THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY FONTANA, LOGAN, MELLOW, O'PAKE, STOUT, TARTAGLIONE, WASHINGTON, BOSCOLA, FARNESE, MENSCH, ORIE, WARD, ARGALL, BROWNE, COSTA, RAFFERTY, MUSTO, HUGHES, KASUNIC, BAKER, WAUGH, ALLOWAY, EICHELBERGER, LEACH, VANCE, WILLIAMS, WOZNIAK, GREENLEAF, PIPPY, YAW, D. WHITE, KITCHEN, DINNIMAN AND STACK, FEBRUARY 26, 2010

REFERRED TO AGING AND YOUTH, FEBRUARY 26, 2010  

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, further providing, in child protective

services, for definitions, for persons required to report

suspected child abuse and for reporting procedure; providing

for immunity; and further providing for establishment of

pending complaint file, Statewide central register and file

of unfounded reports, for continuous availability of

department, for disposition of complaints received, for

information in pending complaint and unfounded report files,

for disposition of unfounded reports, for disposition of

founded and indicated reports, for release of information in

confidential reports, for cooperation of other agencies, for

reports to Governor and General Assembly, for students in

public and private schools and for responsibilities of county

agency for child protective status.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definitions of "founded report for school

employee," "indicated report for school employee," "person

responsible for the child's welfare" and "student" in section

6303 of Title 23 of the Pennsylvania Consolidated Statutes are

amended to read:

§ 6303.  Definitions.

(a)  General rule.--The following words and phrases when used

in this chapter shall have the meanings given to them in this

section unless the context clearly indicates otherwise:

* * *

"Founded report for school employee."  A report under former 

Subchapter C.1 (relating to students in public and private

schools) if there has been any judicial adjudication based on a

finding that the victim has suffered serious bodily injury or

sexual abuse or exploitation, including the entry of a plea of

guilty or nolo contendere or a finding of guilt to a criminal

charge involving the same factual circumstances involved in the

allegations of the report.

* * *

"Indicated report for school employee."  A report made under

former Subchapter C.1 (relating to students in public and

private schools) if an investigation by the county agency

determines that substantial evidence of serious bodily injury or

sexual abuse or exploitation exists based on any of the

following:

(1)  Available medical evidence.

(2)  The county agency's investigation.

(3)  An admission of the acts of abuse by the school

employee.

* * *

"Person responsible for the child's welfare."  A person who

provides permanent or temporary care, supervision, mental health

diagnosis or treatment, training or control of a child in lieu

of parental care, supervision and control. The term [does not

include a person who is employed by or provides services or

programs in any public or private school, intermediate unit or

area vocational-technical school] includes a school employee.

* * *

["Student."  An individual enrolled in a public or private

school, intermediate unit or area vocational-technical school

who is under 18 years of age.]

* * *

Section 2.  Sections 6311(c) and 6313(c)(1) of Title 23 are

amended to read:

§ 6311.  Persons required to report suspected child abuse.

* * *

(c)  Staff members of institutions, etc.--Whenever a person

is required to report under subsection (b) in the capacity as a

member of the staff of a medical or other public or private

institution, school, facility or agency, that person shall

immediately notify the person in charge of the institution,

school, facility or agency or the designated agent of the person

in charge, unless the person suspected of child abuse is the

person in charge or the designated agent of the person in

charge. Upon notification, the person in charge or the

designated agent, if any, shall assume the responsibility and

have the legal obligation to report or cause a report to be made

in accordance with section 6313. This chapter does not require

more than one report from any such institution, school, facility

or agency.

* * *

§ 6313.  Reporting procedure.

* * *

(c)  Written reports.--Written reports from persons required

to report under section 6311 shall be made to the appropriate

county agency in a manner and on forms the department prescribes

by regulation. The written reports shall include the following

information if available:

(1)  The names and addresses of the child and the parents

or other person responsible for the care of the child if

known, and the child's disability status.

