<-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.

<-5Amending Title 23 (Domestic Relations) of the Pennsylvania
6Consolidated Statutes, in child protective services, further
7providing for definitions; and making editorial changes.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

<-10Section 1. Section 6303(a) heading and (b) of Title 23 of
11the Pennsylvania Consolidated Statutes are amended and
12subsection (a) is amended by adding a definition to read:

13§ 6303. Definitions.

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

17* * *

18"Child abuse." Except as otherwise provided in section 6304
19(relating to exclusions from child abuse), any of the following

1with respect to a child:

2(1) Recklessly or intentionally acting against a child
3with either of the following outcomes which occurred within
4two years of the date of the report to the department or
5county agency:

6(i) Causing bodily injury or serious bodily injury
7to a child.

8(ii) Creating a reasonable likelihood of bodily
9injury or serious bodily injury to a child. The actions
10may include the fabrication, feigning or intentionally
11exaggerating or inducing a medical symptom or disease
12which results in a potentially harmful medical evaluation
13or treatment to the child.

14(2) Recklessly or intentionally engaging in any of the
15following conduct that has occurred within two years of the
16date of the report to the department or county agency:

17(i) Kicking, burning, biting, stabbing, cutting or
18throwing a child in a manner that may endanger the child.

19(ii) Unreasonably confining or restraining a child,
20based upon the method, location or the duration of the
21confinement or restraint.

22(iii) Forcefully shaking a child if the child is
23under one year of age.

24(iv) Forcefully slapping a child if the child is
25under one year of age.

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

27(vi) Causing the child to be present at a location
28where any of the following is occurring:

29(A) A violation of 18 Pa.C.S. § 7508.2 (relating
30to operation of methamphetamine laboratory).

1(B) A felony violation of the act of April 14,
21972 (P.L.233, No.64), known as The Controlled
3Substance, Drug, Device and Cosmetic Act.

4(vii) Operating a vehicle in which the child is a
5passenger while a violation of 75 Pa.C.S. § 3802
6(relating to driving under influence of alcohol or
7controlled substance) is occurring.

8(viii) Leaving a child alone with an individual who
9is 14 years of age or older and subject to registration
10under 42 Pa.C.S. Ch. 97 Subch. H (relating to
11registration of sexual offenders).

12(3) Causing or significantly contributing, by an act or
13series of acts, to the serious mental injury to a child.

14(4) Recklessly or intentionally acting to cause the
15sexual abuse or exploitation of a child.

16(5) Causing serious physical neglect of a child.

17(6) Attempting to engage in any conduct under paragraph
18(1), (2), (3) or (4).

19(7) Failing to act which:

20(i) has occurred within two years of the date of the
21report to the department or county agency; and

22(ii) does any of the following:

23(A) Causes bodily injury or creates a reasonable
24likelihood of bodily injury to a child.

25(B) Recklessly or intentionally engages in
26conduct under paragraph (2).

27(8) Causing harm or injury as set forth in paragraph (3)
28or (4) by failing to act.

29(9) Recklessly or intentionally performing an act which
30results in the death of a child.

1* * *

2[(b) Child abuse.--

3(1) The term "child abuse" shall mean any of the
4following:

5(i) Any recent act or failure to act by a
6perpetrator which causes nonaccidental serious physical
7injury to a child under 18 years of age.

8(ii) An act or failure to act by a perpetrator which
9causes nonaccidental serious mental injury to or sexual
10abuse or sexual exploitation of a child under 18 years of
11age.

12(iii) Any recent act, failure to act or series of
13such acts or failures to act by a perpetrator which
14creates an imminent risk of serious physical injury to or
15sexual abuse or sexual exploitation of a child under 18
16years of age.

17(iv) Serious physical neglect by a perpetrator
18constituting prolonged or repeated lack of supervision or
19the failure to provide essentials of life, including
20adequate medical care, which endangers a child's life or
21development or impairs the child's functioning.

22(2) No child shall be deemed to be physically or
23mentally abused based on injuries that result solely from
24environmental factors that are beyond the control of the
25parent or person responsible for the child's welfare, such as
26inadequate housing, furnishings, income, clothing and medical
27care.

