1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child protective services, <-further 
3providing for definitions; providing for electronic 
4reporting; further providing for mandatory reporting and post 
5mortem investigation of deaths; providing for responsibility 
6for investigation, for access to reports, for disposition of 
7initial reports, for disposition of reports, for cooperation 
8with county agency and for access to information in Statewide 
9database; further providing for information in Statewide 
10central register, for confidentiality of reports and for 
11release of information in confidential reports; and providing 
12for background checks. <-further providing for definitions; 
13providing for electronic reporting and for regulations; 
14further providing for mandatory reporting and postmortem 
15investigation of deaths, for establishment of pending 
16complaint file, Statewide central register and file of 
17unfounded reports, for establishment of Statewide toll-free 
18telephone number, for continuous availability of department 
19and for disposition of complaints received; providing for 
20responsibility for investigation; and further providing for 
21information in pending complaint and unfounded report files, 
22for information in Statewide central register, for 
23disposition of unfounded reports, for disposition of founded 
24and indicated reports, for confidentiality of reports, for 
25release of information in confidential reports, for studies 
26of data in records, for information relating to prospective 
27child-care personnel, for information relating to family day-
28care home residents, for cooperation of other agencies, for 
29reports to Governor and General Assembly, for penalties and
 

1for county agency requirements for general protective 
2services.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

<-5Section 1. Section 6303(a) of Title 23 of the Pennsylvania
6Consolidated Statutes is amended by adding definitions to read:

7§ 6303. Definitions.

8(a) General rule.--The following words and phrases when used
9in this chapter shall have the meanings given to them in this
10section unless the context clearly indicates otherwise:

11* * *

12"Electronic technologies." The transfer of information in
13whole or in part by technology having electrical, digital,
14magnetic, wireless, optical, electromagnetic, photo-electronic
15or photo-optical systems, or similar capabilities. The term
16includes e-mail, Internet communication or other means of
17electronic transmission.

18* * *

19"Law enforcement official." The term includes the following:

20(1) The Attorney General.

21(2) A county district attorney.

22(3) A Pennsylvania State Police officer.

23(4) A county sheriff.

24(5) A county police officer.

25(6) A county detective.

26(7) A local or municipal police officer.

27* * *

28Section 2. Title 23 is amended by adding a section to read:

29§ 6304. Electronic reporting.

30(a) Departmental procedures.--The department shall establish
31procedures for the secure use of electronic technologies to

1transmit information under this chapter.

2(b) Confirmation of reports.--A confirmation by the
3department of the receipt of a report of suspected child abuse
4submitted electronically shall relieve the person making the
5report of making an additional oral or written report of
6suspected child abuse, subject to section 6313 (relating to
7reporting procedure).

8(c)  Effect on other law.--Nothing in this chapter shall be
9construed to supersede the act of December 16, 1999 (P.L.971,
10No.69), known as the Electronic Transactions Act.

11Section 3. Section 6317 of Title 23 is amended to read:

12§ 6317. Mandatory reporting and postmortem investigation of
13deaths.

14A person or official required to report cases of suspected
15child abuse, including employees of a county agency, who has
16reasonable cause to suspect that a child died as a result of
17child abuse shall report that suspicion to the appropriate
18coroner or medical examiner. The coroner or medical examiner
19shall accept the report for investigation and shall report his
20finding to the police, the district attorney, the appropriate
21county agency and, if the report is made by a hospital, the
22hospital.

23Section 4. Chapter 63 of Title 23 is amended by adding a
24subchapter to read:

25SUBCHAPTER B.1

26INVESTIGATION AND REPORTING

27Sec.

286321. Access to reports.

296322. Responsibility for investigation.

306323. Disposition of initial reports.

16324. Disposition of reports.

26325. (Reserved).

36326. (Reserved).

46327. Cooperation.

5§ 6321. Access to reports.

6(a)  Continuous access.--The department shall be capable of
7the following on a 24-hour, seven-day-a-week basis:

8(1)  Receiving reports and referrals of suspected child
9abuse and children in need of protective services.

10(2)  Responding to requests for information from county
11agencies and law enforcement officials under section 6335.1
12(relating to access to information in Statewide database).

13(3)  Monitoring the provision of protective services.

14(b) Continuous availability.--Each county agency shall, on a
1524-hour, seven-day-a-week basis, receive reports of suspected
16child abuse from the department under section 6323(b) (relating
17to disposition of initial reports) or the general public in
18accordance with the county agency child protective services
19plan.

20(c) Verification of need.--Information may be released under
21section 6335.1 if a request for information is made orally or in
22writing and the department has done all of the following:

23(1)  Identified the requester, including electronic
24verification of the requester's identity.

25(2)  Determined whether the requester is authorized to
26obtain the information under section 6335.1.

27(3)  Provided notice to the requester that access and
28dissemination of the information is restricted as provided by
29this chapter.

30§ 6322. Responsibility for investigation.

1The department shall establish procedures regarding the
2following different responses to address suspected child abuse
3and protective services depending on the person allegedly
4committing the suspected child abuse or causing a child to be in
5need of protective services:

6(1)  If the suspected child abuse is alleged to have been
7committed by a perpetrator, the appropriate county agency
8shall investigate the allegation.

9(2)  If the suspected child abuse is alleged to have been
10committed by a perpetrator and the behavior constituting the
11suspected child abuse may include a criminal offense, the
12appropriate county agency and law enforcement official shall
13jointly investigate the allegation as required by this
14chapter.

15(3)  If the suspected child abuse is alleged to have been
16committed by a person who is not a perpetrator, law
17enforcement officials where the suspected child abuse is
18alleged to have occurred shall be solely responsible for
19investigating the allegation.

20(4)  If a child is alleged to be in need of other
21protective services, the appropriate county agency shall
22assess the needs of the child as provided under this chapter.

23§ 6323. Disposition of initial reports.

24(a) Receipt of reports.--The department shall immediately
25transmit a written notice, which may be submitted
26electronically, to the county agency and law enforcement
27officials where the suspected child abuse is alleged to have
28occurred. The notice shall contain the following information:

29(1) Notice that a report of suspected child abuse by a
30perpetrator has been received.

1(2)  The substance of the report.

2(3)  The existence of a prior report or a current
3investigation concerning a subject of the report.

4(b)  Receipt of reports by county.--After ensuring the
5immediate safety of the child and any other child in the child's
6home, a county agency or law enforcement official that receives
7a report of suspected child abuse shall immediately notify the
8department of the report. If the report is an oral report, the
9county agency or law enforcement official shall collect the
10required information and submit a written report to the
11department within 48 hours.

12(c)  Referral to law enforcement.--If the department receives
13a report of suspected child abuse that alleges that a criminal
14offense has been committed, the department shall immediately
15transmit an oral or written notice to law enforcement officials
16in the county where the suspected child abuse is alleged to have
17occurred. The notice shall contain the following information in
18accordance with this chapter:

19(1)  Receipt of a report of suspected child abuse.

20(2)  The substance of the report.

21(3) The existence of a prior report or a current
22investigation concerning a subject of the report.

23(d)  Notice of joint referrals.--When a report is referred to
24the county agency under subsection (a) or (c), the notice shall
25include the name and contact information of any persons
26receiving the referral, if known.

27(e) Ability of law enforcement to receive reports.--The
28district attorney of the county where the suspected child abuse
29is alleged to have occurred shall designate up to three
30recipients to receive reports under subsection (c) and shall

1provide contact information for each recipient to the department
2for that purpose.

3(f)  Jurisdictional overlap.--If the residency of any subject
4of a report is a factor that requires the cooperation of more
5than one county agency or an agency of another state that
6performs protective services analogous to those services
7performed by county agencies or the department, the department
8shall ensure the cooperation of those agencies in carrying out
9the requirements of this chapter.

