PRINTER'S NO. 3661
No. 2665 Session of 1998
INTRODUCED BY TRUE, SANTONI, MILLER, EGOLF, GRUPPO, VANCE,
ARGALL, STERN, CAWLEY, PHILLIPS, BELARDI, RAMOS, KREBS,
BOSCOLA, DALEY, E. Z. TAYLOR, PESCI, SCHULER, RUBLEY, MAJOR,
C. WILLIAMS, SHANER, STABACK, NAILOR, READSHAW, PETRARCA,
BEBKO-JONES, TRELLO, FICHTER, BATTISTO, PLATTS, WALKO,
ROBINSON, TANGRETTI, MELIO, LAUGHLIN, YEWCIC, ZIMMERMAN,
HARHAI, ARMSTRONG, HENNESSEY, L. I. COHEN, SCHRODER, BROWNE,
SEMMEL, LEH, YOUNGBLOOD AND BARD, JUNE 3, 1998
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 3, 1998
AN ACT
1 Creating the Bureau of Child Advocacy in the Office of Attorney
2 General; providing for definitions, for powers, duties and
3 authority of the Attorney General and the Director of the
4 Bureau of Child Advocacy and for appointment of personnel.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Establishment.
8 The Bureau of Child Advocacy is hereby established in the
9 Office of Attorney General. The Bureau of Child Advocacy shall
10 be administered by a director appointed by the Attorney General.
11 Section 2. Declaration of policy.
12 The purpose of this act is to ensure the safety of children
13 involved in the child protective services system and to provide
14 reporters with some assurance that the activities of county
15 agencies are being scrutinized by an independent third party.
16 When alleged failures by county agencies to investigate child
1 abuse and neglect reports or alleged failures by county agencies
2 to provide appropriate services are brought to light by
3 concerned citizens, the Bureau of Child Advocacy shall closely
4 examine those alleged failures, provide advice to county
5 agencies and keep reporters apprised of county agency
6 compliance.
7 Section 3. Definitions.
8 The following words and phrases when used in this act shall
9 have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 "Bureau." The Bureau of Child Advocacy in the Office of
12 Attorney General.
13 "Child Protective Services Law." 23 Pa.C.S. Ch. 63 (relating
14 to child protective services).
15 "County agency." The county children and youth social
16 service agency established pursuant to section 405 of the act of
17 June 24, 1937 (P.L.2017, No.396), known as the County
18 Institution District Law, or its successor, and supervised by
19 the Department of Public Welfare under Article IX of the act of
20 June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.
21 "Department." The Department of Public Welfare of the
22 Commonwealth.
23 "Designated county officials."
24 (1) The board of commissioners in counties other than
25 counties of the first class.
26 (2) Mayor in a city of the first class under the act of
27 April 21, 1949 (P.L.665, No.155), known as the First Class
28 City Home Rule Act.
29 (3) An individual serving as a chief executive as
30 designated by a county home rule charter or optional plan
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1 form of government pursuant to 53 Pa.C.S. Pt. III Subpt. E
2 (relating to home rule and optional plan government).
3 "Director." The Director of the Bureau of Child Advocacy
4 appointed by the Attorney General.
5 "Parents." Natural or adoptive parents, guardians or other
6 custodians.
7 "Reporter." Any individual who:
8 (1) makes a report to the Bureau of Child Advocacy
9 alleging failures by a county agency as enumerated in section
10 4(1); and
11 (2) originally made a report of suspected child abuse or
12 neglect to either any county agency or the Statewide toll-
13 free telephone number established to accept reports of abuse
14 or neglect pursuant to 23 Pa.C.S. Ch. 63 (relating to child
15 protective services).
16 Section 4. Powers and duties of bureau.
17 The bureau shall have the power and its duties shall be:
18 (1) To investigate county agency compliance with the
19 Child Protective Services Law and accompanying regulations
20 upon receipt of reports which either:
21 (i) allege failures by county agencies to
22 investigate child abuse and neglect reports within a two-
23 year period preceding the receipt of the report by the
24 bureau; or
25 (ii) allege failures by county agencies to provide
26 appropriate services within a two-year period preceding
27 the receipt of the report by the bureau, including, but
28 not limited to, the acceptance or nonacceptance of cases
29 and the closure of cases.