28(3) If, upon investigation, the county agency determines
29that a child has not been provided needed medical or surgical
30care because of seriously held religious beliefs of the

1child's parents, guardian or person responsible for the
2child's welfare, which beliefs are consistent with those of a
3bona fide religion, the child shall not be deemed to be
4physically or mentally abused. The county agency shall
5closely monitor the child and shall seek court-ordered
6medical intervention when the lack of medical or surgical
7care threatens the child's life or long-term health. In cases
8involving religious circumstances, all correspondence with a
9subject of the report and the records of the Department of
10Public Welfare and the county agency shall not reference
11"child abuse" and shall acknowledge the religious basis for
12the child's condition, and the family shall be referred for
13general protective services, if appropriate.]

14Section 2. Title 23 is amended by adding a section to read:

15§ 6304.  Exclusions from child abuse.

16(a)  Environmental factors.--No child shall be deemed to be
17physically or mentally abused based on injuries that result
18solely from environmental factors that are beyond the control of
19the parent or person responsible for the child's welfare, such
20as inadequate housing, furnishings, income, clothing and medical
21care.

22(b) Practice of religious beliefs.--If, upon investigation,
23the county agency determines that a child has not been provided
24needed medical or surgical care because of seriously held
25religious beliefs of the child's parents, guardian or person
26responsible for the child's welfare, which beliefs are
27consistent with those of a bona fide religion, the child shall
28not be deemed to be physically or mentally abused. The county
29agency shall closely monitor the child and shall seek court-
30ordered medical intervention when the lack of medical or

1surgical care threatens the child's life or long-term health. In
2cases involving religious circumstances, all correspondence with
3a subject of the report and the records of the Department of
4Public Welfare and the county agency shall not reference "child
5abuse" and shall acknowledge the religious basis for the child's
6condition, and the family shall be referred for general
7protective services, if appropriate.

8(c)  Use of force for disciplinary purposes.--Subject to
9subsection (d), the use of reasonable force under the
10circumstances against a child by a person responsible for a
11child's welfare shall not be considered child abuse if any of
12the following conditions apply:

13(1)  The use of reasonable force constitutes incidental,
14minor or reasonable physical contact with the child or other
15actions that are designed to maintain order and control.

16(2)  The use of reasonable force is necessary:

17(i)  to quell a disturbance or remove the child from
18the scene of a disturbance that threatens physical injury
19to persons or damage to property;

20(ii)  to prevent the child from self-inflicted
21physical harm;

22(iii)  for self-defense or the defense of another
23individual; or

24(iv)  to obtain possession of weapons or other
25dangerous objects or controlled substances or
26paraphernalia that are on the child or within the control
27of the child.

28(d)  Effect on rights of parents.--Notwithstanding subsection
29(c), this chapter does not restrict the generally recognized
30existing rights of parents to use reasonable supervision and

1control when raising their children, subject to the provisions
2of 18 Pa.C.S. § 509 (relating to use of force by persons with
3special responsibility for care, discipline or safety of
4others).

5(e)  Participation in events that involve physical contact
6with child.--An individual participating in a practice or
7competition in an interscholastic sport, physical education or
8an extracurricular activity that involves physical contact with
9a child does not, in itself, constitute contact that is subject
10to the reporting requirements of this chapter.

11(f)  Peer-on-peer contact.--No child shall be deemed to be
12physically or mentally abused based on injuries that result
13solely from a fight or scuffle mutually entered into by mutual
14consent.

15Section 3. This act shall take effect in 60 days.

<-16Section 1. The definitions of "child," "founded report,"
17"indicated report," "individual residing in the same home as the
18child," "near fatality" and "school employee" in section 6303(a)
19of Title 23 of the Pennsylvania Consolidated Statues are
20amended, the subsection is amended by adding definitions,
21subsection (b) is amended and the section is amended by adding
22subsections to read:

23§ 6303. Definitions.

24(a) General rule.--The following words and phrases when used
25in this chapter shall have the meanings given to them in this
26section unless the context clearly indicates otherwise:

27* * *

28"Bodily injury." Impairment of a physical condition or
29substantial pain.

30"Child." [Includes a newborn] An individual under 18 years
 

1of age.

