THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HARHART, TOEPEL, WAGNER, REICHLEY, BISHOP, BRENNAN, DALEY, DAVIS, DeLUCA, DONATUCCI, GEIST, GIBBONS, GOODMAN, GROVE, HAHN, HORNAMAN, JOHNSON, JOSEPHS, KULA, MAHONEY, MANN, MILLARD, MILLER, MOUL, MURPHY, MURT, MYERS, RAPP, READSHAW, SCAVELLO, TAYLOR AND YOUNGBLOOD, JUNE 25, 2011

REFERRED TO COMMITTEE ON JUDICIARY, JUNE 25, 2011  

AN ACT

Amending Titles 23 (Domestic Relations) and 42 (Judiciary and

Judicial Procedure) of the Pennsylvania Consolidated

Statutes, further providing for multidisciplinary team;

establishing the Child Abuse Multidisciplinary Response

Account; providing for additional duties of the Department of

Public Welfare and for distribution of funds; and further

providing for deposits into account.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6365(b) of Title 23 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 6365.  Services for prevention, investigation and treatment of

child abuse.

* * *

(b)  Multidisciplinary team.--The county agency shall make

available among its services a multidisciplinary team for the

prevention, investigation and treatment of child abuse and shall

convene the multidisciplinary team at any time, but not less

than annually:

(1)  To review substantiated cases of child abuse,

including responses by the county agency and other agencies

providing services to the child.

(2)  Where appropriate to assist in the development of a

family service plan for the child.

(3)  When appropriate to endorse an applicant seeking to

qualify for funding through the Child Abuse Multidisciplinary

Response Account pursuant to Subchapter F (relating to

multidisciplinary response to child abuse).

* * *

Section 2.  Chapter 63 of Title 23 is amended by adding a

subchapter to read:

SUBCHAPTER F

MULTIDISCIPLINARY RESPONSE TO CHILD ABUSE

Sec.

6391.  Short title of subchapter.

6392.  Declaration.

6393.  Definitions.

6394.  Additional eligibility requirements.

6395.  Establishment of Child Abuse Multidisciplinary Response

Account.

6396.  Purpose of account.

§ 6391.  Short title of subchapter.

This subchapter shall be known and may be cited as the

Children's Advocacy Center Funding Act.

§ 6392.  Declaration.

The General Assembly finds and declares as follows:

(1)  That the protection of children who have been abused

or neglected and who may be further threatened by the conduct

of persons responsible for their health, safety or welfare is

of paramount importance.

(2)  That in responding to a report of child abuse, the

best interests of the child shall be the highest priority.

(3)  That the best interests of a child who has been

abused or neglected are best met utilizing a

multidisciplinary response.

(4)  That a multidisciplinary response that effectively

utilizes the full panoply of services available through a

children's advocacy center provides a community-based,

comprehensive and coordinated child abuse intervention to

ensure that throughout the investigation and the ongoing

delivery of medical, social, legal and advocacy services to

the child, the child's best interests remain the priority.

§ 6393.  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:

"Account" or "CAMRA."  The Child Abuse Multidisciplinary

Response Account established in section 6395(a) (relating to

establishment of Child Abuse Multidisciplinary Response

Account).

"Child abuse."  As defined in section 6303(b) (relating to

definitions), except that the term shall not be limited to acts

or omissions committed or alleged to have been committed by a

perpetrator.

"Eligible applicant."  A county agency and an applicant

endorsed by the county's multidisciplinary team and district

attorney.

"Lobbying activities."  Any effort to influence Federal,

State or local legislative or administrative action, including,

but not limited to, activities intended to influence the

issuance, amendment or revocation of any executive or

administrative order or regulation of a Federal, State or local

agency, or to influence the introduction, amendment, passage or

defeat of any legislation by the Congress of the United States

or by any State or local legislative body.

