PRINTER'S NO. 717
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY MOUL, WATSON, AUMENT, GINGRICH, MALONEY, STEPHENS, YOUNGBLOOD, SCHLOSSBERG, HICKERNELL, ROCK, KORTZ, SACCONE, MAJOR, CUTLER, KAUFFMAN, O'NEILL, BAKER, SWANGER, COHEN, MILLER, FLECK, C. HARRIS, CLYMER, MILNE, BENNINGHOFF AND MURT, FEBRUARY 11, 2013
REFERRED TO COMMITEE ON CHILDREN AND YOUTH, FEBRUARY 11, 2013
1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child protective services, further
3providing for definitions, for information relating to
4prospective child-care personnel, for information relating to
5family day-care home residents and for information relating
6to other persons having contact with children; and providing
7for grounds for denying employment or participation in
8program, activity or service and for certification
15§ 6303. Definitions.
19* * *
20"Child-care services." [Child day-care centers, group and
1family day-care homes, foster homes, adoptive parents, boarding
2homes for children, juvenile detention center services or
3programs for delinquent or dependent children; mental health,
4mental retardation, early intervention and drug and alcohol
5services for children; and other child-care services which are
6provided by or subject to approval, licensure, registration or
7certification by the Department of Public Welfare or a county
8social services agency or which are provided pursuant to a
9contract with these departments or a county social services
10agency. The term does not include such services or programs
11which may be offered by public and private schools, intermediate
12units or area vocational-technical schools.] Includes any of the
14(1) Child day-care centers.
15(2) Group day-care homes.
16(3) Family day-care homes.
17(4) Foster homes.
18(5) Adoptive parents.
19(6) Boarding homes for children.
22(8) Mental health services for children.
25(10) Early intervention services for children.
26(11) Drug and alcohol services for children.
4* * *
10(a) Applicability.--[This section applies to all prospective
11employees of child-care services, prospective foster parents,
12prospective adoptive parents, prospective self-employed family
13day-care providers and other persons seeking to provide child-
14care services under contract with a child-care facility or
15program. This section also applies to individuals 14 years of
16age or older who reside in the home of a prospective foster
17parent for at least 30 days in a calendar year or who reside in
18the home of a prospective adoptive parent for at least 30 days
19in a calendar year. This section does not apply to
20administrative or other support personnel unless their duties
21will involve direct contact with children.] This section applies
22to any of the following individuals:
23(1) A prospective employee of child-care services.
24(2) A prospective foster parent.
25(3) A prospective adoptive parent.
30(6) An individual 18 years of age or older who resides
5(b) [Information submitted by prospective employees.--
6Administrators of child-care services shall require applicants
7to submit with their applications the following information
8obtained within the preceding one-year period:] Information to
9be submitted.--An individual identified in subsection (a)(6) at
10the time the individual meets the description set forth in
11subsection (a)(6) and an individual applying to serve in any
12capacity identified in subsection (a)(1), (2), (3), (4) or (5)
13at the time of application shall be required to submit the
14following information obtained within the preceding one-year
16(1) Pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal
17history record information), a report of criminal history
18record information from the Pennsylvania State Police or a
19statement from the Pennsylvania State Police that the State
20Police central repository contains no such information
21relating to that person. The criminal history record
22information shall be limited to that which is disseminated
23pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to general
25(2) A certification from the department as to whether
26the applicant is named in the central register as the
27perpetrator of a founded report of child abuse, indicated
28report of child abuse, founded report for school employee or
29indicated report for school employee.
30(3) A report of Federal criminal history record
1information. The applicant shall submit a full set of
2fingerprints in a manner prescribed by the department. The
3Commonwealth shall submit the fingerprints to the Federal
4Bureau of Investigation in order to obtain a report of
5Federal criminal history record information and serve as
6intermediary for the purposes of this section.
7For the purposes of this subsection, [an applicant may submit a
8copy of the information required under paragraphs (1) and (2)
9with an application for employment. Administrators shall
10maintain a copy of the required information and shall require
11applicants to produce the original document prior to
12employment.] an individual may submit a copy of the information
13required under paragraphs (1) and (2) when applying to serve in
14any capacity identified in subsection (a)(1), (2), (3), (4) or
15(5). The person responsible for determining the employment or
16acceptance of the individual to serve in such a capacity shall
17maintain a copy of the required information and require the
18individual to produce the original document prior to employment
19or acceptance to serve in such capacity.
