AN ACT

 

1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child protective services, further
3providing for definitions; <-repealing provisions relating to 
4immunity from liability; further providing for establishment 
5of pending complaint file, Statewide central register and 
6file of unfounded reports; repealing provisions relating to 
7amendment or expunction of information; and providing for 
8disposition of reports upon completion of investigation, for 
9requests for reviews of indicated reports for requests for 
10appeals of indicated reports and for immunity from liability 
<-11and further providing for amendment or expunction of 
12information.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

15Section 1. Section 6303(a) of Title 23 of the Pennsylvania
16Consolidated Statutes is amended by adding <-definitions a 
17definition to read:

18§ 6303. Definitions.

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

1* * *

<-2"Child-care services." As follows:

3(1) Includes any of the following:

4(i) Child day-care centers.

5(ii) Group day-care homes.

6(iii) Family day-care homes.

7(iv) Foster homes.

8(v) Adoptive parents.

9(vi) Boarding homes for children.

10(vii) Juvenile detention center services or programs
11for delinquent or dependent children.

12(viii) Mental health services for children.

13(ix) Services for children with intellectual
14disabilities.

15(x) Early intervention services for children.

16(xi) Drug and alcohol services for children.

17(xii) Day-care services or programs that are offered
18by a school.

19(xiii) Other child-care services that are provided
20by or subject to approval, licensure, registration or
21certification by the Department of Public Welfare or a
22county social services agency or that are provided
23pursuant to a contract with the Department of Public
24Welfare or a county social services agency.

25(2) The term does not include child-care services or
26programs which may be offered by public and private schools,
27intermediate units or area-vocational-technical schools.

<-28"Child-care services." Includes any of the following:

29(1) Child day-care centers.

30(2) Group day-care homes.

1(3) Family day-care homes.

2(4) Foster homes.

3(5) Adoptive parents.

4(6) Boarding homes for children.

5(7) Juvenile detention center services or programs for
6delinquent or dependent children.

7(8) Mental health services for children.

8(9) Services for children with intellectual
9disabilities.

10(10) Early intervention services for children.

11(11) Drug and alcohol services for children.

12(12) Day-care services or programs that are offered by a
13school.

14(13) Other child-care services that are provided by or
15subject to approval, licensure, registration or certification
16by the Department of Public Welfare or a county social
17services agency or that are provided pursuant to a contract
18with the Department of Public Welfare or a county social
19services agency.

20* * *

<-21"School." A facility providing elementary, secondary or
22postsecondary educational services. The term includes the
23following:

24(1) Any school of a school district.

25(2) An area vocational-technical school.

26(3) A joint school.

27(4) An intermediate unit.

28(5) A charter school or regional charter school.

29(6) A cyber charter school.

30(7) A private school licensed under the act of January

128, 1988 (P.L.24, No.11), known as the Private Academic
2Schools Act.

3(8) A private school accredited by an accrediting
4association approved by the State Board of Education.

5(9) A nonpublic school.

6(10) A community college which is an institution now or
7hereafter created pursuant to Article XIX-A of the act of
8March 10, 1949 (P.L.30, No.14), known as the Public School
9Code of 1949, or the former act of August 24, 1963 (P.L.1132,
10No.484), known as the Community College Act of 1963.

11(11) An independent institution of higher education
12which is an institution of higher education which is operated
13not for profit, located in and incorporated or chartered by
14the Commonwealth, entitled to confer degrees as set forth in
1524 Pa.C.S. § 6505 (relating to power to confer degrees) and
16entitled to apply to itself the designation "college" or
17"university" as provided for by standards and qualifications
18prescribed by the State Board of Education pursuant to 24
19Pa.C.S. Ch. 65 (relating to private colleges, universities
20and seminaries).

21(12) A State-owned university.

22(13) A State-related university.

23(14) A private school licensed under the act of December
2415, 1986 (P.L.1585, No.174), known as the Private Licensed
25Schools Act.

26(15) The Hiram G. Andrews Center.

27(16) A private residential rehabilitative institution as
28defined in section 914.1-A(c) of the Public School Code of
291949.

30* * *

1Section 2. Section 6318 of Title 23 is repealed:

2[§ 6318. Immunity from liability.

