PRIOR PRINTER'S NO. 619
PRINTER'S NO. 2009
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY MALONEY, WATSON, AUMENT, GINGRICH, MOUL, STEPHENS, SCHLOSSBERG, HICKERNELL, MUNDY, ROCK, KORTZ, SACCONE, MAJOR, CUTLER, KAUFFMAN, O'NEILL, BAKER, SWANGER, MILLARD, R. MILLER, FLECK, SAYLOR, C. HARRIS, CLYMER, MILNE, MURT, DENLINGER, STURLA, EVERETT, QUINN, V. BROWN AND FARRY, FEBRUARY 8, 2013
AS REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 11, 2013
1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child protective services, further
3providing for definitions, for establishment of pending
4complaint file, Statewide central register and file of
5unfounded reports, for continuous availability of department,
6for disposition of complaints received, for information in
7pending complaint and unfounded report files, for information
8in Statewide central register, for disposition of unfounded
9reports, for disposition of founded and indicated reports,
10for release of information in confidential reports, for
11amendment or expunction of information, for information
12relating to prospective child-care personnel, for information
13relating to family day-care home residents, for information
14relating to other persons having contact with children, for
15cooperation of other agencies and for reports to Governor and
16General Assembly; and repealing provisions relating to
17students in public and private schools and for background
18checks for employment in schools.
1"school employee," "student" and "subject of the report" in
2section 6303(a) of Title 23 of the Pennsylvania Consolidated
3Statutes are amended and the subsection is amended by adding
4definitions to read:
5§ 6303. Definitions.
9* * *
10"Child-care services." <-[Child day-care centers, group and
11family day-care homes, foster homes, adoptive parents, boarding
12homes for children, juvenile detention center services or
13programs for delinquent or dependent children; mental health,
14mental retardation, early intervention and drug and alcohol
15services for children; and other child-care services which are
16provided by or subject to approval, licensure, registration or
17certification by the Department of Public Welfare or a county
18social services agency or which are provided pursuant to a
19contract with these departments or a county social services
20agency. <-[The term does not include such services or programs
21which may be offered by public and private schools, intermediate
22units or area vocational-technical schools.] <-Include any of the
24(1) Child day-care centers.
25(2) Group day-care homes.
26(3) Family day-care homes.
27(4) Foster homes.
28(5) Adoptive parents.
29(6) Boarding homes for children.
30(7) Juvenile detention center services or programs for
1delinquent or dependent children.
2(8) Mental health services for children.
5(10) Early intervention services for children.
6(11) Drug and alcohol services for children.
9(13) Other comparable services that are provided by or
10subject to approval, licensure, registration or certification
11by the Department of Public Welfare or a county social
12services agency or that are provided pursuant to a contract
13with the Department of Public Welfare or a county social
15* * *
19* * *
20["Founded report for school employee." A report under
21Subchapter C.1 (relating to students in public and private
22schools) if there has been any judicial adjudication based on a
23finding that the victim has suffered serious bodily injury or
24sexual abuse or exploitation, including the entry of a plea of
25guilty or nolo contendere or a finding of guilt to a criminal
26charge involving the same factual circumstances involved in the
27allegations of the report.]
28* * *
1organization or other entity, including a school or regularly
2established religious organization, that is directly responsible
3for the care, supervision, guidance or control of children. The
4term excludes an individual who, in his capacity as an
5independent contractor, has no direct contact with children.
6* * *
7["Indicated report for school employee." A report made under
8Subchapter C.1 (relating to students in public and private
9schools) if an investigation by the county agency determines
10that substantial evidence of serious bodily injury or sexual
11abuse or exploitation exists based on any of the following:
12(1) Available medical evidence.
13(2) The county agency's investigation.
16* * *
17"Person responsible for the child's welfare." A person who
18provides permanent or temporary care, supervision, mental health
19diagnosis or treatment, training or control of a child in lieu
20of parental care, supervision and control. [The term does not
21include a person who is employed by or provides services or
22programs in any public or private school, intermediate unit or
23area vocational-technical school.]
24* * *
29(1) A youth camp or program.
30(2) A recreational camp or program.
1(3) A sports or athletic program.
