1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child protective services, further
3providing for definitions; <-and providing for exclusions from 
4child abuse<-; and further providing for disposition of founded 
5and indicated reports, for release of information in 
6confidential reports and for investigation of reports.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

<-9Section 1. The definitions of "child," "nonaccidental,"
10"perpetrator," "person responsible for the child's welfare,"
11"recent acts or omissions," "serious physical injury" and
12"sexual abuse or exploitation" in section 6303(a) of Title 23 of
13the Pennsylvania Consolidated Statutes are amended, subsection
14(a) is amended by adding definitions, subsection (b) is amended
15and the section is amended by adding a subsection to read:

<-16Section 1. The definitions of "child," "founded report," 
17"indicated report," "nonaccidental," "recent acts or omissions," 
18"serious physical injury" and "sexual abuse or exploitation" in
 

1section 6303(a) of Title 23 of the Pennsylvania Consolidated 
2Statutes are amended, subsection (a) is amended by adding 
3definitions, subsection (b) is amended and the section is 
4amended by adding subsections to read:

5§ 6303. Definitions.

6(a) General rule.--The following words and phrases when used
7in this chapter shall have the meanings given to them in this
8section unless the context clearly indicates otherwise:

9* * *

10"Bodily injury." Impairment of physical condition or
11substantial pain.

12"Child." <-[Includes] An individual under 18 years of age. The 
13term includes a newborn. <-[Includes a newborn.] An individual 
14under 18 years of age.

15* * *

<-16"Founded report." [A child abuse report made pursuant to
17this chapter if there has been any judicial adjudication based
18on a finding that a child who is a subject of the report has
19been abused, including the entry of a plea of guilty or nolo
20contendere or a finding of guilt to a criminal charge involving
21the same factual circumstances involved in the allegation of
22child abuse.] A child abuse report involving a perpetrator that 
23is made pursuant to this chapter, if any of the following 
24applies:

25(1) There has been a judicial adjudication based on a
26finding that a child who is a subject of the report has been
27abused and the adjudication involves the same factual
28circumstances involved in the allegation of child abuse. The
29judicial adjudication may include any of the following:

30(i) The entry of a plea of guilty or nolo

1contendere.

2(ii) A finding of guilt to a criminal charge.

3(iii)  A finding of dependency under 42 Pa.C.S. §
46341 (relating to adjudication) if the court has entered
5a finding that a child who is the subject of the report
6has been abused.

7(iv) A finding of delinquency under 42 Pa.C.S. §
86341 if the court has entered a finding that the child
9who is the subject of the report has been abused by the
10child who was found to be delinquent.

11(2) There has been an acceptance into an accelerated
12rehabilitative disposition program and the reason for the
13acceptance involves the same factual circumstances involved
14in the allegation of child abuse.

15(3) There has been a consent decree entered in a
16juvenile proceeding under 42 Pa.C.S. Ch. 63 (relating to
17juvenile matters), the decree involves the same factual
18circumstances involved in the allegation of child abuse and
19the terms and conditions of the allegation include an
20acknowledgment, admission or finding that a child who is the
21subject of the report has been abused by the child who is
22alleged to be delinquent.

23(4) A final protection from abuse order has been granted
24under section 6108 (relating to relief), when the child who
25is a subject of the report is one of the individuals
26protected under the protection from abuse order and:

27(i) only one individual is charged with the abuse in
28the protection from abuse action;

29(ii) only that individual defends against the
30charge;

1(iii) the adjudication involves the same factual
2circumstances involved in the allegation of child abuse;
3and

4(iv) the protection from abuse adjudication finds
5that the child abuse occurred.

6* * *

7"Indicated report." [A child abuse report made pursuant to
8this chapter if an investigation by the county agency or the
9Department of Public Welfare determines that substantial
10evidence of the alleged abuse exists based on any of the
11following:

12(1) Available medical evidence.

13(2) The child protective service investigation.

14(3) An admission of the acts of abuse by the
15perpetrator.]

