PRIOR PRINTER'S NO. 34 PRINTER'S NO. 2250
No. 26 Session of 2007
INTRODUCED BY FONTANA, ORIE, BOSCOLA, TARTAGLIONE, C. WILLIAMS,
WASHINGTON, STOUT, COSTA, VANCE, O'PAKE, MUSTO, LOGAN, BROWNE
AND MELLOW, JANUARY 29, 2007
SENATOR VANCE, AGING AND YOUTH, AS AMENDED, JUNE 25, 2008
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing, in child protective
3 services, for definitions and for students in public and
4 private schools; and making editorial changes.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. The definitions of "founded report for school
8 employee," "indicated report for school employee" and EMPLOYEE," <--
9 "person responsible for the child's welfare" AND "STUDENT" in <--
10 section 6303 of Title 23 of the Pennsylvania Consolidated
11 Statutes are amended to read:
12 § 6303. Definitions.
13 (a) General rule.--The following words and phrases when used
14 in this chapter shall have the meanings given to them in this
15 section unless the context clearly indicates otherwise:
16 * * *
17 ["Founded report for school employee." A report under FORMER <--
18 Subchapter C.1 (relating to students in public and private
1 schools) if there has been any judicial adjudication based on a
2 finding that the victim has suffered serious bodily injury or
3 sexual abuse or exploitation, including the entry of a plea of
4 guilty or nolo contendere or a finding of guilt to a criminal
5 charge involving the same factual circumstances involved in the
6 allegations of the report.] <--
7 * * *
8 ["Indicated report for school employee." A report made under <--
9 FORMER Subchapter C.1 (relating to students in public and <--
10 private schools) if an investigation by the county agency
11 determines that substantial evidence of serious bodily injury or
12 sexual abuse or exploitation exists based on any of the
13 following:
14 (1) Available medical evidence.
15 (2) The county agency's investigation.
16 (3) An admission of the acts of abuse by the school
17 employee.] <--
18 * * *
19 "Person responsible for the child's welfare." A person who
20 provides permanent or temporary care, supervision, mental health
21 diagnosis or treatment, training or control of a child in lieu
22 of parental care, supervision and control. The term [does not
23 include a person who is employed by or provides services or
24 programs in any public or private school, intermediate unit or
25 area vocational-technical school] includes a school employee.
26 * * *
27 ["STUDENT." AN INDIVIDUAL ENROLLED IN A PUBLIC OR PRIVATE <--
28 SCHOOL, INTERMEDIATE UNIT OR AREA VOCATIONAL-TECHNICAL SCHOOL
29 WHO IS UNDER 18 YEARS OF AGE.]
30 * * *
20070S0026B2250 - 2 -
1 Section 2. Sections 6331, 6333, 6334(c), 6335(a), 6337(c),
2 6338(a), 6340(a)(13) and 6346(b) and (c) of Title 23 are amended
3 to read:
4 § 6331. Establishment of pending complaint file, Statewide
5 central register and file of unfounded reports.
6 There shall be established in the department:
7 (1) A pending complaint file of child abuse reports
8 under investigation [and a file of reports under
9 investigation pursuant to Subchapter C.1 (relating to
10 students in public and private schools)].
11 (2) A Statewide central register of child abuse which
12 shall consist of founded and indicated reports[.] AND FORMER <--
13 FOUNDED REPORTS FOR SCHOOL EMPLOYEE AND INDICATED REPORTS FOR
14 SCHOOL EMPLOYEE UNDER FORMER SUBCHAPTER C.1 (RELATING TO
15 STUDENTS IN PUBLIC AND PRIVATE SCHOOLS).
16 (3) A file of unfounded reports awaiting expunction.
17 § 6333. Continuous availability of department.
18 The department shall be capable of receiving oral reports of
19 child abuse made pursuant to this chapter[, reports under
20 section 6353.2 (relating to responsibilities of county agency)]
21 and report summaries of child abuse from county agencies and
22 shall be capable of immediately identifying prior reports of
23 child abuse [and prior reports of abuse or injury under
24 Subchapter C.1 (relating to students in public and private
25 schools)] in the Statewide central register and reports under
26 investigation in the pending complaint file and of monitoring
27 the provision of child protective services 24 hours a day, seven
28 days a week.