2* * *

3"Founded report." [A child abuse report made pursuant to
4this chapter if there has been any judicial adjudication based
5on a finding that a child who is a subject of the report has
6been abused, including the entry of a plea of guilty or nolo
7contendere or a finding of guilt to a criminal charge involving
8the same factual circumstances involved in the allegation of
9child abuse.] A child abuse report involving a perpetrator that 
10is made pursuant to this chapter, if any of the following 
11applies:

12(1)  There has been a judicial adjudication based on a
13finding that a child who is a subject of the report has been
14abused and the adjudication involves the same factual
15circumstances involved in the allegation of child abuse. The
16judicial adjudication may include any of the following:

17(i)  The entry of a plea of guilty or nolo
18contendere.

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

20(iii)  A finding of dependency under 42 Pa.C.S. §
216341 (relating to adjudication) if the court has entered
22a finding that a child who is the subject of the report
23has been abused.

24(iv) A finding of delinquency under 42 Pa.C.S. § 
256341 if the court has entered a finding that the child 
26who is the subject of the report has been abused by the 
27child who was found to be delinquent.

28(2)  There has been an acceptance into Accelerated 
29Rehabilitative Disposition program and the reason for the 
30acceptance involves the same factual circumstances involved
 

1in the allegation of child abuse.

2(3)  There has been a consent decree entered in a
3juvenile proceeding under 42 Pa.C.S. Ch. 63 (relating to
4juvenile matters), the decree involves the same factual
5circumstances involved in the allegation of child abuse and
6the terms and conditions of the allegation include an
7acknowledgment, admission or finding that a child who is the
8subject of the report has been abused by the child who is
9alleged to be delinquent.

10(4)  A final protection from abuse order has been granted
11under section 6108 (relating to relief), when the child who
12is a subject of the report is one of the individuals
13protected under the protection from abuse order and:

14(i)  only one individual is charged with the abuse in
15the protection from abuse action;

16(ii)  only that individual defends against the
17charge; and

18(iii)  the protection from abuse adjudication finds
19that the abuse occurred and prohibits further contact
20between the individual and the child.

21* * *

22"Indicated report." [A child abuse report made pursuant to
23this chapter if an investigation by the county agency or the
24Department of Public Welfare determines that substantial
25evidence of the alleged abuse exists based on any of the
26following:

27(1) Available medical evidence.

28(2) The child protective service investigation.

29(3) An admission of the acts of abuse by the
30perpetrator.]

1(1) Subject to paragraphs (2) and (3), a report of child
2abuse made pursuant to this chapter if an investigation by
3the department or county agency determines that substantial
4evidence of the alleged abuse by a perpetrator exists based
5on any of the following:

6(i) Available medical evidence.

7(ii) The child protective service investigation.

8(iii) An admission of the acts of abuse by the
9perpetrator.

10(2) A report may be indicated under paragraph (1)(i) or
11(ii) for any child in need of child protective services,
12regardless of the number of alleged perpetrators or the
13inability to identify the specific perpetrator among two or
14more alleged perpetrators.

15(3) A report may be indicated by a county agency under
16paragraph (1) only upon the approval of the county agency
17administrator, or designee, and a county agency solicitor.

18* * *

19"Intentionally." As specified in 18 Pa.C.S. § 302 (relating 
20to general requirements of culpability).

21"Knowingly." As specified in 18 Pa.C.S. § 302 (relating to
22general requirements of culpability).

23* * *

24"Parent."  A biological parent, adoptive parent or legal
25guardian.

26* * *

27"Recklessly." As specified in 18 Pa.C.S. § 302 (relating to
28general requirements of culpability).

29* * *

30"Serious physical neglect." Any of the following when

1committed by a perpetrator that endangers a child's life or
2health, threatens a child's well-being, causes bodily injury or
3impairs a child's health, development or functioning:

4(1) A repeated, prolonged or egregious failure to
5supervise a child in a manner that is appropriate considering
6the child's developmental age and abilities.

7(2) The failure to provide a child with adequate
8essentials of life, including food, shelter or medical care.

9* * *

10[(b) Child abuse.--

11(1) The term "child abuse" shall mean any of the
12following:

13(i) Any recent act or failure to act by a
14perpetrator which causes nonaccidental serious physical
15injury to a child under 18 years of age.

16(ii) An act or failure to act by a perpetrator which
17causes nonaccidental serious mental injury to or sexual
18abuse or sexual exploitation of a child under 18 years of
19age.

20(iii) Any recent act, failure to act or series of
21such acts or failures to act by a perpetrator which
22creates an imminent risk of serious physical injury to or
23sexual abuse or sexual exploitation of a child under 18
24years of age.

