PRINTER'S NO. 187
No. 63 Session of 2005
INTRODUCED BY KASUNIC, O'PAKE, C. WILLIAMS, REGOLA, TARTAGLIONE,
COSTA, LAVALLE, KITCHEN, M. WHITE, STOUT, LOGAN, CORMAN,
LEMMOND, MUSTO, PILEGGI, RHOADES, EARLL, WOZNIAK AND BOSCOLA,
FEBRUARY 7, 2005
REFERRED TO AGING AND YOUTH, FEBRUARY 7, 2005
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for, in child
3 protective services, investigation of reports and for county
4 agency requirements for general protective services.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 6368(a) of Title 23 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 6368. Investigation of reports.
10 (a) General rule.--Upon receipt of each report of suspected
11 child abuse, the county agency shall immediately commence an
12 appropriate investigation and see the child immediately if
13 emergency protective custody is required or has been or shall be
14 taken or if it cannot be determined from the report whether
15 emergency protective custody is needed. Otherwise, the county
16 agency shall commence an appropriate investigation and see the
17 child within 24 hours of receipt of the report. The
18 investigation shall include a determination of the risk of harm
1 to the child or children if they continue to remain in the
2 existing home environment, as well as a determination of the
3 nature, extent and cause of any condition enumerated in the
4 report [and], any action necessary to provide for the safety of
5 the child or children and the taking of photographic
6 identification of the child or children to be maintained with
7 the file. During the investigation, the county agency shall
8 provide or arrange for services necessary to protect the child
9 while the agency is making a determination pursuant to this
10 section. If the investigation indicates serious physical injury,
11 a medical examination shall be performed on the subject child by
12 a certified medical practitioner. Where there is reasonable
13 cause to suspect there is a history of prior or current abuse,
14 the medical practitioner has the authority to arrange for
15 further medical tests or the county agency has the authority to
16 request further medical tests. The investigation shall include
17 communication with the department's service under section 6332
18 (relating to establishment of Statewide toll-free telephone
19 number). Prior to interviewing a subject of the report, the
20 county agency shall orally notify the subject who is about to be
21 interviewed of the existence of the report, the subject's rights
22 under 42 Pa.C.S. §§ 6337 (relating to right to counsel) and 6338
23 (relating to other basic rights) and the subject's rights
24 pursuant to this chapter in regard to amendment or expungement.
25 Within 72 hours following oral notification to the subject, the
26 county agency shall give written notice to the subject. The
27 notice may be reasonably delayed if notification is likely to
28 threaten the safety of the victim, a nonperpetrator subject or
29 the investigating county agency worker, to cause the perpetrator
30 to abscond or to significantly interfere with the conduct of a
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1 criminal investigation. However, the written notice must be
2 provided to all subjects prior to the county agency's reaching a
3 finding on the validity of the report.
4 * * *
5 Section 2. Section 6375(g) of Title 23 is amended and the
6 section is amended by adding a subsection to read:
7 § 6375. County agency requirements for general protective
8 services.
9 * * *
10 (g) Monitoring, evaluating and assessing.--The county agency
11 shall frequently monitor the provision of services, evaluate the
12 effectiveness of the services, conduct in-home visits and make a
13 periodic assessment of the risk of harm to the child, including
14 an updated photograph of the child for identification purposes.
15 * * *
16 (n) Transfer of files between county agencies.--Whenever a
17 county agency transfers to another county agency a file relating
18 to a child who receives or is in need of protective services
19 under this chapter, the file shall include any photographic
20 identification and updated photographs taken of the child.
21 Section 3. This act shall take effect in 60 days.
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