"Multidisciplinary response."  A response to suspected child

abuse in which child protective services, law enforcement,

prosecution, victim support and advocacy agencies and medical

and mental health professionals cooperate pursuant to a written

protocol to provide coordinated intervention that assures that

children are connected to services that are necessary to provide

for their safety, health and well-being, and that as part of the

coordinated response, children are interviewed regarding the

suspected child abuse in a coordinated and child-focused manner

to avoid duplication of fact-finding and to minimize additional

trauma to the child.

"Multidisciplinary team."  A multidisciplinary team

established in a county as required by section 6365 (relating to

services for prevention, investigation and treatment of child

abuse).

§ 6394.  Additional eligibility requirements.

(a)  Criteria.--The district attorney shall develop criteria

for use by the multidisciplinary team in determining whether an

applicant should be endorsed by the multidisciplinary team

pursuant to section 6365(b)(3) (relating to services for

prevention, investigation and treatment of child abuse). The

criteria may include whether an applicant meets or is striving

to meet national or State standards for accreditation as a

children's advocacy center.

(b)  Procedure.--The following apply:

(1)  An applicant must be endorsed by the

multidisciplinary team and district attorney in order for the

applicant to receive funds under this subchapter. The

district attorney and the multidisciplinary team shall make a

decision regarding whether to endorse an applicant by

applying the criteria developed by the district attorney

under subsection (a). In no case shall the department

disburse funds to an applicant that has not been endorsed by

the district attorney and multidisciplinary team.

(2)  Once endorsed by the district attorney and

multidisciplinary team, the county agency and applicant shall

be deemed an eligible applicant. The eligible applicant shall

file a joint application with the department for funding

under this subchapter.

(3)  In a county of the first or second class there shall

be no more than two eligible applicants in each county, and

in all other classes of counties there shall be no more than

one eligible applicant per county.

(4)  The department shall administer the account and

establish procedures for approving applications submitted by

eligible applicants and for distributing funds to eligible

applicants pursuant to this section.

§ 6395.  Establishment of Child Abuse Multidisciplinary Response

Account.

(a)  Establishment.--There is established in the State

Treasury a nonlapsing restricted receipt account to be known as

the Child Abuse Multidisciplinary Response Account (CAMRA) for

the deposit of the additional fees as provided in 42 Pa.C.S. §

3733(a.1)(2)(iv) (relating to deposits into account).

(b)  Additional resources.--If additional Federal resources

are made available for purposes in accordance with this

subchapter, every effort shall be made to include children's

advocacy centers in the funding plans submitted by the

department to the Federal Government.

§ 6396.  Purpose of account.

(a)  Permitted use.--

(1)  Except as provided in subsection (b), all money in

the account and any investment income accrued shall be used

exclusively to provide additional resources to eligible

applicants in the form of nonmatching grants.

(2)  Additional Federal resources made available under

section 6395(b) (relating to establishment of Child Abuse

Multidisciplinary Response Account) shall be utilized in

accordance with federally approved funding plans that were

submitted by the department under section 6395(b).

(b)  Additional permitted use.--In addition to subsection

(a), money in the account shall be used for the following

purposes:

(1)  To reimburse the department for any initial actual

costs necessary to implement this subchapter. The department

shall be reimbursed before distributing any funds to eligible

applicants.

(2)  To reimburse the department annually for actual

costs when fulfilling its duties under this subchapter. In no

case may the department annually receive more than 2% of the

funds deposited in the account.

(c)  Appropriation.--All money deposited in the Child Abuse

Multidisciplinary Response Account, and any investment income

accrued is annually appropriated to the department for the

purposes set forth in this section. Distribution shall be made

annually upon requisition of the secretary.

(d)  Grants.--Funds from the account shall be disbursed to

all eligible applicants that apply, to the extent that funds are

available in the account. No more than 20% of the funds in the

account annually shall be granted to one eligible applicant. For

the first three years after the account is established, the

department shall endeavor to grant 20% of the account to

eligible applicants working to establish children's advocacy

centers in counties not yet served by a children's advocacy

center.