2(4) An outreach program.
3(5) An enrichment program.
4(6) A troop, club or similar organization.
8* * *
9"School." A facility providing elementary, secondary or
10post-secondary educational services. The term includes every
11public, nonpublic, private and parochial school, including each
12of the following:
18(3) A public or private college or university.
19(4) A community college.
20(5) A vocational-technical school.
21(6) An intermediate unit.
27(9) A nonprofit school located in this Commonwealth,
28other than a public school, wherein a resident of this
29Commonwealth may legally fulfill the compulsory school
30attendance requirements of the act of March 10, 1949 (P.L.30,
<-4"School employee." An individual who is employed by a
5[public or private school, intermediate unit or area vocational-
6technical] school or who provides a program, activity or service
7in a school. The term includes an independent contractor that
8provides a program, activity or service in a school and the
9employees of the independent contractor. [The term excludes an
10individual who has no direct contact with students.]
<-11"School employee." An individual who is employed by a
12[public or private school, intermediate unit or area vocational-
13technical school. The term includes an independent contractor
14and employees] school or who provides a program, activity or
15service sponsored by a school. The term excludes an individual
16who has no direct contact with [students] children.
17* * *
18"Student." [An individual enrolled in a public or private
19school, intermediate unit or area vocational-technical school
20who is under 18 years of age.] A child who is enrolled in a
21school or participating in a program, activity or service <-at
<-22sponsored by a school.
23"Subject of the report." Any child, parent, guardian or other
24person responsible for the welfare of a child or any alleged or
25actual perpetrator [or school employee named] in a report made
26to the Department of Public Welfare or a county agency under
28* * *
5There shall be established in the department:
12(3) A file of unfounded reports awaiting expunction.
13§ 6333. Continuous availability of department.
14The department shall be capable of receiving oral reports of
15child abuse made pursuant to this chapter[, reports under
16section 6353.2 (relating to responsibilities of county agency)]
17and report summaries of child abuse from county agencies and
18shall be capable of immediately identifying prior reports of
19child abuse [and prior reports of abuse or injury under
20Subchapter C.1 (relating to students in public and private
21schools)] in the Statewide central register and reports under
22investigation in the pending complaint file and of monitoring
23the provision of child protective services 24 hours a day, seven
24days a week.
25§ 6334. Disposition of complaints received.
26* * *
27(c) Recording in pending complaint file.--Upon receipt of a
28complaint of suspected child abuse, the department shall
29maintain a record of the complaint of suspected child abuse in
30the pending complaint file. [Upon receipt of a report under
1section 6353.2 (relating to responsibilities of county agency),
2the department shall maintain a record of the report in the
3report file under section 6331 (relating to establishment of
4pending complaint file, Statewide central register and file of
6* * *
9(a) Information authorized.--The information contained in
10the pending complaint file shall be limited to the information
11required in sections 6313(c) (relating to reporting procedure)
12[and 6353.2 (relating to responsibilities of county agency)].
13The information contained in the file for unfounded reports
14shall be limited to the information required by section 6336
15(relating to information in Statewide central register).
16* * *
17§ 6336. Information in Statewide central register.
20* * *
21(11) Information obtained by the department in relation
22to a perpetrator's [or school employee's] request to release,
23amend or expunge information retained by the department or
24the county agency.
25* * *
26§ 6337. Disposition of unfounded reports.
27* * *
5§ 6338. Disposition of founded and indicated reports.
6(a) General rule.--When a report of suspected child abuse
7[or a report under Subchapter C.1 (relating to students in
8public and private schools)] is determined by the appropriate
9county agency to be a founded report or an indicated report, the
10information concerning that report of suspected child abuse
11shall be expunged immediately from the pending complaint file,
12and an appropriate entry shall be made in the Statewide central
13register. Notice of the determination must be given to the
14subjects of the report, other than the abused child, and to the
15parent or guardian of the affected child or student along with
16an explanation of the implications of the determination. Notice
17given to perpetrators of child abuse [and to school employees
18who are subjects of indicated reports for school employees or
19founded reports for school employees] shall include notice that
20their ability to obtain employment in a child-care facility or
21program or a [public or private<-] school may be adversely
22affected by entry of the report in the Statewide central
23register. The notice shall also inform the recipient of his
24right, within 45 days after being notified of the status of the
25report, to appeal an indicated report, and his right to a
26hearing if the request is denied.