10(g)  Referral.--If the report received does not indicate a
11need for protective services, but indicates a need for other
12services, or investigation, the department shall transmit the
13information to the county agency or other public agency for
14appropriate action. The information shall not be considered a
15child abuse report unless the county agency has reasonable cause
16to suspect that abuse occurred. If the county agency
17investigation indicates reasonable cause to suspect that abuse
18occurred, the county agency shall notify the department and the
19initial report shall be considered to be a child abuse report.

20§ 6324. Disposition of reports.

21(a)  Resident child.--A report of suspected child abuse by a
22perpetrator occurring in another state shall be referred by the
23department to the county agency and, where appropriate, to law
24enforcement officials when the child resides in this
25Commonwealth and shall be investigated as any other report of
26suspected child abuse by a perpetrator if all of the following
27apply:

28(1)  The child victim is a resident of this Commonwealth.

29(2)  The other state's child protective services agency
30fails to investigate the report.

1(b)  Resident alleged perpetrator.--

2(1)  If suspected child abuse occurs in a jurisdiction
3other than this Commonwealth and the alleged perpetrator is a
4resident of this Commonwealth, the report of suspected child
5abuse shall be referred to the county agency where the
6alleged perpetrator resides.

7(2)  The county agency shall do all of the following:

8(i)  Contact the children and youth social service
9agency of the jurisdiction in which the suspected child
10abuse occurred.

11(ii)  Investigate the suspected child abuse, either
12alone or in cooperation with the other agency.

13(c)  Copies of report.--A copy of the report of suspected
14child abuse shall be provided to the other state's child
15protective services agency and, if appropriate, to law
16enforcement officials where the incident occurred.

17(d)  Communication.--Reports and information under this
18section shall be provided within seven calendar days of
19completion of the investigation.

20§ 6325. (Reserved).

21§ 6326. (Reserved).

22§ 6327. Cooperation.

23(a)  General rule.--Commonwealth agencies, political
24subdivisions, a county agency, law enforcement official or any
25other agency providing services under the county plan for
26protective services shall provide any assistance and data to the
27department that will enable the department, the county agency
28and law enforcement officials to fulfill their responsibilities.

29(b)  Willful failure to cooperate.--

30(1)  At the request of the department or county agency

1school, hospital, health care provider or an employee or
2independent contractor shall immediately provide information
3requested to the department or county agency if the
4information relates to suspected child abuse or the need for
5general protective services.

6(2)  No individual may prohibit the department or county
7agency from interviewing the child who is the subject of
8suspected child abuse. Parental consent shall not be required
9prior to the child's being interviewed by the department or
10county agency.

11(3)  The following shall apply:

12(i)  Any person failing to timely produce the
13requested information under this section commits a
14misdemeanor of the third degree.

15(ii)  Any person barring, inhibiting or precluding
16sufficient access to the subject child commits a
17misdemeanor of the second degree.

18(c)  Cooperation of county and law enforcement.--A county
19agency and law enforcement official shall cooperate, to the
20fullest extent possible, to respond to and investigate reports
21of suspected child abuse. Counties shall exchange information
22and cooperate to investigate reports and provide services to
23children who may move from one county to another.

24(d)  Advice to county agency.--If a report of suspected child
25abuse is referred from a county agency to a law enforcement
26official under section 6340(a)(9) and (10) (relating to release
27of information in confidential reports), the law enforcement
28official shall expeditiously advise the county agency of the
29progress of a criminal investigation, the results of the
30investigation and any criminal prosecution. The county agency

1shall refer the information to the Statewide database.

2Section 5. Title 23 is amended by adding a section to read:

3§ 6335.1. Access to information in Statewide database.

4(a) Use for assessment or investigation.--A county agency or
5law enforcement official shall use the Statewide toll-free
6telephone number, or any manner prescribed by the department, to
7determine the existence of any prior reports involving a
8subject of the report. If the Statewide database contains
9information indicating a prior report or a pending
10investigation concerning a subject of the report, the department
11shall immediately convey this information to the county agency
12or law enforcement official.

13(b) Use by county agency or law enforcement official.--A
14county agency or law enforcement official may only request the
15information under subsection (a) for the purposes of assessing
16and investigating reports of child abuse, allegations that a
17child is in need of general protective services or investigating 
18a crime against a child.

19(c) Authorized releases for governmental functions.--No 
20person, other than an employee of the department in the course 
21of official duties in connection with the responsibilities of 
22the department under this chapter, shall have access to any 
23information in the Statewide database except as provided under 
24this section and the following:

25(1) Section 6323 (relating to disposition of initial
26reports).

27(2) Section 6340 (relating to release of information in
28confidential reports).

29(3) Section 6342 (relating to studies of data in
30records).

1(d) Clearances.--Information provided in response to
2inquiries under section 6344 (relating to information relating
3to prospective child-care personnel), 6344.1 (relating to
4information relating to family day-care home residents) or
56344.2 (relating to information relating to other persons having
6contact with children) shall be limited to the following:

7(1) Whether the person was named as a perpetrator of
8child abuse in a founded or indicated report.

9(2) Whether there is an investigation pending in which
10the individual is an alleged perpetrator.

11(3) The number, date of the incidents upon which the
12report is based and the type of abuse or neglect involved in
13any reports identified under paragraph (1).

14(e) Electronic technologies.--Requests under this section
15may be made using electronic technologies, if appropriate
16verification is made in accordance with section 6322(c)
17(relating to access to reports).

18Section 6. Section 6336 of Title 23 is repealed:

19[§ 6336. Information in Statewide central register.

20(a) Information authorized.--The Statewide central register
21shall include and shall be limited to the following information:

22(1) The names, Social Security numbers, age and sex of
23the subjects of the reports.

24(2) The date or dates and the nature and extent of the
25alleged instances of suspected child abuse.

26(3) The home addresses of the subjects of the report.

27(4) The county in which the suspected abuse occurred.

28(5) Family composition.

29(6) The name and relationship to the abused child of
30other persons named in the report.

1(7) Factors contributing to the abuse.

2(8) The source of the report.

3(9) Services planned or provided.

4(10) Whether the report is a founded report or an
5indicated report.

6(11) Information obtained by the department in relation
7to a perpetrator's or school employee's request to release,
8amend or expunge information retained by the department or
9the county agency.

10(12) The progress of any legal proceedings brought on
11the basis of the report of suspected child abuse.

12(13) Whether a criminal investigation has been
13undertaken and the result of the investigation and of any
14criminal prosecution.

15No information other than that permitted in this subsection
16shall be retained in the Statewide central register.

17(b) Type of information released.--Except as provided in
18sections 6334 (relating to disposition of complaints received),
196335 (relating to information in pending complaint and unfounded
20report files), 6340 (relating to release of information in
21confidential reports) and 6342 (relating to studies of data in
22records), persons receiving information from the Statewide
23central register or pending complaint file may be informed only
24as to:

25(1) Whether the report is a founded or indicated abuse
26or is under investigation.

27(2) The number of such reports.

28(3) The nature and extent of the alleged or actual
29instances of suspected child abuse.

30(4) The county in which the reports are investigated.

1(5) Any other information available which would further
2the purposes of this chapter.

3(c) Limitation on release of information.--Except as
4provided in sections 6334, 6335, 6340 and 6342, no information
5shall be released from the Statewide central register or pending
6complaint file unless pursuant to section 6332 (relating to
7establishment of Statewide toll-free telephone number) and
8unless the department has positively identified the
9representative of the county agency requesting the information
10and the department has inquired into and is satisfied that the
11representative has a legitimate need, within the scope of
12official duties and the provisions of section 6332, to obtain
13the information. Information in the Statewide central register
14or pending complaint file shall not be released for any purpose
15or to any individual not specified in section 6340.]

