PRINTER'S NO. 940
No. 823 Session of 2007
INTRODUCED BY DERMODY, SOLOBAY, KILLION, MELIO, PALLONE, HARHAI,
KOTIK, DALEY, WOJNAROSKI, READSHAW, MANN, SAYLOR, SIPTROTH,
SAINATO, MUNDY, WALKO, PETRARCA, M. SMITH, BELFANTI, JOSEPHS,
FRANKEL, CALTAGIRONE, KULA, HORNAMAN, DeLUCA, K. SMITH,
YOUNGBLOOD AND MURT, MARCH 19, 2007
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 19, 2007
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 agencies, for citizen review panels, for child abuse services
6 and for reporting.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The definition of "nonaccidental" in section
10 6303(a) of Title 23 of the Pennsylvania Consolidated Statutes,
11 added November 9, 2006 (P.L.1358, No.146), is amended and the
12 subsection is amended by adding a definition 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 * * *
18 "Children's advocacy center." A local public agency in this
1 Commonwealth and a not-for-profit entity incorporated in this
2 Commonwealth which:
3 (1) is 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)); and
6 (2) operates within this Commonwealth for the primary
7 purpose of providing a child-focused, facility-based program
8 dedicated to coordinating a formalized multidisciplinary
9 response to suspected child abuse that, at a minimum, either
10 onsite or through a partnership with another entity or
11 entities, assists county agencies, investigative teams and
12 law enforcement by providing services, including forensic
13 interviews, medical evaluations, therapeutic interventions,
14 victim support and advocacy, team case reviews and a system
15 for case tracking.
16 * * *
17 "Nonaccidental." [An injury that is the result of] Resulting
18 from an intentional act that is committed with disregard of a
19 substantial and unjustifiable risk.
20 * * *
21 Section 2. Section 6340(a) of Title 23 is amended by adding
22 a paragraph to read:
23 § 6340. Release of information in confidential reports.
24 (a) General rule.--Reports specified in section 6339
25 (relating to confidentiality of reports) shall only be made
26 available to:
27 * * *
28 (17) A member of a child fatality or near fatality
29 review team under section 6365(d). This paragraph does not
30 include information which the district attorney determines
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1 may compromise any pending criminal proceeding.
2 * * *
3 Section 3. Section 6343 of Title 23 is amended by adding a
4 subsection to read:
5 § 6343. Investigating performance of county agency.
6 * * *
7 (c) Department reviews and reports of child fatalities and
8 near fatalities.--
9 (1) The department shall conduct a child fatality and
10 near fatality review and provide a written report on any
11 child fatality or near fatality, if child abuse is suspected.
12 The department shall summarize:
13 (i) the nature and extent of its review;
14 (ii) statutory and regulatory compliance by the
15 county agency in the county where:
16 (A) the fatality or near fatality occurred; and
17 (B) the child resided within the 16 months
18 preceding the fatality or near fatality;
19 (iii) its findings and recommendations for reducing
20 the likelihood of future child fatalities and near
21 fatalities, resulting from child abuse.
22 (2) The department's child fatality or near fatality
23 review shall be commenced immediately upon receipt of a
24 report to the department that a child died or nearly died as
25 a result of suspected child abuse. The department's child
26 fatality or near fatality review and report shall be
27 completed as soon as possible but no later than six months
28 from receipt of the initial report of the child fatality or
29 near fatality.
30 (3) Upon completion of the review and report, the
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1 department's child fatality or near fatality report shall be
2 made available to the county agency and designated county
3 officials under section 6340(a)(11) (relating to release of
4 information in confidential reports). The report shall be
5 made available, upon request, to other individuals to whom
6 confidential reports may be released, as specified by section
7 6340. The report shall be made available to the public, but
8 identifying information shall be removed from the contents of
9 the report.
10 Section 4. Section 6343.1(a) of Title 23, added November 9,
11 2006 (P.L.1358, No.146), is amended to read:
12 § 6343.1. Citizen review panels.
13 (a) Establishment.--The department shall establish a minimum
14 of three citizen review panels. The department may designate a
15 child fatality or near fatality review team under section
16 6365(d) (relating to services for prevention, investigation and
17 treatment of child abuse) as a citizen review panel as long as
18 the team has the capacity to perform as a citizen review panel.
19 * * *
20 Section 5. Sections 6365 and 6367 of Title 23 are amended by
21 adding subsections to read:
22 § 6365. Services for prevention, investigation and treatment of
23 child abuse.