29 § 6334. Disposition of complaints received.
30 * * *
20070S0026B2250 - 3 -
1 (c) Recording in pending complaint file.--Upon receipt of a
2 complaint of suspected child abuse, the department shall
3 maintain a record of the complaint of suspected child abuse in
4 the pending complaint file. [Upon receipt of a report under
5 section 6353.2 (relating to responsibilities of county agency),
6 the department shall maintain a record of the report in the
7 report file under section 6331 (relating to establishment of
8 pending complaint file, Statewide central register and file of
9 unfounded reports).]
10 * * *
11 § 6335. Information in pending complaint and unfounded report
12 files.
13 (a) Information authorized.--The information contained in
14 the pending complaint file shall be limited to the information
15 required in [sections] section 6313(c) (relating to reporting
16 procedure) [and 6353.2 (relating to responsibilities of county
17 agency)]. The information contained in the file for unfounded
18 reports shall be limited to the information required by section
19 6336 (relating to information in Statewide central register).
20 * * *
21 § 6337. Disposition of unfounded reports.
22 * * *
23 (c) Expunction of information.--All information identifying
24 the subjects of any report of suspected child abuse [and of any
25 report under Subchapter C.1 (relating to students in public and
26 private schools)] determined to be an unfounded report shall be
27 expunged from the pending complaint file pursuant to this
28 section. The expunction shall be mandated and guaranteed by the
29 department.
30 § 6338. Disposition of founded and indicated reports.
20070S0026B2250 - 4 -
1 (a) General rule.--When a report of suspected child abuse
2 [or a report under Subchapter C.1 (relating to students in
3 public and private schools)] is determined by the appropriate
4 county agency to be a founded report or an indicated report, the
5 information concerning that report of suspected child abuse
6 shall be expunged immediately from the pending complaint file,
7 and an appropriate entry shall be made in the Statewide central
8 register. Notice of the determination must be given to the
9 subjects of the report, other than the abused child, and to the
10 parent or guardian of the affected child or student along with
11 an explanation of the implications of the determination. Notice
12 given to perpetrators of child abuse [and to school employees <--
13 who are subjects of indicated reports for school employees or
14 founded reports for school employees] shall include notice that <--
15 their ability to obtain employment in a child-care facility or
16 program or a public or private school may be adversely affected
17 by entry of the report in the Statewide central register. The
18 notice shall also inform the recipient of [his] THE right, <--
19 within 45 days after being notified of the status of the report,
20 to appeal an indicated report, and [his] THE right to a hearing <--
21 if the request is denied.
22 * * *
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 [(13) Persons required to make reports under Subchapter
29 C.1 (relating to students in public and private schools).
30 Information under this paragraph shall be limited to the
20070S0026B2250 - 5 -
1 final status of the report following the investigation as to
2 whether the report is indicated, founded or unfounded.]
3 * * *
4 § 6346. Cooperation of other agencies.
5 * * *
6 (b) Willful failure to cooperate.--Any agency, school
7 district or facility or any person acting on behalf of an
8 agency, school district or facility that violates this section
9 by willfully failing to cooperate with the department or a
10 county agency when investigating a report of suspected child
11 abuse [or a report under Subchapter C.1 (relating to students in
12 public and private schools)] or when assessing risk to a child
13 commits a summary offense for a first violation and a
14 misdemeanor of the third degree for subsequent violations.
15 (c) Cooperation of county agency and law enforcement
16 agencies.--Consistent with the provisions of this chapter, the
17 county agency and law enforcement agencies shall cooperate and
18 coordinate, to the fullest extent possible, their efforts to
19 respond to and investigate reports of suspected child abuse [and
20 to reports under Subchapter C.1].
21 * * *
22 Section 3. Section 6347 of Title 23, amended November 9,
23 2006 (P.L.1358, No.146), is amended to read:
24 § 6347. Reports to Governor and General Assembly.
25 (a) General rule.--No later than May 1 of every year, the
26 secretary shall prepare and transmit to the Governor and the
27 General Assembly a report on the operations of the central
28 register of child abuse and child protective services provided
29 by county agencies. The report shall include a full statistical
30 analysis of the reports of suspected child abuse made to the
20070S0026B2250 - 6 -
1 department [and the reports under Subchapter C.1 (relating to
2 students in public and private schools)], together with a report
3 on the implementation of this chapter and its total cost to the
4 Commonwealth, the evaluation of the secretary of services
5 offered under this chapter and recommendations for repeal or for
6 additional legislation to fulfill the purposes of this chapter.