30 (2) To furnish written legal advice concerning any
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1 matter or issue arising in connection with a county agency's
2 alleged failures under paragraph (1) to the county agency,
3 the department and designated county officials:
4 (i) The written legal advice, if given, shall be
5 followed.
6 (ii) If the county agency, the department or the
7 designated county officials disagree with the written
8 legal advice rendered by the bureau, the county agency,
9 the department or the designated county officials may
10 seek a declaratory judgment in the Commonwealth Court.
11 The written legal advice of the bureau shall be binding
12 until the Commonwealth Court issues a final order on the
13 petition requesting the declaratory judgment.
14 (iii) If the bureau deems the written legal advice
15 to be of substantial importance to county agencies and
16 designated county officials throughout this Commonwealth,
17 the bureau may supply such written legal advice to those
18 county agencies and designated county officials.
19 (3) To advise the executive and legislative branches on
20 matters affecting child protective services, assist in
21 developing executive policies and develop, draft and propose
22 legislative programs to protect children.
23 (4) To notify any reporter of:
24 (i) the bureau's determination that the county
25 agency is in compliance with the Child Protective
26 Services Law and accompanying regulations;
27 (ii) the bureau's determination that the county
28 agency was not in compliance with the Child Protective
29 Services Law and accompanying regulations and that
30 written legal advice was provided to the county agency to
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1 bring it into compliance; or
2 (iii) the bureau's determination that the county
3 agency was not in compliance with the Child Protective
4 Services Law and accompanying regulations and that
5 written legal advice was provided to the county agency
6 and that the county agency, the designated county
7 officials or the department disagrees with the legal
8 advice and may seek a declaratory judgment in the
9 Commonwealth Court.
10 (5) To do such other acts as may be incidental to the
11 exercise of its powers and functions.
12 Section 5. Authority of Attorney General.
13 (a) Documents, records, subpoenas.--The Attorney General is
14 authorized to require the attendance and testimony of witnesses
15 and the production of any books, accounts, papers, records,
16 documents and files relating to any child protective services,
17 including, but not limited to, county agency investigations of
18 reports of suspected abuse or neglect and any services provided
19 by a county agency, which the bureau has authority to
20 investigate and conduct private hearings. The Attorney General
21 or his representative may sign subpoenas, administer oaths or
22 affirmations, examine witnesses and receive evidence during any
23 such investigation or private hearing. In case of disobedience
24 of any subpoena or the contumacy of any witness appearing before
25 the Attorney General or his representative, the Attorney General
26 or his representative may invoke the aid of the Commonwealth
27 Court or any court of record of this Commonwealth; and such
28 court may issue an order requiring the person subpoenaed to obey
29 the subpoena or to give evidence or to produce books, accounts,
30 papers, records, documents and files relative to the matter in
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1 question. Any failure to obey an order of the court may be
2 punished by the court as contempt.
3 (b) Information access.--The Attorney General and employees
4 of the bureau shall, notwithstanding any other law to the
5 contrary, have access to all information compiled pursuant to
6 the Child Protective Services Law and maintained by the
7 department or any county agency, including, but not limited to:
8 (1) information in a pending complaint file, an
9 unfounded report file and the Statewide central register; and
10 (2) reports, photographs, x-rays or other materials
11 specified in 23 Pa.C.S. § 6339 (relating to confidentiality
12 of reports).
13 Section 6. Appointment of personnel.
14 The Attorney General shall appoint such investigators,
15 attorneys, clerical and stenographic employees and such other
16 professional and skilled personnel as may be required for the
17 proper conduct of the work of the bureau. All personnel actively
18 involved in matters authorized by section 4(1) and (2),
19 including, but not limited to, investigators and attorneys, must
20 complete the program of training and certification for
21 protective services workers established by the department under
22 the Child Protective Services Law.
23 Section 7. Other legal and equitable remedies.
24 Nothing in this act shall eliminate or abrogate any other
25 legal or equitable remedy which may be available to any
26 individual under the laws of this Commonwealth.
27 Section 8. Regulations.
28 The Attorney General shall promulgate rules and regulations
29 for the administration of this act.
30 Section 9. Effective date.
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1 This act shall take effect in 60 days.
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