1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child protective services, further
3providing for definitions<-, and 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<-; and further providing for services for 
9prevention, investigation and treatment of child abuse.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

<-12Section 1. The definitions of "founded report," "founded
13report for school employee," "general protective services,"
14"indicated report," "indicated report for school employee,"
15"individual residing in the same home as the child," "near
16fatality" and "school employee" in section 6303(a) of Title 23
17of the Pennsylvania Consolidated Statutes are amended and the
18subsection is amended by adding definitions to read:

<-1Section 1. The definitions of "bodily injury," "founded
2report," "general protective services," "indicated report for
3school employee," "individual residing in the same home as the
4child," "near fatality" and "school employee" in section 6303(a)
5of Title 23 of the Pennsylvania Consolidated Statutes, amended
6December 18, 2013 (P.L.1195, No.117), are amended and the
7subsection is amended by adding definitions to read:

8§ 6303. Definitions.

9(a) General rule.--The following words and phrases when used
10in this chapter shall have the meanings given to them in this
11section unless the context clearly indicates otherwise:

12* * *

<-13["Bodily injury." Impairment of physical condition or 
14substantial pain.]

15"Bodily injury." Impairment of physical condition or
16substantial pain.

<-17* * *

18"Disability." The term shall have the same meaning as the
19term is given in section 3 of the Americans with Disabilities
20Act of 1990 (Public Law 101-336, 42 U.S.C. § 12102(2)).

21* * *

22"Founded report." [A child abuse report made pursuant to
23this chapter if there has been any judicial adjudication based
24on a finding that a child who is a subject of the report has
25been abused, including the entry of a plea of guilty or nolo
26contendere or a finding of guilt to a criminal charge involving
27the same factual circumstances involved in the allegation of
28child abuse.] A child abuse report involving a perpetrator that
29is made pursuant to this chapter, if any of the following
30applies:

1(1) There has been a judicial adjudication based on a
2finding that a child who is a subject of the report has been
3abused and the adjudication involves the same factual
4circumstances involved in the allegation of child abuse. The
5judicial adjudication may include any of the following:

6(i) The entry of a plea of guilty or nolo
7contendere.

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

9(iii)  A finding of dependency under 42 Pa.C.S. § 
106341 (relating to adjudication) if the court has entered 
11a finding that a child who is the subject of the report 
12has been abused.

13(iv) A finding of delinquency under 42 Pa.C.S. § 
146341 if the court has entered a finding that the child 
15who is the subject of the report has been abused by the 
16child who was found to be delinquent.

17(2) There has been an acceptance into an accelerated
18rehabilitative disposition program and the reason for the
19acceptance involves the same factual circumstances involved
20in the allegation of child abuse.

21(3) There has been a consent decree entered in a
22juvenile proceeding under 42 Pa.C.S. Ch. 63 (relating to
23juvenile matters), the decree involves the same factual
24circumstances involved in the allegation of child abuse, and 
25the terms and conditions thereof include an acknowledgment, 
26admission or finding that a child who is the subject of the 
27report has been abused by the child who is alleged to be 
28delinquent.

29(4) A final protection from abuse order has been granted
30under section 6108 (relating to relief), when the child who

1is a subject of the report is also one of the individuals
2protected under the protection from abuse order and:

3(i) only one individual is charged with the abuse in
4the protection from abuse action;

5(ii) only that individual defends against the
6charge; and

7(iii) the protection from abuse adjudication finds
8that the abuse occurred and restricts visitation to 
9include supervised custody or prohibits further contact
10between the individual and the child.

11["Founded report for school employee." A report under
12Subchapter C.1 (relating to students in public and private
13schools) if there has been any judicial adjudication based on a
14finding that the victim has suffered serious bodily injury or
15sexual abuse or exploitation, including the entry of a plea of
16guilty or nolo contendere or a finding of guilt to a criminal
17charge involving the same factual circumstances involved in the
18allegations of the report.]

<-19"Founded report." A child abuse report involving a 
20perpetrator that is made pursuant to this chapter, if any of the 
21following applies:

22(1) There has been a judicial adjudication based on a
23finding that a child who is a subject of the report has been
24abused and the adjudication involves the same factual
25circumstances involved in the allegation of child abuse. The
26judicial adjudication may include any of the following:

27(i) The entry of a plea of guilty or nolo
28contendere.

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

30(iii) A finding of dependency under 42 Pa.C.S. §

16341 (relating to adjudication) if the court has entered
2a finding that a child who is the subject of the report
3has been abused.

4(iv) A finding of delinquency under 42 Pa.C.S. §
56341 if the court has entered a finding that the child
6who is the subject of the report has been abused by the
7child who was found to be delinquent.