7 All such recommendations should contain an estimate of increased
8 or decreased costs resulting therefrom. The report shall also
9 include an explanation of services provided to children who were
10 the subjects of founded or indicated reports while receiving
11 child-care services. The department shall also describe its
12 actions in respect to the perpetrators of the abuse.
13 (b) Reports from county agencies.--To assist the department
14 in preparing its annual report and the quarterly reports
15 required under subsection (c), each county agency shall submit a
16 quarterly report to the department, including, at a minimum, the
17 following information, on an aggregate basis, regarding general
18 protective services[,] and child protective services [and action
19 under Subchapter C.1]:
20 (1) The number of referrals received and referrals
21 accepted.
22 (2) The number of children over whom the agency
23 maintains continuing supervision.
24 (3) The number of cases which have been closed by the
25 agency.
26 (4) The services provided to children and their
27 families.
28 (5) A summary of the findings with nonidentifying
29 information about each case of child abuse or neglect which
30 has resulted in a child fatality or near fatality.
20070S0026B2250 - 7 -
1 (c) Quarterly reports.--The department shall prepare and
2 transmit to the Governor and the General Assembly a quarterly
3 report that includes a summary of the findings with
4 nonidentifying information about each case of child abuse or
5 neglect that has resulted in a child fatality or near fatality.
6 One of the quarterly reports may be included within the annual
7 report required under subsection (a).
8 Section 4. This act shall take effect in 60 days. <--
9 SECTION 4. SUBCHAPTER (C.1) OF CHAPTER 63 OF TITLE 23 IS <--
10 REPEALED:
11 [SUBCHAPTER C.1
12 STUDENTS IN PUBLIC AND PRIVATE SCHOOLS
13 § 6351. DEFINITIONS.
14 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
15 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
16 CONTEXT CLEARLY INDICATES OTHERWISE:
17 "ADMINISTRATOR." THE PERSON RESPONSIBLE FOR THE
18 ADMINISTRATION OF A PUBLIC OR PRIVATE SCHOOL, INTERMEDIATE UNIT
19 OR AREA VOCATIONAL-TECHNICAL SCHOOL. THE TERM INCLUDES AN
20 INDEPENDENT CONTRACTOR.
21 § 6352. SCHOOL EMPLOYEES.
