1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child protective services, further
3providing for definitions; providing for advanced 
4communication technologies and for regulations; further 
5providing for persons required to report suspected child 
6abuse, for reporting procedure, for photographs, medical 
7tests and X-rays of child subject to report, for 
8establishment of Statewide toll-free telephone number, for 
9continuous availability of Department of Public Welfare and 
10for disposition of complaints received; providing for 
11responsibility for investigation; and further providing for 
12information in Statewide central register and for continuous 
13availability to receive reports.

14The General Assembly of the Commonwealth of Pennsylvania
15hereby enacts as follows:

16Section 1. Section 6303(a) of Title 23 of the Pennsylvania
17Consolidated Statutes is amended by adding definitions to read:

18§ 6303. Definitions.

19(a) General rule.--The following words and phrases when used
20in this chapter shall have the meanings given to them in this
21section unless the context clearly indicates otherwise:

22* * *

1"Advanced communication technologies." The transfer of
2information in whole or in part by technology having electrical,
3digital, magnetic, wireless, optical, electromagnetic, photo
4electronic or photo-optical systems or similar capabilities. The
5term includes, but is not limited to, e-mail, Internet
6communication or other means of electronic transmission.

7* * *

8"Mandated reporter." A person required to report suspected
9child abuse under section 6311 (relating to persons required to
10report suspected child abuse).

11* * *

12Section 2. Title 23 is amended by adding sections to read:

13§ 6304. Advanced communication technologies.

14(a) Departmental procedures.--The department shall establish
15procedures for the secure and confidential use of advanced
16communication technologies for the transmission of information
17under this chapter, including:

18(1) the filing of reports and other required records;
19and

20(2) the verification of records and signatures on forms.

21(b) Confirmation of reports.--A confirmation by the
22department of the receipt of a report of suspected child abuse
23submitted by advanced communication technologies shall relieve
24the person making the report of making an additional oral or
25written report of suspected child abuse.

26(c) Effect on other law.--

27(1) Nothing in this chapter shall be construed to
28supersede the provisions of the act of December 16, 1999
29(P.L.971, No.69), known as the Electronic Transactions Act.

30(2) Any procedures developed by the department under

1this section shall comply with all applicable Federal and
2State laws regarding the confidentiality of personally
3identifiable information.

4§ 6305. Regulations.

5The department shall promulgate regulations necessary to
6implement this chapter.

7Section 3. Sections 6311(c), 6313, 6314, 6332(a), 6333 and
86334 of Title 23 are amended to read:

9§ 6311. Persons required to report suspected child abuse.

10* * *

11(c) Staff members of institutions, etc.--Whenever a person
12is required to report under subsection (b) in the capacity as a
13member of the staff of a medical or other public or private
14institution, school, facility or agency, that person shall 
15report in accordance with section 6313 and shall immediately
16notify the person in charge of the institution, school, facility
17or agency or the designated agent of the person in charge. Upon
18notification, the person in charge or the designated agent, if
19any, shall assume the responsibility [and have the legal
20obligation to report or cause a report to be made in accordance
21with section 6313] for facilitating the cooperation of the 
22institution, school facility or agency with the investigation of 
23the report. This chapter does not require more than one report
24from any such institution, school, facility or agency.

25* * *

26§ 6313. Reporting procedure.

27[(a) General rule.--Reports from persons required to report
28under section 6311 (relating to persons required to report
29suspected child abuse) shall be made immediately by telephone
30and in writing within 48 hours after the oral report.

1(b) Oral reports.--Oral reports shall be made to the
2department pursuant to Subchapter C (relating to powers and
3duties of department) and may be made to the appropriate county
4agency. When oral reports of suspected child abuse are initially
5received at the county agency, the protective services staff
6shall, after seeing to the immediate safety of the child and
7other children in the home, immediately notify the department of
8the receipt of the report, which is to be held in the pending
9complaint file as provided in Subchapter C. The initial child
10abuse report summary shall be supplemented with a written report
11when a determination is made as to whether a report of suspected
12child abuse is a founded report, an unfounded report or an
13indicated report.

14(c) Written reports.--Written reports from persons required
15to report under section 6311 shall be made to the appropriate
16county agency in a manner and on forms the department prescribes
17by regulation. The written reports shall include the following
18information if available:

19(1) The names and addresses of the child and the parents
20or other person responsible for the care of the child if
21known.

22(2) Where the suspected abuse occurred.

23(3) The age and sex of the subjects of the report.

24(4) The nature and extent of the suspected child abuse,
25including any evidence of prior abuse to the child or
26siblings of the child.

