1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child protective services, further
3providing for services for prevention, investigation and
4treatment of child abuse and for investigation of reports.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Sections 6365(a), (b) and (c) and 6368 of Title
823 of the Pennsylvania Consolidated Statutes are amended to
9read:

10§ 6365. Services for prevention, investigation and treatment of
11child abuse.

12(a) Instruction and education.--Each county agency shall
13make available, among its services for the prevention and
14treatment of child abuse by a perpetrator, instruction and
15education for parenthood and parenting skills, protective and
16preventive social counseling, outreach and counseling services
17to prevent newborn abandonment, emergency caretaker services,
18emergency shelter care, emergency medical services and the
19establishment of self-help groups organized for the prevention

1and treatment of child abuse, part-day services, out-of-home
2placement services, therapeutic activities for child and family
3directed at alleviating conditions that present a risk to the
4safety and well-being of a child and any other services required
5by department regulations.

6(b) Multidisciplinary review team.--The county agency shall
7make available among its services a multidisciplinary review
8team for the prevention, investigation and treatment of child
9abuse and shall convene the multidisciplinary review team at any
10time, but not less than annually:

11(1) To review substantiated cases of child abuse,
12including responses by the county agency and other agencies
13providing services to the child.

14(2) Where appropriate to assist in the development of a
15family service plan for the child.

16(c) [Investigative] Multidisciplinary investigative team.--A 
17multidisciplinary investigative team shall be used to coordinate 
18child-abuse investigations between county agencies and law 
19enforcement. The county agency and the district attorney shall
20develop a protocol for the convening of multidisciplinary
21investigative teams for any case of child abuse involving crimes
22against children which are set forth in section 6340(a)(9) and
23(10) (relating to release of information in confidential
24reports). The county agency protocol shall include standards and
25procedures to be used in receiving and referring reports and
26coordinating investigations of reported cases of child abuse and
27a system for sharing the information obtained as a result of any
28interview. The protocol shall include any other standards and
29procedures to avoid duplication of fact-finding efforts and
30interviews to minimize the trauma to the child. The district

1attorney shall convene [an] the multidisciplinary investigative
2team in accordance with the protocol. The multidisciplinary
3investigative team shall consist of those individuals and
4agencies responsible for investigating the abuse or for
5providing services to the child and shall at a minimum include a
6health care provider, county caseworker and law enforcement
7official.

8* * *

9§ 6368. Investigation of reports.

10[(a) General rule.--Upon receipt of each report of suspected 
11child abuse, the county agency shall immediately commence an 
12appropriate investigation and see the child immediately if 
13emergency protective custody is required or has been or shall be 
14taken or if it cannot be determined from the report whether 
15emergency protective custody is needed. Otherwise, the county 
16agency shall commence an appropriate investigation and see the 
17child within 24 hours of receipt of the report. The 
18investigation shall include a determination of the risk of harm 
19to the child or children if they continue to remain in the 
20existing home environment, as well as a determination of the 
21nature, extent and cause of any condition enumerated in the 
22report, any action necessary to provide for the safety of the 
23child or children and the taking of photographic identification 
24of the child or children to be maintained with the file. During 
25the investigation, the county agency shall provide or arrange 
26for services necessary to protect the child while the agency is 
27making a determination pursuant to this section. If the 
28investigation indicates serious physical injury, a medical 
29examination shall be performed on the subject child by a 
30certified medical practitioner. Where there is reasonable cause
 

1to suspect there is a history of prior or current abuse, the 
2medical practitioner has the authority to arrange for further 
3medical tests or the county agency has the authority to request 
4further medical tests. The investigation shall include 
5communication with the department's service under section 6332 
6(relating to establishment of Statewide toll-free telephone 
7number). Prior to interviewing a subject of the report, the 
8county agency shall orally notify the subject who is about to be 
9interviewed of the existence of the report, the subject's rights 
10under 42 Pa.C.S. §§ 6337 (relating to right to counsel) and 6338 
11(relating to other basic rights) and the subject's rights 
12pursuant to this chapter in regard to amendment or expungement. 
13Within 72 hours following oral notification to the subject, the 
14county agency shall give written notice to the subject. The 
15notice may be reasonably delayed if notification is likely to 
16threaten the safety of the victim, a nonperpetrator subject or 
17the investigating county agency worker, to cause the perpetrator 
18to abscond or to significantly interfere with the conduct of a 
19criminal investigation. However, the written notice must be 
20provided to all subjects prior to the county agency's reaching a 
21finding on the validity of the report.

22(a.1) Investigation of report concerning child-care service
23personnel.--Upon notification that an investigation involves
24suspected child abuse perpetrated by child-care service
25personnel, including a child-care service employee, service
26provider or administrator, the respective child-care service
27must immediately implement a plan of supervision or alternative
28arrangement subject to the county agency's approval for the
29individual under investigation to ensure the safety of the child
30and other children who are in the care of the child-care

1service. Such plan of supervision or alternative arrangement
2shall be kept on file with the county agency until such time
3that the investigation is completed.

4(b) Conditions outside home environment.--The investigation
5shall determine whether the child is being harmed by factors
6beyond the control of the parent or other person responsible for
7the welfare of the child, and, if so determined, the county
8agency shall promptly take all available steps to remedy and
9correct these conditions, including, but not limited to, the
10coordination of social services for the child and the family, or
11referral of the family to appropriate agencies for the provision
12of services.