3(a) General rule.--A person, hospital, institution, school,
4facility, agency or agency employee that participates in good
5faith in the making of a report, whether required or not,
6cooperating with an investigation, including providing
7information to a child fatality or near fatality review team,
8testifying in a proceeding arising out of an instance of
9suspected child abuse, the taking of photographs or the removal
10or keeping of a child pursuant to section 6315 (relating to
11taking child into protective custody), and any official or
12employee of a county agency who refers a report of suspected
13abuse to law enforcement authorities or provides services under
14this chapter, shall have immunity from civil and criminal
15liability that might otherwise result by reason of those
16actions.

17(b) Presumption of good faith.--For the purpose of any civil
18or criminal proceeding, the good faith of a person required to
19report pursuant to section 6311 (relating to persons required to
20report suspected child abuse) and of any person required to make
21a referral to law enforcement officers under this chapter shall
22be presumed.]

23Section 3. Section 6331(2) of Title 23 is amended to read:

24§ 6331. Establishment of pending complaint file, Statewide
25central register and file of unfounded reports.

26There shall be established in the department:

27* * *

28(2) A Statewide central register of child abuse which
29shall consist of founded and indicated reports[.] and which
30contains the following subfiles that shall be retained

1indefinitely:

2(i) A subfile of the names of perpetrators of
3indicated and founded reports of child abuse if the
4individual's Social Security number or date of birth is
5known to the department.

6(ii) A subfile of the names of the persons who made
7an intentionally false report of suspected child abuse
8under 18 Pa.C.S. § 4906.1 (relating to false reports of
9child abuse), including the name of the subject child,
10which shall only be made available to law enforcement,
11the department or the county agency investigating new
12allegations of suspected child abuse at child-care
13services, facility or school to determine the existence
14of a pattern of false reports of suspected child abuse on
15behalf of any one person or subject child.

16* * *

17Section 4. Section 6341 of Title 23 is repealed:

18[§ 6341. Amendment or expunction of information.

19(a) General rule.--At any time:

20(1) The secretary may amend or expunge any record under
21this chapter upon good cause shown and notice to the
22appropriate subjects of the report.

23(2) Any person named as a perpetrator, and any school
24employee named, in an indicated report of child abuse may,
25within 45 days of being notified of the status of the report,
26request the secretary to amend or expunge an indicated report
27on the grounds that it is inaccurate or it is being
28maintained in a manner inconsistent with this chapter.

29(b) Review of grant of request.--If the secretary grants the
30request under subsection (a)(2), the Statewide central register,

1appropriate county agency, appropriate law enforcement officials
2and all subjects shall be so advised of the decision. The county
3agency and any subject have 45 days in which to file an
4administrative appeal with the secretary. If an administrative 
5appeal is received, the secretary or his designated agent shall 
6schedule a hearing pursuant to Article IV of the act of June 13, 
71967 (P.L.31, No.21), known as the Public Welfare Code, and 
8attending departmental regulations. If no administrative appeal 
9is received within the designated time period, the Statewide 
10central register shall comply with the decision of the secretary
11and advise the county agency to amend or expunge the information
12in their records so that the records are consistent at both the
13State and local levels.

14(c) Review of refusal of request.--If the secretary refuses
15the request under subsection (a)(2) or does not act within a
16reasonable time, but in no event later than 30 days after
17receipt of the request, the perpetrator or school employee shall
18have the right to a hearing before the secretary or a designated
19agent of the secretary to determine whether the summary of the
20indicated report in the Statewide central register should be
21amended or expunged on the grounds that it is inaccurate or that
22it is being maintained in a manner inconsistent with this
23chapter. The perpetrator or school employee shall have 45 days
24from the date of the letter giving notice of the decision to
25deny the request in which to request a hearing. The appropriate
26county agency and appropriate law enforcement officials shall be
27given notice of the hearing. The burden of proof in the hearing
28shall be on the appropriate county agency. The department shall
29assist the county agency as necessary.

30(d) Stay of proceedings.--Any administrative appeal

1proceeding pursuant to subsection (b) shall be automatically
2stayed upon notice to the department by either of the parties
3when there is a pending criminal proceeding or a dependency or 
4delinquency proceeding pursuant to 42 Pa.C.S. Ch. 63 (relating
5to juvenile matters), including any appeal thereof, involving
6the same factual circumstances as the administrative appeal.

7(e) Order.--The secretary or designated agent may make any
8appropriate order respecting the amendment or expunction of such
9records to make them accurate or consistent with the
10requirements of this chapter.