8(2) There has been an acceptance into an accelerated
9rehabilitative disposition program and the reason for the
10acceptance involves the same factual circumstances involved
11in the allegation of child abuse.

12(3) There has been a consent decree entered in a
13juvenile proceeding under 42 Pa.C.S. Ch. 63 (relating to
14juvenile matters), the decree involves the same factual
15circumstances involved in the allegation of child abuse and
16the terms and conditions of the [allegation] consent decree
17include an acknowledgment, admission or finding that a child
18who is the subject of the report has been abused by the child
19who is alleged to be delinquent.

20(4) A final protection from abuse order has been granted
21under section 6108 (relating to relief), when the child who
22is a subject of the report is one of the individuals
23protected under the protection from abuse order and:

24(i) only one individual is charged with the abuse in
25the protection from abuse action;

26(ii) only that individual defends against the
27charge;

28(iii) the adjudication involves the same factual
29circumstances involved in the allegation of child abuse;
30and

1(iv) the protection from abuse adjudication finds
2that the child abuse occurred.

3* * *

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

<-8"Indicated report." [A child abuse report made pursuant to
9this chapter if an investigation by the county agency or the
10Department of Public Welfare determines that substantial
11evidence of the alleged abuse exists based on any of the
12following:

13(1) Available medical evidence.

14(2) The child protective service investigation.

15(3) An admission of the acts of abuse by the
16perpetrator.]

17(1) Subject to paragraphs (2) and (3), a report of child
18abuse made pursuant to this chapter if an investigation by
19the department or county agency determines that substantial
20evidence of the alleged abuse by a perpetrator exists based
21on any of the following:

22(i) Available medical evidence.

23(ii) The child protective service investigation.

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

26(2) A report may be indicated under paragraph (1)(i) or
27(ii) for any child in need of child protective services,
28regardless of the number of alleged perpetrators or the
29inability to identify the specific perpetrator among two or
30more alleged perpetrators.

1(3) A report may be indicated by a county agency under
2paragraph (1) only upon the approval of the county agency
3administrator, or designee, and a county agency solicitor.

4(4) A report may be indicated by the department under
5paragraph (1) only upon approval of the secretary, or
6designee, and legal counsel for the department.

7["Indicated report for school employee." A report made under
8Subchapter C.1 (relating to students in public and private
9schools) if an investigation by the county agency determines
10that substantial evidence of serious bodily injury or sexual
11abuse or exploitation exists based on any of the following:

12(1) Available medical evidence.

13(2) The county agency's investigation.

14(3) An admission of the acts of abuse by the school
15employee.

16"Individual residing in the same home as the child." An
17individual who is 14 years of age or older and who resides in
18the same home as the child.]

<-19"Independent contractor." An individual who provides a
20program, activity or service to an agency, institution,
21organization or other entity, including a school or regularly
22established religious organization, that is responsible for the
23care, supervision, guidance or control of children. The term
24does not include an individual who has no direct contact with
25children.

26"Mandated reporter." A person who is required by this 
27chapter to make a report of suspected child abuse.

28"Near fatality." [An act that, as certified by a physician,
29places a child in serious or critical condition.] A child's 
30serious or critical condition, as certified by a physician,
 

1where that child is a subject of the report of child abuse.

2* * *

3"School." A facility providing elementary, secondary or
4postsecondary educational services. The term includes the
5following:

6(1) Any school of a school district.

7(2) An area vocational-technical school.

8(3) A joint school.

9(4) An intermediate unit.

10(5) A charter school or regional charter school.

11(6) A cyber charter school.

12(7) A private school licensed under the act of January 
1328, 1988 (P.L.24, No.11), known as the Private Academic 
14Schools Act.

15(8) A private school accredited by an accrediting
16association approved by the State Board of Education.

17(9) A nonpublic school.

18(10) A community college which is an institution now or
19hereafter created pursuant to Article XIX-A of the act of
20March 10, 1949 (P.L.30, No.14), known as the Public School
21Code of 1949, or the former act of August 24, 1963 (P.L.1132,
22No.484), known as the Community College Act of 1963.

23(11) An independent institution of higher education
24which is an institution of higher education which is operated
25not for profit, located in and incorporated or chartered by
26the Commonwealth, entitled to confer degrees as set forth in
2724 Pa.C.S. § 6505 (relating to power to confer degrees) and
28entitled to apply to itself the designation "college" or
29"university" as provided for by standards and qualifications
30prescribed by the State Board of Education pursuant to 24

1Pa.C.S. Ch. 65 (relating to private colleges, universities
2and seminaries).

3(12) A State-owned university.

4(13) A State-related university.

5(14) A private school licensed under the act of December
615, 1986 (P.L.1585, No.174), known as the Private Licensed
7Schools Act.