20* * *
21[(c) Grounds for denying employment.--
22(1) In no case shall an administrator hire an applicant
23where the department has verified that the applicant is named
24in the central register as the perpetrator of a founded
25report of child abuse committed within the five-year period
26immediately preceding verification pursuant to this section
27or is named in the central register as the perpetrator of a
28founded report for a school employee committed within the
29five-year period immediately preceding verification pursuant
30to this section.
1(2) In no case shall an administrator hire an applicant
2if the applicant's criminal history record information
3indicates the applicant has been convicted of one or more of
4the following offenses under Title 18 (relating to crimes and
5offenses) or an equivalent crime under Federal law or the law
6of another state:
7Chapter 25 (relating to criminal homicide).
8Section 2702 (relating to aggravated assault).
9Section 2709.1 (relating to stalking).
10Section 2901 (relating to kidnapping).
11Section 2902 (relating to unlawful restraint).
12Section 3121 (relating to rape).
13Section 3122.1 (relating to statutory sexual assault).
16Section 3124.1 (relating to sexual assault).
17Section 3125 (relating to aggravated indecent assault).
18Section 3126 (relating to indecent assault).
19Section 3127 (relating to indecent exposure).
20Section 4302 (relating to incest).
21Section 4303 (relating to concealing death of child).
24Section 4305 (relating to dealing in infant children).
29Section 6301 (relating to corruption of minors).
30Section 6312 (relating to sexual abuse of children).
3(3) In no case shall an administrator hire an applicant
4if the applicant's criminal history record information
5indicates the applicant has been convicted of a felony
6offense under the act of April 14, 1972 (P.L.233, No.64),
7known as The Controlled Substance, Drug, Device and Cosmetic
8Act, committed within the five-year period immediately
9preceding verification under this section.]
13* * *
14[(3) Foster parents and any individual over 18 years of
15age residing in the home shall be required to submit the
16information set forth in subsection (b) every 24 months
17following approval for review by the foster family care
18agency in accordance with subsection (c).
19(4) Foster parents shall be required to report, within
2048 hours, any change in information required pursuant to
21subsection (b) about themselves and any individuals over the
22age of 18 years residing in the home for review by the foster
23family care agency in accordance with subsection (c).]
24(4.1) Foster parents shall be required to report an
25arrest or conviction for violation of an offense described in
26section 6344.3 (relating to grounds for denying employment or
27participation in program, activity or service) pursuant to
29* * *
30(6) In cases where foster parents knowingly fail to
1submit the material information required in [paragraphs (3),
2(4) and (5)] paragraph (5) and section 6344.4 (relating to
3certification compliance) such that it would disqualify them
4as foster parents, the child shall immediately be removed
5from the home without a hearing.
6* * *
7(i) Time limit for certification.--The department shall
8comply with certification requests no later than  28 days
9from the receipt of the request[.] and develop procedures to
10comply with expedited certification requests. The department is
11authorized to charge a fee of no more than $5, in addition to
12the fee authorized in subsection (h), in order to expedite a
13certification request. The department shall comply with
14expedited certification requests no later than 14 days from the
15receipt of the request.
16* * *
17[(k) Existing or transferred employees.--A person employed
18in child-care services on July 1, 2008, shall not be required to
19obtain the information required in subsection (b) as a condition
20of continued employment. A person who has once obtained the
21information required under subsection (b) may transfer to
22another child-care service established and supervised by the
23same organization and shall not be required to obtain additional
24reports before making the transfer.
28(1) They are under 21 years of age.
29(2) They are employed for periods of 90 days or less.