11(f) Notice of expunction.--Written notice of an expunction
12of any child abuse record made pursuant to the provisions of
13this chapter shall be served upon the subject of the record who
14was responsible for the abuse or injury and the appropriate
15county agency. Except as provided in this subsection, the county
16agency, upon receipt of the notice, shall take appropriate,
17similar action in regard to the local child abuse and school
18employee records and inform, for the same purpose, the
19appropriate coroner if that officer has received reports
20pursuant to section 6367 (relating to reports to department and
21coroner). Whenever the county agency investigation reveals,
22within 60 days of receipt of the report of suspected child
23abuse, that the report is unfounded but that the subjects need
24services provided or arranged by the county agency, the county
25agency shall retain those records and shall specifically
26identify that the report was an unfounded report of suspected
27child abuse. An unfounded report regarding subjects who receive
28services shall be expunged no later than 120 days following the
29expiration of one year after the termination or completion of
30services provided or arranged by the county agency.]

1Section 5. Title 23 is amended by adding sections to read:

2§ 6341.1. Disposition of reports upon completion of
3investigation.

4(a) Final determination.--

5(1) Upon completion of an investigation by a county
6agency, the county agency shall:

7(i) inform the department that:

8(A) the child abuse report or complaint has been
9determined to be unfounded, indicated or founded; and

10(B) whether there is any acceptance for
11services; and

12(ii) if there is no acceptance for services, state
13whether the family was referred for other community
14services.

15(2) Each case shall bear a notation as to the effect of
16its outcome.

17(b) Review of indicated reports.--A final determination that
18a report of suspected child abuse is indicated shall be made:

19(1) if the county is the investigating agency, by the
20county administrator or a designee and the county solicitor;
21or

22(2) if the department is the investigating agency, by
23the secretary or a designee and legal counsel for the
24department.

25(c) Failure to make determination.--

26(1) Subject to paragraph (2), a report of suspected
27child abuse shall be considered to be an unfounded report if
28within 60 days of the date of the initial report an
29investigation of the report by the county agency does not
30determine that the report is a founded report, indicated

1report or unfounded report.

2(2) If court action has been initiated but the court has
3not determined that the report is a founded report, and the
4lack of such a determination results in the county agency not
5being able to make its determination under paragraph (1), the
6report shall be identified in the Statewide database as
7pending and the status of the report shall be updated in the
8Statewide database following the court determination.

9(d) Notification of court action.--The county agency shall
10advise the department that court action or an arrest has been
11initiated so that the database is kept current regarding the
12status of all legal proceedings.

13(e) Notice of final determination.--Within 24 business hours
14of entering of the information into the Statewide central
15registry, the department shall send notice of the final
16determination to the subjects of the report, other than the
17abused child, and the mandated reporter if a report was made
18under section 6313 (relating to reporting procedure). For the
19purpose of this section, notice of the report shall be deemed
20received by the intended recipient if the report was mailed to
21the recipient's last known post office address and was not
22returned to the department as undeliverable by the postal
23service. The notice shall include in following information:

24(1) The status of the report.

25(2) The perpetrator's right to request the secretary to
26amend the report.

27(3) The right of the subjects of the report to services
28from the county agency.

29(4) The effect of the report upon future employment
30opportunities involving children.

1(5) The fact that the name of the perpetrator, the
2nature of the abuse and the final status of the report will
3be kept on file indefinitely if the Social Security number or
4date of birth is known.

5(6) The perpetrator's right to appeal an indicated
6finding of abuse within 45 days of the conclusion of the
7investigation that determined the report to be indicated.

8(7) The perpetrator's right to a fair hearing on the
9merits on an appeal of an indicated report.

10(8) The burden on the investigative agency to prove its
11case by substantial evidence in an appeal of an indicated
12report.

13§ 6341.2. Requests for reviews of indicated reports.

14(a) Request by perpetrator.--A person named as a perpetrator
15in an indicated report may request the secretary to amend the
16report on the grounds that it is inaccurate or is being
17maintained in a manner inconsistent with this chapter. The
18request must be filed within 45 days of the date of the notice
19of the final determination that the report is indicated.

20(b) Amendment by secretary.--At any time the secretary may
21amend any record under this chapter upon good cause shown and
22notice to the appropriate subjects of the report and the county
23agency having jurisdiction over the report.