8(15) Hiram G. Andrews Center.

9(16) A private residential rehabilitative institution as
10defined in section 914.1-A(c) of the Public School Code of
111949.

12"School employee." An individual who is employed by a
13[public or private school, intermediate unit or area vocational-
14technical] school or who provides a program, activity or service 
<-15in sponsored by a school. The term includes an independent
16contractor [and employees]. <-[The term excludes an individual who
17has no direct contact with <-[students] children.]

18* * *

19Section 2. Section <-6311 6311(c) of Title 23 is amended to
20read:

21§ 6311. <-[Persons required to report suspected child abuse.

<-22(a) General rule.--A person who, in the course of
23employment, occupation or practice of a profession, comes into
24contact with children shall report or cause a report to be made
25in accordance with section 6313 (relating to reporting
26procedure) when the person has reasonable cause to suspect, on
27the basis of medical, professional or other training and
28experience, that a child under the care, supervision, guidance
29or training of that person or of an agency, institution,
30organization or other entity with which that person is

1affiliated is a victim of child abuse, including child abuse by
2an individual who is not a perpetrator. Except with respect to
3confidential communications made to a member of the clergy which
4are protected under 42 Pa.C.S. § 5943 (relating to confidential
5communications to clergymen), and except with respect to
6confidential communications made to an attorney which are
7protected by 42 Pa.C.S. § 5916 (relating to confidential
8communications to attorney) or 5928 (relating to confidential
9communications to attorney), the privileged communication
10between any professional person required to report and the
11patient or client of that person shall not apply to situations
12involving child abuse and shall not constitute grounds for
13failure to report as required by this chapter.

14(b) Enumeration of persons required to report.--Persons
15required to report under subsection (a) include, but are not
16limited to, any licensed physician, osteopath, medical examiner,
17coroner, funeral director, dentist, optometrist, chiropractor,
18podiatrist, intern, registered nurse, licensed practical nurse,
19hospital personnel engaged in the admission, examination, care
20or treatment of persons, Christian Science practitioner, member
21of the clergy, school administrator, school teacher, school
22nurse, social services worker, day-care center worker or any
23other child-care or foster-care worker, mental health
24professional, peace officer or law enforcement official.

<-25* * *

26(c) Staff members of institutions, etc.--Whenever a person
27is required to report under subsection (b) in the capacity as a
28member of the staff of a medical or other public or private
29institution, school, facility or agency, that person shall 
<-30report immediately in accordance with section 6313 and shall
 

1immediately <-thereafter notify the person in charge of the
2institution, school, facility or agency or the designated agent
3of the person in charge. Upon notification, the person in charge
4or the designated agent, if any, shall <-[assume the
5responsibility and have the legal obligation to report or cause
6a report to be made in accordance with section 6313.<-] facilitate 
7the cooperation of the institution, school, facility or agency 
8with the investigation of the report. Any intimidation, 
9retaliation or obstruction in the investigation of the report is 
10subject to the provisions of 18 Pa.C.S. § 4958 (relating to 
11intimidation, retaliation or obstruction in child abuse cases).
12This chapter does not require more than one report from any such
13institution, school, facility or agency.

<-14(d) Civil action for discrimination against person filing
15report.--Any person who, under this section, is required to
16report or cause a report of suspected child abuse to be made and
17who, in good faith, makes or causes the report to be made and,
18as a result thereof, is discharged from his employment or in any
19other manner is discriminated against with respect to
20compensation, hire, tenure, terms, conditions or privileges of
21employment, may commence an action in the court of common pleas
22of the county in which the alleged unlawful discharge or
23discrimination occurred for appropriate relief. If the court
24finds that the person is an individual who, under this section,
25is required to report or cause a report of suspected child abuse
26to be made and who, in good faith, made or caused to be made a
27report of suspected child abuse and, as a result thereof, was
28discharged or discriminated against with respect to
29compensation, hire, tenure, terms, conditions or privileges of
30employment, it may issue an order granting appropriate relief,

1including, but not limited to, reinstatement with back pay. The
2department may intervene in any action commenced under this
3subsection.] (Reserved).

<-4* * *

<-5Section 2.1. Title 23 is amended by adding a section to
6read:

7§ 6311.1. Mandated Reporters.

8The following adults shall make a report of suspected child
9abuse if the person has reasonable cause to suspect that a child
10is a victim of child abuse:

11(1)  A person licensed or certified to practice in any
12health-related field under the jurisdiction of the Department
13of State.

14(2) A medical examiner, coroner or funeral director.

15(3)  An employee of a health care facility or provider
16licensed by the Department of Health engaged in the
17admission, examination, care or treatment of individuals.

18(4)  A school administrator, teacher, nurse, guidance
19counselor, coach or other school employee.