16Section 7. Sections 6339 and 6340(a)(2), (9), (10), (12) and 
17(13), (b), (c) and (d) of Title 23 are amended to read:

18§ 6339. Confidentiality of reports.

19Except as otherwise provided in this subchapter, reports made
20pursuant to this chapter, including, but not limited to, report
21summaries of child abuse and [written] reports made pursuant to
22section [6313(b) and (c)] 6313 (relating to reporting procedure)
23as well as any other information obtained, reports written or
24photographs or X-rays taken concerning alleged instances of
25child abuse in the possession of the department or a county
26agency shall be confidential.

27§ 6340. Release of information in confidential reports.

28(a) General rule.--Reports specified in section 6339
29(relating to confidentiality of reports) shall only be made
30available to:

1* * *

2[(2) A physician examining or treating a child or the
3director or a person specifically designated in writing by
4the director of any hospital or other medical institution
5where a child is being treated when the physician or the
6director or the designee of the director suspects the child
7of being an abused child or a child alleged to be in need of
8protection under this chapter.]

9* * *

10(9) Law enforcement officials of any jurisdiction, as
11long as the information is relevant in the course of
12investigating cases of:

13(i) Homicide or other criminal offense set forth in
14section 6344(c) (relating to information relating to
15prospective child-care personnel), sexual abuse[, sexual]
16or exploitation, bodily injury or serious bodily injury
17[or serious physical injury perpetrated by persons
18whether or not related to the victim] caused by a
19perpetrator or nonperpetrator.

20(ii) [Child abuse perpetrated by persons who are not
21family members.] Child abuse other than that identified
22under subparagraph (i) by a nonperpetrator.

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

26(iv) A missing child report.

27(10) The district [attorney or his designee] attorney's
28office or other law enforcement official, as set forth in
29[the] county protocols for multidisciplinary investigative
30teams required in section 6365(c) (relating to services for

1prevention, investigation and treatment of child abuse),
2shall receive, immediately after the county agency has
3ensured the safety of the child, reports of abuse [, either
4orally or in writing,] according to regulations [promulgated
5by the department], from the department or 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] under section
96344(c), not 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
12another state[, sexual abuse, sexual exploitation or
13serious bodily injury perpetrated by persons, whether or
14not related to the victim]; or

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

17(iii) serious physical injury involving extensive
18and severe bruising, burns, broken bones, lacerations,
19internal bleeding, shaken baby syndrome or choking or an
20injury that significantly impairs a child's physical
21functioning, either temporarily or permanently] under
22section 6321(2) or (3) (relating to responsibility for
23investigation).

24* * *

25(12) A mandated reporter of suspected child abuse [as
26defined in] under section 6311 (relating to persons required
27to report suspected child abuse) who made a report of abuse
28involving the subject child, [but the information permitted
29to be released to the mandated reporter] shall be limited to
30the following:

1(i) [The final status of] Whether the child abuse
2report [following the investigation, whether it be] is
3indicated, founded or unfounded.

4(ii) Any services provided, arranged for or to be
5provided by the county agency to protect the child.

6(13) [Persons required to make reports under Subchapter
7C.1 (relating to students in public and private schools).
8Information under this paragraph shall be limited to the
9final status of the report following the investigation as to
10whether the report is indicated, founded or unfounded.]
11School administrators, if the alleged perpetrator is a school
12employee, shall receive notice of a pending allegation and
13the final status of the report following the investigation as
14to whether the report is indicated, founded or unfounded.
15Information disclosed pursuant to this paragraph shall be
16provided to the school administrator within ten days of the
17completion of the investigation.

18* * *

19(b) Release of information to subject [of report].--[At any
20time and upon] Upon a written request, a subject of a report may
21receive a copy of all information, except that prohibited from
22being disclosed by subsection (c), contained in the Statewide
23[central register] database or in any report filed pursuant to
24section 6313 (relating to reporting procedure).

25(c) Protecting identity [of person making report].--Except
26for reports [pursuant to] under subsection (a)(9) and (10), and
27in response to a law enforcement official investigating
28allegations of false reports under 18 Pa.C.S. § 4906.1 (relating
29to false reports of child abuse), the release of data that would
30identify the person who made a report of suspected child abuse

1or [the person] who cooperated in a subsequent investigation is
2prohibited unless the [secretary] department finds that the
3release will not be detrimental to the safety of [that] the
4person. Law enforcement officials shall treat all reporting
5sources as confidential informants.

6(d) Exclusion of [administrative] information.--Information
7maintained in the Statewide [central register which was]
8database obtained from an investigating agency in relation to an
9appeal request shall not be released to any person except a
10department official [, as provided by regulation].

11Section 8. Title 23 is amended by adding a section to read:

12§ 6387. Background checks.

13Payment for a background check relating to child abuse may be
14paid for by an individual or organization by check, money order 
15or by credit or debit card when the system becomes available.

16Section 9. This act shall take effect January 1, 2014.

<-17Section 1. Section 6303(a) of Title 23 of the Pennsylvania
18Consolidated Statutes is amended by adding definitions to read:

19§ 6303. Definitions.

20(a) General rule.--The following words and phrases when used
21in this chapter shall have the meanings given to them in this
22section unless the context clearly indicates otherwise:

23* * *

24"Electronic technologies." The transfer of information in
25whole or in part by technology having electrical, digital,
26magnetic, wireless, optical, electromagnetic, photo-electronic
27or photo-optical systems, or similar capabilities. The term
28includes, but is not limited to, e-mail, Internet communication
29or other means of electronic transmission.

30* * *

1"Law enforcement official." The term includes the following:

2(1) The Attorney General.

3(2) A Pennsylvania district attorney.

4(3) A Pennsylvania State Police officer.

5(4) A municipal police officer.

6"Mandated reporter." A person who is required by this
7chapter to make a report of suspected child abuse.

8* * *

9Section 2. Title 23 is amended by adding sections to read:

10§ 6304. (Reserved).

11§ 6305. Electronic reporting.

12(a) Departmental procedures.--The department shall establish
13procedures for the secure and confidential use of electronic
14technologies to transmit information under this chapter,
15including:

16(1) the filing of reports and other required records,
17including those of the county agency; and

18(2) the verification of records and signatures on forms.

19(b) Confirmation of reports.--A confirmation by the
20department of the receipt of a report of suspected child abuse
21submitted electronically shall relieve the person making the
22report of making an additional oral or written report of
23suspected child abuse, subject to section 6313 (relating to
24reporting procedure).

25(c)  Effect on other law.--Nothing in this chapter shall be
26construed to supersede the act of December 16, 1999 (P.L.971,
27No.69), known as the Electronic Transactions Act. Any procedures
28developed by the department under this section shall comply with
29all applicable Federal and State laws regarding confidentiality
30of personally identifiable information.

1§ 6306. Regulations.

2The department shall promulgate regulations necessary to
3implement this chapter.

4Section 3. Sections 6317, 6331, 6332(a), 6333 and 6334 of
5Title 23 are amended to read:

6§ 6317. Mandatory reporting and postmortem investigation of
7deaths.

8A person or official required to report cases of suspected 
9child abuse, including employees of a county agency, who has 
10reasonable cause to suspect that a child died as a result of 
11child abuse shall report that suspicion to the appropriate 
12coroner or medical examiner. The coroner or medical examiner 
13shall accept the report for investigation and shall report his 
14finding to the police, the district attorney, the appropriate 
15county agency and, if the report is made by a hospital, the 
16hospital.

17§ 6331. Establishment of [pending complaint file, Statewide
18central register and file of unfounded reports]
19Statewide database.

20There shall be established in the department[:

21(1) A pending complaint file of child abuse reports
22under investigation and a file of reports under investigation
23pursuant to Subchapter C.1 (relating to students in public
24and private schools).

25(2) A Statewide central register of child abuse which
26shall consist of founded and indicated reports.

