1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child protective services, further
3providing for definitions, for persons required to report
4suspected child abuse and for reporting procedure; and
5repealing provisions relating to definitions, school
6employees, administration, investigation, responsibilities of
7county agency for child protective services and report
8information.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. The definitions of "founded report for school
12employee," "general protective services," "indicated report,"
13"indicated report for school employee," "individual residing in
14the same home as the child," "near fatality" and "school
15employee" in section 6303(a) of Title 23 of the Pennsylvania
16Consolidated Statutes are amended and the subsection is amended
17by adding definitions 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

1section unless the context clearly indicates otherwise:

2* * *

3"Bodily injury." Impairment of physical condition or
4substantial pain.

5* * *

6"Child with a disability." A child:

7(1) who meets the definition of child with a disability
8under the Individuals with Disabilities Education Act (Public
9Law 91-230, 20 U.S.C. § 1400 et seq.);

10(2) who meets the definition of handicapped person under
11section 504 of the Rehabilitation Act of 1973 (Public Law 93-
12112, 29 U.S.C. § 794) and its implementing regulations at 34
13CFR § 104.3 (relating to definitions);

14(3) for whom an evaluation is pending under either the
15Individuals with Disabilities Education Act or the
16Rehabilitation Act of 1973; or

17(4) who is not yet eligible for special education and
18related services as described in section 615(k)(5)(A) of the
19Individuals with Disabilities Education Act (20 U.S.C. § 1415
20(k)(5)(A)).

21* * *

22"Disability." The term shall have the same meaning as the
23term is given in section 3 of the Americans with Disabilities
24Act of 1990 (Public Law 101-336, 42 U.S.C. § 12102(2)).

25* * *

26"Founded report." [A child abuse report made pursuant to
27this chapter if there has been any judicial adjudication based
28on a finding that a child who is a subject of the report has
29been abused, including the entry of a plea of guilty or nolo
30contendere or a finding of guilt to a criminal charge involving

1the same factual circumstances involved in the allegation of
2child abuse.] A child abuse report involving a perpetrator that 
3is made pursuant to this chapter, if any of the following 
4applies:

5(1) There has been a judicial adjudication based on a
6finding that a child who is a subject of the report has been
7abused and the adjudication involves the same factual
8circumstances involved in the allegation of child abuse. The
9judicial adjudication may include any of the following:

10(i) The entry of a plea of guilty or nolo
11contendere.

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

13(iii) A finding of dependency or delinquency under
1442 Pa.C.S. § 6341 (relating to adjudication).

15(2) There has been an acceptance into an accelerated
16rehabilitative disposition program and the reason for the
17acceptance involves the same factual circumstances involved
18in the allegation of child abuse.

19(3) There has been a consent decree entered in a
20juvenile proceeding under 42 Pa.C.S. Ch. 63 (relating to
21juvenile matters) and the decree involves the same factual
22circumstances involved in the allegation of child abuse.

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

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

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

1(iii) the protection from abuse adjudication finds
2that the abuse occurred and prohibits further contact
3between the individual and the child.

4* * *

5"General protective services." Those services and activities
6provided by each county agency for [nonabuse] cases requiring
7protective services, as defined by the [Department of Public
8Welfare] department in regulations.

9"Indicated report." [A child abuse report made pursuant to
10this chapter if an investigation by the county agency or the
11Department of Public Welfare determines that substantial
12evidence of the alleged abuse exists based on any of the
13following:

14(1) Available medical evidence.

15(2) The child protective service investigation.

16(3) An admission of the acts of abuse by the
17perpetrator.]

18(1) Subject to paragraph (2), a report of child abuse
19made pursuant to this chapter if an investigation by the
20department or county agency determines that substantial
21evidence of the alleged abuse by a perpetrator exists based
22on any of the following:

23(i) Available medical evidence.

24(ii) The child protective service investigation.

25(iii) An admission of the acts of abuse by the
26perpetrator.

27(2) A report may be indicated under paragraph (1)(i) or
28(ii) for any child in need of child protective services,
29regardless of the number of alleged perpetrators or the
30inability to identify the specific perpetrator among two or

1more alleged perpetrators.

2["Indicated report for school employee." A report made under
3Subchapter C.1 (relating to students in public and private
4schools) if an investigation by the county agency determines
5that substantial evidence of serious bodily injury or sexual
6abuse or exploitation exists based on any of the following:

7(1) Available medical evidence.

8(2) The county agency's investigation.