27* * *
1employees who are subjects of founded or indicated reports] only
2if the individual's Social Security number or date of birth is
3known to the department. The subfile shall not include
4identifying information regarding other subjects of the report.
5§ 6340. Release of information in confidential reports.
9* * *
<-10[(13) Persons required to make reports under Subchapter
11C.1 (relating to students in public and private schools).
12Information under this paragraph shall be limited to the
13final status of the report following the investigation as to
14whether the report is indicated, founded or unfounded.]
<-15(13) [Persons required to make reports under Subchapter
16C.1 (relating to students in public and private schools).
17Information under this paragraph shall be] If the alleged
18perpetrator is a school employee, the school administrator
19shall receive information limited to the final status of the
20report following the investigation as to whether the report
21is indicated, founded or unfounded. Information disclosed
22pursuant to this paragraph shall be provided to the school
23administrator within ten days of the completion of the
25* * *
26§ 6341. Amendment or expunction of information.
27(a) General rule.--At any time:
28* * *
1within 45 days of being notified of the status of the report,
2request the secretary to amend or expunge an indicated report
3on the grounds that it is inaccurate or it is being
4maintained in a manner inconsistent with this chapter.
5* * *
6(c) Review of refusal of request.--If the secretary refuses
7the request under subsection (a)(2) or does not act within a
8reasonable time, but in no event later than 30 days after
9receipt of the request, the perpetrator [or school employee]
10shall have the right to a hearing before the secretary or a
11designated agent of the secretary to determine whether the
12summary of the indicated report in the Statewide central
13register should be amended or expunged on the grounds that it is
14inaccurate or that it is being maintained in a manner
15inconsistent with this chapter. The perpetrator [or school
16employee] shall have 45 days from the date of the letter giving
17notice of the decision to deny the request in which to request a
18hearing. The appropriate county agency and appropriate law
19enforcement officials shall be given notice of the hearing. The
20burden of proof in the hearing shall be on the appropriate
21county agency. The department shall assist the county agency as
23* * *
24(f) Notice of expunction.--Written notice of an expunction
25of any child abuse record made pursuant to the provisions of
26this chapter shall be served upon the subject of the record who
27was responsible for the abuse or injury and the appropriate
28county agency. Except as provided in this subsection, the county
29agency, upon receipt of the notice, shall take appropriate,
30similar action in regard to the local child abuse [and school
1employee] records and inform, for the same purpose, the
2appropriate coroner if that officer has received reports
3pursuant to section 6367 (relating to reports to department and
4coroner). Whenever the county agency investigation reveals,
5within 60 days of receipt of the report of suspected child
6abuse, that the report is unfounded but that the subjects need
7services provided or arranged by the county agency, the county
8agency shall retain those records and shall specifically
9identify that the report was an unfounded report of suspected
10child abuse. An unfounded report regarding subjects who receive
11services shall be expunged no later than 120 days following the
12expiration of one year after the termination or completion of
13services provided or arranged by the county agency.
16* * *
17(b) Information submitted by prospective employees.--
18Administrators of child-care services shall require applicants
19to submit with their applications the following information
20obtained within the preceding one-year period:
21* * *
22(2) A certification from the department as to whether
23the applicant is named in the central register as the
24perpetrator of a founded report of child abuse[,] or an
25indicated report of child abuse[, founded report for school
26employee or indicated report for school employee].
27* * *
28(c) Grounds for denying employment.--
1in the central register as the perpetrator of a founded
2report of child abuse committed within the five-year period
3immediately preceding verification pursuant to this section
4[or is named in the central register as the perpetrator of a
5founded report for a school employee committed within the
6five-year period immediately preceding verification pursuant
7to this section].