27(3) A file of unfounded reports awaiting expunction.]

28a Statewide database of protective services, which shall
29include the following, as provided by section 6336 (relating to
30information in Statewide database):

1(1) Reports of suspected child abuse pending
2investigation.

3(2) Reports with a status of pending juvenile court or
4pending criminal court action.

5(3) Indicated and founded reports of child abuse.

6(4) Unfounded reports of child abuse awaiting
7expunction.

8(5) Unfounded reports accepted for services.

9(6) Reports alleging the need for general protective
10services.

11(7) General protective services reports that have been
12determined to be valid.

13(8) Reports alleging the need for general protective
14services that have been determined invalid and are awaiting
15expunction.

16(9) A family case record for all reports accepted for
17investigation, assessment or services.

18(10) Information on reports made to the agency, but not
19accepted for investigation or assessment.

20§ 6332. Establishment of Statewide toll-free telephone number.

21(a) General rule.--The department shall establish a single
22Statewide toll-free telephone number that all persons, whether
23mandated by law or not, may use to report cases of suspected
24child abuse or children allegedly in need of general protective 
25services. A county agency or law enforcement official shall use
26the Statewide toll-free telephone number or electronic 
27technologies for determining the existence of [prior founded or
28indicated] reports of child abuse or general protective services 
29reports in the Statewide [central register] database or reports
30under investigation [in the pending complaint file].

1* * *

2§ 6333. Continuous availability of department.

3The department shall be capable of receiving oral reports of
4child abuse [made], reports of children in need of general
5protective services, reports made by electronic technologies
6pursuant to this chapter[, reports under section 6353.2
7(relating to responsibilities of county agency)] and report
8summaries [of child abuse] from county agencies [and]. The
9department shall be capable of immediately identifying prior
10reports [of child abuse and prior reports of abuse or injury
11under Subchapter C.1 (relating to students in public and private
12schools) in the Statewide central register] in the Statewide
13database and reports under investigation [in the pending
14complaint file] with a pending status and of monitoring the
15provision of child protective services 24 hours a day, seven
16days a week.

17§ 6334. Disposition of complaints received.

18[(a) Notice to county agency.--Upon receipt of a complaint
19of suspected child abuse, the department shall immediately
20transmit orally to the appropriate county agency notice that the
21complaint of suspected child abuse has been received and the
22substance of the complaint. If the Statewide central register or
23the pending complaint file contains information indicating a
24prior report or a current investigation concerning a subject of
25the report, the department shall immediately notify the
26appropriate county agency of this fact. The appropriate county
27agency shall mean the agency in the county where the suspected
28child abuse occurred. If the residency of the subjects is a
29factor that requires the cooperation of more than one county
30agency, the department shall develop regulations to ensure the

1cooperation of those agencies in carrying out the requirements
2of this chapter.

3(b) Referral for services or investigation.--If the
4complaint received does not suggest suspected child abuse but
5does suggest a need for social services or other services or
6investigation, the department shall transmit the information to
7the county agency or other public agency for appropriate action.
8The information shall not be considered a child abuse report
9unless the agency to which the information was referred has
10reasonable cause to suspect after investigation that abuse
11occurred. If the agency has reasonable cause to suspect that
12abuse occurred, the agency shall notify the department, and the
13initial complaint shall be considered to have been a child abuse
14report.

15(c) Recording in pending complaint file.--Upon receipt of a
16complaint of suspected child abuse, the department shall
17maintain a record of the complaint of suspected child abuse in
18the pending complaint file. Upon receipt of a report under
19section 6353.2 (relating to responsibilities of county agency),
20the department shall maintain a record of the report in the
21report file under section 6331 (relating to establishment of
22pending complaint file, Statewide central register and file of
23unfounded reports).

24(d) Incidents occurring outside of this Commonwealth.--

25(1) A report of suspected child abuse occurring in
26another state where the child victim is identified as a
27resident of this Commonwealth and the other state child
28protective services agency cannot investigate the report
29because of statutory or policy limitations shall be assigned
30as a general protective services report to the county of the

1child's residence or as determined by the department.

2(2) In addition to complying with the other requirements
3of this chapter and applicable regulations, a copy of the
4report shall be provided to the other state's child
5protective services agency and, when applicable under
6Pennsylvania law, to law enforcement officials where the
7incident occurred.

8(3) Reports and information under this subsection shall
9be provided within seven calendar days of completion of the
10general protective services assessment under section 6375
11(relating to county agency requirements for general
12protective services).]

13(a) Receipt of reports by county agencies and law
14enforcement.--After ensuring the immediate safety of the child
15and any other child in the child's home, a county agency or law
16enforcement official that receives a report of suspected child
17abuse shall immediately notify the department of the report. If
18the report is an oral report by telephone, the county agency or
19law enforcement official shall attempt to collect as much of the
20information listed in section 6313(c) (relating to reporting
21procedure) as possible and shall submit the information to the
22department within 48 hours through a report in writing or by
23electronic technologies.

24(b) Receipt of reports by department and referral to county
25agency.--The department shall immediately transmit an oral
26notice or a notice by electronic technologies to the county
27agency of the county where the suspected child abuse is alleged
28to have occurred. The notice shall contain the following
29information:

30(1) That a report of suspected child abuse by a

1perpetrator has been received.

2(2) The substance of the report.

3(3) The existence in the Statewide database of a prior
4report or a current investigation or assessment concerning a
5subject of the report.

6(c) Receipt of reports by department and referral to law
7enforcement.--If the department receives a report of suspected
8child abuse that also alleges that a criminal offense has been
9committed against the child, the department shall immediately
10transmit an oral notice or notice by electronic technologies to
11the appropriate law enforcement official in the county where the
12suspected child abuse is alleged to have occurred. The notice
13shall contain the following information, consistent with section
146340(a)(9) and (10) (relating to release of information in
15confidential reports):

16(1) That a report of suspected child abuse has been
17received.

18(2) The substance of the report.

19(3) The existence in the Statewide database under
20section 6331 (relating to establishment of Statewide
21database) of a prior report or a current investigation or
22assessment concerning a subject of the report.

23(d) Notice of joint referrals.--When a report is referred to
24the county agency under subsection (b) and is also referred to a
25law enforcement official under subsection (c), the notice shall
26include information as to the name and contact information of
27any persons receiving the referral, if known.

28(e) Jurisdictional overlap.--If the residency of any subject
29of a report is a factor that requires the cooperation of more
30than one county agency, the department shall develop procedures

1to ensure the cooperation of those agencies in carrying out the
2requirements of this chapter.

3(f) Referral for services or investigation.--If the report
4received does not suggest a need for protective services but
5does suggest a need for social services or other services or
6investigation, the department shall transmit the information to
7the county agency or other public agency for appropriate action.
8The information shall not be considered a child abuse report
9unless the agency to which the information was referred has
10reasonable cause to suspect after investigation that abuse
11occurred. If the agency has reasonable cause to suspect that
12abuse occurred, the agency shall notify the department, and the
13initial report shall be considered to have been a child abuse
14report.

15(g) Recording of pending reports.--Upon receipt of a report
16of suspected child abuse, the department shall maintain a record
17of the complaint of suspected child abuse in the Statewide
18database. Upon receipt of a report under section 6353.2
19(relating to responsibilities of county agency), the department
20shall maintain a record of the report in the Statewide database
21under section 6331 (relating to establishment of statewide
22database).

23(h) Child abuse in another state where the victim child and
24the alleged perpetrator are residents of the Commonwealth.--A
25report of suspected child abuse by a resident perpetrator
26occurring in another state shall be referred by the department
27to the county agency where the child resides in this
28Commonwealth and shall be investigated by the county agency as
29any other report of suspected child abuse by a perpetrator if
30the other state's child protective services agency cannot or

1will not investigate the report.