24(c) Review of refusal of request.--If the secretary refuses
25the request under subsection (a) or does not act within a
26reasonable time, but in no event later than 30 days after
27receipt of the request, the perpetrator shall have the right to
28a hearing before the secretary or a designated agent of the
29secretary to determine whether the summary of the indicated
30report in the Statewide central register should be amended or

1expunged on the grounds that it is inaccurate or that it is
2being maintained in a manner inconsistent with this chapter. The
3perpetrator shall have 45 days from the date of the letter
4giving notice of the decision to deny the request in which to
5request a hearing. The appropriate county agency and appropriate
6law enforcement officials shall be given notice of the hearing.
7The burden of proof in the hearing shall be on the appropriate
8county agency. The department shall assist the county agency as
9necessary.

10(d) Appeal.--Subject to the provisions of section 6341.3
11(relating to requests for appeals of indicated reports), the
12perpetrator may appeal a denial of the request under subsection
13(c), and the county may appeal the granting of the request.

14(e) Order.--The secretary or designated agent may make any
15appropriate order respecting the amendment of an indicated
16report to make it accurate or consistent with the requirements
17of this chapter.

18§ 6341.3. Requests for appeals of indicated reports.

19(a) Request by perpetrator.--A person named as a perpetrator
20in an indicated report may request a hearing to appeal the
21determination. The request must be filed within 45 days of the
22date of the notice of the final determination that the report is
23indicated.

24(b) Time to appeal.--Appeals made under section 6341.2
25(relating to requests for reviews of indicated reports) must be
26received by the secretary within 45 days of the conclusion of
27the investigation determining that the report of suspected child
28abuse is an indicated report. Failure to timely file an appeal
29shall preclude any appeal of the indicated finding of child
30abuse.

1(c) Stay of proceedings.--An administrative appeal
2proceeding under this section shall be automatically stayed upon
3notice to the department by either of the parties when there is
4a pending criminal proceeding or a dependency or delinquency
5proceeding pursuant to 42 Pa.C.S. Ch. 63 (relating to juvenile
6matters), including any appeal thereof, involving the same
7factual circumstances as the administrative appeal.

8(d) Hearing.--The appeal hearing shall be scheduled
9according to the following procedures:

10(1) Within ten days of receipt of an appeal pursuant to
11this section, the department shall schedule a hearing on the
12merits of the appeal.

13(2) The department shall make reasonable efforts to
14coordinate the hearing date with both the appellee and
15appellant.

16(3) Proceedings before the Bureau of Hearings and
17Appeals shall commence within 90 days of the date the
18scheduling order is entered. Proceedings and hearings shall
19be scheduled to be heard on consecutive days whenever
20possible, but if not on consecutive days, then the proceeding
21or hearing shall be concluded no later than 30 days from
22commencement.

23(4) The investigative agency shall bear the burden of
24proving by substantial evidence that the report should remain
25categorized as an indicated report.

26(5) Evidence that a child has suffered child abuse of
27such a nature as would ordinarily not be sustained or exist
28except by reason of the act or failure to act of the alleged
29perpetrator shall be prima facie evidence of child abuse by
30either or both of the parents or any other person responsible

1for the child's welfare. Once the investigative agency has
2established that prima facie evidence of child abuse exists,
3the burden shall shift to the appellee to establish that the
4appellee was not the individual responsible for the welfare
5of the child or that the child was not the victim of child
6abuse by a perpetrator.

7(e) Testimony by closed-circuit television when available.--
8At the request of the investigative agency, the administrative
9law judge or hearing officer shall order that the testimony of
10the child victim or child material witness be taken under oath
11or affirmation in a room other than the hearing room and
12televised by close-circuit equipment to be viewed by the
13tribunal. Only the attorneys for the appellant and appellee, the
14court reporter, the administrative law judge or hearing officer,
15persons necessary to operate the equipment and any person whose
16presence would contribute to the welfare and well-being of the
17child may be present in the room with the child during the
18child's testimony. The administrative law judge or hearing
19officer shall permit the appellee to observe and hear the
20testimony of the child but shall ensure that the child cannot
21hear or see the appellee. The administrative law judge or
22hearing officer shall make certain that the appellee has
23adequate opportunity to communicate with counsel for the
24purposes of providing an effective examination.