20(5)  A child-care services provider.

21(6)  A clergyman, priest, rabbi, minister, Christian
22Science practitioner, religious healer or spiritual leader of
23any regularly established church or other religious
24organization.

25(7)  An individual paid or unpaid, who, on the basis of
26the individual's role as an integral part of a regularly
27scheduled program, activity or service, accepts
28responsibility for a child.

29(8)  A social services worker.

30(9)  A peace officer or law enforcement official.

1(10)  An emergency medical services provider certified by
2the Department of Health.

3(11)  An individual supervised or managed by a person
4listed under paragraph (1), (2), (3), (4), (5), (6), (7),
5(8), (9) or (10), who has direct contact with children in the
6course of employment.

7(12)  An independent contractor.

8Section 2.2. Section 6313 of Title 23 is amended to read:

9§ 6313. Reporting procedure.

10[(a) General rule.--Reports from persons required to report
11under section 6311 (relating to persons required to report
12suspected child abuse) shall be made immediately by telephone
13and in writing within 48 hours after the oral report.

14(b) Oral reports.--Oral reports shall be made to the
15department pursuant to Subchapter C (relating to powers and
16duties of department) and may be made to the appropriate county
17agency. When oral reports of suspected child abuse are initially
18received at the county agency, the protective services staff
19shall, after seeing to the immediate safety of the child and
20other children in the home, immediately notify the department of
21the receipt of the report, which is to be held in the pending
22complaint file as provided in Subchapter C. The initial child
23abuse report summary shall be supplemented with a written report
24when a determination is made as to whether a report of suspected
25child abuse is a founded report, an unfounded report or an
26indicated report.

27(c) Written reports.--Written reports from persons required
28to report under section 6311 shall be made to the appropriate
29county agency in a manner and on forms the department prescribes
30by regulation. The written reports shall include the following

1information if available:

2(1) The names and addresses of the child and the parents
3or other person responsible for the care of the child if
4known.

5(2) Where the suspected abuse occurred.

6(3) The age and sex of the subjects of the report.

7(4) The nature and extent of the suspected child abuse,
8including any evidence of prior abuse to the child or
9siblings of the child.

10(5) The name and relationship of the person or persons
11responsible for causing the suspected abuse, if known, and
12any evidence of prior abuse by that person or persons.

13(6) Family composition.

14(7) The source of the report.

15(8) The person making the report and where that person
16can be reached.

17(9) The actions taken by the reporting source, including
18the taking of photographs and X-rays, removal or keeping of
19the child or notifying the medical examiner or coroner.

20(10) Any other information which the department may
21require by regulation.

22(d) Failure to confirm oral report.--The failure of a person
23reporting cases of suspected child abuse to confirm an oral
24report in writing within 48 hours shall not relieve the county
25agency from any duties prescribed by this chapter. In such
26event, the county agency shall proceed as if a written report
27were actually made.]

28(a) Report by mandated reporter.--

29(1) A mandated reporter shall immediately make an oral 
30report of suspected child abuse to the department via the
 

1Statewide toll-free telephone number under section 6332 
2(relating to establishment of Statewide toll-free telephone 
3number) or a written report using electronic technologies 
4under section 6304 (relating to electronic reporting).

5(2) A mandated reporter making an oral report under 
6paragraph (1) of suspected child abuse shall also make a 
7written report, which may be submitted electronically, within 
848 hours to the department or county agency assigned to the 
9case in a manner and format prescribed by the department.

10(3) The failure of the mandated reporter to file the
11report under paragraph (2) shall not relieve the county
12agency from any duty under this chapter, and the county
13agency shall proceed as though the mandated reporter complied
14with paragraph (2).

15(4) A mandated reporter making a report shall notify 
16immediately thereafter the person in charge of the
17institution, school, facility or agency or the designated
18agent of the person in charge.

19(b) Contents of report.--A written report of suspected child
20abuse, which may be submitted electronically, shall include the
21following information, if known:

22(1) The names and addresses of the child, the child's
23parents and any other person responsible for the child's
24welfare.

25(2) Where the suspected abuse occurred.

26(3) The age and sex of each subject of the report.

27(4) The nature and extent of the suspected child abuse,
28including any evidence of prior abuse to the child or any
29sibling of the child.

30(5) The name and relationship of each individual

1responsible for causing the suspected abuse and any evidence
2of prior abuse by each individual.

3(6) Family composition.

4(7) The source of the report.

5(8) The person making the report and where that person
6can be reached.

7(9) The actions taken by the person making the report,
8including those actions taken under section 6314 (relating to
9photographs, medical tests and X-rays of child subject to
10report), 6315 (relating to taking child into protective
11custody), 6316 (relating to admission to private and public
12hospitals) or 6317 (relating to mandatory reporting and
13postmortem investigation of deaths).