2(i) Child abuse in another state where only the alleged
3perpetrator is a resident of this Commonwealth.--If suspected
4child abuse occurs in a jurisdiction other than this
5Commonwealth and only the alleged perpetrator is a resident of
6this Commonwealth, the report of suspected child abuse shall be
7referred to the county agency where the alleged perpetrator
8resides. The county agency shall do all of the following:

9(1) Notify the children and youth social service agency
10of the jurisdiction in which the suspected child abuse
11occurred.

12(2) If requested by the other agency, assist in
13investigating the suspected child abuse.

14(j) Child abuse in another state where only the victim child
15is a resident of this Commonwealth.-A report of suspected child
16abuse occurring in another state where only the victim child
17resides in this Commonwealth, and where the other state's child
18protective services agency cannot or will not investigate the
19report, shall be assigned as a general protective services
20report to the county agency where the child resides.

21(k) Copies of report.--A copy of a report of suspected child
22abuse under subsections (h), (i) and (j) shall be provided to
23the other state's child protective services agency and, if
24appropriate, to law enforcement officials where the incident
25occurred.

26(l) Communication.--Reports and information under
27subsections (h), (i) and (j) shall be provided within seven
28calendar days of completion of the investigation.

29Section 4. Title 23 is amended by adding a section to read:

30§ 6334.1. Responsibility for investigation.

1The department shall establish procedures regarding the
2following different responses to address suspected child abuse
3and protective services depending on the person's allegedly
4committing the suspected child abuse or causing a child to be in
5need of protective services:

6(1) If the suspected child abuse is alleged to have been
7committed by a perpetrator, the appropriate county agency
8shall investigate the allegation as provided in this chapter.

9(2) If the suspected child abuse is alleged to have been
10committed by a perpetrator and the behavior constituting the
11suspected child abuse may include a violation of a criminal
12offense, the appropriate county agency and law enforcement
13officials shall jointly investigate the allegation through
14the investigative team established in section 6365(c)
15(relating to services for prevention, investigation and
16treatment of child abuse) and as provided in this chapter.

17(3) If the suspected child abuse is alleged to have been
18committed by a person who is not a perpetrator, and the
19behavior constituting the suspected child abuse may include a
20violation of a criminal offense, law enforcement officials
21where the suspected child abuse is alleged to have occurred
22shall be solely responsible for investigating the allegation.

23(4) If a child is alleged to be in need of other
24protective services, the appropriate county agency shall
25assess the needs of the child as provided in this chapter.

26Section 5. Sections 6335, 6336, 6337, 6338(a) and (c), 6339, 
276340(a)(9), (10), (12) and (13), (b), (c) and (d) and 6342(a) of
28Title 23 are amended to read:

29§ 6335. [Information in pending complaint and unfounded report
30files.

1(a) Information authorized.--The information contained in
2the pending complaint file shall be limited to the information
3required in sections 6313(c) (relating to reporting procedure)
4and 6353.2 (relating to responsibilities of county agency). The
5information contained in the file for unfounded reports shall be
6limited to the information required by section 6336 (relating to
7information in Statewide central register).

8(b) Access to information.--Except as provided in sections
96332 (relating to establishment of Statewide toll-free telephone
10number), 6334 (relating to disposition of complaints received),
116340 (relating to release of information in confidential
12reports) and 6342 (relating to studies of data in records), no
13person, other than an employee of the department in the course
14of official duties in connection with the responsibilities of
15the department under this chapter, shall at any time have access
16to any information in the pending complaint file or Statewide
17central register. Information in the file of unfounded reports
18shall be available only to employees of the department pursuant
19to this subsection, to subjects of a report or law enforcement
20officials pursuant to section 6340 and to the Office of Attorney
21General pursuant to section 6345 (relating to audits by Attorney
22General) until the reports are expunged pursuant to section 6337
23(relating to disposition of unfounded reports).]

24 Access to information in Statewide database.

25(a) Request for information.--A county agency or law
26enforcement official shall use the Statewide toll-free telephone
27number, or any manner prescribed by the department, to determine
28the existence of any prior reports involving a subject of the
29report. If the Statewide database contains information related
30to a report or a pending investigation or assessment concerning

1a subject of the report, the department shall immediately convey
2this information to the county agency or law enforcement 
3official.

4(b) Verification of need.--Information may be released under
5this section if a request for information is made orally or in
6writing and the department has done all of the following:

7(1) Identified the requester, including electronic
8verification of the requester's identity.

9(2) Determined whether the requester is authorized to
10obtain the information under this section.

11(3) Provided notice to the requester that access and
12dissemination of the information is restricted as provided by
13this chapter.

14(4) Obtained an affirmation by the requester that the
15request is within the scope of that person's official duties
16and the provisions of this chapter.

17(c) Use by county agency or law enforcement official.--A
18county agency or law enforcement official may only request the
19information under subsection (a) for the purposes of
20investigating reports of child abuse, assessing allegations that
21a child is in need of general protective services, providing
22protective services to a child or investigating a crime against
23a child criminal offense. The following shall apply where
24information is requested pursuant to this section:

25(1) A law enforcement official may use information
26contained in the Statewide database for the purpose of
27investigating a criminal offense as follows:

28(i) Information regarding indicated and founded
29reports may be used for any purpose authorized by this
30chapter.

1(ii) Information on all other reports may be used
2for the purposes of investigating a crime involving harm
3or threatened harm to a child, an alleged violation of
4section 6319 (relating to penalties for failure to report
5or to refer) or section 6349 (relating to penalties), or
6an alleged violation of 18 Pa.C.S. § 4906.1 (relating to
7false reports of child abuse) or 4958 (relating to
8intimidation, retaliation or obstruction in child abuse
9cases).

10(2) A county agency may use information contained in the
11Statewide database as follows:

12(i) Information regarding indicated or founded
13reports may be used for any purpose authorized by this
14chapter.

15(ii) Information on all other reports may be used
16for any purpose authorized by this chapter, except that
17information in reports that are not founded or indicated
18may not be used as evidence by the county agency when
19determining that a new report of suspected abuse is an
20indicated report.

21(3) The department may use information contained in the
22Statewide database as follows:

23(i) Information regarding indicated or founded
24reports may be used for any purpose authorized by this
25chapter.

26(ii) Information on all other reports may be used
27for any purpose authorized by this chapter, except that
28information in reports that are not founded or indicated
29may not be used as evidence by the department when
30determining that a new report of suspected abuse is an

1indicated report.

2(4) Information in the Statewide database may not be used
3for any purpose not authorized by this chapter.

4(d) Authorized releases for governmental functions.--No
5person, other than an employee of the department in the course
6of official duties in connection with the responsibilities of
7the department under this chapter, shall have access to any
8information in the Statewide database except as provided under
9this section and the following:

10(1) Section 6334 (relating to disposition of complaints
11received).

12(2) Section 6340 (relating to release of information in
13confidential reports).

14(3) Section 6342 (relating to studies of data in
15records).

16(4) Section 6343 (relating to investigating performance
17of county agency).

18(5) Section 6343.1 (relating to citizen review panels).

19(6) Section 6347 (relating to reports to Governor and
20General Assembly).

21(e) Clearances.--Information provided in response to
22inquiries under section 6344 (relating to information relating
23to prospective child-care personnel), 6344.1 (relating to
24information relating to family day-care home residents) or
256344.2 (relating to information relating to other persons having
26contact with children) shall not include unfounded reports of
27child abuse or reports related to general protective services
28and shall be limited to the following:

29(1) Whether the person was named as a perpetrator of
30child abuse in a founded or indicated report.

1(2) Whether there is an investigation pending in which
2the individual is an alleged perpetrator.

3(3) The number, date of the incidents upon which the
4report is based and the type of abuse or neglect involved in
5any reports identified under paragraph (1).