25(f) Admissibility of certain statements.--An out-of-court
26statement, including a video, audio or other recorded statement,
27not otherwise admissible by statute or rule of evidence is
28admissible in evidence in a proceeding under this section if the
29following apply:

30(1) The statement was made by a child under ten years of

1age or by a child ten years of age or older who is
2intellectually disabled.

3(2) The statement alleges, explains, denies or describes
4any of the following:

5(i) An act of sexual penetration or contact
6performed with or on the child.

7(ii) An act of sexual penetration or contact with or
8on another child observed by the child making the
9statement.

10(iii) An act involving bodily injury or serious
11physical neglect of the child by another.

12(iv) An act involving bodily injury or serious
13physical neglect of another child observed by the child
14making the statement.

15(3) The administrative law judge or hearing officer
16finds that the time, content and circumstances of the
17statement and the reliability of the person to whom the
18statement is made provide sufficient indicia of reliability.

19(4) The proponent of the statement notifies other
20parties of an intent to offer the statement and the
21particulars of the statement sufficiently in advance of the
22proceeding at which the proponent intends to offer the
23statement into evidence to provide the parties with a fair
24opportunity to meet the statement.

25(g) Prompt decision.--The administrative law judge or
26hearing officer's decision shall be entered, filed and served
27upon the parties within 15 days of the date upon which the
28proceeding or hearing is concluded unless, within that time, the
29tribunal extends the date for the decision by order entered of
30record showing good cause for the extension. In no event shall

1an extension delay the entry of the decision more than 45 days
2after the conclusion of the proceeding or hearing.

3(h) Reconsideration and appeal.--Parties to a proceeding or
4hearing held under this section have 15 calendar days from the
5mailing date of the final order of the Bureau of Hearings and
6Appeals to request the secretary to reconsider the decision or
7appeal to Commonwealth Court. Parties to a proceeding or hearing
8held under this section have 30 calendar days from the mailing
9date of the final order of the Bureau of Hearings and Appeals to
10perfect an appeal to the Commonwealth Court. The filing for
11reconsideration shall not toll the 30 days provided.

12(i) Notice of decision.--Notice of the decision shall be
13made to the Statewide database, the appropriate county agency,
14any appropriate law enforcement officials and all subjects of
15the report.

16(j) Notice of expunction.--Written notice of an expunction
17of any child abuse record made pursuant to the provisions of
18this chapter shall be served upon the subject of the record who
19was responsible for the abuse or injury and the appropriate
20county agency. Except as provided in this subsection, the county
21agency, upon receipt of the notice, shall take appropriate,
22similar action in regard to the local child abuse and school
23employee or child-care services employee records and inform, for
24the same purpose, the appropriate coroner if that officer has
25received reports pursuant to section 6367 (relating to reports
26to department and coroner). Whenever the county agency
27investigation reveals, within 60 days of receipt of the report
28of suspected child abuse, that the report is unfounded but that
29the subjects need services provided or arranged by the county
30agency, the county agency shall retain those records and shall

1specifically identify that the report was an unfounded report of
2suspected child abuse. An unfounded report regarding subjects
3who receive services shall be expunged no later than 120 days
4following the expiration of one year after the termination or
5completion of services provided or arranged by the county
6agency.

7§ 6379. Immunity from liability.

8(a) General rule.--A person, hospital, institution, school,
9facility, agency or agency employee acting in good faith and
10without actual malice shall have immunity from civil and
11criminal liability that might otherwise result from any of the
12following:

13(1) Making a report of suspected child abuse or making a
14referral for general protective services, regardless of
15whether the report is required to be made under this chapter.

16(2) Cooperating or consulting with an investigation
17under this chapter, including providing information to a
18child fatality or near-fatality review team.

19(3) Testifying in a proceeding arising out of an
20instance of suspected child abuse or general protective
21services.

22(4) Engaging in any action taken under section 6314
23(relating to photographs, medical tests and X-rays of child
24subject to report), 6315 (relating to taking child into
25protective custody), 6316 (relating to admission to private
26and public hospitals) or 6317 (relating to mandatory
27reporting and postmortem investigation of deaths).

28(b) Departmental and county agency immunity.--An official or
29employee of the department or county agency who refers a report
30of suspected child abuse or general protective services to law

1enforcement authorities or provides services under this chapter
2shall have immunity from civil and criminal liability that might
3otherwise result from the action.