8* * *
9(o) Use of information.--A foster family care agency may not
10approve a prospective foster parent if the prospective foster
11parent or an individual 14 years of age or older who resides for
12at least 30 days in a calendar year with the prospective foster
13parent meets either of the following:
14(1) Is named in the central register as the perpetrator
15of a founded report of child abuse committed within the five-
16year period immediately preceding verification pursuant to
17this section [or is named in the central register as the
18perpetrator of a founded report for a school employee
19committed within the five-year period immediately preceding
20verification pursuant to this section].
23(p) Use of information.--A prospective adoptive parent may
24not be approved if the prospective adoptive parent or an
25individual [14<-] 18 years of age or older who resides for at
26least 30 days in a calendar year with the prospective adoptive
27parent meets either of the following:
1this section [or is named in the central register as the
2perpetrator of a founded report for a school employee
3committed within the five-year period immediately preceding
4verification pursuant to this section].
9* * *
10(b) Required information.--Child abuse record information
11required under subsection (a) shall include certification by the
12department as to whether the applicant is named in the central
13register as the perpetrator of a founded report[,] or an
14indicated report[, founded report for school employee or
15indicated report for school employee].
16* * *
21* * *
<-22(a.1) School employees.--School employees governed by the
23provisions of the act of March 10, 1949 (P.L.30, No.14), known
24as the Public School Code of 1949, shall be subject to the
25provisions of section 111 of the Public School Code of 1949.
1section 111 of the Public School Code of 1949, except that
2this section shall apply with regard to the information
3required under section 6344(b)(2) (relating to information
4relating to prospective child-care personnel).
10(i) A school employee who is:
11(A) under 21 years of age;
14(C) employed for not more than 90 days.
30(E) The provisional period does not exceed:
3(II) 30 days for all other applicants.
14(b) Investigation.--Employers, administrators or supervisors
15shall require an applicant to submit to all requirements set
16forth in section 6344(b) [(relating to information relating to
17prospective child-care personnel)]. An employer, administrator,
18supervisor or other person responsible for employment decisions
19regarding an applicable prospective employee under this section
20that intentionally fails to require the submissions before
21hiring that individual commits a misdemeanor of the third
23* * *
26§ 6346. Cooperation of other agencies.
27* * *
1by willfully failing to cooperate with the department or a
2county agency when investigating a report of suspected child
3abuse [or a report under Subchapter C.1 (relating to students in
4public and private schools)] or when assessing risk to a child
5commits a summary offense for a first violation and a
6misdemeanor of the third degree for subsequent violations.
7(c) Cooperation of county agency and law enforcement
8agencies.--Consistent with the provisions of this chapter, the
9county agency and law enforcement agencies shall cooperate and
10coordinate, to the fullest extent possible, their efforts to
11respond to and investigate reports of suspected child abuse [and
12to reports under Subchapter C.1].
13* * *
14§ 6347. Reports to Governor and General Assembly.
15(a) General rule.--No later than May 1 of every year, the
16secretary shall prepare and transmit to the Governor and the
17General Assembly a report on the operations of the central
18register of child abuse and child protective services provided
19by county agencies. The report shall include a full statistical
20analysis of the reports of suspected child abuse made to the
21department [and the reports under Subchapter C.1 (relating to
22students in public and private schools)], together with a report
23on the implementation of this chapter and its total cost to the
24Commonwealth, the evaluation of the secretary of services
25offered under this chapter and recommendations for repeal or for
26additional legislation to fulfill the purposes of this chapter.
27All such recommendations should contain an estimate of increased
28or decreased costs resulting therefrom. The report shall also
29include an explanation of services provided to children who were
30the subjects of founded or indicated reports while receiving
3(b) Reports from county agencies.--To assist the department
4in preparing its annual report and the quarterly reports
5required under subsection (c), each county agency shall submit a
6quarterly report to the department, including, at a minimum, the
7following information, on an aggregate basis, regarding general
8protective services[,] and child protective services [and action
9under Subchapter C.1]:
21* * *
25STUDENTS IN PUBLIC AND PRIVATE SCHOOLS]
28[§ 6351. Definitions.
1context clearly indicates otherwise:
6§ 6352. School employees.
8(1) Except as provided in paragraph (2), a school
9employee who has reasonable cause to suspect, on the basis of
10professional or other training and experience, that a student
11coming before the school employee in the employee's
12professional or official capacity is a victim of serious
13bodily injury or sexual abuse or sexual exploitation by a
14school employee shall immediately contact the administrator.