22 (A) REQUIREMENT.--
23 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), A SCHOOL
24 EMPLOYEE WHO HAS REASONABLE CAUSE TO SUSPECT, ON THE BASIS OF
25 PROFESSIONAL OR OTHER TRAINING AND EXPERIENCE, THAT A STUDENT
26 COMING BEFORE THE SCHOOL EMPLOYEE IN THE EMPLOYEE'S
27 PROFESSIONAL OR OFFICIAL CAPACITY IS A VICTIM OF SERIOUS
28 BODILY INJURY OR SEXUAL ABUSE OR SEXUAL EXPLOITATION BY A
29 SCHOOL EMPLOYEE SHALL IMMEDIATELY CONTACT THE ADMINISTRATOR.
30 (2) IF THE SCHOOL EMPLOYEE ACCUSED OF SERIOUSLY INJURING
20070S0026B2250 - 8 -
1 OR SEXUALLY ABUSING OR EXPLOITING A STUDENT IS THE
2 ADMINISTRATOR, THE SCHOOL EMPLOYEE WHO HAS REASONABLE CAUSE
3 TO SUSPECT, ON THE BASIS OF PROFESSIONAL OR OTHER TRAINING
4 AND EXPERIENCE, THAT A STUDENT COMING BEFORE THE SCHOOL
5 EMPLOYEE IN THE EMPLOYEE'S PROFESSIONAL OR OFFICIAL CAPACITY
6 IS A VICTIM OF SERIOUS BODILY INJURY OR SEXUAL ABUSE OR
7 SEXUAL EXPLOITATION SHALL IMMEDIATELY REPORT TO LAW
8 ENFORCEMENT OFFICIALS AND THE DISTRICT ATTORNEY UNDER SECTION
9 6353(A) (RELATING TO ADMINISTRATION). IF AN ADMINISTRATOR IS
10 THE SCHOOL EMPLOYEE WHO SUSPECTS INJURY OR ABUSE, THE
11 ADMINISTRATOR SHALL MAKE A REPORT UNDER SECTION 6353(A).
12 (3) THE SCHOOL EMPLOYEE MAY NOT REVEAL THE EXISTENCE OR
13 CONTENT OF THE REPORT TO ANY OTHER PERSON.
14 (B) IMMUNITY.--A SCHOOL EMPLOYEE WHO REFERS A REPORT UNDER
15 SUBSECTION (A) SHALL BE IMMUNE FROM CIVIL AND CRIMINAL LIABILITY
16 ARISING OUT OF THE REPORT.
17 (C) CRIMINAL PENALTY.--
18 (1) A SCHOOL EMPLOYEE WHO WILLFULLY VIOLATES SUBSECTION
19 (A) COMMITS A SUMMARY OFFENSE.
20 (2) A SCHOOL EMPLOYEE WHO, AFTER BEING SENTENCED UNDER
21 PARAGRAPH (1), VIOLATES SUBSECTION (A) COMMITS A MISDEMEANOR
22 OF THE THIRD DEGREE.
23 § 6353. ADMINISTRATION.
24 (A) REQUIREMENT.--AN ADMINISTRATOR AND A SCHOOL EMPLOYEE
25 GOVERNED BY SECTION 6352(A)(2) (RELATING TO SCHOOL EMPLOYEES)
26 SHALL REPORT IMMEDIATELY TO LAW ENFORCEMENT OFFICIALS AND THE
27 APPROPRIATE DISTRICT ATTORNEY ANY REPORT OF SERIOUS BODILY
28 INJURY OR SEXUAL ABUSE OR SEXUAL EXPLOITATION ALLEGED TO HAVE
29 BEEN COMMITTED BY A SCHOOL EMPLOYEE AGAINST A STUDENT.
30 (B) REPORT.--A REPORT UNDER SUBSECTION (A) SHALL INCLUDE THE
20070S0026B2250 - 9 -
1 FOLLOWING INFORMATION:
2 (1) NAME, AGE, ADDRESS AND SCHOOL OF THE STUDENT.
3 (2) NAME AND ADDRESS OF THE STUDENT'S PARENT OR
4 GUARDIAN.
5 (3) NAME AND ADDRESS OF THE ADMINISTRATOR.
6 (4) NAME, WORK AND HOME ADDRESS OF THE SCHOOL EMPLOYEE.
7 (5) NATURE OF THE ALLEGED OFFENSE.
8 (6) ANY SPECIFIC COMMENTS OR OBSERVATIONS THAT ARE
9 DIRECTLY RELATED TO THE ALLEGED INCIDENT AND THE INDIVIDUALS
10 INVOLVED.
11 (C) IMMUNITY.--AN ADMINISTRATOR WHO MAKES A REPORT UNDER
12 SUBSECTION (A) SHALL BE IMMUNE FROM CIVIL OR CRIMINAL LIABILITY
13 ARISING OUT OF THE REPORT.
14 (D) CRIMINAL PENALTY.--AN ADMINISTRATOR WHO WILLFULLY
15 VIOLATES SUBSECTION (A) COMMITS A MISDEMEANOR OF THE THIRD
16 DEGREE.
17 § 6353.1. INVESTIGATION.
