PRINTER'S NO. 922
No. 760 Session of 2005
INTRODUCED BY TRUE, BIRMELIN, BLAUM, E. Z. TAYLOR, HICKERNELL,
DeWEESE, BELARDI, BELFANTI, CALTAGIRONE, CAPPELLI, CLYMER,
CRAHALLA, CREIGHTON, DALEY, DeLUCA, J. EVANS, FRANKEL,
FREEMAN, GEIST, GEORGE, GINGRICH, GOODMAN, HARRIS, HENNESSEY,
HERMAN, HESS, JOSEPHS, KENNEY, KIRKLAND, LEACH, LEDERER,
MANN, MILLARD, S. MILLER, MUNDY, NAILOR, NICKOL, O'NEILL,
PETRI, PHILLIPS, PICKETT, PRESTON, REICHLEY, RUBLEY,
SAMUELSON, SAYLOR, SCAVELLO, SCHRODER, R. STEVENSON, STURLA,
TANGRETTI, TIGUE, WASHINGTON, WATSON, WILT, YOUNGBLOOD, ZUG,
BROWNE, KAUFFMAN, PISTELLA AND ROSS, MARCH 14, 2005
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 14, 2005
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing, in child protective
3 services, for definitions, for release of information in
4 confidential reports, for investigating performance of county
5 agency, for annual reports to the Governor and General
6 Assembly, for services for prevention, investigation and
7 treatment of child abuse and for reports to Department of
8 Public Welfare and coroner.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 6303(a) of Title 23 of the Pennsylvania
12 Consolidated Statutes is amended by adding definitions to read:
13 § 6303. Definitions.
14 (a) General rule.--The following words and phrases when used
15 in this chapter shall have the meanings given to them in this
16 section unless the context clearly indicates otherwise:
17 * * *
1 "Children's advocacy centers." Local public agencies in this
2 Commonwealth, and not-for-profit entities incorporated in this
3 Commonwealth that are tax exempt under section 501(c)(3) of the
4 Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
5 501(c)(3)) or any successor provision, which operate within this
6 Commonwealth, for the primary purpose of providing a child-
7 focused, facility-based program dedicated to coordinating a
8 formalized multidisciplinary response to suspected child abuse,
9 that at a minimum, either onsite or through a partnership with
10 another entity or entities, assists county agencies,
11 investigative teams and law enforcement by providing services,
12 including forensic interviews, medical evaluations, therapeutic
13 interventions, victim support and advocacy, team case reviews
14 and a system for case tracking.
15 * * *
16 "Multidisciplinary response." A response to suspected child
17 abuse in which the county agency, law enforcement, prosecution,
18 victim support and advocacy agencies and medical and mental
19 health professionals cooperate pursuant to a written protocol to
20 provide coordinated intervention that assures that children are
21 connected to services necessary to provide for their safety,
22 health and well-being, and that as part of the coordinated
23 response, the children are interviewed regarding the suspected
24 child abuse in a coordinated and child-focused manner to avoid
25 duplication of fact-finding and to minimize additional trauma to
26 the children.
27 "Near fatality." An act that, as certified by a physician,
28 places a child in serious or critical condition.
29 * * *
30 Section 2. Section 6340(a) of Title 23 is amended by adding
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1 a paragraph to read:
2 § 6340. Release of information in confidential reports.
3 (a) General rule.--Reports specified in section 6339
4 (relating to confidentiality of reports) shall only be made
5 available to:
6 * * *
7 (16) A member of a child fatality or near fatality
8 review team under section 6365(d) (relating to services for
9 prevention, investigation and treatment of child abuse),
10 except for information that the district attorney determines
11 may compromise any pending criminal proceeding shall not be
12 shared with members of a child fatality or near fatality
13 review team.
14 * * *
15 Section 3. Sections 6343, 6347, 6365 and 6367 of Title 23
16 are amended by adding subsections to read:
17 § 6343. Investigating performance of county agency.
18 * * *
19 (c) Department reviews and reports.--
20 (1) The department shall conduct child fatality and near
21 fatality reviews and provide written reports on any child
22 fatality or near fatality where child abuse is suspected and
23 where a county agency has investigated child abuse or neglect
24 reports related to the child or to other children of either
25 of the child's parents or has provided protective or general
26 protective services involving the child or other children of
27 either of the child's parents. Agency performance, including,
28 but not limited to, the investigation of prior child abuse or
29 neglect reports, assessment of risk, acceptance of the family
30 for services, provision of services, case closure and
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1 compliance with this chapter and related regulations, must be
2 analyzed in each review and report. An explanation regarding
3 the nature and extent of the review shall be provided in each
4 report.
5 (2) On and after the effective date of this paragraph,
6 the child fatality or near fatality review and report shall
7 be completed no later than six months following the date of
8 the oral report of suspected child abuse to the department. A
9 copy of each child fatality and near fatality report shall be
10 maintained in the appropriate Harrisburg office of the
11 department.
12 (3) This section shall not be construed to preclude the
13 department from reviewing and providing a written report on
14 any child fatality or near fatality where child abuse is
15 suspected or confirmed and the agency had no prior
16 involvement with the child or the child's family.
17 (4) Within 60 days of receipt of a report under section
18 6365(d)(4)(iv) (relating to services for prevention,
19 investigation and treatment of child abuse), the department
20 shall review the findings and recommendations of the report
21 and submit a written response to the county agency. By May 1,
22 the department shall prepare and transmit to the Governor and
23 General Assembly an annual summary of the reports and
24 responses under this paragraph.
25 § 6347. Annual reports to Governor and General Assembly.