14(10) Any other information required by Federal law or
15regulation.

16(11) Any other information that the department requires
17by regulation.

18Section 3. Subchapter C.1 of Chapter 63 of Title 23 is
19repealed:

20[SUBCHAPTER C.1

21STUDENTS IN PUBLIC AND PRIVATE SCHOOLS

22Sec.

236351. Definitions.

246352. School employees.

256353. Administration.

266353.1. Investigation.

276353.2. Responsibilities of county agency.

286353.3. Information in Statewide central register.

296353.4. Other provisions.

30§ 6351. Definitions.

1The following words and phrases when used in this subchapter
2shall have the meanings given to them in this section unless the
3context clearly indicates otherwise:

4"Administrator." The person responsible for the
5administration of a public or private school, intermediate unit
6or area vocational-technical school. The term includes an
7independent contractor.

8§ 6352. School employees.

9(a) Requirement.--

10(1) Except as provided in paragraph (2), a school
11employee who has reasonable cause to suspect, on the basis of
12professional or other training and experience, that a student
13coming before the school employee in the employee's
14professional or official capacity is a victim of serious
15bodily injury or sexual abuse or sexual exploitation by a
16school employee shall immediately contact the administrator.

17(2) If the school employee accused of seriously injuring
18or sexually abusing or exploiting a student is the
19administrator, the school employee who has reasonable cause
20to suspect, on the basis of professional or other training
21and experience, that a student coming before the school
22employee in the employee's professional or official capacity
23is a victim of serious bodily injury or sexual abuse or
24sexual exploitation shall immediately report to law
25enforcement officials and the district attorney under section
266353(a) (relating to administration). If an administrator is
27the school employee who suspects injury or abuse, the
28administrator shall make a report under section 6353(a).

29(3) The school employee may not reveal the existence or
30content of the report to any other person.

1(b) Immunity.--A school employee who refers a report under
2subsection (a) shall be immune from civil and criminal liability
3arising out of the report.

4(c) Criminal penalty.--

5(1) A school employee who willfully violates subsection
6(a) commits a summary offense.

7(2) A school employee who, after being sentenced under
8paragraph (1), violates subsection (a) commits a misdemeanor
9of the third degree.

10§ 6353. Administration.

11(a) Requirement.--An administrator and a school employee
12governed by section 6352(a)(2) (relating to school employees)
13shall report immediately to law enforcement officials and the
14appropriate district attorney any report of serious bodily
15injury or sexual abuse or sexual exploitation alleged to have
16been committed by a school employee against a student.

17(b) Report.--A report under subsection (a) shall include the
18following information:

19(1) Name, age, address and school of the student.

20(2) Name and address of the student's parent or
21guardian.

22(3) Name and address of the administrator.

23(4) Name, work and home address of the school employee.

24(5) Nature of the alleged offense.

25(6) Any specific comments or observations that are
26directly related to the alleged incident and the individuals
27involved.

28(c) Immunity.--An administrator who makes a report under
29subsection (a) shall be immune from civil or criminal liability
30arising out of the report.

1(d) Criminal penalty.--An administrator who willfully
2violates subsection (a) commits a misdemeanor of the third
3degree.

4§ 6353.1. Investigation.

5(a) General rule.--Upon receipt of a report under section
66353 (relating to administration), an investigation shall be
7conducted by law enforcement officials, in cooperation with the
8district attorney, and a determination made as to what criminal
9charges, if any, will be filed against the school employee.

10(b) Referral to county agency.--

11(1) If local law enforcement officials have reasonable
12cause to suspect on the basis of initial review that there is
13evidence of serious bodily injury, sexual abuse or sexual
14exploitation committed by a school employee against a
15student, local law enforcement officials shall notify the
16county agency in the county where the alleged abuse or injury
17occurred for the purpose of the agency conducting an
18investigation of the alleged abuse or injury.

19(2) To the fullest extent possible, law enforcement
20officials and the county agency shall coordinate their
21respective investigations. In respect to interviews with the
22student, law enforcement officials and the county agency
23shall conduct joint interviews. In respect to interviews with
24the school employee, law enforcement officials shall be given
25an opportunity to interview the school employee prior to the
26employee having any contact with the county agency.

27(3) The county agency and law enforcement officials have
28the authority to arrange for photographs, medical tests or X-
29rays of a student alleged to have been abused or injured by a
30school employee. The county agency and law enforcement

1officials shall coordinate their efforts in this regard and,
2to the fullest extent possible, avoid the duplication of any
3photographs, medical tests or X-rays.

4(4) Law enforcement officials and the county agency
5shall advise each other of the status and findings of their
6respective investigations on an ongoing basis.