16(1) Subject to paragraphs (2) and (3), a report of child
17abuse made pursuant to this chapter if an investigation by
18the Department of Public Welfare or county agency determines
19that substantial evidence of the alleged abuse by a
20perpetrator exists based on any of the following:

21(i) Available medical evidence.

22(ii) The child protective service investigation.

23(iii) An admission of the acts of abuse by the
24perpetrator.

25(2) A report may be indicated under paragraph (1)(i) or
26(ii) for any child who is the victim of child abuse,
27regardless of the number of alleged perpetrators.

28(3) A report may be indicated under paragraph (1)(i) or
29(ii) listing the perpetrator as "unknown" if substantial
30evidence of abuse by a perpetrator exists, but the department

1or county agency is unable to identify the specific
2perpetrator.

3* * *

4"Intentionally." The term shall have the same meaning as
5provided in 18 Pa.C.S. § 302 (relating to general requirements
6of culpability).

7"Knowingly." The term shall have the same meaning as 
8provided in 18 Pa.C.S. § 302 (relating to general requirements 
9of culpability).

10* * *

11["Nonaccidental." An injury that is the result of an
12intentional act that is committed with disregard of a
13substantial and unjustifiable risk.]

<-14"Peer." A person similar in age, grade level, physical
15maturity and developmental ability to another.

16"Perpetrator." A person who has committed child abuse and is
17a parent of a child, a person responsible for the welfare of a
18child, an individual residing in the same home as a child, a
19relative of the child or a paramour, spouse, former paramour or
20former spouse of a child's parent.

21"Person responsible for the child's welfare." A person who
22provides permanent or temporary care, supervision, mental health
23diagnosis or treatment, training or control of a child in lieu
24of parental care, supervision and control. [The term does not
25include a person who is employed by or provides services or
26programs in any public or private school, intermediate unit or
27area vocational-technical school.]

<-28"Parent." A biological parent, adoptive parent or legal
29guardian.

30* * *

<-1"Recent act." Any act committed within two years of the date
2of the report to the Department of Public Welfare or county
3agency.

4"Recent [acts or omissions." Acts or omissions] act or 
5failure to act." Any act or failure to act committed within two 
6years of the date of the report to the Department of Public 
7Welfare or county agency.

8"Recklessly." The term shall have the same meaning as
9provided in 18 Pa.C.S. § 302 (relating to general requirements
10of culpability).

<-11"Relative." A person who is 14 years of age or older and is
12related to the child within the third degree of consanguinity or
13affinity, whether or not the individual lives in the same home
14as the child.

15* * *

16["Serious physical injury." An injury that:

17(1) causes a child severe pain; or

18(2) significantly impairs a child's physical
19functioning, either temporarily or permanently.]

20"Serious physical neglect." Any of the following when
21committed by a perpetrator that endangers a child's life or
22health, threatens a child's well-being, causes bodily injury or
23impairs a child's health, development or functioning:

24(1) A repeated, prolonged or unconscionable <-egregious
25failure to supervise a child in a manner that is appropriate
26considering the child's developmental age and abilities.

27(2) The failure to provide a child with adequate
28essentials of life, including food, shelter or medical care.

29["Sexual abuse or exploitation." Any of the following:

30(1) The employment, use, persuasion, inducement,

1enticement or coercion of a child to engage in or assist
2another individual to engage in sexually explicit conduct.

3(2) The employment, use, persuasion, inducement,
4enticement or coercion of a child to engage in or assist
5another individual to engage in simulation of sexually
6explicit conduct for the purpose of producing visual
7depiction, including photographing, videotaping, computer
8depicting and filming.

9(3) Any of the following offenses committed against a
10child:

11(i) Rape.

12(ii) Sexual assault.

13(iii) Involuntary deviate sexual intercourse.

14(iv) Aggravated indecent assault.

15(v) Molestation.

16(vi) Incest.

17(vii) Indecent exposure.

18(viii) Prostitution.

19(ix) Sexual abuse.

20(x) Sexual exploitation.]