25(iv) Serious physical neglect by a perpetrator
26constituting prolonged or repeated lack of supervision or
27the failure to provide essentials of life, including
28adequate medical care, which endangers a child's life or
29development or impairs the child's functioning.

30(2) No child shall be deemed to be physically or

1mentally abused based on injuries that result solely from
2environmental factors that are beyond the control of the
3parent or person responsible for the child's welfare, such as
4inadequate housing, furnishings, income, clothing and medical
5care.

6(3) If, upon investigation, the county agency determines
7that a child has not been provided needed medical or surgical
8care because of seriously held religious beliefs of the
9child's parents, guardian or person responsible for the
10child's welfare, which beliefs are consistent with those of a
11bona fide religion, the child shall not be deemed to be
12physically or mentally abused. The county agency shall
13closely monitor the child and shall seek court-ordered
14medical intervention when the lack of medical or surgical
15care threatens the child's life or long-term health. In cases
16involving religious circumstances, all correspondence with a
17subject of the report and the records of the Department of
18Public Welfare and the county agency shall not reference
19"child abuse" and shall acknowledge the religious basis for
20the child's condition, and the family shall be referred for
21general protective services, if appropriate.]

22(b.1) Child abuse.--Except as otherwise provided in this
23section, any of the following with respect to a child:

24(1) Knowingly, recklessly or intentionally acting or
25failing to act against a child with either of the following
26outcomes which occurred within two years of the date of the
27report to the department or county agency:

28(i) Causing bodily injury or serious bodily injury
29to a child.

30(ii) Creating a reasonable likelihood of bodily

1injury or serious bodily injury to a child. The actions
2may include, but are not limited to, the fabrication,
3feigning or intentionally exaggerating or inducing a
4medical symptom or disease which results in a potentially
5harmful medical evaluation or treatment to the child.

6(2) Knowingly, recklessly or intentionally engaging in
7any of the following conduct that has occurred within two
8years of the date of the report to the department or county
9agency:

10(i) Kicking, burning, biting, stabbing, cutting or
11throwing a child in a manner that may endanger the child.

12(ii) Unreasonably confining or restraining a child,
13based upon the method, location or the duration of the
14confinement or restraint.

15(iii) Forcefully shaking a child if the child is
16under one year of age.

17(iv) Forcefully slapping or striking a child if the
18child is under one year of age.

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

20(vi) Causing the child to be present at a location
21where any of the following offenses, subject to
22investigation by law enforcement, is occurring:

23(A) A violation of 18 Pa.C.S. § 7508.2 (relating
24to operation of methamphetamine laboratory).

25(B) A felony violation of the act of April 14,
261972 (P.L.233, No.64), known as The Controlled
27Substance, Drug, Device and Cosmetic Act.

28(vii) Operating a vehicle in which the child is a
29passenger while a violation of 75 Pa.C.S. § 3802
30(relating to driving under influence of alcohol or

1controlled substance) is occurring.

2(viii) Leaving a child alone with an individual,
3other than the child's parent, who has been:

4(A) Convicted of any Tier II or Tier III sexual
5offense under 42 Pa.C.S. Ch. 97 Subch. H (relating to
6registration of sexual offenders), where the victim
7of the sexual offense was under 18 years of age when
8the crime was committed.

9(B) Determined to be a sexually violent predator
10under 42 Pa.C.S. § 9799.24 (relating to assessments)
11or any of its predecessors.

12(C) Determined to be a sexually violent
13delinquent child as defined in 42 Pa.C.S. § 9799.12
14(relating to definitions).

15(3) Knowingly, recklessly or intentionally causing or
16significantly contributing, by an act or series of acts or
17failing to act, to the serious mental injury to a child.

18(4) Knowingly, recklessly or intentionally acting to
19cause the sexual abuse or exploitation of a child.

20(5) Causing serious physical neglect of a child.

21(6) Attempting to engage in any conduct under paragraph
22(1), (3) or (4).

23(7) Knowingly, recklessly or intentionally performing an
24act or failing to act which results in the death of a child.