7§ 6353.2. Responsibilities of county agency.

8(a) Information for the pending complaint file.--Immediately
9after receiving a report under section 6353.1 (relating to
10investigation), the county agency shall notify the department of
11the receipt of the report, which is to be filed in the pending
12complaint file as provided in section 6331(1) (relating to
13establishment of pending complaint file, Statewide central
14register and file of unfounded reports). The oral report shall
15include the following information:

16(1) The name and address of the student and the
17student's parent or guardian.

18(2) Where the suspected abuse or injury occurred.

19(3) The age and sex of the student.

20(4) The nature and extent of the suspected abuse or
21injury.

22(5) The name and home address of the school employee
23alleged to have committed the abuse or injury.

24(6) The relationship of the student to the school
25employee alleged to have committed the abuse or injury.

26(7) The source of the report to the county agency.

27(8) The actions taken by the county agency, law
28enforcement officials, parents, guardians, school officials
29or other persons, including the taking of photographs,
30medical tests and X-rays.

1(b) Investigation of reports.--Upon receipt of a report
2under section 6353.1, the county agency shall commence, within
3the time frames established in department regulations, an
4investigation of the nature, extent and cause of any alleged
5abuse or injury enumerated in the report. The county agency
6shall coordinate its investigation to the fullest extent
7possible with law enforcement officials as provided in section
86353.1(b).

9(c) Completion of investigation.--The investigation by the
10county agency to determine whether the report is an indicated
11report for school employee or an unfounded report shall be
12completed within 60 days.

13(d) Notice to subject of a report.--Prior to interviewing a
14subject of the report, the county agency shall orally notify the
15subject of the report of the existence of the report and the
16subject's rights under this chapter in regard to amendment or
17expungement. Within 72 hours following oral notification to the
18subject, the county agency shall give written notice to the
19subject. The notice may be reasonably delayed if notification is
20likely to threaten the safety of the student or the county
21agency worker, to cause the school employee to abscond or to
22significantly interfere with the conduct of a criminal
23investigation.

24(e) Reliance on factual investigation.--The county agency
25may rely on a factual investigation of substantially the same
26allegations by a law enforcement officials to support the
27agency's finding. This reliance shall not relieve the county
28agency of its responsibilities relating to the investigation of
29reports under this subchapter.

30(f) Notice to the department of the county agency's

1determination.--As soon as the county agency has completed its
2investigation, the county agency shall advise the department and
3law enforcement officials of its determination of the report as
4an indicated report for school employee or an unfounded report.
5Supplemental reports shall be made at regular intervals
6thereafter in a manner and form the department prescribes by
7regulation to the end that the department is kept fully informed
8and up-to-date concerning the status of the report.

9§ 6353.3. Information in Statewide central register.

10The Statewide central register established under section 6331
11(relating to establishment of pending complaint file, Statewide
12central register and file of unfounded reports) shall retain
13only the following information relating to reports of abuse or
14injury of a student by a school employee which have been
15determined to be a founded report for school employee or an
16indicated report for school employee:

17(1) The names, Social Security numbers, age and sex of
18the subjects of the report.

19(2) The home address of the subjects of the report.

20(3) The date and the nature and extent of the alleged
21abuse or injury.

22(4) The county and state where the abuse or injury
23occurred.

24(5) Factors contributing to the abuse or injury.

25(6) The source of the report.

26(7) Whether the report is a founded or indicated report.

27(8) Information obtained by the department in relation
28to the school employee's request to release, amend or expunge
29information retained by the department or the county agency.

30(9) The progress of any legal proceedings brought on the

1basis of the report.

2(10) Whether a criminal investigation has been
3undertaken and the result of the investigation and of any
4criminal prosecution.

5§ 6353.4. Other provisions.

6The following provisions shall apply to the release and
7retention of information by the department and the county agency
8concerning reports of abuse or injury committed by a school
9employee as provided by this subchapter:

10Section 6336(b) and (c) (relating to information in Statewide
11central register).

12Section 6337 (relating to disposition of unfounded reports).

13Section 6338(a) and (b) (relating to disposition of founded
14and indicated reports).

15Section 6339 (relating to confidentiality of reports).

16Section 6340 (relating to release of information in
17confidential reports).

18Section 6341(a) through (f) (relating to amendment or
19expunction of information).

20Section 6342 (relating to studies of data in records).]

<-21Section 3. Subchapter C.1 heading of Chapter 63 of Title 23 
22is repealed:

23[SUBCHAPTER C.1

24STUDENTS IN PUBLIC AND PRIVATE SCHOOLS]

25Section 4. Sections 6351, 6352, 6353 and 6353.1 of Title 23
26are repealed:

27[§ 6351. Definitions.