21"Sexual abuse or exploitation." Any of the following:

22(1) The employment, use, persuasion, inducement,
23enticement or coercion of a child to engage in or assist
24another individual to engage in sexually explicit conduct,
25which includes, but is not limited to, the following:

26(i) Looking at the sexual or other intimate parts of
27a child or another individual for the purpose of arousing
28or gratifying sexual desire in any individual.

29(ii) Participating in sexually explicit conversation 
30either in person, by telephone, by computer or by a
 

1computer-aided device for the purpose of sexual 
2stimulation or gratification of any individual.

3(iii) Actual or simulated sexual activity or nudity
4for the purpose of sexual stimulation or gratification of
5any individual.

6(iv) Actual or simulated sexual activity for the
7purpose of producing visual depiction, including
8photographing, videotaping, computer depicting or
9filming.

10This paragraph does not include consensual activities between
11a child who is 14 years of age or older and another person
12who is 14 years of age or older and whose age is within four
13years of the child's age.

14(2) Any of the following offenses committed against a
15child:

16(i) Rape, as defined in 18 Pa.C.S. § 3121 (relating
17to rape).

18(ii) Statutory sexual assault, as defined in
1918 Pa.C.S. § 3122.1 (relating to statutory sexual
20assault).

21(iii) Involuntary deviate sexual intercourse, as
22defined in 18 Pa.C.S. § 3123 (relating to involuntary
23deviate sexual intercourse).

24(iv) Sexual assault, as defined in
2518 Pa.C.S. § 3124.1 (relating to sexual assault).

26(v) Institutional sexual assault, as defined in
2718 Pa.C.S. § 3124.2 (relating to institutional sexual
28assault).

29(vi) Aggravated indecent assault, as defined in
3018 Pa.C.S. § 3125 (relating to aggravated indecent

1assault).

2(vii) Indecent assault, as defined in
318 Pa.C.S. § 3126 (relating to indecent assault).

4(viii) Indecent exposure, as defined in
518 Pa.C.S. § 3127 (relating to indecent exposure).

6(ix) Incest, as defined in 18 Pa.C.S. § 4302
7(relating to incest).

8(x) Prostitution, as defined in 18 Pa.C.S. § 5902
9(relating to prostitution and related offenses).

10(xi) Sexual abuse, as defined in 18 Pa.C.S. § 6312
11(relating to sexual abuse of children).

12(xii) Unlawful contact with a minor, as defined in
1318 Pa.C.S. § 6318 (relating to unlawful contact with
14minor).

15(xiii) Sexual exploitation, as defined in
1618 Pa.C.S. § 6320 (relating to sexual exploitation of
17children).

18* * *

<-19[(b) Child abuse.--

<-20[(1) The term "child abuse" shall mean any of the
21following:

22(i) Any recent act or failure to act by a
23perpetrator which causes nonaccidental serious physical
24injury to a child under 18 years of age.

25(ii) An act or failure to act by a perpetrator which
26causes nonaccidental serious mental injury to or sexual
27abuse or sexual exploitation of a child under 18 years of
28age.

29(iii) Any recent act, failure to act or series of
30such acts or failures to act by a perpetrator which

1creates an imminent risk of serious physical injury to or
2sexual abuse or sexual exploitation of a child under 18
3years of age.

4(iv) Serious physical neglect by a perpetrator
5constituting prolonged or repeated lack of supervision or
6the failure to provide essentials of life, including
7adequate medical care, which endangers a child's life or
8development or impairs the child's functioning.

9(2) No child shall be deemed to be physically or
10mentally abused based on injuries that result solely from
11environmental factors that are beyond the control of the
12parent or person responsible for the child's welfare, such as
13inadequate housing, furnishings, income, clothing and medical
14care.

15(3) If, upon investigation, the county agency determines
16that a child has not been provided needed medical or surgical
17care because of seriously held religious beliefs of the
18child's parents, guardian or person responsible for the
19child's welfare, which beliefs are consistent with those of a
20bona fide religion, the child shall not be deemed to be
21physically or mentally abused. The county agency shall
22closely monitor the child and shall seek court-ordered
23medical intervention when the lack of medical or surgical
24care threatens the child's life or long-term health. In cases
25involving religious circumstances, all correspondence with a
26subject of the report and the records of the Department of
27Public Welfare and the county agency shall not reference
28"child abuse" and shall acknowledge the religious basis for
29the child's condition, and the family shall be referred for
30general protective services, if appropriate.]