25(b.2) Child-on-child contact.--Harm or injury to a child
26that results from the act of another child shall not constitute
27child abuse unless:

28(1) The act constitutes one of the following crimes:

29(i) rape as defined in 18 Pa.C.S. § 3121 (relating
30to rape);

1(ii) involuntary deviate sexual intercourse as
2defined in 18 Pa.C.S. § 3123 (relating to involuntary
3deviate sexual intercourse);

4(iii) sexual assault as defined in 18 Pa.C.S. §
53124.1 (relating to sexual assault); or

6(iv) aggravated indecent assault as defined in 18
7Pa.C.S. § 3125 (relating to aggravated indecent assault).

8(2) The child who caused the harm or injury is a
9perpetrator as defined herein.

10(c) Environmental factors.--Notwithstanding subsection
11(b.1), the term "child abuse" shall not be construed to deem a
12child to be physically or mentally abused based on injuries that
13result solely from environmental factors that are beyond the
14control of the parent or person responsible for the child's
15welfare, such as inadequate housing, furnishings, income,
16clothing and medical care. This subsection shall not apply to a
17foster parent, an individual who has direct or regular contact
18with a child through any program, activity or service sponsored
19by a school, for-profit organization or religious or other not-
20for-profit organization, a school employee, child care employee
21or an employee of a residential facility.

22(d) Participation in events that involve physical contact
23with child.--Notwithstanding subsection (b.1), the term "child
24abuse" shall not be construed, in itself, to apply to an
25individual participating in a practice or competition in an
26interscholastic sport, physical education or an extracurricular
27activity that involves physical contact with a child.

28(e) Practice of religious beliefs.--If upon investigation
29the county agency determines that a child has not been provided
30needed medical or surgical care because of sincerely held

1religious beliefs of the child's parents, guardian or person
2responsible for the child's welfare, which beliefs are
3consistent with those of a bona fide religion, the child shall
4not be deemed to be physically or mentally abused. The county
5agency shall closely monitor the child and shall seek court-
6ordered medical intervention when the lack of medical or
7surgical care threatens the child's life or long-term health. In
8cases involving religious circumstances, all correspondence with
9a subject of the report and the records of the Department of
10Public Welfare and the county agency shall not reference "child
11abuse" and shall acknowledge the religious basis for the child's
12condition and the family shall be referred for general
13protective services, if appropriate. This subsection shall not
14apply to foster parents, an individual who has direct or regular
15contact with a child through any program, activity or service
16sponsored by a school, for-profit organization or religious or
17other not-for-profit organization, school employees, child care
18employees and employees of residential facilities.

19(f) Use of reasonable force for safety purposes.--
20Notwithstanding subsection (b.1), the term "child abuse" shall
21not be construed to apply to the use of reasonable force under
22the circumstances against a child by a person responsible for
23the child's welfare if any of the following apply:

24(1) The use of reasonable force constitutes incidental, 
25minor or reasonable physical contact with the child or other
26actions that are designed to maintain order and control.

27(2) The use of reasonable force is necessary:

28(i) to quell a disturbance or remove the child from
29the scene of a disturbance that threatens physical injury
30to persons or damage to property;

1(ii) to prevent the child from self-inflicted
2physical harm;

3(iii)  for self-defense or the defense of another
4individual; or

5(iv)  to obtain possession of weapons or other
6dangerous objects or controlled substances or
7paraphernalia that are on the child or within the control
8of the child.

9(g) Rights of parents.--Nothing in this section shall be
10construed to restrict the generally recognized existing rights
11of parents to use reasonable supervision and control when
12raising their children.

13Section 2. Section 6340(a)(5) of Title 23 is amended to
14read:

15§ 6340. Release of information in confidential reports.

16(a) General rule.--Reports specified in section 6339
17(relating to confidentiality of reports) shall only be made
18available to:

19* * *

20(5) A court of competent jurisdiction, including a
21magisterial district judge, a judge of the Philadelphia
22Municipal Court and a judge of the Pittsburgh Magistrates
23Court, pursuant to court order or subpoena in a criminal
24matter involving a charge of child abuse under section
25[6303(b)] 6303(b.1) (relating to definitions). Disclosure
26through testimony shall be subject to the restrictions of
27subsection (c).

28* * *

29Section 3. The definition of "child abuse" in section 6502
30of Title 23 is amended to read:

1§ 6502. Definitions.

2The following words and phrases when used in this chapter
3shall have the meanings given to them in this section unless the
4context clearly indicates otherwise:

5"Child abuse." Child abuse as defined in section [6303(b)]
66303(b.1) (relating to definitions).

7* * *

8Section 4. This act shall take effect January 1, 2014.