6(f) Electronic technologies.--Requests under this section
7may be made using electronic technologies, if appropriate
8verification is made in accordance with subsection (b).

9§ 6336. Information in Statewide [central register] database.

10(a) Information authorized.--The Statewide [central
11register] database shall include and shall be limited to the
12following information:

13(1) The names, Social Security numbers, age, race, 
14ethnicity and sex of the subjects of the reports.

15(2) The date or dates and the nature and extent of the
16alleged instances [of suspected child abuse] that created the 
17need for protective services.

18(3) The home addresses of the subjects of the report.

19(4) The county in which the [suspected abuse occurred]
20alleged incidents that created the need for protective 
21services occurred.

22(5) Family composition.

23(6) The name and relationship to the [abused] child in 
24question and of other persons named in the report.

25(7) Factors contributing to the [abuse] need for 
26protective services.

27(8) The source of the report.

28(9) Services planned or provided.

29(10) [Whether the report is a founded report or an
30indicated report.] If the report alleges child abuse, whether
 

1the report was determined to be founded, indicated or 
2unfounded.

3(11) If the report alleged the child was in need of
4general protective services, whether the report was valid or
5invalid.

6(12) If the report was accepted for services and the
7reasons for the acceptance.

8(13) If the report was not accepted for services, the
9reason the report was not accepted and whether the family was
10referred to other community services.

11[(11)] (14) Information obtained by the department in
12relation to a perpetrator's or school employee's request to
13release, amend or expunge information retained by the
14department or the county agency.

15[(12)] (15) The progress of any legal proceedings brought
16on the basis of the report of suspected child abuse.

17[(13)] (16) Whether a criminal investigation has been
18undertaken and the result of the investigation and of any
19criminal prosecution.

20(17) In the case of an unfounded or invalid report, if
21it is later determined that the initial report was a false
22report, a notation to that effect regarding the status of the
23report.

24(18) Unfounded reports of child abuse, limited to the
25information authorized under section 6337 (relating to
26disposition and expunction of unfounded reports and general
27protective services reports).

28(19) Any additional information provided in section
296313(c) (relating to reporting procedure).

30(20) Any additional demographic information that the

1department requires to comply with section 6342 (relating to
2studies of data in records).

3(21) A family case record for each family accepted for
4investigation, assessment or services which shall be
5maintained consistent with regulatory requirements.

6(22) With respect to cases that are not accepted for
7child abuse investigation or general protective services
8assessment or are referred to community services:

9(i) The reason the report was not accepted.

10(ii) Any information provided to the referral source
11or the family related to other services or option
12available to address the report.

13(23) Any other information that is necessary to maintain
14the names of persons convicted of a violation under 18
15Pa.C.S. § 4906.1 (relating to false reports of child abuse)
16or the names of persons who made a false report of the need
17for general protective services.

18No information other than that permitted in this subsection
19shall be retained in the Statewide central register.

20[(b) Type of information released.--Except as provided in
21sections 6334 (relating to disposition of complaints received),
226335 (relating to information in pending complaint and unfounded
23report files), 6340 (relating to release of information in
24confidential reports) and 6342 (relating to studies of data in
25records), persons receiving information from the Statewide
26central register or pending complaint file may be informed only
27as to:

28(1) Whether the report is a founded or indicated abuse
29or is under investigation.

30(2) The number of such reports.

1(3) The nature and extent of the alleged or actual
2instances of suspected child abuse.

3(4) The county in which the reports are investigated.

4(5) Any other information available which would further
5the purposes of this chapter.

6(c) Limitation on release of information.--Except as
7provided in sections 6334, 6335, 6340 and 6342, no information
8shall be released from the Statewide central register or pending
9complaint file unless pursuant to section 6332 (relating to
10establishment of Statewide toll-free telephone number) and
11unless the department has positively identified the
12representative of the county agency requesting the information
13and the department has inquired into and is satisfied that the
14representative has a legitimate need, within the scope of
15official duties and the provisions of section 6332, to obtain
16the information. Information in the Statewide central register
17or pending complaint file shall not be released for any purpose
18or to any individual not specified in section 6340.]

19§ 6337. Disposition [of unfounded reports] and expunction of 
20unfounded reports and general protective services 
21reports.

22(a) General rule.--When a report of suspected child abuse is
23determined by the appropriate county agency to be an unfounded
24report, the information concerning that report of suspected
25child abuse shall be maintained for a period of one year.
26Following the expiration of one year after the date the report
27was received by the department, the report shall be expunged
28from the [pending complaint file] Statewide database, as soon as
29possible, but no later than 120 days after the one-year period
30following the date the report was received by the department,

1and no information other than that authorized by subsection (b),
2which shall not include any identifying information on any
3subject of the report, shall be retained by the department. The 
4expunction shall be mandated and guaranteed by the department.

5(b) Absence of other determination.--If an investigation of
6a report of suspected child abuse conducted by the appropriate
7county agency pursuant to this chapter does not determine within
860 days of the date of the initial report of the instance of
9suspected child abuse that the report is a founded report, an
10indicated report or an unfounded report, or unless within that
11same 60-day period court action has been initiated and is
12responsible for the delay, the report shall be considered to be
13an unfounded report, and all information identifying the
14subjects of the report shall be expunged no later than 120 days
15following the expiration of one year after the date the report
16was received by the department. The agency shall advise the
17department that court action or an arrest has been initiated so
18that the [pending complaint file] Statewide database is kept
19current regarding the status of all legal proceedings and
20expunction is delayed.

21(c) [Expunction of information.--All information identifying
22the subjects of any report of suspected child abuse and of any
23report under Subchapter C.1 (relating to students in public and
24private schools) determined to be an unfounded report shall be
25expunged from the pending complaint file pursuant to this
26section. The expunction shall be mandated and guaranteed by the
27department.] Unfounded reports accepted for services.--
28Information on an unfounded report shall be retained in the 
29Statewide database if the county agency has accepted the family 
30for services and the report of suspected child abuse is clearly
 

1identified as an unfounded report. The county agency shall 
2notify the department immediately upon closure of the case and 
3the report shall be expunged as soon as possible, but no later 
4than 120 days after the one-year period following the date the 
5family case was closed. If the subject child of the unfounded 
6report becomes 23 years of age prior to the closure of the 
7family case, the unfounded report shall be expunged when the 
8subject child reaches 23 years of age.

9(d) Expunction of valid general protective services
10reports.--Information concerning valid general protective
11services reports shall be maintained in the Statewide database
12as follows:

13(1) Reports that are assessed by the county agency and
14are determined to be valid, but are not accepted for
15services, shall be reported to the department and entered
16into the Statewide database. The reports shall be maintained
17for a period of five years. Following the expiration of five
18years after the date the report was received by the
19department, the report shall be expunged from the Statewide
20database as soon as possible, but no later than 120 days
21after the five-year period following the date the report was
22received by the department.

23(2) Reports that are assessed by the county agency and
24accepted for services shall be reported to the department and
25entered into the Statewide database. The reports shall be
26maintained for a period of five years after the closure of
27services by the county agency. Following the expiration of
28five years after the closure of services by the county
29agency, the report shall be expunged from the Statewide
30database as soon as possible, but no later than 120 days

1after the five-year period following the closure of services
2by the county agency.

3(3) The expunction of information on general protective
4services under this subsection shall be mandated and
5guaranteed by the department.

6(e) Expunction of invalid general protective services
7reports.--When a report alleging the need for general protective
8services is determined by the appropriate county agency to be an
9invalid report, the information concerning that report shall be
10maintained for a period of one year. Following the expiration of
11one year after the date the report was received by the
12department, the report shall be expunged as soon as possible,
13but no later than 120 days after the one-year period following
14the date the report was received by the department. The
15expunction shall be mandated and guaranteed by the department.

