1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child protective services, further
3providing for definitions; and providing for a Children's
4Advocate and remedial powers, for response to complaints, for
5cooperation of agencies and providers, for confidentiality of
6investigations and records, for findings and recommendations,
7for protection from retaliation and for nonexclusivity of
8remedy.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1.  Section 6303(a) of Title 23 of the Pennsylvania
12Consolidated Statutes is amended by adding a definition to read:

13§ 6303.  Definitions.

14(a)  General rule.--The following words and phrases when used
15in this chapter shall have the meanings given to them in this
16section unless the context clearly indicates otherwise:

17* * *

18"Children's Advocate."  The Children's Advocate established
19under section 6379.3 (relating to Children's Advocate).

20* * *

1Section 2.  Section 6340(a) of Title 23 is amended by adding
2a paragraph to read:

3§ 6340.  Release of information in confidential reports.

4(a)  General rule.--Reports specified in section 6339
5(relating to confidentiality of reports) shall only be made
6available to:

7* * *

8(18)  The Children's Advocate.

9* * *

10Section 3.  Chapter 63 of Title 23 is amended by adding a
11subchapter to read:

12SUBCHAPTER D.1

13CHILDREN'S ADVOCATE

14Sec.

156379.1.  Scope of subchapter.

166379.2.  Definitions.

176379.3.  Children's Advocate.

186379.4.  Powers and duties of Children's Advocate.

196379.5.  Investigative and remedial powers.

206379.6.  Response to complaints.

216379.7.  Cooperation of agencies and providers.

226379.8.  Confidentiality of investigations and records.

236379.9.  Report of findings and recommendations.

246379.10.  Annual report.

256379.11.  Protection from retaliation.

266379.12.  Obstruction.

276379.13.  Nonexclusivity of remedy.

28§ 6379.1.  Scope of subchapter.

29This subchapter relates to the Children's Advocate.

30§ 6379.2  Definitions.

1The following words and phrases when used in this subchapter
2shall have the meanings given to them in this section unless the
3context clearly indicates otherwise:

4"Administrative agency."  A State or county agency that
5provides services to a child who is the subject of an
6investigation conducted by the Children's Advocate under this
7subchapter.

8"Child welfare services."  Foster homes, adoptive parents,
9boarding homes for children, juvenile detention center services
10or programs for delinquent or dependent children; mental health,
11mental retardation, early intervention and drug and alcohol
12services for children; and other child-care services which are
13provided by or subject to approval, licensure, registration or
14certification by the Department of Public Welfare or a county
15social services agency or which are provided pursuant to a
16contract with these departments or a county social services
17agency. The term does not include such services or programs
18which may be offered by public and private schools, intermediate
19units or area vocational-technical schools.

20"Complainant."  An individual who makes a complaint under
21this subchapter.

22"Remediable action."  An action by an administrative agency
23or an agent of the administrative agency that is:

24(1)  contrary to law, rule or policy;

25(2)  imposed without adequate statement of reason; or

26(3)  based on irrelevant or erroneous grounds.

27§ 6379.3.  Children's Advocate.

28(a)  Establishment.--The Office of Children's Advocate is
29established within the Office of Attorney General.

30(b)  Appointment.--Within 60 days of the effective date of

1this section, the Attorney General shall appoint a Children's
2Advocate, subject to confirmation by a majority of the
3membership of the Senate. The Children's Advocate shall be
4qualified by training and experience to perform the duties and
5exercise the powers of the Children's Advocate as provided in
6this subchapter.

7(c)  Term of office.--The Children's Advocate shall hold
8office for a term of five years and shall continue to hold
9office until a successor is appointed. The Attorney General may
10reappoint the Children's Advocate then serving for one
11additional term, subject to Senate confirmation. A vacancy shall
12be filled by appointment for the remainder of the unexpired
13term. A Children's Advocate who has served part of an unexpired
14term may serve up to two additional terms.

15(d)  Removal.--The Attorney General may remove the Children's
16Advocate only for neglect of duty, misconduct or inability to
17perform duties. The Attorney General shall provide a report to
18the General Assembly citing the reasons for removal.

19(e)  Administrative support.--The Children's Advocate shall
20be established as an entity in the Office of Attorney General
21for purposes of administrative support.

22§ 6379.4.  Powers and duties of Children's Advocate.

23(a)  General rule.--The Children's Advocate shall have the
24following powers and duties:

25(1)  To receive, process and investigate complaints under
26this subchapter.

27(2)  To pursue legislative advocacy in the best interests
28of children.

29(3)  To examine policies and procedures utilized by
30administrative agencies, including investigatory protocols,

1reporting systems and emergency response procedures.

2(4)  To identify and make appropriate recommendations to
3the Governor, the General Assembly, the Supreme Court and the
4Attorney General concerning issues affecting the welfare of
5children.

6(5)  To identify and make appropriate recommendations to
7the department regarding uniformity of procedures utilized by
8administrative agencies.

9(6)  Subject to annual appropriations, to employ
10sufficient personnel to carry out the powers and duties
11prescribed by this subchapter.