15(2) If the school employee accused of seriously injuring
16or sexually abusing or exploiting a student is the
17administrator, the school employee who has reasonable cause
18to suspect, on the basis of professional or other training
19and experience, that a student coming before the school
20employee in the employee's professional or official capacity
21is a victim of serious bodily injury or sexual abuse or
22sexual exploitation shall immediately report to law
23enforcement officials and the district attorney under section
246353(a) (relating to administration). If an administrator is
25the school employee who suspects injury or abuse, the
26administrator shall make a report under section 6353(a).
1arising out of the report.
2(c) Criminal penalty.--
8§ 6353. Administration.
9(a) Requirement.--An administrator and a school employee
10governed by section 6352(a)(2) (relating to school employees)
11shall report immediately to law enforcement officials and the
12appropriate district attorney any report of serious bodily
13injury or sexual abuse or sexual exploitation alleged to have
14been committed by a school employee against a student.
17(1) Name, age, address and school of the student.
20(3) Name and address of the administrator.
21(4) Name, work and home address of the school employee.
22(5) Nature of the alleged offense.
2§ 6353.1. Investigation.
3(a) General rule.--Upon receipt of a report under section
46353 (relating to administration), an investigation shall be
5conducted by law enforcement officials, in cooperation with the
6district attorney, and a determination made as to what criminal
7charges, if any, will be filed against the school employee.
8(b) Referral to county agency.--
9(1) If local law enforcement officials have reasonable
10cause to suspect on the basis of initial review that there is
11evidence of serious bodily injury, sexual abuse or sexual
12exploitation committed by a school employee against a
13student, local law enforcement officials shall notify the
14county agency in the county where the alleged abuse or injury
15occurred for the purpose of the agency conducting an
16investigation of the alleged abuse or injury.
17(2) To the fullest extent possible, law enforcement
18officials and the county agency shall coordinate their
19respective investigations. In respect to interviews with the
20student, law enforcement officials and the county agency
21shall conduct joint interviews. In respect to interviews with
22the school employee, law enforcement officials shall be given
23an opportunity to interview the school employee prior to the
24employee having any contact with the county agency.
25(3) The county agency and law enforcement officials have
26the authority to arrange for photographs, medical tests or X-
27rays of a student alleged to have been abused or injured by a
28school employee. The county agency and law enforcement
29officials shall coordinate their efforts in this regard and,
30to the fullest extent possible, avoid the duplication of any
1photographs, medical tests or X-rays.
5§ 6353.2. Responsibilities of county agency.
6(a) Information for the pending complaint file.--Immediately
7after receiving a report under section 6353.1 (relating to
8investigation), the county agency shall notify the department of
9the receipt of the report, which is to be filed in the pending
10complaint file as provided in section 6331(1) (relating to
11establishment of pending complaint file, Statewide central
12register and file of unfounded reports). The oral report shall
13include the following information:
16(2) Where the suspected abuse or injury occurred.
17(3) The age and sex of the student.
24(7) The source of the report to the county agency.
1the time frames established in department regulations, an
2investigation of the nature, extent and cause of any alleged
3abuse or injury enumerated in the report. The county agency
4shall coordinate its investigation to the fullest extent
5possible with law enforcement officials as provided in section
7(c) Completion of investigation.--The investigation by the
8county agency to determine whether the report is an indicated
9report for school employee or an unfounded report shall be
10completed within 60 days.
11(d) Notice to subject of a report.--Prior to interviewing a
12subject of the report, the county agency shall orally notify the
13subject of the report of the existence of the report and the
14subject's rights under this chapter in regard to amendment or
15expungement. Within 72 hours following oral notification to the
16subject, the county agency shall give written notice to the
17subject. The notice may be reasonably delayed if notification is
18likely to threaten the safety of the student or the county
19agency worker, to cause the school employee to abscond or to
20significantly interfere with the conduct of a criminal
22(e) Reliance on factual investigation.--The county agency
23may rely on a factual investigation of substantially the same
24allegations by a law enforcement officials to support the
25agency's finding. This reliance shall not relieve the county
26agency of its responsibilities relating to the investigation of
27reports under this subchapter.