30(3) They are a part of a job development or job training
6(m) Provisional employees for limited periods.--
7Notwithstanding subsection (b), [administrators] employers may
8employ applicants on a provisional basis for a single period not
9to exceed 30 days or, for out-of-State applicants, a period of
1090 days, if all of the following conditions are met:
22(4) If the information obtained pursuant to subsection
23(b) reveals that the applicant is disqualified from
24employment pursuant to [subsection (c)] section 6344.3, the
25applicant shall be immediately dismissed by the
1(n) Confidentiality.--The information provided and compiled
2under this section, including, but not limited to, the names,
3addresses and telephone numbers of applicants and foster and
4adoptive parents, shall be confidential and shall not be subject
5to the act of [June 21, 1957 (P.L.390, No.212), referred to]
6February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
7This information shall not be released except as permitted by
8the department through regulation.
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  18 years of age or older who
12resides for at least 30 days in a calendar year with the
13prospective foster parent 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  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.
11* * *
12(c) Effect on registration.--The department shall refuse to
13issue or renew a registration certificate or shall revoke a
14registration certificate if the family day-care home provider or
15individual 18 years of age or older who has resided in the home
16for at least 30 days in a calendar year:
17(1) is named in the central register on child abuse
18established under [Chapter 63 (relating to child protective
19services)] this chapter as the perpetrator of a founded
20report committed within the immediately preceding five-year
25* * *
1care, guidance, supervision or training. Such persons include
2social service workers, hospital personnel, mental health
3professionals, members of the clergy, counselors, librarians and
4doctors.] This section applies to a person applying for a paid
5or unpaid position as a person responsible for the welfare of a
7(b) Investigation.--Employers, administrators or supervisors
8or other person responsible for employment decisions or
9selection of volunteers shall require an applicant to submit to
10all requirements set forth in section 6344(b) (relating to
11information relating to prospective child-care personnel). An
12employer, administrator, supervisor or other person responsible
13for employment decisions or selection of volunteers regarding an
14applicable prospective employee or volunteer under this section
15that intentionally fails to require the submissions before
16hiring that individual commits a misdemeanor of the third
18(b.1) Exception.--A person responsible for the selection of
19volunteers shall require an applicable prospective volunteer to
20submit only the information required by section 6344(b)(1) and
21(2), if both of the following apply:
30(c) Grounds for denial.--Each applicant shall be subject to
4(d) Departmental treatment of information.--Information
5provided and compiled under this section by the department shall
6be confidential and shall not be subject to the act of [June 21,
71957 (P.L.390, No.212), referred to] February 14, 2008 (P.L.6,
8No.3), known as the Right-to-Know Law. This information shall
9not be released except as permitted by the department through
10regulation. The department may charge a fee to conduct a
11certification as required by section 6344(b)(2) in accordance
12with the provisions of section 6344(h). The department shall
13promulgate regulations necessary to carry out this subsection.
14Section 4. Title 23 is amended by adding sections to read:
17(a) Permanent ban.--No person subject to section 6344
18(relating to information relating to prospective child-care
19personnel) or 6344.2 (relating to information relating to other
20persons having contact with children) shall be employed or serve
21as a volunteer where the information under section 6344(b)
22indicates that the person has been identified as follows:
26Chapter 25 (relating to criminal homicide).
27Section 2702 (relating to aggravated assault).
28Section 2709.1 (relating to stalking).
29Section 2901 (relating to kidnapping).
30Section 2902 (relating to unlawful restraint).
3Section 3121 (relating to rape).
8Section 3124.1 (relating to sexual assault).
13Section 3126 (relating to indecent assault).
14Section 3127 (relating to indecent exposure).
17Section 4302 (relating to incest).
18Section 4303 (relating to concealing death of child).
29Section 6312 (relating to sexual abuse of children).
30Section 6318 (relating to unlawful contact with
6(2) Convicted of an offense similar in nature to those
7crimes listed in paragraph (1) under the laws or former laws
8of the United States or one of its territories or
9possessions, another state, the District of Columbia, the
10Commonwealth of Puerto Rico or a foreign nation, or under a
11former law of this Commonwealth.
12(3) Identified in the central register as the
13perpetrator of a founded or indicated report of child abuse
14that involved the sexual abuse or exploitation of a child, or
15founded report for school employee or indicated report for
16school employee that involved sexual abuse or exploitation of
18(b) Temporary ten-year ban.--
19(1) Subject to paragraph (2), no person subject to
20section 6344 or 6344.2 shall be employed or serve as a
21volunteer where the information under section 6344(b)
22indicates that the person has been convicted of a felony
23offense of the first, second or third degree for a crime
24other than those enumerated under subsection (a), where the
25victim is a child, or a felony offense under the act of April
2614, 1972 (P.L.233, No.64), known as The Controlled Substance,
27Drug, Device and Cosmetic Act.