18 (A) GENERAL RULE.--UPON RECEIPT OF A REPORT UNDER SECTION
19 6353 (RELATING TO ADMINISTRATION), AN INVESTIGATION SHALL BE
20 CONDUCTED BY LAW ENFORCEMENT OFFICIALS, IN COOPERATION WITH THE
21 DISTRICT ATTORNEY, AND A DETERMINATION MADE AS TO WHAT CRIMINAL
22 CHARGES, IF ANY, WILL BE FILED AGAINST THE SCHOOL EMPLOYEE.
23 (B) REFERRAL TO COUNTY AGENCY.--
24 (1) IF LOCAL LAW ENFORCEMENT OFFICIALS HAVE REASONABLE
25 CAUSE TO SUSPECT ON THE BASIS OF INITIAL REVIEW THAT THERE IS
26 EVIDENCE OF SERIOUS BODILY INJURY, SEXUAL ABUSE OR SEXUAL
27 EXPLOITATION COMMITTED BY A SCHOOL EMPLOYEE AGAINST A
28 STUDENT, LOCAL LAW ENFORCEMENT OFFICIALS SHALL NOTIFY THE
29 COUNTY AGENCY IN THE COUNTY WHERE THE ALLEGED ABUSE OR INJURY
30 OCCURRED FOR THE PURPOSE OF THE AGENCY CONDUCTING AN
20070S0026B2250 - 10 -
1 INVESTIGATION OF THE ALLEGED ABUSE OR INJURY.
2 (2) TO THE FULLEST EXTENT POSSIBLE, LAW ENFORCEMENT
3 OFFICIALS AND THE COUNTY AGENCY SHALL COORDINATE THEIR
4 RESPECTIVE INVESTIGATIONS. IN RESPECT TO INTERVIEWS WITH THE
5 STUDENT, LAW ENFORCEMENT OFFICIALS AND THE COUNTY AGENCY
6 SHALL CONDUCT JOINT INTERVIEWS. IN RESPECT TO INTERVIEWS WITH
7 THE SCHOOL EMPLOYEE, LAW ENFORCEMENT OFFICIALS SHALL BE GIVEN
8 AN OPPORTUNITY TO INTERVIEW THE SCHOOL EMPLOYEE PRIOR TO THE
9 EMPLOYEE HAVING ANY CONTACT WITH THE COUNTY AGENCY.
10 (3) THE COUNTY AGENCY AND LAW ENFORCEMENT OFFICIALS HAVE
11 THE AUTHORITY TO ARRANGE FOR PHOTOGRAPHS, MEDICAL TESTS OR X-
12 RAYS OF A STUDENT ALLEGED TO HAVE BEEN ABUSED OR INJURED BY A
13 SCHOOL EMPLOYEE. THE COUNTY AGENCY AND LAW ENFORCEMENT
14 OFFICIALS SHALL COORDINATE THEIR EFFORTS IN THIS REGARD AND,
15 TO THE FULLEST EXTENT POSSIBLE, AVOID THE DUPLICATION OF ANY
16 PHOTOGRAPHS, MEDICAL TESTS OR X-RAYS.
17 (4) LAW ENFORCEMENT OFFICIALS AND THE COUNTY AGENCY
18 SHALL ADVISE EACH OTHER OF THE STATUS AND FINDINGS OF THEIR
19 RESPECTIVE INVESTIGATIONS ON AN ONGOING BASIS.
20 § 6353.2. RESPONSIBILITIES OF COUNTY AGENCY.
21 (A) INFORMATION FOR THE PENDING COMPLAINT FILE.--IMMEDIATELY
22 AFTER RECEIVING A REPORT UNDER SECTION 6353.1 (RELATING TO
23 INVESTIGATION), THE COUNTY AGENCY SHALL NOTIFY THE DEPARTMENT OF
24 THE RECEIPT OF THE REPORT, WHICH IS TO BE FILED IN THE PENDING
25 COMPLAINT FILE AS PROVIDED IN SECTION 6331(1) (RELATING TO
26 ESTABLISHMENT OF PENDING COMPLAINT FILE, STATEWIDE CENTRAL
27 REGISTER AND FILE OF UNFOUNDED REPORTS). THE ORAL REPORT SHALL
28 INCLUDE THE FOLLOWING INFORMATION:
29 (1) THE NAME AND ADDRESS OF THE STUDENT AND THE
30 STUDENT'S PARENT OR GUARDIAN.
20070S0026B2250 - 11 -
1 (2) WHERE THE SUSPECTED ABUSE OR INJURY OCCURRED.
2 (3) THE AGE AND SEX OF THE STUDENT.
3 (4) THE NATURE AND EXTENT OF THE SUSPECTED ABUSE OR
4 INJURY.
5 (5) THE NAME AND HOME ADDRESS OF THE SCHOOL EMPLOYEE
6 ALLEGED TO HAVE COMMITTED THE ABUSE OR INJURY.
7 (6) THE RELATIONSHIP OF THE STUDENT TO THE SCHOOL
8 EMPLOYEE ALLEGED TO HAVE COMMITTED THE ABUSE OR INJURY.
9 (7) THE SOURCE OF THE REPORT TO THE COUNTY AGENCY.