1law enforcement officials of its determination of the report as
2an indicated report for school employee or an unfounded report.
3Supplemental reports shall be made at regular intervals
4thereafter in a manner and form the department prescribes by
5regulation to the end that the department is kept fully informed
6and up-to-date concerning the status of the report.
7§ 6353.3. Information in Statewide central register.
8The Statewide central register established under section 6331
9(relating to establishment of pending complaint file, Statewide
10central register and file of unfounded reports) shall retain
11only the following information relating to reports of abuse or
12injury of a student by a school employee which have been
13determined to be a founded report for school employee or an
14indicated report for school employee:
17(2) The home address of the subjects of the report.
22(5) Factors contributing to the abuse or injury.
23(6) The source of the report.
24(7) Whether the report is a founded or indicated report.
30(10) Whether a criminal investigation has been
3§ 6353.4. Other provisions.
4The following provisions shall apply to the release and
5retention of information by the department and the county agency
6concerning reports of abuse or injury committed by a school
7employee as provided by this subchapter:
10Section 6337 (relating to disposition of unfounded reports).
13Section 6339 (relating to confidentiality of reports).
18Section 6342 (relating to studies of data in records).]
22BACKGROUND CHECKS FOR EMPLOYMENT IN SCHOOLS]
25[§ 6354. Definitions.
3"Administrator." The person responsible for the
4administration of a public or private school, intermediate unit
5or area vocational-technical school. The term includes a person
6responsible for employment decisions in a school and an
8§ 6355. Requirement.
10(1) Except as provided in paragraph (2), an
11administrator shall require each applicant to submit an
12official clearance statement obtained from the department
13within the immediately preceding year as to whether the
14applicant is named as the perpetrator of an indicated or a
15founded report or is named as the individual responsible for
16injury or abuse in an indicated report for school employee or
17a founded report for school employee.
25(b) Grounds for denying employment.--Except as provided in
26section 6356 (relating to exceptions), an administrator shall
27not hire an applicant if the department verifies that the
28applicant is named as the perpetrator of a founded report or is
29named as the individual responsible for injury or abuse in a
30founded report for school employee. No individual who is a
4(c) Penalty.--An administrator who willfully violates this
5section shall be subject to an administrative penalty of $2,500.
6An action under this subsection is governed by 2 Pa.C.S. Ch. 5
7Subch. A (relating to practice and procedure of Commonwealth
8agencies) and Ch. 7 Subch. A (relating to judicial review of
9Commonwealth agency action).
10§ 6356. Exceptions.
13(1) A school employee who is:
14(i) under 21 years of age;
17(iii) employed for not more than 90 days.
29(iv) The provisional period does not exceed:
30(A) 90 days for an applicant from another state;
2(B) 30 days for all other applicants.
6§ 6357. Fee.
10§ 6358. Time limit for official clearance statement.
14Section 9. The following apply:
15(1) The amendment of 23 Pa.C.S. §§ 6331, 6333, 6334(c),
166335(a), 6337(c), 6338(c), 6344(b)(2), (c)(1), (o) and (p),
176344.1(b), 6346(b) and (c) and 6347(a) and (b) shall not affect
18any report, complaint, information or record created or
19initiated prior to the effective date of this section.
20(2) The amendment of 23 Pa.C.S. §§ 6336(a)(11), 6338(c) and
216341(a)(2) and (c) is necessary as a result of the repeal of 23
22Pa.C.S. Ch. 63 Subch. C.1. Any reference to "perpetrator" in 23
23Pa.C.S. §§ 6336(a)(11), 6338(c) and 6341(a)(2) and (c), as
24amended, is intended to include a school employee who was the
25subject of an indicated or founded report prior to the effective
26date of this section.
27(3) The amendment of 23 Pa.C.S. § 6341(f) is necessary as a
28result of the repeal of 23 Pa.C.S. Ch. 63 Subch. C.1. Any
29reference to "local child abuse record" in 23 Pa.C.S. § 6341(f),
30as amended, is intended to include school employee records that
7Section 10. This act shall take effect in 60 days.