16(f) County agency records.--County agency records of
17protective services shall be used and maintained in a manner
18that is consistent with the use and maintenance of information
19in the Statewide database, as provided under this chapter. If
20required under this chapter to amend or expunge information in
21the Statewide database, the department shall notify the
22appropriate county agency of the amendment or expungement within
23ten days. The county agency shall amend or expunge its records
24in a commensurate manner within ten days of receiving
25notification from the department.

26§ 6338. Disposition of founded and indicated reports.

27(a) General rule.--When a report of suspected child abuse or
28a report under Subchapter C.1 (relating to students in public
29and private schools) is determined by the appropriate county
30agency to be a founded report or an indicated report, the

1[information concerning that report of suspected child abuse
2shall be expunged immediately from the pending complaint file,
3and an appropriate entry shall be made in the Statewide central
4register] status of the report shall be changed from pending to 
5founded or indicated in the Statewide database. Notice of the
6determination must be given to the subjects of the report, other
7than the abused child, and to the parent or guardian of the
8affected child or student along with an explanation of the
9implications of the determination. Notice given to perpetrators
10of child abuse and to school employees who are subjects of
11indicated reports for school employees or founded reports for
12school employees shall include notice that their ability to
13obtain employment in a child-care facility or program or a
14public or private school may be adversely affected by entry of
15the report in the Statewide [central register] database. The
16notice shall also inform the recipient of his right, within 45
17days after being notified of the status of the report, to appeal
18an indicated report, and his right to a hearing if the request
19is denied.

20* * *

21(c) Retention of information.--[A subfile shall be
22established in the Statewide central register to] The Statewide 
23database shall indefinitely retain the names of perpetrators of
24child abuse and school employees who are subjects of founded or
25indicated reports only if the individual's Social Security
26number or date of birth is known to the department. The
27[subfile] entry in the Statewide database shall not include
28identifying information regarding other subjects of the report.

29§ 6339. Confidentiality of reports.

30Except as otherwise provided in this subchapter, reports made

1pursuant to this chapter, including, but not limited to, report
2summaries of child abuse and [written] reports made pursuant to
3section [6313(b) and (c)] 6313 (relating to reporting procedure)
4as well as any other information obtained, reports written or
5photographs or X-rays taken concerning alleged instances of
6child abuse in the possession of the department or a county
7agency shall be confidential.

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]
19or exploitation, bodily injury or serious bodily injury
20[or serious physical injury perpetrated by persons
21whether or not related to the victim] caused by a 
22perpetrator or nonperpetrator.

23(ii) [Child abuse perpetrated by persons who are not
24family members.] Child abuse other than that identified 
25under subparagraph (i) by a nonperpetrator.

26(iii) Repeated physical injury to a child under
27circumstances which indicate that the child's health,
28safety or welfare is harmed or threatened.

29(iv) A missing child report.

30(10) The district [attorney or his designee] attorney's
 

1office or other law enforcement official, as set forth in
2[the] county protocols for multidisciplinary investigative
3teams required in section 6365(c) (relating to services for
4prevention, investigation and treatment of child abuse),
5shall receive, immediately after the county agency has
6ensured the safety of the child, reports of abuse [, either
7orally or in writing,] according to regulations [promulgated
8by the department], from the department or county agency in
9which the initial report of suspected child abuse or initial
10inquiry into the report gives evidence that the abuse is:

11(i) a criminal offense set forth [in] under section
12[6344(c)] 6344.3 (relating to grounds for denying 
13employment or participation in program, activity or 
14service), not including an offense under 18 Pa.C.S. § 
154304 (relating to endangering welfare of children) or an
16equivalent crime under Federal law or [the] law of
17another state[, sexual abuse, sexual exploitation or
18serious bodily injury perpetrated by persons, whether or
19not related to the victim]; or

20(ii) child abuse [perpetrated by persons who are not
21family members; or

22(iii) serious physical injury involving extensive
23and severe bruising, burns, broken bones, lacerations,
24internal bleeding, shaken baby syndrome or choking or an
25injury that significantly impairs a child's physical
26functioning, either temporarily or permanently] under 
27section 6334.1 (relating to responsibility for 
28investigation).

29* * *

30(12) A mandated reporter of suspected child abuse [as

1defined in] under section 6311 (relating to persons required
2to report suspected child abuse) who made a report of abuse
3involving the subject child, [but the information permitted
4to be released to the mandated reporter] shall be limited to
5the following:

6(i) [The final status of] Whether the child abuse
7report [following the investigation, whether it be] is
8indicated, founded or unfounded.

9(ii) Any services provided, arranged for or to be
10provided by the county agency to protect the child.

11(13) [Persons required to make reports under Subchapter
12C.1 (relating to students in public and private schools).
13Information under this paragraph shall be limited to the
14final status of the report following the investigation as to
15whether the report is indicated, founded or unfounded.]
16School administrators and child care service employers, as 
17provided under this paragraph. The following shall apply:

18(i) If the alleged perpetrator is a school employee
19or child care service employee, school administrators and
20child care service employers shall receive notice of a
21pending allegation and the final status of the report
22following the investigation as to whether the report is
23indicated, founded or unfounded.

24(ii) Information disclosed pursuant to this
25paragraph shall be provided to the school administrator
26or child care service employer within ten days of the
27completion of the investigation.

28(iii) If the perpetrator is a school employee, the
29notice of the final status of the report shall be sent to
30the Department of Education within ten days of the

1completion of the investigation.

2* * *

3(b) Release of information to subject [of report].--[At any
4time and upon] Upon a written request, a subject of a report may
5receive a copy of all information, except that prohibited from
6being disclosed by subsection (c), contained in the Statewide
7[central register] database or in any report filed pursuant to
8section 6313 (relating to reporting procedure).

9(c) Protecting identity [of person making report].--Except
10for reports [pursuant to] under subsection (a)(9) and (10), and 
11in response to a law enforcement official investigating 
12allegations of false reports under 18 Pa.C.S. § 4906.1 (relating 
13to false reports of child abuse), the release of data that would
14identify the person who made a report of suspected child abuse
15or [the person] who cooperated in a subsequent investigation is
16prohibited unless the [secretary] department finds that the
17release will not be detrimental to the safety of [that] the
18person. Law enforcement officials shall treat all reporting
19sources as confidential informants.

20(d) Exclusion of [administrative] information.--
21[Information] Except as provided under section 6341(c.2)(4) 
22(relating to amendment or expunction of information), 
23information maintained in the Statewide [central register which
24was] database obtained from an investigating agency in relation
25to an appeal request shall not be released to any person except
26a department official [, as provided by regulation]. Information 
27in the Statewide database or a confidential report provided 
28under section 6341(c.2)(4) shall be subject to subsection (c).

29§ 6342. Studies of data in records.

30(a) Studies.--The department may conduct or authorize the

1conducting of studies of the data contained in the [pending
2complaint file and the Statewide central register and] Statewide 
3database and by county agencies and distribute the results of
4the studies. No study may contain the name or other information
5by which a subject of a report could be identified. The
6department may allow Federal auditors access to nonidentifiable
7duplicates of reports in the [pending complaint file and the
8Statewide central register] Statewide database if required for
9Federal financial participation in funding of agencies.

10* * *

11Section 6. Section 6344(b)(2), (o)(1) and (p)(1) of Title 23
12are amended and the section is amended by adding a subsection to
13read:

14§ 6344. Information relating to prospective child-care
15personnel.

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] Statewide 
24database as the alleged perpetrator in a pending child abuse 
25investigation or as the perpetrator of a founded report of
26child abuse, indicated report of child abuse, founded report
27for school employee or indicated report for school employee.

28* * *

29(h.1) Form of payment.--Payment of the fee authorized under
30subsection (h) may be made by an individual or organization by

1check, money order, credit card or debit card.