12(7)  To manage the expenditure of budgeted funds.

13(8)  To advise the public of services of the advocate,
14the purposes of the Office of Children's Advocate and the
15procedures to contact the Office of Children's Advocate.

16(9)  To prescribe procedures necessary to carry out the
17powers and duties of the Children's Advocate.

18(10)  To issue reports as necessary to carry out the
19powers and duties of the Children's Advocate.

20(b)  Limitation.--The Children's Advocate may not overrule or
21overturn an action by an administrative agency or court.

22§ 6379.5.  Investigative and remedial powers.

23The Children's Advocate may:

24(1)  Investigate alleged remediable actions concerning
25child welfare services throughout this Commonwealth.

26(2)  Investigate received complaints concerning child
27welfare services in this Commonwealth.

28(3)  Investigate complaints involving violations of
29applicable law or regulation or the alleged mismanagement of
30the department or administrative agency which directly or

1indirectly placed a child in danger.

2(4)  Hold informal and formal hearings and request that
3individuals appear before the Children's Advocate and give
4testimony or produce documentary evidence that the Children's
5Advocate considers relevant to a matter under investigation.

6(5)  If necessary, administer oaths and compel the
7attendance of witnesses and production of physical evidence
8by subpoena.

9(6)  Report findings and recommendations under section
106379.9 (relating to report of findings and recommendations).

11§ 6379.6.  Response to complaints.

12(a)  Notice.--

13(1)  If the Children's Advocate decides to investigate a
14complaint, the Children's Advocate shall notify the
15complainant, the department, county agency, provider of child
16welfare services and other interested parties of the decision
17to investigate.

18(2)  If the Children's Advocate declines to investigate a
19complaint or to continue an investigation, the Children's
20Advocate shall notify the complainant and the department,
21county agency, provider of child welfare services and other
22interested parties of the decision and the reasons for the
23Children's Advocate's action.

24(b)  Professional discipline.--

25(1)  If the investigation of a complaint leads the
26Children's Advocate to believe the matter complained of may
27involve professional misconduct, the Children's Advocate
28shall bring the matter to the attention of the licensing
29authorities responsible for professional discipline.

30(2)  If the complaint refers to conduct by a non-

1attorney, guardian ad litem or court-appointed special
2advocate, the Children's Advocate shall perform a preliminary
3investigation and transmit the results of the investigation
4to the court.

5(3)  If the complaint refers to conduct by a licensed
6attorney, the Children's Advocate shall refer the complaint
7to the appropriate office within the Supreme Court.

8(c)  Referrals.--In the case of a complaint brought to the
9attention of the Children's Advocate but not within the
10Children's Advocate's scope of authority under this subchapter,
11the Children's Advocate shall refer the complainant to a person
12or agency with the authority or ability to assist the
13complainant.

14(d)  Alternative responses.--

15(1)  The Children's Advocate shall advise a person making
16a complaint to pursue all administrative remedies or channels
17of complaint available to the person before pursuing a
18complaint with the Children's Advocate.

19(2)  Subsequent to the administrative processing of a
20complaint, the Children's Advocate may conduct further
21investigations.

22(e)  Criminal violations.--

23(1)  If the Children's Advocate finds in the course of an
24investigation that an individual's action is in violation of
25Federal or State criminal law, the Children's Advocate shall
26immediately report that fact to the district attorney or the
27Attorney General.

28(2)  If the complaint is against a provider of child
29welfare services, the Children's Advocate shall refer the
30matter to the department for further action.

1§ 6379.7.  Cooperation of agencies and providers.

2(a)  Investigations.--The department, county agency,
3administrative agency or provider of child welfare services
4shall:

5(1)  Upon the Children's Advocate's request, grant the
6Children's Advocate or the Children's Advocate's designee
7access to all information, records and documents in its
8possession that the Children's Advocate considers necessary
9to the investigation.

10(2)  Assist the Children's Advocate in obtaining the
11necessary releases for those documents that are specifically
12restricted.

13(3)  Provide the Children's Advocate upon request with
14progress reports concerning the administrative processing of
15a complaint.

16(4)  Provide the Children's Advocate with information
17requested within ten business days after the written request
18of the Children's Advocate. If the department determines that
19that release of the information would violate Federal or
20State law, the Children's Advocate shall be notified of that
21determination in writing within the ten-day deadline.

22(b)  Public awareness.--The department, county agency or
23provider of child welfare services shall provide written
24information to children and youth receiving child welfare
25services, a biological parent, prospective adoptive parent and
26foster parent regarding the provisions of this subchapter. The
27Children's Advocate shall develop written materials for public
28distribution regarding the provisions of this subchapter.

29§ 6379.8.  Confidentiality of investigations and records.

30(a)  Matters under investigation.--

1(1)  The Children's Advocate shall treat all matters
2under investigation as confidential, including the identities
3of recipients of information, individuals from whom
4information is acquired and persons seeking assistance from
5the Children's Advocate.