9(3) An admission of the acts of abuse by the school
10employee.

11"Individual residing in the same home as the child." An
12individual who is 14 years of age or older and who resides in
13the same home as the child.]

14"Mandated reporter." A person required to report suspected
15child abuse under section 6311 (relating to persons required to
16report suspected child abuse).

17"Near fatality." [An act that, as certified by a physician,
18places a child in serious or critical condition.] A child's 
19serious or critical condition, as certified by a physician, 
20where that child is a subject of the report of child abuse.

21* * *

22"School." A facility providing elementary, secondary or
23postsecondary educational services. The term includes every
24public, nonpublic, private and parochial school, including each
25of the following:

26(1) A school or a class within a school under the
27supervision of the Department of Education.

28(2) A State-related and State-owned college or
29university.

30(3) A public or private college or university.

1(4) A community college.

2(5) A vocational-technical school.

3(6) An intermediate unit.

4(7) A charter, regional charter school or cyber charter
5school.

6(8) A private school licensed under the act of January
728, 1988 (P.L.24, No.11), known as the Private Academic
8Schools Act.

9(9) A nonprofit school located in this Commonwealth,
10other than a public school, wherein a resident of this
11Commonwealth may legally fulfill the compulsory school
12attendance requirements of the act of March 10, 1949 (P.L.30,
13No.14), known as the Public School Code of 1949, and which
14meets the requirements of Title VI of the Civil Rights Act of
151964 (Public Law 88-352, 78 Stat. 241).

16"School employee." An individual who is employed by a
17[public or private school, intermediate unit or area vocational-
18technical] school or who provides a program, activity or service 
19in a school. The term includes an independent contractor that 
20provides a program, activity or service in a school and the
21employees of the independent contractor that is directly 
22responsible for the care, supervision, guidance or training of 
23the child. [The term excludes an individual who has no direct
24contact with students.]

25* * *

26Section 2. Section 6311(c) of Title 23 is amended and the
27section is amended by adding a subsection to read:

28§ 6311. Persons required to report suspected child abuse.

29* * *

30(c) Staff members of institutions, etc.--Whenever a person

1is required to report under subsection (b) in the capacity as a
2member of the staff of a medical or other public or private
3institution, school, facility or agency, that person shall
4immediately report or cause a report to be made in accordance 
5with section 6313. The person required to report shall also
6notify the person in charge of the institution, school, facility
7or agency or the designated agent of the person in charge. [Upon
8notification, the person in charge or the designated agent, if
9any, shall assume the responsibility and have the legal
10obligation to report or cause a report to be made in accordance
11with section 6313.] This chapter does not require more than one
12report from any such institution, school, facility or agency.

13(c.1) School employees.--A school employee who has
14reasonable cause to suspect, on the basis of professional or
15other training or expertise, that a student coming before the
16school employee in the employee's professional or official
17capacity is a victim of bodily injury, sexual abuse or sexual
18exploitation shall immediately report or cause a report to be
19made in accordance with section 6313. The person mandated to
20report shall also notify the administrator.

21* * *

22Section 3. Section 6313(c) of Title 23 is amended to read:

23§ 6313. Reporting procedure.

24* * *

25(c) Written reports.--Written reports from persons required
26to report under section 6311 shall be made to the appropriate
27county agency in a manner and on forms the department prescribes
28by regulation. The written reports shall include the following
29information if available:

30(1) The [names and addresses of the child and the

1parents or other person responsible for the care of the child
2if known.] name, age, gender, address, school and status of 
3the child with a disability.

4(1.1) The name and address of the child's parent or
5guardian.

6(2) Where the suspected abuse occurred and the nature of 
7the alleged offense.

8[(3) The age and sex of the subjects of the report.]

9(4) The nature and extent of the suspected child abuse,
10including any evidence of prior abuse to the child or
11siblings of the child.

12(5) The name [and relationship], relationship, home 
13address and work address of the person or persons responsible
14for causing the suspected abuse, if known, and any evidence
15of prior abuse by that person or persons.

16(6) Family composition.

17(7) The source of the report.

18(8) The person making the report and where that person
19can be reached.

20(9) The actions taken by the reporting source, including
21the taking of photographs and X-rays, removal or keeping of
22the child or notifying the medical examiner or coroner.

23(9.1) Any specific comments or observations that are
24directly related to the alleged incident and the individuals
25involved.

26(10) Any other information which the department may
27require by regulation.