26 * * *
27 (c) Reports on child fatalities and near fatalities.--The
28 department shall prepare and transmit annually to the Governor
29 and to the General Assembly a report on its findings and
30 recommendations regarding the child fatality and near fatality
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1 reviews and reports conducted under section 6343(c) (relating to
2 investigating performance of county agency). The annual report
3 shall include, but not be limited to, the following:
4 (1) A breakdown of child fatalities and near fatalities
5 reviewed versus those not reviewed and a discussion
6 explaining the lack of reviews for some child fatalities and
7 near fatalities.
8 (2) An analysis of the regulatory compliance problems
9 identified in the course of the child fatality and near
10 fatality reviews and a discussion outlining the actions taken
11 by the department and the county agencies.
12 (3) An analysis of the practice or decision-making
13 problems identified in the course of the child fatality and
14 near fatality reviews and a discussion outlining the actions
15 taken by the department and the county agencies.
16 (4) The good practice, effective decision making and
17 regulatory compliance identified in the course of the child
18 fatality and near fatality reviews.
19 (5) The numbers of license revocations, provisional
20 licenses and full licenses given to county agencies reviewed
21 under section 6343(c).
22 (6) Recommendations for specific or systemic
23 administrative, regulatory or statutory change, including
24 improvement of the department's monitoring and inspection
25 process, necessary to fulfill the purposes of this chapter.
26 § 6365. Services for prevention, investigation and treatment of
27 child abuse.
28 * * *
29 (d) Child fatality and near fatality review team and written
30 report.--
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1 (1) A child fatality or near fatality review team shall
2 be convened in cases where a child dies or nearly dies as a
3 result of substantiated child abuse or when the county agency
4 has not made a status determination within 30 days. The team
5 may convene after a substantiation is made and shall convene
6 not later than 31 days from the receipt of the oral report to
7 the department of the suspected child abuse. The county
8 agency shall convene a child fatality or near fatality review
9 team in the county where the abuse occurred and in any county
10 where the child resided within the 12 months preceding the
11 fatality or near fatality. The team shall consist of the
12 following individuals, who must have experience in working
13 with children and families:
14 (i) A staff person from the county agency.
15 (ii) A member of the advisory committee of the
16 county agency.
17 (iii) A representative of a private or public human
18 services agency.
19 (iv) A health care provider.
20 (v) A representative of a local school or
21 educational program.
22 (vi) A representative of law enforcement.
23 (vii) A lawyer trained in legal representation of
24 children or individual trained as a court-appointed
25 special advocate for children.
26 (viii) A mental health service provider.
27 (ix) The county multidisciplinary team coordinator.
28 (x) A children's advocacy center representative, who
29 is not an employee of a county agency if present in the
30 community.
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1 (xi) The county coroner or forensic pathologist.
2 (xii) A resident of the county where the review is
3 being conducted.
4 (2) All members of the team shall assist in carrying out
5 the purpose of the team by doing all of the following:
6 (i) Maintaining confidentiality of information under
7 section 6340 (relating to release of information in
8 confidential reports).
9 (ii) Providing and discussing relevant case-specific
10 information from the member's records.
11 (iii) Attending and participating in all meetings
12 and activities as required.
13 (iv) Reviewing and responding to the report under
14 paragraph (4)(iv).
15 (3) The county agency shall appoint an individual to
16 serve as chairman who is not an employee of the county
17 agency.
18 (4) The purposes of the team shall be the following:
19 (i) Review the circumstances of the child's fatality
20 or near fatality resulting from suspected or
21 substantiated child abuse.
22 (ii) Review the delivery of services to the abused
23 child and the child's family provided by the county
24 agency in the county or counties where the child and
25 family have resided within the 12 months preceding the
26 fatality or near fatality and services provided to the
27 child and the child's family by other public and private
28 community agencies or professionals. This subparagraph
29 includes law enforcement, mental health services,
30 programs for children with special needs, drug and
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1 alcohol programs, local schools and health care
2 providers.
3 (iii) Review the county agency's compliance with
4 statutes and regulations and with relevant policies and
5 procedures of the county agency.
6 (iv) Submit, within 90 days of convening, a written
7 report on its review to the department and designated
8 county officials under section 6340(a)(11). The report
9 shall be made available, upon request, to other
10 individuals to whom confidential reports may be released,
11 as specified by section 6340. The report and the
12 department's response shall be made available to the
13 public only if identifying information is removed from
14 the contents of the report. The report shall include:
15 (A) Deficiencies and strengths in:
16 (I) Compliance with statutes and
17 regulations.
18 (II) Services to children and families.
19 (B) Recommendations for changes at the State and
20 local level on all of the following:
21 (I) Reducing the likelihood of future child
22 fatalities and near fatalities directly related
23 to child abuse and neglect.
24 (II) Monitoring and inspection of county
25 agencies.
26 (III) Collaboration of community agencies
27 and service providers to prevent child abuse and
28 neglect.
29 § 6367. Reports to department and coroner.
30 * * *
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1 (c) Reports of child death.--In addition to the child abuse
2 report required under subsection (a), a county agency shall
3 immediately provide information to the department regarding its
4 involvement with the child and with either of the child's
5 parents when a child dies or nearly dies and child abuse is
6 suspected. The county agency shall inform the department of any
7 history of protective or general protective services provided to
8 the child or to other children of either of the child's parents
9 by the county agency under this chapter or by court order and
10 shall inform the department if the child was in the agency's
11 custody at the time of the child's death. The county agency
12 shall provide this information in writing on forms provided by
13 the department within 48 hours of the oral report.
14 Section 4. The Department of Public Welfare shall promulgate
15 regulations necessary for implementing the amendment or addition
16 of 23 Pa.C.S. §§ 6303(a), 6340(a)(16), 6343(c), 6347(c), 6365(d)
17 and 6367(c).
18 Section 5. This act shall take effect in six months.
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