* * *

Section 3.  Title 23 is amended by adding a section to read:

§ 6320.  Immunity.

Nothing in this chapter may change the sovereign immunity

provisions under 42 Pa.C.S. Ch. 85 (relating to matters

affecting government units).

Section 4.  Sections 6331, 6333, 6334(c), 6335(a), 6337(c),

6338(a), 6340(a)(13), 6346(b) and (c) and 6347 of Title 23 are

amended to read:

§ 6331.  Establishment of pending complaint file, Statewide

central register and file of unfounded reports.

There shall be established in the department:

(1)  A pending complaint file of child abuse reports

under investigation [and a file of reports under

investigation pursuant to Subchapter C.1 (relating to

students in public and private schools)].

(2)  A Statewide central register of child abuse which

shall consist of founded and indicated reports and former

founded reports for school employee and indicated reports for

school employee under former Subchapter C.1 (relating to

students in public and private schools).

(3)  A file of unfounded reports awaiting expunction.

§ 6333.  Continuous availability of department.

The department shall be capable of receiving oral reports of

child abuse made pursuant to this chapter[, reports under

section 6353.2 (relating to responsibilities of county agency)] 

and report summaries of child abuse from county agencies and

shall be capable of immediately identifying prior reports of

child abuse [and prior reports of abuse or injury under

Subchapter C.1 (relating to students in public and private

schools)] in the Statewide central register and reports under

investigation in the pending complaint file and of monitoring

the provision of child protective services 24 hours a day, seven

days a week.

§ 6334.  Disposition of complaints received.

* * *

(c)  Recording in pending complaint file.--Upon receipt of a

complaint of suspected child abuse, the department shall

maintain a record of the complaint of suspected child abuse in

the pending complaint file. [Upon receipt of a report under

section 6353.2 (relating to responsibilities of county agency),

the department shall maintain a record of the report in the

report file under section 6331 (relating to establishment of

pending complaint file, Statewide central register and file of

unfounded reports).]

* * *

§ 6335.  Information in pending complaint and unfounded report

files.

(a)  Information authorized.--The information contained in

the pending complaint file shall be limited to the information

required in [sections] section 6313(c) (relating to reporting

procedure) [and 6353.2 (relating to responsibilities of county

agency)]. The information contained in the file for unfounded

reports shall be limited to the information required by section

6336 (relating to information in Statewide central register).

* * *

§ 6337.  Disposition of unfounded reports.

* * *

(c)  Expunction of information.--All information identifying

the subjects of any report of suspected child abuse [and of any

report under Subchapter C.1 (relating to students in public and

private schools)] determined to be an unfounded report shall be

expunged from the pending complaint file pursuant to this

section. The expunction shall be mandated and guaranteed by the

department.

§ 6338.  Disposition of founded and indicated reports.

(a)  General rule.--When a report of suspected child abuse

[or a report under Subchapter C.1 (relating to students in

public and private schools)] is determined by the appropriate

county agency to be a founded report or an indicated report, the

information concerning that report of suspected child abuse

shall be expunged immediately from the pending complaint file,

and an appropriate entry shall be made in the Statewide central

register. Notice of the determination must be given to the

subjects of the report, other than the abused child, and to the

parent or guardian of the affected child or student along with

an explanation of the implications of the determination. Notice

given to perpetrators of child abuse [and to school employees

who are subjects of indicated reports for school employees or

founded reports for school employees] shall include notice that

their ability to obtain employment in a child-care facility or

program or a public or private school may be adversely affected

by entry of the report in the Statewide central register. The

notice shall also inform the recipient of [his] the right,

within 45 days after being notified of the status of the report,

to appeal an indicated report, and [his] the right to a hearing

if the request is denied.

* * *

§ 6340.  Release of information in confidential reports.

(a)  General rule.--Reports specified in section 6339

(relating to confidentiality of reports) shall only be made

available to:

* * *

[(13)  Persons required to make reports under Subchapter

C.1 (relating to students in public and private schools).

