PRINTER'S NO. 244
No. 215 Session of 2003
INTRODUCED BY DeLUCA, BEBKO-JONES, BELARDI, BISHOP, BROWNE,
CAWLEY, CORRIGAN, COY, CREIGHTON, CRUZ, DeWEESE, FRANKEL,
GEIST, GRUITZA, HARHAI, HORSEY, KIRKLAND, KOTIK, LEDERER,
MELIO, PETRARCA, PRESTON, READSHAW, SOLOBAY, STABACK, STURLA,
TANGRETTI, E. Z. TAYLOR, THOMAS, TIGUE, WALKO AND WASHINGTON,
FEBRUARY 11, 2003
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, FEBRUARY 11, 2003
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for information on
3 prospective child-care personnel.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6344(a) and (c)(1) of Title 23 of the
7 Pennsylvania Consolidated Statutes are amended and the section
8 is amended by adding subsections to read:
9 § 6344. Information relating to prospective child-care
10 personnel.
11 (a) Applicability.--This section applies to all prospective
12 employees of child-care services, prospective foster parents,
13 prospective adoptive parents, prospective self-employed family
14 day-care providers and other persons seeking to provide child-
15 care services under contract with a child-care facility or
16 program. This section also applies to individuals 14 years of
1 age or older who reside in the home of a prospective foster
2 parent for at least 30 days in a calendar year or who reside in
3 the home of a prospective adoptive parent for at least 30 days
4 in a calendar year. This section does not apply to
5 administrative or other support personnel unless their duties
6 will involve direct contact with children.
7 * * *
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 or is named in the central register as the perpetrator of a
15 founded report for a school employee committed within the
16 five-year period immediately preceding verification pursuant
17 to this section.
18 * * *
19 (n) Use of information.--A foster family care agency may not
20 approve a prospective foster parent if the prospective foster
21 parent or an individual 14 years of age or older who resides for
22 at least 30 days in a calendar year with the prospective foster
23 parent meets any of the following:
24 (1) Is named in the central register as the perpetrator
25 of a founded report of child abuse committed within the five-
26 year period immediately preceding verification pursuant to
27 this section or is named in the central register as the
28 perpetrator of a founded report for a school employee
29 committed within the five-year period immediately preceding
30 verification pursuant to this section.
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1 (2) Has been found guilty of an offense listed in
2 subsection (c)(2).
3 (o) Use of information.--A prospective adoptive parent may
4 not be approved if the prospective adoptive parent or an
5 individual 14 years of age or older who resides for at least 30
6 days in a calendar year with the prospective adoptive parent
7 meets either of the following:
8 (1) Is named in the central register as the perpetrator
9 of a founded report of child abuse committed within the five-
10 year period immediately preceding verification pursuant to
11 this section or is named in the central register as the
12 perpetrator of a founded report for school employee committed
13 within the five-year period immediately preceding
14 verification pursuant to this section.
15 (2) Has been found guilty of an offense listed in
16 subsection (c)(2).
17 Section 2. This act shall take effect in 60 days.
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