27(5) The name and relationship of the person or persons
28responsible for causing the suspected abuse, if known, and
29any evidence of prior abuse by that person or persons.

30(6) Family composition.

1(7) The source of the report.

2(8) The person making the report and where that person
3can be reached.

4(9) The actions taken by the reporting source, including
5the taking of photographs and X-rays, removal or keeping of
6the child or notifying the medical examiner or coroner.

7(10) Any other information which the department may
8require by regulation.

9(d) Failure to confirm oral report.--The failure of a person
10reporting cases of suspected child abuse to confirm an oral
11report in writing within 48 hours shall not relieve the county
12agency from any duties prescribed by this chapter. In such
13event, the county agency shall proceed as if a written report
14were actually made.]

15(a) Report by mandated reporter.--

16(1) A report of suspected child abuse by or on behalf of
17a mandated reporter shall be made immediately to the
18department by telephone or advanced communication
19technologies.

20(2) A mandated reporter making an oral report of
21suspected child abuse shall also make a report in writing or
22by advanced communication technologies within 48 hours to the
23county agency assigned to the case in a manner and format
24that the department prescribes by regulation.

25(3) The failure of the mandated reporter to file the
26report in writing or by advanced communication technologies
27as set forth in paragraph (2) shall not relieve the county
28agency from any duty under this chapter, and the county
29agency shall proceed as though the mandated reporter complied
30with paragraph (2).

1(b) Permissive report.--A report of suspected child abuse by
2a person under section 6312 (relating to persons permitted to
3report suspected child abuse) may be made orally or by advanced
4communication technologies to the department or county agency or
5to law enforcement.

6(c) Contents of report.--A report of suspected child abuse
7that is made in writing or by advanced communication
8technologies shall include the following information, if known:

9(1) The names and addresses of the child, the child's
10parents and any other person responsible for the child's
11welfare.

12(2) Where the suspected abuse occurred.

13(3) The age and sex of each subject of the report.

14(4) The nature and extent of the suspected child abuse,
15including any evidence of prior abuse to the child or any
16sibling of the child.

17(5) The name and relationship of each individual
18responsible for causing the suspected abuse and any evidence
19of prior abuse by each such individual.

20(6) Family composition.

21(7) The source of the report.

22(8) The person making the report and where that person
23can be reached.

24(9) The actions taken by the person making the report,
25including those actions taken under section 6314 (relating to
26photographs, medical tests and X-rays of child subject to
27report), 6315 (relating to taking child into protective
28custody), 6316 (relating to admission to private and public
29hospitals) or 6317 (relating to mandatory reporting and
30postmortem investigation of deaths).

1(10) Any other information that the department requires
2by regulation.

3§ 6314. Photographs, medical tests and X-rays of child subject
4to report.

5A person or official required to report cases of suspected
6child abuse may take or cause to be taken photographs of the
7child who is subject to a report and, if clinically indicated,
8cause to be performed a radiological examination and other
9medical tests on the child. Medical summaries or reports of the
10photographs, X-rays and relevant medical tests taken shall be
11sent to the county agency at the time the written report is sent
12or within 48 hours after a report is made by advanced 
13communication technologies or as soon thereafter as possible.
14The county agency shall have access to actual photographs or
15duplicates and X-rays and may obtain them or duplicates of them
16upon request.

17§ 6332. Establishment of Statewide toll-free telephone number.

18(a) General rule.--The department shall establish a single
19Statewide toll-free telephone number that all persons, whether
20mandated by law or not, may use to report cases of suspected
21child abuse. A county agency or law enforcement personnel shall
22use the Statewide toll-free telephone number or advanced 
23communication technologies for determining the existence of
24prior founded or indicated reports of child abuse in the
25Statewide central register or reports under investigation in the
26pending complaint file.

27* * *

28§ 6333. Continuous availability of department.

29The department shall be capable of receiving oral reports of
30child abuse [made] and reports made by advanced communication 

1technologies pursuant to this chapter, reports under section
26353.2 (relating to responsibilities of county agency) and
3report summaries of child abuse from county agencies and shall
4be capable of immediately identifying prior reports of child
5abuse and prior reports of abuse or injury under Subchapter C.1
6(relating to students in public and private schools) in the
7Statewide central register and reports under investigation in
8the pending complaint file and of monitoring the provision of
9child protective services 24 hours a day, seven days a week.

10§ 6334. Disposition of complaints received.