1of the sentence for the offense.
2(c) Temporary five-year ban.--
10(ii) identified in the central register as a
11perpetrator of a founded report of child abuse other than
12sexual abuse or exploitation or a founded report for
13school employee other than sexual abuse or exploitation.
19(ii) identification under paragraph (1)(ii).
20(d) Noninterference with decisions.--Nothing in this section
21shall be construed to otherwise interfere with the ability of an
22employer or program, activity or service to make employment,
23discipline or termination decisions.
24(e) Transfer.--Any person who has once obtained the
25information required under this section may transfer or provide
26services to another subsidiary or branch established and
27supervised by the same organization and shall not be required to
28obtain additional reports before making the transfer.
29(f) Departmental form.--
30(1) The department shall develop a standardized form to
1be used by current and prospective employees and volunteers
2for the written reporting by current and prospective
3employees or volunteers of any arrest or conviction for an
4offense enumerated under subsection (a)(1) or (2).
5(2) The form shall provide a space in which a current or
6prospective employee or volunteer who has not been convicted
7of or arrested for any such offense will respond "no
8conviction" and "no arrest."
9(3) The form shall provide that failure to accurately
10report any arrest or conviction for an offense enumerated
11under subsection (a) shall subject the current or prospective
12employee or volunteer to criminal prosecution under 18
13Pa.C.S. § 4904 (relating to unsworn falsification to
18(g) Compliance by certain persons employed or serving.--
19(1) By (the Legislative Reference Bureau shall insert
20here, in lieu of this statement, the date that is 90 days
21after the effective date of this subsection), all current
22employees and volunteers shall complete the form described in
23subsection (f), indicating whether or not they have been
24arrested or convicted of an offense enumerated under
25subsection (a)(1) or (2).
26(2) If, as required in paragraph (1), an employee or
27volunteer refuses to submit the form described in subsection
28(f), the person responsible for employment decisions or the
29administrator of a program, activity or service shall
30immediately require the employee or volunteer to submit the
1information set forth in section 6344(b).
2(h) Effect of new arrest or conviction.--
3(1) If an arrest or conviction for an offense enumerated
4under subsection (a)(1) or (2) occurs after the effective
5date of this subsection, the employee or volunteer shall
6provide the administrator or designee with written notice
7utilizing the form provided for in subsection (f) not later
8than 72 hours after an arrest or conviction.
9(2) If the person responsible for employment decisions
10or the administrator of a program, activity or service has a
11reasonable belief that an employee or volunteer was arrested
12or has a conviction for an offense required to be reported
13under paragraph (1) or subsection (g)(1) and the employee or
14volunteer or prospective employee or volunteer has provided
15notice as required under this section, the person responsible
16for employment decisions or administrator of a program,
17activity or service shall immediately require the employee or
18volunteer to submit current information as required under
19subsection 6344(b). The cost of the information set forth in
20subsection 6344(b) be borne by the employing entity or
21program, activity or service.
22(i) Effect of noncompliance.--
23(1) An employee or volunteer who willfully fails to
24disclose a conviction or an arrest for an offense enumerated
25under subsection (a)(1) or (2) shall be subject to discipline
26up to and including termination or denial of employment or
27volunteer position and may be subject to criminal prosecution
28under 18 Pa.C.S. § 4904.
3§ 6344.4. Certification compliance.
4(a) Obtaining new certifications.--A person identified in
5section 6344(a)(1) (relating to information relating to
6prospective child-care personnel) or 6344.2(a) (relating to
7information relating to other persons having contact with
8children) shall be required to obtain the certifications
9required in subsection 6344(b) every 24 months.
10(b) Reports of changes.--Within 48 hours, foster parents
11shall report any change in information required pursuant to
12section 6344(b) about themselves and any individuals over 18
13years of age residing in their home for review by the foster
14family care agency in accordance with section 6344.
15Section 5. This act shall take effect in 60 days.