28The following words and phrases when used in this subchapter
29shall have the meanings given to them in this section unless the
30context clearly indicates otherwise:

1"Administrator." The person responsible for the
2administration of a public or private school, intermediate unit
3or area vocational-technical school. The term includes an
4independent contractor.

5§ 6352. School employees.

6(a) Requirement.--

7(1) Except as provided in paragraph (2), a school
8employee who has reasonable cause to suspect, on the basis of
9professional or other training and experience, that a student
10coming before the school employee in the employee's
11professional or official capacity is a victim of serious
12bodily injury or sexual abuse or sexual exploitation by a
13school employee shall immediately contact the administrator.

14(2) If the school employee accused of seriously injuring
15or sexually abusing or exploiting a student is the
16administrator, the school employee who has reasonable cause
17to suspect, on the basis of professional or other training
18and experience, that a student coming before the school
19employee in the employee's professional or official capacity
20is a victim of serious bodily injury or sexual abuse or
21sexual exploitation shall immediately report to law
22enforcement officials and the district attorney under section
236353(a) (relating to administration). If an administrator is
24the school employee who suspects injury or abuse, the
25administrator shall make a report under section 6353(a).

26(3) The school employee may not reveal the existence or
27content of the report to any other person.

28(b) Immunity.--A school employee who refers a report under
29subsection (a) shall be immune from civil and criminal liability
30arising out of the report.

1(c) Criminal penalty.--

2(1) A school employee who willfully violates subsection
3(a) commits a summary offense.

4(2) A school employee who, after being sentenced under
5paragraph (1), violates subsection (a) commits a misdemeanor
6of the third degree.

7§ 6353. Administration.

8(a) Requirement.--An administrator and a school employee
9governed by section 6352(a)(2) (relating to school employees)
10shall report immediately to law enforcement officials and the
11appropriate district attorney any report of serious bodily
12injury or sexual abuse or sexual exploitation alleged to have
13been committed by a school employee against a student.

14(b) Report.--A report under subsection (a) shall include the
15following information:

16(1) Name, age, address and school of the student.

17(2) Name and address of the student's parent or
18guardian.

19(3) Name and address of the administrator.

20(4) Name, work and home address of the school employee.

21(5) Nature of the alleged offense.

22(6) Any specific comments or observations that are
23directly related to the alleged incident and the individuals
24involved.

25(c) Immunity.--An administrator who makes a report under
26subsection (a) shall be immune from civil or criminal liability
27arising out of the report.

28(d) Criminal penalty.--An administrator who willfully
29violates subsection (a) commits a misdemeanor of the third
30degree.

1§ 6353.1. Investigation.

2(a) General rule.--Upon receipt of a report under section
36353 (relating to administration), an investigation shall be
4conducted by law enforcement officials, in cooperation with the
5district attorney, and a determination made as to what criminal
6charges, if any, will be filed against the school employee.

7(b) Referral to county agency.--

8(1) If local law enforcement officials have reasonable
9cause to suspect on the basis of initial review that there is
10evidence of serious bodily injury, sexual abuse or sexual
11exploitation committed by a school employee against a
12student, local law enforcement officials shall notify the
13county agency in the county where the alleged abuse or injury
14occurred for the purpose of the agency conducting an
15investigation of the alleged abuse or injury.

16(2) To the fullest extent possible, law enforcement
17officials and the county agency shall coordinate their
18respective investigations. In respect to interviews with the
19student, law enforcement officials and the county agency
20shall conduct joint interviews. In respect to interviews with
21the school employee, law enforcement officials shall be given
22an opportunity to interview the school employee prior to the
23employee having any contact with the county agency.

24(3) The county agency and law enforcement officials have
25the authority to arrange for photographs, medical tests or X-
26rays of a student alleged to have been abused or injured by a
27school employee. The county agency and law enforcement
28officials shall coordinate their efforts in this regard and,
29to the fullest extent possible, avoid the duplication of any
30photographs, medical tests or X-rays.

1(4) Law enforcement officials and the county agency
2shall advise each other of the status and findings of their
3respective investigations on an ongoing basis.]

4Section 5. Sections 6353.2 and 6353.3 of Title 23, amended
5December 18, 2013 (P.L.1201, No.119), are repealed:

6[§ 6353.2. Responsibilities of county agency.

7(a) Information for the pending complaint file.--Immediately
8after receiving a report under section 6353.1 (relating to
9investigation), the county agency shall notify the department of
10the receipt of the report, which is to be filed in the pending
11complaint file as provided in section 6331(1) (relating to
12establishment of pending complaint file, Statewide central
13register and file of unfounded reports). The oral report shall
14include the following information:

15(1) The name and address of the student and the
16student's parent or guardian.