(e)  Prohibited use.--Recipients of funds under this

subchapter are prohibited from using these funds to contribute

to or be made available to any political party or association or

the campaign of any candidate for public or party office or

similar political activities or to support or oppose candidates

for public or party office or to support or oppose any ballot

questions or to engage in lobbying activities, except that a

recipient of funds may engage in lobbying activities in response

to a request from a governmental agency, legislative body,

committee, member or staff thereof made to the recipient.

Section 3.  Section 3733(a.1) of Title 42 is amended to read:

§ 3733.  Deposits into account.

* * *

(a.1)  Additional fees.--

(1)  In addition to the court costs and filing fees

authorized to be collected by statute:

(i)  An additional fee of [$10] $12 shall be charged

and collected by the prothonotaries of the Pennsylvania

Supreme, Superior and Commonwealth Courts for each

initial filing for which a fee, charge or cost is now

authorized.

(ii)  An additional fee of $10 shall be charged and

collected by the prothonotaries, clerks of orphans'

courts and registers of wills of all courts of common

pleas, or by any officials designated to perform the

functions thereof, for the initiation of any civil action

or legal proceeding.

(iii)  An additional fee of [$10] $12 shall be

charged by the clerks of courts of all courts of common

pleas, or by any officials designated to perform the

functions thereof, for the initiation of any criminal

proceeding for which a fee, charge or cost is now

authorized and a conviction is obtained or guilty plea is

entered. The additional fee under this subparagraph shall

also be charged and collected when a defendant is granted

entry into Accelerated Rehabilitative Disposition or any

other pretrial diversionary program.

(iv)  An additional fee of $10 shall be charged and

collected by the minor judiciary, including magisterial

district judges, Philadelphia Municipal Court,

Philadelphia Traffic Court and Pittsburgh  Municipal 

Court, for the initiation of a legal proceeding for which

a fee or cost is now authorized, except that in criminal,

summary and traffic matters the fee shall be charged only

when a conviction is obtained or guilty plea is entered.

The additional fee under this subparagraph shall also be

charged and collected when a defendant is granted entry

into Accelerated Rehabilitative Disposition or any other

pretrial diversionary program.

(v)  An additional fee of $10 shall be charged and

collected by the recorders of deeds and clerks of court,

or by any officials designated to perform similar

functions, for each filing of a deed, mortgage or

property transfer for which a fee, charge or cost is now

authorized. The Supreme Court shall designate by

financial regulations which filings meet the criteria of

this subparagraph.

(2)  The additional fees identified in paragraph (1)

shall be fixed and charged for the fiscal years as indicated:

(i)  For the fiscal year 2002-2003, $9 of each

additional fee shall be deposited into the Judicial

Computer System Augmentation Account, and $1 of each

additional fee shall be deposited into the Access to

Justice Account under section 4904 (relating to

establishment of Access to Justice Account).

(ii)  For the fiscal years 2003-2004 and 2004-2005,

$8.50 of each additional fee shall be deposited into the

Judicial Computer System Augmentation Account, and $1.50

of each additional fee shall be deposited into the Access

to Justice Account under section 4904.

(iii)  For the fiscal year 2005-2006 and each fiscal

year thereafter, except as provided in subparagraph (iv),

$8 of each additional fee shall be deposited into the

Judicial Computer System Augmentation Account, and $2 of

each additional fee shall be deposited into the Access to

Justice Account under section 4904.

(iv)  Each additional fee collected in paragraph (1)

(i) and (ii) shall be deposited as follows:

(A)  $8 of the additional fee shall be deposited

into the Judicial Computer System Augmentation

Account;

(B)  $2 of the additional fee shall be deposited

into the Access to Justice Account under section

4904; and

(C)  $2 of the additional fee shall be deposited

into the Child Abuse Multidisciplinary Response

Account established under 23 Pa.C.S. § 6395 (relating

to establishment of Child Abuse Multidisciplinary

Response Account).

(3)  The moneys charged and collected under this

subsection shall be paid to the court imposing the fee, which

shall transfer the moneys to the Department of Revenue for

deposit into the appropriate account. For the purposes of

paragraph (1)(v), the court shall be the court of common

pleas.

Section 4.  This act shall take effect in 90 days.