<-1The term "child abuse" shall mean intentionally, knowingly or

2(<-b.1) Child abuse.--The term "child abuse" shall mean 
3intentionally, knowingly or recklessly doing any of the
4following:

5(1) Causing bodily injury to a child through any recent
6act or failure to act.

<-7(2) Fabricating, feigning or intentionally exaggerating
8or inducing a medical symptom or disease which results in a
9potentially harmful medical evaluation or treatment to the
10child through any recent act.

<-11(2) (3) Causing or substantially contributing to serious
12mental injury to a child through any act or failure to act or
13a series of such acts or failures to act.

<-14(3) (4) Causing sexual abuse or exploitation of a child
15through any act or failure to act.

<-16(4) (5) Creating a reasonable likelihood of bodily
17injury to a child through any recent act or failure to act.

<-18(5) (6) Creating a likelihood of sexual abuse or
19exploitation of a child through any recent act or failure to
20act.

<-21(6) (7) Causing serious physical neglect of a child.

<-22(7) (8) Engaging in any of the following recent acts:

23(i) Kicking, biting <-or, throwing, burning, stabbing
24or cutting a child in a manner that endangers the child.

25(ii) Unreasonably<- physically restraining restraining
26or confining a child, based on consideration of the
27method, location or the duration of the restraint <-or
28confinement.

29(iii) Forcefully shaking a child under one year of
30age.

1(iv) Forcefully <-slapping or otherwise striking a
2child under one year of age.

3(v) Interfering with the breathing of a child.

4(vi) Causing a child to be present at a location
<-5where any of the following offenses has occurred:

6(A) A violation of 18 Pa.C.S. § 7508.2 (relating
7to operation of methamphetamine laboratory) resulting
8in a conviction.

9(B) A felony violation of the act of April 14,
101972, known as The Controlled Stance, Drug, Device
11and Cosmetics Act, resulting in a conviction.

12(C) A violation of 75 Pa.C.S. § 3802 (relating
13to driving under the influence of alcohol or a
14controlled substance), where the child is a
15passenger, resulting in a conviction. <-while a
16violation of 18 Pa.C.S. § 7508.2 (relating to
17operation of methamphetamine laboratory) is
18occurring, provided that the violation is being
19investigated by law enforcement.

20(vii) Leaving a child unsupervised with an
21individual, other than the child's parent, who the actor
22knows or reasonably should have known:

23(A) Is required to register as a Tier II or Tier
24III sexual offender under 42 Pa.C.S. Ch. 97 Subch. H
25(relating to registration of sexual offenders), where
26the victim of the sexual offense was under 18 years
27of age when the crime was committed.

28(B) Has been determined to be a sexually violent
29predator under 42 Pa.C.S. § 9799.24 (relating to
30assessments) or any of its predecessors.

1(C) Has been determined to be a sexually violent
2delinquent child as defined in 42 Pa.C.S. § 9799.12
3(relating to definitions).

<-4(8) (9) Causing the death of the child through any act
5or failure to act.

<-6(c) Restatement of culpability.--Conduct that causes
7injury or harm to a child or creates a risk of injury or harm
8to a child shall not be considered child abuse if there is no
9evidence that the person acted intentionally, knowingly or
10recklessly when causing the injury or harm to the child or
11creating a risk of injury or harm to the child.

<-12(c) (d) Child abuse exclusions.--The term "child abuse" does
13not include any conduct for which an exclusion is provided in
14section 6304 (relating to exclusions from child abuse).

15Section 2. Title 23 is amended by adding a section to read:

16§ 6304. Exclusions from child abuse.