11[(a) Notice to county agency.--Upon receipt of a complaint
12of suspected child abuse, the department shall immediately
13transmit orally to the appropriate county agency notice that the
14complaint of suspected child abuse has been received and the
15substance of the complaint. If the Statewide central register or
16the pending complaint file contains information indicating a
17prior report or a current investigation concerning a subject of
18the report, the department shall immediately notify the
19appropriate county agency of this fact. The appropriate county
20agency shall mean the agency in the county where the suspected
21child abuse occurred. If the residency of the subjects is a
22factor that requires the cooperation of more than one county
23agency, the department shall develop regulations to ensure the
24cooperation of those agencies in carrying out the requirements
25of this chapter.

26(b) Referral for services or investigation.--If the
27complaint received does not suggest suspected child abuse but
28does suggest a need for social services or other services or
29investigation, the department shall transmit the information to
30the county agency or other public agency for appropriate action.

1The information shall not be considered a child abuse report
2unless the agency to which the information was referred has
3reasonable cause to suspect after investigation that abuse
4occurred. If the agency has reasonable cause to suspect that
5abuse occurred, the agency shall notify the department, and the
6initial complaint shall be considered to have been a child abuse
7report.]

8(a) Receipt of reports by county agencies and law
9enforcement.--After ensuring the immediate safety of the child
10and any other child in the child's home, a county agency or law
11enforcement agency that receives a report of suspected child
12abuse shall immediately notify the department of the report. If
13the report is an oral report by telephone, the county agency or
14law enforcement agency shall attempt to collect as much of the
15information listed in section 6313(c) (relating to reporting
16procedure) as possible and shall submit the information to the
17department within 48 hours through a report in writing or by
18advanced communication technologies.

19(b) Receipt of reports by department and referral to county
20agency.--The department shall immediately transmit an oral
21notice or a notice by advanced communication technologies to the
22county agency of the county where the suspected child abuse is
23alleged to have occurred. The notice shall contain the following
24information:

25(1) That a complaint of suspected child abuse by a
26perpetrator has been received.

27(2) The substance of the complaint.

28(3) The existence in the central register of a prior
29indicated or founded report or a current investigation
30concerning a subject of the report.

1(c) Receipt of reports by department and referral to law
2enforcement.--If the department receives a report of suspected
3child abuse that also alleges that a criminal offense has been
4committed against the child, the department shall immediately
5transmit an oral notice or notice by advanced communication
6technologies to law enforcement personnel in the county where
7the suspected child abuse is alleged to have occurred. The
8notice shall contain the following information, consistent with
9section 6340(a)(9) and (10) (relating to release of information
10in confidential reports):

11(1) That a complaint of suspected child abuse has been
12received.

13(2) The substance of the complaint.

14(3) The existence in the Statewide database under
15section 6331 (relating to establishment of pending complaint
16file, Statewide central register and file of unfounded
17reports) of a prior founded or indicated report or a current
18investigation concerning a subject of the report.

19(d) Notice of joint referrals.--When a report is referred to
20the county agency under subsection (b) and is also referred to
21law enforcement personnel under subsection (c), the notice shall
22include information as to the name and contact information of
23any persons receiving the referral.

24(e) Ability of law enforcement to receive reports.--The
25district attorney of the county where the suspected child abuse
26is alleged to have occurred shall designate three recipients to
27receive reports under subsection (c) and shall provide contact
28information for each recipient to the department for that
29purpose.

30(f) Jurisdictional overlap.--If the residency of any subject

1of a report is a factor that requires the cooperation of more
2than one county agency, the department shall develop regulations
3to ensure the cooperation of those agencies in carrying out the
4requirements of this chapter.

5(g) Referral for services or investigation.--If the
6complaint received does not suggest a need for protective
7services but does suggest a need for social services or other
8services or investigation, the department shall transmit the
9information to the county agency or other public agency for
10appropriate action. The information shall not be considered a
11child abuse report unless the agency to which the information
12was referred has reasonable cause to suspect after investigation
13that abuse occurred. If the agency has reasonable cause to
14suspect that abuse occurred, the agency shall notify the
15department, and the initial complaint shall be considered to
16have been a child abuse report.

17[(c)] (h) Recording in pending complaint file.--Upon receipt
18of a complaint of suspected child abuse, the department shall
19maintain a record of the complaint of suspected child abuse in
20the pending complaint file. Upon receipt of a report under
21section 6353.2 (relating to responsibilities of county agency),
22the department shall maintain a record of the report in the
23report file under section 6331 [(relating to establishment of
24pending complaint file, Statewide central register and file of
25unfounded reports)].