28* * *

29Section 4. Subchapter C.1 of Chapter 63 of Title 23 is
30repealed:

1[SUBCHAPTER C.1

2STUDENTS IN PUBLIC AND PRIVATE SCHOOLS

3Sec.

46351. Definitions.

56352. School employees.

66353. Administration.

76353.1. Investigation.

86353.2. Responsibilities of county agency.

96353.3. Information in Statewide central register.

106353.4. Other provisions.

11§ 6351. Definitions.

12The following words and phrases when used in this subchapter
13shall have the meanings given to them in this section unless the
14context clearly indicates otherwise:

15"Administrator." The person responsible for the
16administration of a public or private school, intermediate unit
17or area vocational-technical school. The term includes an
18independent contractor.

19§ 6352. School employees.

20(a) Requirement.--

21(1) Except as provided in paragraph (2), a school
22employee who has reasonable cause to suspect, on the basis of
23professional or other training and experience, that a student
24coming before the school employee in the employee's
25professional or official capacity is a victim of serious
26bodily injury or sexual abuse or sexual exploitation by a
27school employee shall immediately contact the administrator.

28(2) If the school employee accused of seriously injuring
29or sexually abusing or exploiting a student is the
30administrator, the school employee who has reasonable cause

1to suspect, on the basis of professional or other training
2and experience, that a student coming before the school
3employee in the employee's professional or official capacity
4is a victim of serious bodily injury or sexual abuse or
5sexual exploitation shall immediately report to law
6enforcement officials and the district attorney under section
76353(a) (relating to administration). If an administrator is
8the school employee who suspects injury or abuse, the
9administrator shall make a report under section 6353(a).

10(3) The school employee may not reveal the existence or
11content of the report to any other person.

12(b) Immunity.--A school employee who refers a report under
13subsection (a) shall be immune from civil and criminal liability
14arising out of the report.

15(c) Criminal penalty.--

16(1) A school employee who willfully violates subsection
17(a) commits a summary offense.

18(2) A school employee who, after being sentenced under
19paragraph (1), violates subsection (a) commits a misdemeanor
20of the third degree.

21§ 6353. Administration.

22(a) Requirement.--An administrator and a school employee
23governed by section 6352(a)(2) (relating to school employees)
24shall report immediately to law enforcement officials and the
25appropriate district attorney any report of serious bodily
26injury or sexual abuse or sexual exploitation alleged to have
27been committed by a school employee against a student.

28(b) Report.--A report under subsection (a) shall include the
29following information:

30(1) Name, age, address and school of the student.

1(2) Name and address of the student's parent or
2guardian.

3(3) Name and address of the administrator.

4(4) Name, work and home address of the school employee.

5(5) Nature of the alleged offense.

6(6) Any specific comments or observations that are
7directly related to the alleged incident and the individuals
8involved.

9(c) Immunity.--An administrator who makes a report under
10subsection (a) shall be immune from civil or criminal liability
11arising out of the report.

12(d) Criminal penalty.--An administrator who willfully
13violates subsection (a) commits a misdemeanor of the third
14degree.

15§ 6353.1. Investigation.

16(a) General rule.--Upon receipt of a report under section
176353 (relating to administration), an investigation shall be
18conducted by law enforcement officials, in cooperation with the
19district attorney, and a determination made as to what criminal
20charges, if any, will be filed against the school employee.

21(b) Referral to county agency.--

22(1) If local law enforcement officials have reasonable
23cause to suspect on the basis of initial review that there is
24evidence of serious bodily injury, sexual abuse or sexual
25exploitation committed by a school employee against a
26student, local law enforcement officials shall notify the
27county agency in the county where the alleged abuse or injury
28occurred for the purpose of the agency conducting an
29investigation of the alleged abuse or injury.

30(2) To the fullest extent possible, law enforcement

1officials and the county agency shall coordinate their
2respective investigations. In respect to interviews with the
3student, law enforcement officials and the county agency
4shall conduct joint interviews. In respect to interviews with
5the school employee, law enforcement officials shall be given
6an opportunity to interview the school employee prior to the
7employee having any contact with the county agency.

8(3) The county agency and law enforcement officials have
9the authority to arrange for photographs, medical tests or X-
10rays of a student alleged to have been abused or injured by a
11school employee. The county agency and law enforcement
12officials shall coordinate their efforts in this regard and,
13to the fullest extent possible, avoid the duplication of any
14photographs, medical tests or X-rays.