Information under this paragraph shall be limited to the

final status of the report following the investigation as to

whether the report is indicated, founded or unfounded.]

* * *

§ 6346.  Cooperation of other agencies.

* * *

(b)  Willful failure to cooperate.--Any agency, school

district or facility or any person acting on behalf of an

agency, school district or facility that violates this section

by willfully failing to cooperate with the department or a

county agency when investigating a report of suspected child

abuse [or a report under Subchapter C.1 (relating to students in

public and private schools)] or when assessing risk to a child

commits a summary offense for a first violation and a

misdemeanor of the third degree for subsequent violations.

(c)  Cooperation of county agency and law enforcement

agencies.--Consistent with the provisions of this chapter, the

county agency and law enforcement agencies shall cooperate and

coordinate, to the fullest extent possible, their efforts to

respond to and investigate reports of suspected child abuse [and

to reports under Subchapter C.1].

* * *

§ 6347.  Reports to Governor and General Assembly.

(a)  General rule.--No later than May 1 of every year, the

secretary shall prepare and transmit to the Governor and the

General Assembly a report on the operations of the central

register of child abuse and child protective services provided

by county agencies. The report shall include a full statistical

analysis of the reports of suspected child abuse made to the

department [and the reports under Subchapter C.1 (relating to

students in public and private schools)], together with a report

on the implementation of this chapter and its total cost to the

Commonwealth, the evaluation of the secretary of services

offered under this chapter and recommendations for repeal or for

additional legislation to fulfill the purposes of this chapter.

All such recommendations should contain an estimate of increased

or decreased costs resulting therefrom. The report shall also

include an explanation of services provided to children who were

the subjects of founded or indicated reports while receiving

child-care services. The department shall also describe its

actions in respect to the perpetrators of the abuse.

(b)  Reports from county agencies.--To assist the department

in preparing its annual report and the quarterly reports

required under subsection (c), each county agency shall submit a

quarterly report to the department, including, at a minimum, the

following information, on an aggregate basis, regarding general

protective services[,] and child protective services [and action

under Subchapter C.1]:

(1)  The number of referrals received and referrals

accepted.

(2)  The number of children over whom the agency

maintains continuing supervision.

(3)  The number of cases which have been closed by the

agency.

(4)  The services provided to children and their

families.

(5)  A summary of the findings with nonidentifying

information about each case of child abuse or neglect which

has resulted in a child fatality or near fatality.

(c)  Quarterly reports.--The department shall prepare and

transmit to the Governor and the General Assembly a quarterly

report that includes a summary of the findings with

nonidentifying information about each case of child abuse or

neglect that has resulted in a child fatality or near fatality.

One of the quarterly reports may be included within the annual

report required under subsection (a).

Section 5.  Subchapter C.1 of Chapter 63 of Title 23 is

repealed:

[SUBCHAPTER C.1

STUDENTS IN PUBLIC AND PRIVATE SCHOOLS

§ 6351.  Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Administrator."  The person responsible for the

administration of a public or private school, intermediate unit

or area vocational-technical school. The term includes an

independent contractor.

§ 6352.  School employees.

(a)  Requirement.--

(1)  Except as provided in paragraph (2), a school

employee who has reasonable cause to suspect, on the basis of

professional or other training and experience, that a student

coming before the school employee in the employee's

professional or official capacity is a victim of serious

bodily injury or sexual abuse or sexual exploitation by a

school employee shall immediately contact the administrator.

(2)  If the school employee accused of seriously injuring

or sexually abusing or exploiting a student is the

administrator, the school employee who has reasonable cause

to suspect, on the basis of professional or other training

and experience, that a student coming before the school

employee in the employee's professional or official capacity

is a victim of serious bodily injury or sexual abuse or

sexual exploitation shall immediately report to law

enforcement officials and the district attorney under section

6353(a) (relating to administration). If an administrator is

the school employee who suspects injury or abuse, the

administrator shall make a report under section 6353(a).