17(a) Environmental factors.--No child shall be deemed to be
18physically or mentally abused based on injuries that result
19solely from environmental factors <-that are beyond the control of
20the parent or guardian, such as inadequate housing, furnishings,
21income, clothing and medical care.,<- such as inadequate housing,
22furnishings, income, clothing and medical care, that are beyond
23the control of the parent or person responsible for the child's
24welfare with whom the child resides. This subsection shall not
25apply to any child-care service as defined in this chapter,
26excluding an adoptive parent.

27(b) Practice of religious beliefs.--If, upon investigation,
28the county agency determines that a child has not been provided
29needed medical or surgical care because of sincerely held
30religious beliefs of the child's parents or<- guardian <-relative

1within the third degree of consanguinity and with whom the child
2resides, which beliefs are consistent with those of a bona fide
3religion, the child shall not be deemed to be physically or
4mentally abused. In such cases the following shall apply:

5(1) The county agency shall closely monitor the child
6and the child's family and shall seek court-ordered medical
7intervention when the lack of medical or surgical care
8threatens the child's life or long-term health.

9(2) All correspondence with a subject of the report and
10the records of the department and the county agency shall not
11reference child abuse and shall acknowledge the religious
12basis for the child's condition.

13(3) The family shall be referred for general protective
14services, if appropriate.

15(4) This subsection shall not apply if the failure to
16provide needed medical or surgical care causes the death of
17the child.

<-18(5) This subsection shall not apply to any child-care
19service as defined in this chapter, excluding an adoptive
20parent.

21(c) Use of force for supervision, control and safety 
22purposes.--Subject to subsection (d), the use of reasonable 
23force on or against a child by<- a person responsible for 
24supervision, control or safety of the child <-the child's own 
25parent or person responsible for the child's welfare shall not 
26be considered child abuse if any of the following conditions 
27apply:

28(1) The use of reasonable force constitutes incidental,
29minor or reasonable physical contact with the child or other
30actions that are designed to maintain order and control.

1(2) The use of reasonable force is necessary:

2(i) to quell a disturbance or remove the child from
3the scene of a disturbance that threatens physical injury
4to persons or damage to property;

5(ii) to prevent the child from self-inflicted
6physical harm;

7(iii) for self-defense or the defense of another
8individual; or

9(iv) to obtain possession of weapons or other
10dangerous objects or controlled substances or
11paraphernalia that are on the child or within the control
12of the child.

<-13(d) Reasonable force by parents and guardians and other
14authorized persons.--Notwithstanding subsection (c), this
15chapter does not restrict the generally recognized existing
16rights of parents, guardians and persons authorized by a parent
17or guardian to use reasonable force for supervision, control and
18discipline when raising children. Such force shall not be
19considered child abuse, provided that force is used in a
20reasonable and controlled manner. When determining whether such
21force is reasonable, the intent of the parent, guardian or other
22authorized person, the circumstances, the physical and mental
23maturity of the child and the physical and mental condition of
24the child are factors to be considered. This subsection shall
25not be construed to supersede any law or regulation prohibiting
26or regulating the use of disciplinary force or physical
27punishment by certain individuals who are not parents or
28guardians, including, but not limited to, foster parents, school
29employees, child care employees and employees of residential
30facilities.

<-1(d) Rights of parents.--Nothing in this chapter shall be
2construed to restrict the generally recognized existing rights
3of parents to use reasonable force on or against their children
4for the purposes of supervision, control and discipline of their
5children. Such reasonable force shall not constitute child
6abuse.

7(e) Participation in events that involve physical contact
8with child.--An individual participating in a practice or
9competition in an interscholastic sport, physical education, a
10recreational activity or an extracurricular activity that
11involves physical contact with a child does not, in itself,
12constitute contact that is subject to the reporting requirements
13of this chapter.

<-14(f) Peer-on-peer contact.--No child shall be deemed to be
15physically or mentally abused based on injuries that result from
16a dispute, fight or scuffle with a peer.

<-17(f) Child-on-child contact.--

18(1) Harm or injury to a child that results from the act
19of another child shall not constitute child abuse unless the
20child who caused the harm or injury is a perpetrator.