17(2) Where the suspected abuse or injury occurred.

18(3) The age and sex of the student.

19(4) The nature and extent of the suspected abuse or
20injury.

21(5) The name and home address of the school employee
22alleged to have committed the abuse or injury.

23(6) The relationship of the student to the school
24employee alleged to have committed the abuse or injury.

25(7) The source of the report to the county agency.

26(8) The actions taken by the county agency, law
27enforcement officials, parents, guardians, school officials
28or other persons, including the taking of photographs,
29medical tests and X-rays.

30(b) Investigation of reports.--Upon receipt of a report

1under section 6353.1, the county agency shall commence, within
2the time frames established in department regulations, an
3investigation of the nature, extent and cause of any alleged
4abuse or injury enumerated in the report. The county agency
5shall coordinate its investigation to the fullest extent
6possible with law enforcement officials as provided in section
76353.1(b).

8(c) Completion of investigation.--The investigation by the
9county agency to determine whether the report is an indicated
10report for school employee or an unfounded report shall be
11completed within 60 days.

12(d) Notice to subject of a report.--Prior to interviewing a
13subject of the report, the county agency shall orally notify the
14subject of the report of the existence of the report and the
15subject's rights under this chapter in regard to amendment or
16expungement. Within 72 hours following oral notification to the
17subject, the county agency shall give written notice to the
18subject. The notice may be reasonably delayed if notification is
19likely to threaten the safety of the student or the county
20agency worker, to cause the school employee to abscond or to
21significantly interfere with the conduct of a criminal
22investigation.

23(e) Reliance on factual investigation.--The county agency
24may rely on a factual investigation of substantially the same
25allegations by a law enforcement officials to support the
26agency's finding. This reliance shall not relieve the county
27agency of its responsibilities relating to the investigation of
28reports under this subchapter.

29(f) Notice to the department of the county agency's
30determination.--As soon as the county agency has completed its

1investigation, the county agency shall advise the department and
2law enforcement officials of its determination of the report as
3an indicated report for school employee or an unfounded report.
4Supplemental reports shall be made at regular intervals
5thereafter in a manner and form the department prescribes by
6regulation to the end that the department is kept fully informed
7and up-to-date concerning the status of the report.

8§ 6353.3. Information in Statewide central register.

9The Statewide central register established under section 6331
10(relating to establishment of pending complaint file, Statewide
11central register and file of unfounded reports) shall retain
12only the following information relating to reports of abuse or
13injury of a student by a school employee which have been
14determined to be a founded report for school employee or an
15indicated report for school employee:

16(1) The names, Social Security numbers, age and sex of
17the subjects of the report.

18(2) The home address of the subjects of the report.

19(3) The date and the nature and extent of the alleged
20abuse or injury.

21(4) The county and state where the abuse or injury
22occurred.

23(5) Factors contributing to the abuse or injury.

24(6) The source of the report.

25(7) Whether the report is a founded or indicated report.

26(8) Information obtained by the department in relation
27to the school employee's request to release, amend or expunge
28information retained by the department or the county agency.

29(9) The progress of any legal proceedings brought on the
30basis of the report.

1(10) Whether a criminal investigation has been
2undertaken and the result of the investigation and of any
3criminal prosecution.]

4Section 6. Section 6353.4 of Title 23 is repealed:

5[§ 6353.4. Other provisions.

6The following provisions shall apply to the release and
7retention of information by the department and the county agency
8concerning reports of abuse or injury committed by a school
9employee as provided by this subchapter:

10Section 6336(b) and (c) (relating to information in Statewide
11central register).

12Section 6337 (relating to disposition of unfounded reports).

13Section 6338(a) and (b) (relating to disposition of founded
14and indicated reports).

15Section 6339 (relating to confidentiality of reports).

16Section 6340 (relating to release of information in
17confidential reports).

18Section 6341(a) through (f) (relating to amendment or
19expunction of information).

20Section 6342 (relating to studies of data in records).]

21Section 7. Section 6365 of Title 23 is amended by adding a
22subsection to read:

23§ 6365. Services for prevention, investigation and treatment of
24child abuse.

25* * *

26(d.1) Release by county agency.--Prior to completing its
27child fatality or near fatality report, the investigating county
28agency may release the following information to the public
29concerning a child who died or nearly died as a result of
30suspected or substantiated child abuse:

1(1) The identity of the child.

2(2) If the child was in the custody of a public or
3private agency, the identity of the agency.

4(3) The identity of the public or private agency under
5contract with a county agency to provide services to the
6child and the child's family in the child's home prior to the
7child's death or near fatality.

8(4) A description of services provided under paragraph
9(3).

10* * *

11Section 4 8. This act shall take effect <-January 1, 2014 
<-12December 31, 2014.