24 * * *
25 (d) Child fatality and near fatality review team and written
26 report.--
27 (1) A child fatality or near fatality review team shall
28 be convened by a county agency in a case when a child dies or
29 nearly dies as a result of substantiated child abuse or when
30 the county agency has not made a status determination within
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1 30 days. The team may convene after a substantiation is made
2 and shall convene no later than 31 days from the receipt of
3 the oral report to the department of the suspected child
4 abuse. The county agency shall convene a child fatality or
5 near fatality review team in the county where the abuse
6 occurred and in any county where the child resided within the
7 16 months preceding the fatality or near fatality. The team
8 shall consist of individuals who are broadly representative
9 of the county where the team is established and who have
10 expertise in prevention and treatment of child abuse. The
11 team shall include:
12 (i) A staff person from the county agency.
13 (ii) A member of the advisory committee of the
14 county agency.
15 (iii) A representative of a private or public human
16 services agency other than the county agency.
17 (iv) A health care provider.
18 (v) A representative of a local school or
19 educational program.
20 (vi) A representative of law enforcement.
21 (vii) A lawyer trained in legal representation of
22 children or an individual trained under 42 Pa.C.S § 6342
23 (relating to court-appointed special advocates).
24 (viii) A mental health service provider.
25 (ix) A representative of a children's advocacy
26 center that provides services to children in the county.
27 The individual under this subparagraph must not be an
28 employee of the county agency.
29 (x) The county coroner or forensic pathologist.
30 (xi) A resident of the county where the review is
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1 being conducted.
2 (xii) A representative of a local domestic violence
3 program.
4 (2) Members of the team shall be responsible for all of
5 the following:
6 (i) Maintaining confidentiality of information under
7 section 6340.
8 (ii) Providing and discussing relevant case-specific
9 information from the member's records.
10 (iii) Attending and participating in all meetings
11 and activities as required.
12 (iv) Assisting in the development of the report
13 under paragraph (4)(iv).
14 (3) The county agency shall appoint an individual who is
15 not an employee of the county agency to serve as chairperson.
16 (4) The team shall perform the following:
17 (i) Review the circumstances of the child's fatality
18 or near fatality resulting from suspected or
19 substantiated child abuse.
20 (ii) Review the delivery of services to the abused
21 child and the child's family provided by the county
22 agency in each county where the child and family have
23 resided within the 16 months preceding the fatality or
24 near fatality and the services provided to the child and
25 the child's family by other public and private community
26 agencies or professionals. This subparagraph includes law
27 enforcement, mental health services, programs for young
28 children and children with special needs, drug and
29 alcohol programs, local schools and health care
30 providers.
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1 (iii) Review the county agency's compliance with
2 statutes and regulations and with relevant policies and
3 procedures of the county agency.
4 (iv) Within 90 days of convening, submit a written
5 report on the child fatality or near fatality to the
6 department and designated county officials under section
7 6340(a)(11). The report shall be made available, upon
8 request, to other individuals to whom confidential
9 reports may be released, as specified by section 6340.
10 The report and the department's response shall be made
11 available to the public, but identifying information
12 shall be removed from the contents of the report. The
13 report shall include:
14 (A) Deficiencies and strengths in:
15 (I) compliance with statutes and
16 regulations; and
17 (II) services to children and families.
18 (B) Recommendations for changes at the State and
19 local levels on:
20 (I) reducing the likelihood of future child
21 fatalities and near fatalities directly related
22 to child abuse and neglect;
23 (II) monitoring and inspection of county
24 agencies; and
25 (III) collaboration of community agencies
26 and service providers to prevent child abuse and
27 neglect.
28 (e) Response by department.--Within 60 days of receipt of a
29 report of a child fatality or near fatality under subsection
30 (d), the department shall review the findings and
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1 recommendations of the report and provide a written response to
2 the county agency and the child fatality review team or near
3 fatality review team.
4 § 6367. Reports to department and coroner.
5 * * *
6 (c) Reports of child death.--A county agency shall
7 immediately provide information to the department regarding its
8 involvement with the child and with either of the child's
9 parents when a child dies or nearly dies and child abuse is
10 suspected. The county agency shall inform the department of any
11 history of protective or general protective services provided to
12 the child or to other children of either of the child's parents
13 by the county agency under this chapter or by court order and
14 shall inform the department if the child was in the agency's
15 custody at the time of the child's death. The county agency
16 shall provide this information in writing on forms provided by
17 the department within 48 hours of the oral report.
18 Section 6. This act shall take effect in 180 days.
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