2* * *

3(o) Use of information.--A foster family care agency may not
4approve a prospective foster parent if the prospective foster
5parent or an individual 14 years of age or older who resides for
6at least 30 days in a calendar year with the prospective foster
7parent meets either of the following:

8(1) Is named in the [central register] Statewide 
9database as the perpetrator of a founded report of child
10abuse committed within the five-year period immediately
11preceding verification pursuant to this section or is named
12in the [central register] Statewide database as the
13perpetrator of a founded report for a school employee
14committed within the five-year period immediately preceding
15verification pursuant to this section.

16* * *

17(p) Use of information.--A prospective adoptive parent may
18not be approved if the prospective adoptive parent or an
19individual 14 years of age or older who resides for at least 30
20days in a calendar year with the prospective adoptive parent
21meets either of the following:

22(1) Is named in the [central register] Statewide 
23database as the perpetrator of a founded report of child
24abuse committed within the five-year period immediately
25preceding verification pursuant to this section or is named
26in the [central register] Statewide database as the
27perpetrator of a founded report for a school employee
28committed within the five-year period immediately preceding
29verification pursuant to this section.

30* * *

1Section 7. Sections 6344.1(b) and (c)(1), 6346 and 6347 of
2Title 23 are amended to read:

3§ 6344.1. Information relating to family day-care home
4residents.

5* * *

6(b) Required information.--Child abuse record information
7required under subsection (a) shall include certification by the
8department as to whether the applicant is named in the [central
9register] Statewide database as the perpetrator of a founded
10report, indicated report, founded report for school employee or
11indicated report for school employee.

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] Statewide 
18database on child abuse established under Chapter 63
19(relating to child protective services) as the perpetrator of
20a founded report committed within the immediately preceding
21five-year period; or

22* * *

23§ 6346. Cooperation of other agencies.

24(a) General rule.--The secretary may request and shall
25receive from Commonwealth agencies, political subdivisions, an
26authorized agency or any other agency providing services under
27the local protective services plan any assistance and data that
28will enable the department and the county agency to fulfill
29their responsibilities properly, including law enforcement
30[personnel] officials when assistance is needed in conducting an

1investigation or an assessment of safety or risk to the child.
2School districts shall cooperate with the department and the
3agency by providing them upon request with the information as is
4consistent with law.

5(b) Willful failure to cooperate.--Any agency, school
6district or facility or any person acting on behalf of an
7agency, school district or facility that violates this section
8by willfully failing to cooperate with the department or a
9county agency when investigating a report of suspected child
10abuse or a report under Subchapter C.1 (relating to students in
11public and private schools) or when assessing safety or risk to
12a child commits a [summary offense] misdemeanor of the third 
13degree for a first violation and a misdemeanor of the [third]
14second degree for subsequent violations.

15(c) Cooperation of county agency and law enforcement
16[agencies] officials.--Consistent with the provisions of this
17chapter, the county agency and law enforcement [agencies]
18officials shall cooperate and coordinate, to the fullest extent
19possible, their efforts to respond to and investigate reports of
20suspected child abuse and to reports under Subchapter C.1.

21(d) Advice to county agency.--Whenever a report of suspected
22child abuse is referred from a county agency to a law
23enforcement [agency] official pursuant to section 6340(a)(9) and
24(10) (relating to release of information in confidential
25reports), as soon as possible, and without jeopardizing the
26criminal investigation or prosecution, the law enforcement
27[agency] official shall advise the county agency as to whether a
28criminal investigation has been undertaken and the results of
29the investigation and of any criminal prosecution. The county
30agency shall ensure that the information is referred to the

1Statewide [central register] database.

2§ 6347. Reports to Governor and General Assembly.

3(a) General rule.--No later than May 1 of every year, the
4secretary shall prepare and transmit to the Governor and the
5General Assembly a report on the operations of the [central
6register of child abuse and child] Statewide database and
7protective services provided by county agencies. The report
8shall include a full statistical analysis of the reports of
9suspected child abuse made to the department, the reports of 
10general protective services made to the department or county 
11agencies and the reports under Subchapter C.1 (relating to
12students in public and private schools), together with a report
13on the implementation of this chapter and its total cost to the
14Commonwealth, the evaluation of the secretary of services
15offered under this chapter and recommendations for repeal or for
16additional legislation to fulfill the purposes of this chapter.
17All such recommendations should contain an estimate of increased
18or decreased costs resulting therefrom. The report shall also
19include an explanation of services provided to children who were
20the subjects of founded or indicated reports while receiving
21child-care services. The department shall also describe its
22actions in respect to the perpetrators of the abuse.

23* * *

24Section 8. Section 6349(a) and (b) of Title 23 are amended
25and the section is amended by adding a subsection to read:

26§ 6349. Penalties.

27(a) Failure to amend or expunge information.--

28(1) A person or official authorized to keep the records
29mentioned in section 6337 (relating to disposition [of
30unfounded reports] and expunction of unfounded reports and
 

1general protective services reports) or 6338 (relating to
2disposition of founded and indicated reports) who willfully
3fails to amend or expunge the information when required
4commits a [summary offense] misdemeanor of the third degree
5for the first violation and a misdemeanor of the [third]
6second degree for a second or subsequent violation.

7(2) A person who willfully fails to obey a final order
8of the secretary or designated agent of the secretary to
9amend or expunge the summary of the report in the Statewide
10[central register] database or the contents of any report
11filed pursuant to section 6313 (relating to reporting
12procedure) commits a [summary offense] misdemeanor of the 
13third degree.

14(b) Unauthorized release of information.--A person who
15willfully releases or permits the release of any information
16contained in the [pending complaint file, the Statewide central
17register] Statewide database or the county agency records
18required by this chapter to persons or agencies not permitted by
19this chapter to receive that information commits a misdemeanor
20of the [third] second degree. Law enforcement [agencies]
21officials shall insure the confidentiality and security of
22information under this chapter. A person, including [an employee
23of] a law enforcement [agency] official, who violates the
24provisions of this subsection shall, in addition to other civil
25or criminal penalties provided by law, be denied access to the
26information provided under this chapter.

27(b.1) Unauthorized access or use of information.--A person
28who willfully accesses, attempts to access or uses information
29in the Statewide database for a purpose not authorized under
30this chapter commits a misdemeanor of the second degree. A

1person who uses information in the Statewide database for a
2purpose not authorized under this chapter with intent to harass,
3embarrass or harm another person commits a misdemeanor of the
4first degree.

5(c) Noncompliance with child-care personnel regulations.--An
6administrator, or other person responsible for employment
7decisions in a child-care facility or program, who willfully
8fails to comply with the provisions of section 6344 (relating to
9information relating to prospective child-care personnel)
10commits a violation of this chapter and shall be subject to a
11civil penalty as provided in this subsection. The department
12shall have jurisdiction to determine violations of section 6344
13and may, following a hearing, assess a civil penalty not to
14exceed $2,500. The civil penalty shall be payable to the
15Commonwealth.

16Section 9. Section 6375(c) of Title 23 is amended to read:

17§ 6375. County agency requirements for general protective
18services.

19* * *

20(c) Assessment for services.--

21(1) Within 60 days of receipt of a report, an assessment
22shall be completed and a decision on whether to accept the
23family for service shall be made. The county agency shall
24provide or arrange for services necessary to protect the
25child during the assessment period.

26(1.1) The county agency shall immediately notify the
27department upon the completion of the assessment whether the
28report was determined to be valid or invalid and whether the
29family was accepted for services or referred to community
30services.

1(1.2) The county agency shall immediately notify the
2department upon the closure of services for a child or family
3that has been accepted for services.

4(2) Each county agency shall implement a State-approved
5risk assessment process in performance of its duties.

6* * *

7Section 10. This act shall take effect December 31, 2014.