21(2) Notwithstanding paragraph (1), the following shall
22apply:

23(i) Acts constituting any of the following crimes
24against a child shall be subject to the reporting
25requirements of this chapter:

26(A) rape as defined in 18 Pa.C.S. § 3121
27(relating to rape);

28(B) involuntary deviate sexual intercourse as
29defined in 18 Pa.C.S. § 3123 (relating to involuntary
30deviate sexual intercourse);

1(C) sexual assault as defined in 18 Pa.C.S. §
23124.1 (relating to sexual assault);

3(D) aggravated indecent assault as defined in 18
4Pa.C.S. § 3125 (relating to aggravated indecent
5assault);

6(E) indecent assault, as defined in 18 Pa.C.S. §
73126 (relating to indecent assault);

8(F) indecent exposure, as defined in 18 Pa.C.S.
9§ 3127 (relating to indecent exposure).

10(ii) No child shall be deemed to be a perpetrator of
11child abuse based solely on physical or mental injuries
12caused to another child in the course of a dispute, fight
13or scuffle entered into by mutual consent.

14(iii) A law enforcement official who receives a
15report of suspected child abuse is not required to make a
16report to the department under section 6334(a) (relating
17to disposition of complaints received), if the person
18allegedly responsible for the child abuse is a
19nonperpetrator child.

20(g) Defensive force.--Reasonable force for self-defense or
21the defense of another individual, consistent with the
22provisions of with 18 Pa.C.S. §§ 505 (relating to use of force
23for self-protection) and 506 (relating to use of force for the
24protection of other persons), shall not be considered child
25abuse.

<-26(h) Accidental conduct.--Conduct that causes injury or harm
27to a child or creates a risk of injury or harm to a child shall
28not be considered child abuse if there is no evidence that the
29person acted intentionally, knowingly or recklessly when causing
30the injury or harm to the child or creating a risk of injury or

1harm to the child.

2Section 3. Section 6338 of Title 23 is amended by adding
3subsections to to read:

4§ 6338. Disposition of founded and indicated reports.

5* * *

6(d) Expunction of information when a perpetrator attains 21
7years of age.--Notwithstanding subsection (c), the name of a
8perpetrator of child abuse who was under 18 years of age when
9the individual committed child abuse shall be expunged from the
10Statewide central register when the individual reaches 21 years
11of age, if the individual has not been named as a perpetrator in
12any subsequent founded or indicated report of child abuse. The
13expunction shall be mandated and guaranteed by the department.

14(e) Nonapplicability.--The provisions of subsection (d)
15shall not apply in the case of a:

16(1) sexually violent delinquent child as defined in 42
17Pa.C.S. § 9799.12 (relating to definitions) who:

18(i) is required to register under 42 Pa.C.S. Ch. 97
19Subch. H (relating to registration of sexual offenders);
20and

21(ii) was found delinquent as a result of the same
22acts which resulted in the sexually violent delinquent
23child being named a perpetrator of child abuse; or

24(2) juvenile offender as defined in 42 Pa.C.S. § 9799.12
25who:

26(i) is required to register under 42 Pa.C.S. Ch. 97
27Subch. H;

28(ii) is required to register under 42 Pa.C.S. Ch. 97
29Subch. H as a result of an adjudication of delinquency
30for the same acts which resulted in the juvenile

1offender's being named a perpetrator of child abuse; and

2(iii) has not been removed from the Statewide
3Registry of Sexual Offenders pursuant to 42 Pa.C.S. §
49799.17 (relating to termination of period of
5registration for juvenile offenders).

6Section 4. Sections 6340(a)(9), (10) and (13) and 6368(a) of
7Title 23 are amended to read:

8§ 6340. Release of information in confidential reports.

9(a) General rule.--Reports specified in section 6339
10(relating to confidentiality of reports) shall only be made
11available to:

12* * *

13(9) Law enforcement officials of any jurisdiction, as
14long as the information is relevant in the course of
15investigating cases of:

16(i) Homicide or other criminal offense set forth in
17section 6344(c) (relating to information relating to
18prospective child-care personnel), sexual abuse, sexual
19exploitation, serious bodily injury or [serious physical
20injury] bodily injury perpetrated by persons whether or
21not related to the victim.