10 (8) THE ACTIONS TAKEN BY THE COUNTY AGENCY, LAW
11 ENFORCEMENT OFFICIALS, PARENTS, GUARDIANS, SCHOOL OFFICIALS
12 OR OTHER PERSONS, INCLUDING THE TAKING OF PHOTOGRAPHS,
13 MEDICAL TESTS AND X-RAYS.
14 (B) INVESTIGATION OF REPORTS.--UPON RECEIPT OF A REPORT
15 UNDER SECTION 6353.1, THE COUNTY AGENCY SHALL COMMENCE, WITHIN
16 THE TIME FRAMES ESTABLISHED IN DEPARTMENT REGULATIONS, AN
17 INVESTIGATION OF THE NATURE, EXTENT AND CAUSE OF ANY ALLEGED
18 ABUSE OR INJURY ENUMERATED IN THE REPORT. THE COUNTY AGENCY
19 SHALL COORDINATE ITS INVESTIGATION TO THE FULLEST EXTENT
20 POSSIBLE WITH LAW ENFORCEMENT OFFICIALS AS PROVIDED IN SECTION
21 6353.1(B).
22 (C) COMPLETION OF INVESTIGATION.--THE INVESTIGATION BY THE
23 COUNTY AGENCY TO DETERMINE WHETHER THE REPORT IS AN INDICATED
24 REPORT FOR SCHOOL EMPLOYEE OR AN UNFOUNDED REPORT SHALL BE
25 COMPLETED WITHIN 60 DAYS.
26 (D) NOTICE TO SUBJECT OF A REPORT.--PRIOR TO INTERVIEWING A
27 SUBJECT OF THE REPORT, THE COUNTY AGENCY SHALL ORALLY NOTIFY THE
28 SUBJECT OF THE REPORT OF THE EXISTENCE OF THE REPORT AND THE
29 SUBJECT'S RIGHTS UNDER THIS CHAPTER IN REGARD TO AMENDMENT OR
30 EXPUNGEMENT. WITHIN 72 HOURS FOLLOWING ORAL NOTIFICATION TO THE
20070S0026B2250 - 12 -
1 SUBJECT, THE COUNTY AGENCY SHALL GIVE WRITTEN NOTICE TO THE
2 SUBJECT. THE NOTICE MAY BE REASONABLY DELAYED IF NOTIFICATION IS
3 LIKELY TO THREATEN THE SAFETY OF THE STUDENT OR THE COUNTY
4 AGENCY WORKER, TO CAUSE THE SCHOOL EMPLOYEE TO ABSCOND OR TO
5 SIGNIFICANTLY INTERFERE WITH THE CONDUCT OF A CRIMINAL
6 INVESTIGATION.
7 (E) RELIANCE ON FACTUAL INVESTIGATION.--THE COUNTY AGENCY
8 MAY RELY ON A FACTUAL INVESTIGATION OF SUBSTANTIALLY THE SAME
9 ALLEGATIONS BY A LAW ENFORCEMENT OFFICIALS TO SUPPORT THE
10 AGENCY'S FINDING. THIS RELIANCE SHALL NOT RELIEVE THE COUNTY
11 AGENCY OF ITS RESPONSIBILITIES RELATING TO THE INVESTIGATION OF
12 REPORTS UNDER THIS SUBCHAPTER.
13 (F) NOTICE TO THE DEPARTMENT OF THE COUNTY AGENCY'S
14 DETERMINATION.--AS SOON AS THE COUNTY AGENCY HAS COMPLETED ITS
15 INVESTIGATION, THE COUNTY AGENCY SHALL ADVISE THE DEPARTMENT AND
16 LAW ENFORCEMENT OFFICIALS OF ITS DETERMINATION OF THE REPORT AS
17 AN INDICATED REPORT FOR SCHOOL EMPLOYEE OR AN UNFOUNDED REPORT.
18 SUPPLEMENTAL REPORTS SHALL BE MADE AT REGULAR INTERVALS
19 THEREAFTER IN A MANNER AND FORM THE DEPARTMENT PRESCRIBES BY
20 REGULATION TO THE END THAT THE DEPARTMENT IS KEPT FULLY INFORMED
21 AND UP-TO-DATE CONCERNING THE STATUS OF THE REPORT.
22 § 6353.3. INFORMATION IN STATEWIDE CENTRAL REGISTER.