26[(d) Incidents occurring outside of this Commonwealth.--

27(1) A report of suspected child abuse occurring in
28another state where the child victim is identified as a
29resident of this Commonwealth and the other state child
30protective services agency cannot investigate the report

1because of statutory or policy limitations shall be assigned
2as a general protective services report to the county of the
3child's residence or as determined by the department.

4(2) In addition to complying with the other requirements
5of this chapter and applicable regulations, a copy of the
6report shall be provided to the other state's child
7protective services agency and, when applicable under
8Pennsylvania law, to law enforcement officials where the
9incident occurred.

10(3) Reports and information under this subsection shall
11be provided within seven calendar days of completion of the
12general protective services assessment under section 6375
13(relating to county agency requirements for general
14protective services).]

15(i) Child abuse in another state where child is resident of
16Commonwealth.--A report of suspected child abuse by a
17perpetrator occurring in another state shall be referred to the
18county of the child's residence in this Commonwealth or other
19county as determined by the department and shall be investigated
20as any other report of suspected child abuse by a perpetrator
21if:

22(1) the child victim is identified as a resident of this
23Commonwealth; and

24(2) the other state's child protective services agency
25cannot investigate the report because of statutory or policy
26limitations.

27(j) Child abuse in another state where alleged perpetrator
28is resident of Commonwealth.--

29(1) If the suspected child abuse occurs in a
30jurisdiction other than this Commonwealth and the alleged

1perpetrator is identified as a resident of this Commonwealth,
2the report or complaint of suspected child abuse shall be
3referred to the county agency in the county of this
4Commonwealth where the alleged perpetrator resides.

5(2) The county agency shall:

6(i) contact the children and youth social service
7agency of the jurisdiction in which the suspected child
8abuse occurred; and

9(ii) investigate the suspected child abuse, either
10alone or in concert with the other agency.

11Section 4. Title 23 is amended by adding a section to read:

12§ 6334.1. Responsibility for investigation.

13The department shall establish procedures regarding the
14following different responses to address suspected child abuse
15and protective services depending on the person's allegedly
16committing the suspected child abuse or causing a child to be in
17need of protective services:

18(1) If the suspected child abuse is alleged to have been
19committed by a perpetrator, the appropriate county agency
20shall investigate the allegation as provided in this chapter.

21(2) If the suspected child abuse is alleged to have been
22committed by a perpetrator and the behavior constituting the
23suspected child abuse may include a violation of a criminal
24offense, the appropriate county agency and local law
25enforcement shall jointly investigate the allegation through
26the investigative team established in section 6365(c)
27(relating to services for prevention, investigation and
28treatment of child abuse) and as provided in this chapter.

29(3) If the suspected child abuse is alleged to have been
30committed by a person who is not a perpetrator, local law

1enforcement and the district attorney of the county where the
2suspected child abuse is alleged to have occurred shall be
3solely responsible for investigating the allegation.

4(4) If a child is alleged to be in need of other
5protective services, the appropriate county agency shall
6assess the needs of the child as provided in this chapter.

7Section 5. Sections 6336(c) and 6366 of Title 23 are amended
8to read:

9§ 6336. Information in Statewide central register.

10* * *

11(c) Limitation on release of information.--Except as
12provided in sections 6334, 6335, 6340 and 6342, no information
13shall be released from the Statewide central register or pending
14complaint file unless pursuant to section 6332 (relating to
15establishment of Statewide toll-free telephone number) and
16unless the department has positively identified the
17representative of the county agency requesting the information
18and the department has inquired into and is satisfied that the
19representative has a legitimate need, within the scope of
20official duties and the provisions of section 6332, to obtain
21the information. Information in the Statewide central register
22or pending complaint file shall not be released for any purpose
23or to any individual not specified in section 6340. Nothing in 
24this section shall prohibit the department from accepting and 
25responding to requests for information made using advanced 
26communication technologies if the department has established 
27procedures for all of the following:

28(1) Providing notice to the requester that access and
29dissemination of the information is restricted as provided by
30this chapter.

1(2) Electronically verifying the identity of the
2requester.

3(3) Obtaining an affirmation by the requester that the
4request is within the scope of that person's official duties
5and the provisions of this chapter.

6§ 6366. Continuous availability to receive reports.

7Each county agency shall receive 24 hours a day, seven days a
8week, all reports, [both oral and written] including reports 
9submitted orally, in writing or by advanced communication 
10technologies, of suspected child abuse in accordance with this
11chapter, the county plan for the provision of child protective
12services and the regulations of the department.

13Section 6. This act shall take effect in 60 days.