND EDUCATION.--EACH COUNTY AGENCY SHALL
    13  MAKE AVAILABLE AMONG ITS SERVICES FOR THE PREVENTION AND
    14  TREATMENT OF CHILD ABUSE [MULTIDISCIPLINARY TEAMS,] INSTRUCTION
    15  AND EDUCATION FOR PARENTHOOD AND PARENTING SKILLS, PROTECTIVE
    16  AND PREVENTIVE SOCIAL COUNSELING, EMERGENCY CARETAKER SERVICES,
    17  EMERGENCY SHELTER CARE, EMERGENCY MEDICAL SERVICES AND THE
    18  ESTABLISHMENT OF SELF-HELP GROUPS ORGANIZED FOR THE PREVENTION
    19  AND TREATMENT OF CHILD ABUSE, PART-DAY SERVICES, OUT-OF-HOME
    20  PLACEMENT SERVICES, THERAPEUTIC ACTIVITIES FOR CHILD AND FAMILY
    21  DIRECTED AT ALLEVIATING CONDITIONS THAT PRESENT A RISK TO THE
    22  SAFETY AND WELL-BEING OF A CHILD AND ANY OTHER SERVICES REQUIRED
    23  BY DEPARTMENT REGULATIONS.
    24     (B)  MULTIDISCIPLINARY TEAM.--THE COUNTY AGENCY SHALL MAKE
    25  AVAILABLE AMONG ITS SERVICES A MULTIDISCIPLINARY TEAM FOR THE
    26  PREVENTION, INVESTIGATION AND TREATMENT OF CHILD ABUSE AND SHALL
    27  CONVENE THE MULTIDISCIPLINARY TEAM AT ANY TIME, BUT NOT LESS
    28  THAN ANNUALLY:
    29         (1)  TO REVIEW SUBSTANTIATED CASES OF CHILD ABUSE,
    30     INCLUDING RESPONSES BY THE COUNTY AGENCY AND OTHER AGENCIES
    19970H1992B4148                 - 28 -

     1     PROVIDING SERVICES TO THE CHILD.
     2         (2)  WHERE APPROPRIATE TO ASSIST IN THE DEVELOPMENT OF A
     3     FAMILY SERVICE PLAN FOR THE CHILD.
     4     (C)  INVESTIGATIVE TEAM.--THE COUNTY AGENCY AND THE DISTRICT
     5  ATTORNEY SHALL DEVELOP A PROTOCOL FOR THE CONVENING OF
     6  INVESTIGATIVE TEAMS FOR ANY CASE OF CHILD ABUSE INVOLVING CRIMES
     7  AGAINST CHILDREN, WHICH ARE SET FORTH IN SECTION 6340(A)(9) AND
     8  (10) (RELATING TO RELEASE OF INFORMATION IN CONFIDENTIAL
     9  REPORTS). THE COUNTY PROTOCOL SHALL INCLUDE STANDARDS AND
    10  PROCEDURES TO BE USED IN RECEIVING AND REFERRING REPORTS AND
    11  COORDINATING INVESTIGATIONS OF REPORTED CASES OF CHILD ABUSE AND
    12  A SYSTEM FOR SHARING THE INFORMATION OBTAINED AS A RESULT OF ANY
    13  INTERVIEW. THE PROTOCOL SHALL INCLUDE ANY OTHER STANDARDS AND
    14  PROCEDURES TO AVOID DUPLICATION OF FACT-FINDING EFFORTS AND
    15  INTERVIEWS TO MINIMIZE THE TRAUMA TO THE CHILD. THE DISTRICT
    16  ATTORNEY SHALL CONVENE AN INVESTIGATIVE TEAM IN ACCORDANCE WITH
    17  THE PROTOCOL. THE INVESTIGATIVE TEAM SHALL CONSIST OF THOSE
    18  INDIVIDUALS AND AGENCIES RESPONSIBLE FOR INVESTIGATING THE ABUSE
    19  OR FOR PROVIDING SERVICES TO THE CHILD AND SHALL AT A MINIMUM
    20  INCLUDE A HEALTH CARE PROVIDER, COUNTY CASEWORKER AND LAW
    21  ENFORCEMENT OFFICIAL.
    22     SECTION 9 11.  THE PROVISIONS OF 23 PA.C.S. PT. II ARE         <--
    23     SECTION 13.  THE PROVISIONS OF 23 PA.C.S. PT. II AND 54        <--
    24  PA.C.S. § 702(B) ARE REPEALED INSOFAR AS THEY ARE INCONSISTENT
    25  WITH THIS ACT.
    26     SECTION 10 12 14.  THE AMENDMENT OF 23 PA.C.S. § 4374 SHALL    <--
    27  APPLY TO ALL CHILD SUPPORT ARREARS COLLECTED ON OR AFTER OCTOBER
    28  1, 1998.
    29     SECTION 11 13 15.  NOTHING IN THIS ACT SHALL IMPAIR THE        <--
    30  PRIORITY OR VALIDITY OF ANY LIEN RECORDED PRIOR TO THE EFFECTIVE
    19970H1992B4148                 - 29 -

     1  DATE OF THIS ACT.
     2     SECTION 12.  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.           <--
     3     SECTION 14 16.  THIS ACT SHALL TAKE EFFECT AS FOLLOWS:         <--
     4         (1)  THE AMENDMENT OF 23 PA.C.S. §§ 6302(B), 6335(B),
     5     6337, 6340(A)(9) AND (10), 6341(B), (C) AND (F), 6346(C) AND
     6     6365 SHALL TAKE EFFECT MARCH 1, 1999.
     7         (2)  THE AMENDMENT OF 23 PA.C.S. § 6344 SHALL TAKE EFFECT
     8     JANUARY 1, 1999.
     9         (3)  THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
    10     IMMEDIATELY.














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