22(ii) Child abuse perpetrated by persons who are not
23family members.

24(iii) Repeated physical injury to a child under
25circumstances which indicate that the child's health,
26safety or welfare is harmed or threatened.

27(iv) A missing child report.

28(10) The district attorney or his designee or other law
29enforcement official, as set forth in the county protocols
30for investigative teams required in section 6365(c) (relating

1to services for prevention, investigation and treatment of
2child abuse), shall receive, immediately after the county
3agency has ensured the safety of the child, reports of abuse,
4either orally or in writing, according to regulations
5promulgated by the department, from the county agency in
6which the initial report of suspected child abuse or initial
7inquiry into the report gives evidence that the abuse is:

8(i) a criminal offense set forth in section 6344(c),
9not including an offense under 18 Pa.C.S. § 4304
10(relating to endangering welfare of children) or an
11equivalent crime under Federal law or the law of another
12state, sexual abuse, sexual exploitation or serious
13bodily injury perpetrated by persons, whether or not
14related to the victim;

15(ii) child abuse perpetrated by persons who are not
16family members; or

17(iii) [serious physical injury] bodily injury
18involving extensive and severe bruising, burns, broken
19bones, lacerations, internal bleeding, shaken baby
20syndrome or choking or an injury that significantly
21impairs a child's physical functioning, either
22temporarily or permanently.

23* * *

24(13) [Persons required to make reports under Subchapter
25C.1 (relating to students in public and private schools).
26Information under this paragraph shall be] If the alleged
27perpetrator is a school employee, the school administrator
28shall receive information limited to the final status of the
29report following the investigation as to whether the report
30is indicated, founded or unfounded. Information disclosed

1pursuant to this paragraph shall be provided to the school
2administrator within ten days of the completion of the
3investigation.

4* * *

5§ 6368. Investigation of reports.

6(a) General rule.--Upon receipt of each report of suspected
7child abuse, the county agency shall immediately commence an
8appropriate investigation and see the child immediately if
9emergency protective custody is required or has been or shall be
10taken or if it cannot be determined from the report whether
11emergency protective custody is needed. Otherwise, the county
12agency shall commence an appropriate investigation and see the
13child within 24 hours of receipt of the report. The
14investigation shall include a determination of the risk of harm
15to the child or children if they continue to remain in the
16existing home environment, as well as a determination of the
17nature, extent and cause of any condition enumerated in the
18report, any action necessary to provide for the safety of the
19child or children and the taking of photographic identification
20of the child or children to be maintained with the file. During
21the investigation, the county agency shall provide or arrange
22for services necessary to protect the child while the agency is
23making a determination pursuant to this section. If the
24investigation indicates [serious physical injury] bodily injury,
25a medical examination shall be performed on the subject child by
26a certified medical practitioner. Where there is reasonable
27cause to suspect there is a history of prior or current abuse,
28the medical practitioner has the authority to arrange for
29further medical tests or the county agency has the authority to
30request further medical tests. The investigation shall include

1communication with the department's service under section 6332
2(relating to establishment of Statewide toll-free telephone
3number). Prior to interviewing a subject of the report, the
4county agency shall orally notify the subject who is about to be
5interviewed of the existence of the report, the subject's rights
6under 42 Pa.C.S. §§ 6337 (relating to right to counsel) and 6338
7(relating to other basic rights) and the subject's rights
8pursuant to this chapter in regard to amendment or expungement.
9Within 72 hours following oral notification to the subject, the
10county agency shall give written notice to the subject. The
11notice may be reasonably delayed if notification is likely to
12threaten the safety of the victim, a nonperpetrator subject or
13the investigating county agency worker, to cause the perpetrator
14to abscond or to significantly interfere with the conduct of a
15criminal investigation. However, the written notice must be
16provided to all subjects prior to the county agency's reaching a
17finding on the validity of the report.

18* * *

19Section 5. This act shall take effect in 60 days.

<-20Section 3. This act shall take effect December 31, 2014.