23 THE STATEWIDE CENTRAL REGISTER ESTABLISHED UNDER SECTION 6331
24 (RELATING TO ESTABLISHMENT OF PENDING COMPLAINT FILE, STATEWIDE
25 CENTRAL REGISTER AND FILE OF UNFOUNDED REPORTS) SHALL RETAIN
26 ONLY THE FOLLOWING INFORMATION RELATING TO REPORTS OF ABUSE OR
27 INJURY OF A STUDENT BY A SCHOOL EMPLOYEE WHICH HAVE BEEN
28 DETERMINED TO BE A FOUNDED REPORT FOR SCHOOL EMPLOYEE OR AN
29 INDICATED REPORT FOR SCHOOL EMPLOYEE:
30 (1) THE NAMES, SOCIAL SECURITY NUMBERS, AGE AND SEX OF
20070S0026B2250 - 13 -
1 THE SUBJECTS OF THE REPORT.
2 (2) THE HOME ADDRESS OF THE SUBJECTS OF THE REPORT.
3 (3) THE DATE AND THE NATURE AND EXTENT OF THE ALLEGED
4 ABUSE OR INJURY.
5 (4) THE COUNTY AND STATE WHERE THE ABUSE OR INJURY
6 OCCURRED.
7 (5) FACTORS CONTRIBUTING TO THE ABUSE OR INJURY.
8 (6) THE SOURCE OF THE REPORT.
9 (7) WHETHER THE REPORT IS A FOUNDED OR INDICATED REPORT.
10 (8) INFORMATION OBTAINED BY THE DEPARTMENT IN RELATION
11 TO THE SCHOOL EMPLOYEE'S REQUEST TO RELEASE, AMEND OR EXPUNGE
12 INFORMATION RETAINED BY THE DEPARTMENT OR THE COUNTY AGENCY.
13 (9) THE PROGRESS OF ANY LEGAL PROCEEDINGS BROUGHT ON THE
14 BASIS OF THE REPORT.
15 (10) WHETHER A CRIMINAL INVESTIGATION HAS BEEN
16 UNDERTAKEN AND THE RESULT OF THE INVESTIGATION AND OF ANY
17 CRIMINAL PROSECUTION.
18 § 6353.4. OTHER PROVISIONS.
19 THE FOLLOWING PROVISIONS SHALL APPLY TO THE RELEASE AND
20 RETENTION OF INFORMATION BY THE DEPARTMENT AND THE COUNTY AGENCY
21 CONCERNING REPORTS OF ABUSE OR INJURY COMMITTED BY A SCHOOL
22 EMPLOYEE AS PROVIDED BY THIS SUBCHAPTER:
23 SECTION 6336(B) AND (C) (RELATING TO INFORMATION IN
24 STATEWIDE CENTRAL REGISTER).
25 SECTION 6337 (RELATING TO DISPOSITION OF UNFOUNDED
26 REPORTS).
27 SECTION 6338(A) AND (B) (RELATING TO DISPOSITION OF
28 FOUNDED AND INDICATED REPORTS).
29 SECTION 6339 (RELATING TO CONFIDENTIALITY OF REPORTS).
30 SECTION 6340 (RELATING TO RELEASE OF INFORMATION IN
20070S0026B2250 - 14 -
1 CONFIDENTIAL REPORTS).
2 SECTION 6341(A) THROUGH (F) (RELATING TO AMENDMENT OR
3 EXPUNCTION OF INFORMATION).
4 SECTION 6342 (RELATING TO STUDIES OF DATA IN RECORDS).]
5 SECTION 5. REPORTS MADE TO A LAW ENFORCEMENT AGENCY OR A
6 COUNTY AGENCY PRIOR TO THE EFFECTIVE DATE OF THIS SECTION SHALL
7 BE INVESTIGATED UNDER THE FORMER PROVISIONS OF 23 PA.C.S. CH. 63
8 SUBCH. (C.1).
9 SECTION 6. THIS ACT SHALL TAKE EFFECT IN 180 DAYS.
L4L23DMS/20070S0026B2250 - 15 -