(3)  The school employee may not reveal the existence or

content of the report to any other person.

(b)  Immunity.--A school employee who refers a report under

subsection (a) shall be immune from civil and criminal liability

arising out of the report.

(c)  Criminal penalty.--

(1)  A school employee who willfully violates subsection

(a) commits a summary offense.

(2)  A school employee who, after being sentenced under

paragraph (1), violates subsection (a) commits a misdemeanor

of the third degree.

§ 6353.  Administration.

(a)  Requirement.--An administrator and a school employee

governed by section 6352(a)(2) (relating to school employees)

shall report immediately to law enforcement officials and the

appropriate district attorney any report of serious bodily

injury or sexual abuse or sexual exploitation alleged to have

been committed by a school employee against a student.

(b)  Report.--A report under subsection (a) shall include the

following information:

(1)  Name, age, address and school of the student.

(2)  Name and address of the student's parent or

guardian.

(3)  Name and address of the administrator.

(4)  Name, work and home address of the school employee.

(5)  Nature of the alleged offense.

(6)  Any specific comments or observations that are

directly related to the alleged incident and the individuals

involved.

(c)  Immunity.--An administrator who makes a report under

subsection (a) shall be immune from civil or criminal liability

arising out of the report.

(d)  Criminal penalty.--An administrator who willfully

violates subsection (a) commits a misdemeanor of the third

degree.

§ 6353.1.  Investigation.

(a)  General rule.--Upon receipt of a report under section

6353 (relating to administration), an investigation shall be

conducted by law enforcement officials, in cooperation with the

district attorney, and a determination made as to what criminal

charges, if any, will be filed against the school employee.

(b)  Referral to county agency.--

(1)  If local law enforcement officials have reasonable

cause to suspect on the basis of initial review that there is

evidence of serious bodily injury, sexual abuse or sexual

exploitation committed by a school employee against a

student, local law enforcement officials shall notify the

county agency in the county where the alleged abuse or injury

occurred for the purpose of the agency conducting an

investigation of the alleged abuse or injury.

(2)  To the fullest extent possible, law enforcement

officials and the county agency shall coordinate their

respective investigations. In respect to interviews with the

student, law enforcement officials and the county agency

shall conduct joint interviews. In respect to interviews with

the school employee, law enforcement officials shall be given

an opportunity to interview the school employee prior to the

employee having any contact with the county agency.

(3)  The county agency and law enforcement officials have

the authority to arrange for photographs, medical tests or X-

rays of a student alleged to have been abused or injured by a

school employee. The county agency and law enforcement

officials shall coordinate their efforts in this regard and,

to the fullest extent possible, avoid the duplication of any

photographs, medical tests or X-rays.

(4)  Law enforcement officials and the county agency

shall advise each other of the status and findings of their

respective investigations on an ongoing basis.

§ 6353.2.  Responsibilities of county agency.

(a)  Information for the pending complaint file.--Immediately

after receiving a report under section 6353.1 (relating to

investigation), the county agency shall notify the department of

the receipt of the report, which is to be filed in the pending

complaint file as provided in section 6331(1) (relating to

establishment of pending complaint file, Statewide central

register and file of unfounded reports). The oral report shall

include the following information:

(1)  The name and address of the student and the

student's parent or guardian.

(2)  Where the suspected abuse or injury occurred.

(3)  The age and sex of the student.

(4)  The nature and extent of the suspected abuse or

injury.

(5)  The name and home address of the school employee

alleged to have committed the abuse or injury.

(6)  The relationship of the student to the school

employee alleged to have committed the abuse or injury.

(7)  The source of the report to the county agency.

(8)  The actions taken by the county agency, law

enforcement officials, parents, guardians, school officials

or other persons, including the taking of photographs,

medical tests and X-rays.