6(2)  Upon receipt of information that by law is
7confidential or privileged, the Children's Advocate shall
8maintain the confidentiality of the information and shall not
9further disclose or disseminate the information except as
10provided by Federal or State law or upon order of a court.

11(b)  Records.--

12(1)  A record of the Office of Children's Advocate is
13confidential, shall be used only for the purposes of this
14subchapter and is not subject to subpoena.

15(2)  Information contained in the records of the
16Children's Advocate may not be disclosed in such a manner as
17to identify individuals, except upon order of a court.

18(3)  The Children's Advocate or other agency may not
19disclose a record of the Children's Advocate or a record
20received from the Children's Advocate under the act of
21February 14, 2008 (P.L.6, No.3), known as the Right-to-Know
22Law, except upon order of a court.

23(4)  No person may disclose any record under this
24subsection without the written consent of the complainant.

25§ 6379.9.  Report of findings and recommendations.

26(a)  Report.--The Children's Advocate shall make a report of
27the findings and recommendations for each investigation.

28(b)  Findings and recommendations.--The Children's Advocate
29shall establish findings and make recommendations to the
30department, the county agency, the provider of child welfare

1services and other appropriate entities if the Children's
2Advocate makes any of the following determinations:

3(1)  A matter should be further considered by the
4department, the county agency or provider of child welfare
5services.

6(2)  An administrative action should be modified or
7canceled.

8(3)  Reasons should be given for an administrative
9action.

10(4)  Other action should be taken by the department, the
11county agency or a provider of child welfare services.

12(c)  Subjects of report.--

13(1)  Before recording or disseminating a conclusion or
14recommendation that expressly or by implication criticizes an
15individual, the department, the county agency or a provider
16of child welfare services, the Children's Advocate shall
17provide the subject of the report with reasonable advance
18notice and an opportunity to respond.

19(2)  When making a report adverse to the department,
20county agency or provider, the Children's Advocate shall
21include in the report any written statement made to the
22Children's Advocate by the department, county agency or
23provider of child welfare services in defense or mitigation
24of the administrative action. The Children's Advocate may
25request to be notified in writing by the department, county
26agency or provider within a specified time of any
27administrative action taken on the recommendations of the
28Children's Advocate.

29(d)  Notice to complainant.--The Children's Advocate shall
30provide a person making a complaint with a copy of the

1Children's Advocate's report regarding the complaint and shall
2notify the person of any action taken by the Children's Advocate
3and by the department, county agency or provider of child
4welfare services. The Children's Advocate may not release to the
5person any report information or other material required to be
6kept confidential under section 6339 (relating to
7confidentiality of reports).

8§ 6379.10.  Annual report.

9(a)  Annual report.--The Children's Advocate shall submit to
10the Governor, the General Assembly, the administrative office of
11the Supreme Court, the Attorney General and the department an
12annual report on the conduct of the Children's Advocate,
13including any recommendations regarding the need for legislation
14or for changes in rules or policies.

15(b)  Contents.--The annual report must include, but not be
16limited to the following:

17(1)  A summary of complaints received, including:

18(i)  the number investigated by county;

19(ii)  the number of children involved in each
20complaint; and

21(iii)  a description of the nature of the complaints
22that were investigated.

23(2)  A summary of actions taken by the Children's
24Advocate, including the number of referrals to other entities
25and a description of the action taken in complaints that were
26investigated.

27(3)  A summary of collaboration with other entities.

28(4)  A summary of the utilization of funds.

29(5)  A summary of public awareness activity under section
306379.7(b) (relating to cooperation of agencies and

1providers).

2§ 6379.11.  Protection from retaliation.

3(a)  General rule.--An official, the department, the county
4agency or a provider of child welfare services may not penalize
5a person for filing a complaint in good faith or cooperating
6with the Children's Advocate in investigating a complaint under
7this subchapter.

8(b)  Penalties.--Violations of subsection (a) shall be
9subject to the penalties contained in section 6 of the act of
10December 12, 1986 (P.L.1559, No.169), known as the Whistleblower
11Law.

12§ 6379.12.  Obstruction.

13(a)  General rule.--An individual, the department, the county
14agency or a provider of child welfare services may not hinder
15the lawful actions of the Children's Advocate or employees or
16designees of the Children's Advocate.

17(b)  Penalties.--Violations of subsection (a) shall be
18subject to the penalties in 18 Pa.C.S. § 5101 (relating to
19obstructing administration of law or other governmental
20function).

21§ 6379.13.  Nonexclusivity of remedy.

22(a)  General rule.--The authority granted the Children's 
23Advocate under this subchapter is in addition to the authority 
24granted under the provisions of:

25(1)  any other statute or rule under which the remedy or
26right of appeal or objection is provided for a person; or

27(2)  any procedure provided for the inquiry into or
28investigation of any matter.

29(b)  Authority of Children's Advocate.--The authority granted
30the Children's Advocate shall not limit or affect the remedy or

1right of appeal or objection and is not an exclusive remedy or
2procedure.

3Section 4.  This act shall take effect immediately.