4(c) Presumption of good faith.--For the purpose of any civil
5or criminal proceeding, the good faith of a person required to
6report pursuant to section 6311 (relating to persons required to
7report suspected child abuse) and of any person required to make
8a referral to law enforcement officers under this chapter shall
9be presumed unless actual malice is proven.

10(d) False reports.--Any person who intentionally makes a
11false report of suspected child abuse pursuant to 18 Pa.C.S. §
124906.1 (relating to false reports of child abuse) against a
13person, school employee, private residential rehabilitative
14institution employee, detention facility employee or child-care
15services employee commits a misdemeanor of the second degree.

16Section 6. This act shall take effect January 1, 2014.

<-17Section 2. Section 6341(c) of Title 23 is amended and the
18section is amended by adding subsections to read:

19(b.2)  Hearing.--A person making an appeal under subsection
20(a)(3) shall have the right to a timely hearing to determine the
21merits of the appeal. A hearing on the appeal of a person named
22as a perpetrator authorized under subsection (a)(3) shall be
23scheduled according to the following procedures:

24(1)  Within 10 days of receipt of an appeal pursuant to
25this section, the department shall schedule a hearing on the
26merits of the appeal.

27(2)  The department shall make reasonable efforts to
28coordinate the hearing date with both the appellee and
29appellant.

30(3)  After reasonable efforts required by paragraph (2)

1have been made, the department shall enter a scheduling
2order, and proceedings before the Bureau of Hearings and
3Appeals shall commence within 90 days of the date the
4scheduling order is entered, unless all parties have agreed
5to a continuance. Proceedings and hearings shall be scheduled
6to be heard on consecutive days whenever possible, but if not
7on consecutive days, then the proceeding or hearing shall be
8concluded not later than 30 days from commencement.

9(4) The department or county agency shall provide a
10person making an appeal with all evidence gathered during the
11child abuse investigation that is relevant to the
12determination, including potentially exculpatory evidence.
13The evidence shall be provided not later than 10 days
14following the entry of a scheduling order.

15(5)  The department or county agency shall bear the
16burden of proving by substantial evidence that the report
17should remain categorized as an indicated report.

18(b.3)  Prompt decision.--The administrative law judge's or
19hearing officer's decision in a hearing under subsection (b.2)
20shall be entered, filed and served upon the parties within 45
21days of the date upon which the proceeding or hearing is
22concluded unless, within that time, the tribunal extends the
23date for the decision by order entered of record showing good
24cause for the extension. In no event shall an extension delay
25the entry of the decision more than 60 days after the conclusion
26of the proceeding or hearing.

27(b.4)  Notice of decision.--Notice of the decision shall be
28made to the Statewide database, the appropriate county agency,
29any appropriate law enforcement officials and all subjects of
30the report, except for the abused child.

1(c)  [Review of refusal of request.--If the secretary refuses
2the request under subsection (a)(2) or does not act within a
3reasonable time, but in no event later than 30 days after
4receipt of the request, the perpetrator or school employee shall
5have the right to a hearing before the secretary or a designated
6agent of the secretary to determine whether the summary of the
7indicated report in the Statewide central register should be
8amended or expunged on the grounds that it is inaccurate or that
9it is being maintained in a manner inconsistent with this
10chapter. The perpetrator or school employee shall have 45 days
11from the date of the letter giving notice of the decision to
12deny the request in which to request a hearing. The appropriate
13county agency and appropriate law enforcement officials shall be
14given notice of the hearing. The burden of proof in the hearing
15shall be on the appropriate county agency. The department shall
16assist the county agency as necessary.] Reconsideration and
17appeal.--Parties to a proceeding or hearing held under
18subsection (b.2) have 15 calendar days from the mailing date of
19the final order of the Bureau of Hearings and Appeals to request
20the secretary to reconsider the decision or appeal to
21Commonwealth Court. Parties to a proceeding or hearing held
22under this section have 30 calendar days from the mailing date
23of the final order of the Bureau of Hearings and Appeals to
24perfect an appeal to Commonwealth Court. The filing for
25reconsideration shall not toll the 30 days provided.

26* * *

27Section 3. The amendment of 23 Pa.C.S. §§ 6303(a) and 6341
28shall apply to appeals filed on or after the effective date of
29this section.

30Section 4. This act shall take effect July 1, 2014.