PRIOR PRINTER'S NO. 355 PRINTER'S NO. 1568
No. 309 Session of 2003
INTRODUCED BY TRUE, PERZEL, THOMAS, DeWEESE, ADOLPH, ALLEN,
BAKER, BALDWIN, BEBKO-JONES, BROWNE, BUNT, CAWLEY, CLYMER,
COY, CREIGHTON, CURRY, FRANKEL, GEIST, GEORGE, GINGRICH,
GOODMAN, HARHAI, HARHART, HENNESSEY, HICKERNELL, KELLER,
KIRKLAND, LAUGHLIN, LEACH, LEDERER, LEH, MELIO, R. MILLER,
MUNDY, NAILOR, O'NEILL, ROHRER, RUBLEY, SCAVELLO, SHANER,
STURLA, SURRA, E. Z. TAYLOR, J. TAYLOR, TIGUE, WATSON, WEBER,
WILT, YOUNGBLOOD, DeLUCA, JAMES, S. MILLER, HARPER, PISTELLA,
ROSS, CRAHALLA, CIVERA, HORSEY, WASHINGTON AND TANGRETTI,
FEBRUARY 18, 2003
AS REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 30, 2003
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for investigating
3 performance of county agency, for annual reports to Governor
4 and General Assembly and for reports to department and
5 coroner.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sections 6343, 6347 and 6367 of Title 23 of the
9 Pennsylvania Consolidated Statutes are amended by adding
10 subsections to read:
11 § 6343. Investigating performance of county agency.
12 * * *
13 (c) Department reviews and reports.--
14 (1) The department shall conduct child death reviews and
15 provide written reports on any child death where child abuse
1 is suspected and where a county agency has investigated child
2 abuse or neglect reports related to the child or to other
3 children of either of the child's parents or has provided
4 protective or general protective services involving the child
5 or other children of either of the child's parents. Agency
6 performance, including, but not limited to, the investigation
7 of prior child abuse or neglect reports, assessment of risk,
8 acceptance of the family for services, provision of services,
9 case closure and compliance with this chapter and related
10 regulations, must be analyzed in each review and report. An
11 explanation regarding the nature and extent of the review
12 shall be provided in each report.
13 (2) On and after January 1, 2003 THE EFFECTIVE DATE OF <--
14 THIS PARAGRAPH, the child death review and report shall be
15 completed no later than six months following the date of the
16 oral report of suspected child abuse to the department. A
17 copy of each child death report shall be maintained in the
18 appropriate Harrisburg office of the department.
19 (3) This section shall not be construed to preclude the
20 department from reviewing and providing a written report on
21 any child death where child abuse is suspected or confirmed
22 and the agency had no prior involvement with the child or the
23 child's family.
24 § 6347. Annual reports to Governor and General Assembly.
25 * * *
26 (c) Reports on child deaths.--The department shall prepare
27 and transmit annually to the Governor and to the General
28 Assembly a report on its findings and recommendations regarding
29 its child death reviews and reports conducted under section
30 6343(c) (relating to investigating performance of county
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1 agency). The annual report shall include, but not be limited to,
2 the following:
3 (1) A breakdown of child deaths reviewed versus those
4 not reviewed and a discussion explaining the lack of reviews
5 for some child deaths.
6 (2) The regulatory compliance problems identified in the
7 course of the child death reviews and a discussion outlining
8 the actions taken by the department and the county agencies.
9 (3) The practice or decision-making problems identified
10 in the course of the child death reviews and a discussion
11 outlining the actions taken by the department and the county
12 agencies.
13 (4) The good practice, effective decision making and
14 regulatory compliance identified in the course of the child
15 death reviews.
16 (5) The numbers of license revocations, provisional
17 licenses and full licenses given to county agencies reviewed
18 under section 6343(c).
19 (6) Recommendations for administrative, regulatory or
20 statutory change, including improvement of the department's
21 monitoring and inspection process, necessary to fulfill the
22 purposes of this chapter.
23 § 6367. Reports to department and coroner.
24 * * *
25 (c) Reports of child death.--In addition to the child abuse
26 report required under subsection (a), a county agency shall
27 immediately provide information to the department regarding its
28 involvement with the child and with either of the child's
29 parents when a child dies and child abuse is suspected. The
30 county agency shall inform the department of any history of
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1 protective or general protective services provided to the child
2 or to other children of either of the child's parents by the
3 county agency under this chapter or by court order and shall
4 inform the department if the child was in the agency's custody
5 at the time of the child's death. The county agency shall
6 provide this information in writing on forms provided by the
7 department within 48 hours of the oral report.
8 Section 2. The Department of Public Welfare shall promulgate
9 regulations necessary for implementing the amendment of 23
10 Pa.C.S. §§ 6343, 6347 and 6367.
11 Section 3. This act shall take effect in 60 days SIX MONTHS. <--
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