15(4) Law enforcement officials and the county agency
16shall advise each other of the status and findings of their
17respective investigations on an ongoing basis.

18§ 6353.2. Responsibilities of county agency.

19(a) Information for the pending complaint file.--Immediately
20after receiving a report under section 6353.1 (relating to
21investigation), the county agency shall notify the department of
22the receipt of the report, which is to be filed in the pending
23complaint file as provided in section 6331(1) (relating to
24establishment of pending complaint file, Statewide central
25register and file of unfounded reports). The oral report shall
26include the following information:

27(1) The name and address of the student and the
28student's parent or guardian.

29(2) Where the suspected abuse or injury occurred.

30(3) The age and sex of the student.

1(4) The nature and extent of the suspected abuse or
2injury.

3(5) The name and home address of the school employee
4alleged to have committed the abuse or injury.

5(6) The relationship of the student to the school
6employee alleged to have committed the abuse or injury.

7(7) The source of the report to the county agency.

8(8) The actions taken by the county agency, law
9enforcement officials, parents, guardians, school officials
10or other persons, including the taking of photographs,
11medical tests and X-rays.

12(b) Investigation of reports.--Upon receipt of a report
13under section 6353.1, the county agency shall commence, within
14the time frames established in department regulations, an
15investigation of the nature, extent and cause of any alleged
16abuse or injury enumerated in the report. The county agency
17shall coordinate its investigation to the fullest extent
18possible with law enforcement officials as provided in section
196353.1(b).

20(c) Completion of investigation.--The investigation by the
21county agency to determine whether the report is an indicated
22report for school employee or an unfounded report shall be
23completed within 60 days.

24(d) Notice to subject of a report.--Prior to interviewing a
25subject of the report, the county agency shall orally notify the
26subject of the report of the existence of the report and the
27subject's rights under this chapter in regard to amendment or
28expungement. Within 72 hours following oral notification to the
29subject, the county agency shall give written notice to the
30subject. The notice may be reasonably delayed if notification is

1likely to threaten the safety of the student or the county
2agency worker, to cause the school employee to abscond or to
3significantly interfere with the conduct of a criminal
4investigation.

5(e) Reliance on factual investigation.--The county agency
6may rely on a factual investigation of substantially the same
7allegations by a law enforcement officials to support the
8agency's finding. This reliance shall not relieve the county
9agency of its responsibilities relating to the investigation of
10reports under this subchapter.

11(f) Notice to the department of the county agency's
12determination.--As soon as the county agency has completed its
13investigation, the county agency shall advise the department and
14law enforcement officials of its determination of the report as
15an indicated report for school employee or an unfounded report.
16Supplemental reports shall be made at regular intervals
17thereafter in a manner and form the department prescribes by
18regulation to the end that the department is kept fully informed
19and up-to-date concerning the status of the report.

20§ 6353.3. Information in Statewide central register.

21The Statewide central register established under section 6331
22(relating to establishment of pending complaint file, Statewide
23central register and file of unfounded reports) shall retain
24only the following information relating to reports of abuse or
25injury of a student by a school employee which have been
26determined to be a founded report for school employee or an
27indicated report for school employee:

28(1) The names, Social Security numbers, age and sex of
29the subjects of the report.

30(2) The home address of the subjects of the report.

1(3) The date and the nature and extent of the alleged
2abuse or injury.

3(4) The county and state where the abuse or injury
4occurred.

5(5) Factors contributing to the abuse or injury.

6(6) The source of the report.

7(7) Whether the report is a founded or indicated report.

8(8) Information obtained by the department in relation
9to the school employee's request to release, amend or expunge
10information retained by the department or the county agency.

11(9) The progress of any legal proceedings brought on the
12basis of the report.

13(10) Whether a criminal investigation has been
14undertaken and the result of the investigation and of any
15criminal prosecution.

16§ 6353.4. Other provisions.

17The following provisions shall apply to the release and
18retention of information by the department and the county agency
19concerning reports of abuse or injury committed by a school
20employee as provided by this subchapter:

21Section 6336(b) and (c) (relating to information in Statewide
22central register).

23Section 6337 (relating to disposition of unfounded reports).

24Section 6338(a) and (b) (relating to disposition of founded
25and indicated reports).

26Section 6339 (relating to confidentiality of reports).

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

29Section 6341(a) through (f) (relating to amendment or
30expunction of information).

1Section 6342 (relating to studies of data in records).]

2Section 5. This act shall take effect in 60 days.