(b)  Investigation of reports.--Upon receipt of a report

under section 6353.1, the county agency shall commence, within

the time frames established in department regulations, an

investigation of the nature, extent and cause of any alleged

abuse or injury enumerated in the report. The county agency

shall coordinate its investigation to the fullest extent

possible with law enforcement officials as provided in section

6353.1(b).

(c)  Completion of investigation.--The investigation by the

county agency to determine whether the report is an indicated

report for school employee or an unfounded report shall be

completed within 60 days.

(d)  Notice to subject of a report.--Prior to interviewing a

subject of the report, the county agency shall orally notify the

subject of the report of the existence of the report and the

subject's rights under this chapter in regard to amendment or

expungement. Within 72 hours following oral notification to the

subject, the county agency shall give written notice to the

subject. The notice may be reasonably delayed if notification is

likely to threaten the safety of the student or the county

agency worker, to cause the school employee to abscond or to

significantly interfere with the conduct of a criminal

investigation.

(e)  Reliance on factual investigation.--The county agency

may rely on a factual investigation of substantially the same

allegations by a law enforcement officials to support the

agency's finding. This reliance shall not relieve the county

agency of its responsibilities relating to the investigation of

reports under this subchapter.

(f)  Notice to the department of the county agency's

determination.--As soon as the county agency has completed its

investigation, the county agency shall advise the department and

law enforcement officials of its determination of the report as

an indicated report for school employee or an unfounded report.

Supplemental reports shall be made at regular intervals

thereafter in a manner and form the department prescribes by

regulation to the end that the department is kept fully informed

and up-to-date concerning the status of the report.

§ 6353.3.  Information in Statewide central register.

The Statewide central register established under section 6331

(relating to establishment of pending complaint file, Statewide

central register and file of unfounded reports) shall retain

only the following information relating to reports of abuse or

injury of a student by a school employee which have been

determined to be a founded report for school employee or an

indicated report for school employee:

(1)  The names, Social Security numbers, age and sex of

the subjects of the report.

(2)  The home address of the subjects of the report.

(3)  The date and the nature and extent of the alleged

abuse or injury.

(4)  The county and state where the abuse or injury

occurred.

(5)  Factors contributing to the abuse or injury.

(6)  The source of the report.

(7)  Whether the report is a founded or indicated report.

(8)  Information obtained by the department in relation

to the school employee's request to release, amend or expunge

information retained by the department or the county agency.

(9)  The progress of any legal proceedings brought on the

basis of the report.

(10)  Whether a criminal investigation has been

undertaken and the result of the investigation and of any

criminal prosecution.

§ 6353.4.  Other provisions.

The following provisions shall apply to the release and

retention of information by the department and the county agency

concerning reports of abuse or injury committed by a school

employee as provided by this subchapter:

Section 6336(b) and (c) (relating to information in

Statewide central register).

Section 6337 (relating to disposition of unfounded

reports).

Section 6338(a) and (b) (relating to disposition of

founded and indicated reports).

Section 6339 (relating to confidentiality of reports).

Section 6340 (relating to release of information in

confidential reports).

Section 6341(a) through (f) (relating to amendment or

expunction of information).

Section 6342 (relating to studies of data in records).]

Section 6.  Section 6362(c) of Title 23 is amended to read:

§ 6362.  Responsibilities of county agency for child protective

services.

* * *

(c)  Action by agencies for abuse by agents or employees.--

Where suspected child abuse has occurred and an employee or

agent of the department or the county agency or a private or

public institution is a subject of the report, the department,

agency or institution shall be informed of the investigation so

that it may take appropriate action. When the suspected abuse

concerns a child with a disability, the county agency shall

additionally inform the State protection and advocacy system of

the investigation and the substance of the complaint.

* * *

Section 7.  Reports made to a law enforcement agency or a

county agency prior to the effective date of this section shall

be investigated under the former provisions of 23 Pa.C.S. Ch. 63

Subch. C.1.

Section 8.  This act shall take effect in 180 days.