13(c) Completion of investigations.--The investigation by the 
14county agency to determine whether the report is "founded," 
15"indicated" or "unfounded" and whether to accept the family for 
16service shall be completed within 60 days in all cases. If, due 
17to the particular circumstances of the case, the county agency 
18cannot complete the investigation within 30 days, the particular 
19reasons for the delay shall be described in the child protective 
20service record and available to the department for purposes of 
21determining whether the county agency has strictly followed the 
22provisions of this chapter and whether the county agency is 
23subject to action as authorized by section 6343 (relating to 
24investigating performance of county agency). Where a petition 
25has been filed under 42 Pa.C.S. Ch. 63 (relating to juvenile 
26matters) alleging that the child is a dependent child, the 
27county agency shall make all reasonable efforts to complete the 
28investigation to enable the hearing on the petition to be held 
29as required by 42 Pa.C.S. § 6335 (relating to release or holding 
30of hearing).

1(d) Referral for investigation.--If the complaint of
2suspected abuse is determined to be one which cannot be
3investigated under this chapter because the person accused of
4the abuse is not a perpetrator within the meaning of section
56303 (relating to definitions) but does suggest the need for
6investigation, the county agency shall immediately transmit the
7information to the appropriate authorities, including the
8district attorney, the district attorney's designee or other law
9enforcement official, in accordance with the county protocols
10for investigative teams required by section 6365(c) (relating to
11services for prevention, investigation and treatment of child
12abuse).]

13(a) Response to direct reports.--Upon receipt of a report of
14suspected child abuse by a perpetrator from an individual, the
15county agency shall ensure the safety of the child and
16immediately contact the department in accordance with the
17provisions of section 6323 (relating to disposition of initial
18reports).

19(b) Response to reports referred to county agency by
20department.--Upon receipt of a report of suspected child abuse
21from the department, the county agency shall immediately
22commence an investigation and see the child within the following
23time frames:

24(1) Immediately, if:

25(i) emergency protective custody is required, has
26been or will be taken; or

27(ii) it cannot be determined from the report whether
28emergency protective custody is needed.

29(2) Within 24 hours of receipt of the report in all
30other cases.

1(c) Investigation.--An investigation under this section
2shall include the following:

3(1) A determination of the safety of, or risk of harm
4to, the child or any other child if each child continues to
5remain in the existing home environment.

6(2) A determination of the nature, extent and cause of
7any condition listed in the report.

8(3) Any action necessary to provide for the safety of
9the child or any other child in the child's household.

10(4) The taking of photographic identification of the
11child or any other child in the child's household, which
12shall be maintained in the case file.

13(5) Communication with the department's service under
14section 6322 (relating to access to reports).

15(d) Investigative actions.--During the investigation, all of
16the following shall apply:

17(1) The county agency shall provide or arrange for
18services necessary to protect the child while the agency is
19making a determination under this section.

20(2) The county agency may require that a medical
21examination by a certified medical practitioner be performed
22on the child or any other child in the child's household when
23deemed necessary because of information discovered during the
24course of the investigation.

25(3) Where there is reasonable cause to suspect that
26there is a history of prior or current abuse or neglect,
27further medical tests may be arranged by the certified
28medical practitioner or requested by the county agency.

29(e) Investigation concerning child-care personnel.--

30(1) Upon notification that an investigation involves

1suspected child abuse by child-care service personnel,
2including a child-care service employee, service provider or
3administrator, the child-care service shall immediately
4implement a plan <-or of supervision or alternative arrangement
5for the individual under investigation to ensure the safety
6of the child and other children who are in the care of the
7child-care service.

8(2) The plan of supervision or alternative arrangement
9shall be approved by the county agency and kept on file with
10the agency until the investigation is completed.

11(f) Referral for investigation.--If the complaint of
12suspected abuse is determined to be one that cannot be
13investigated under this chapter because the person accused of
14the abuse is not a perpetrator within the meaning of section
156303 (relating to definitions), but does suggest the need for
16investigation, the county agency shall immediately transmit the
17information to the appropriate law enforcement officials in
18accordance with the county protocols for multidisciplinary
19investigative teams required under section 6365(c) (relating to
20services for prevention, investigation and treatment of child
21abuse).

22(g) Need for social services.--If the investigation
23determines that the child is being harmed by factors beyond the
24control of the parent or other person responsible for the
25child's welfare, the county agency shall promptly take all steps
26available to remedy and correct these conditions, including the
27coordination of social services for the child and the family or
28referral of the family to appropriate agencies for the provision
29of services.

30(h) Notice of investigation.--

1(1) Prior to interviewing a subject of a report, the
2county agency shall orally notify the subject who is about to
3be interviewed of the following information:

4(i) The existence of the report.

5(ii) The subject's rights under 42 Pa.C.S. §§ 6337
6(relating to right to counsel) and 6338 (relating to
7other basic rights).

8(iii) The subject's rights <-under section 6341.2(f),
9(g) and (i) (relating to disposition of reports upon
10completion of assessment or investigation) <-pursuant to
11this chapter in regard to amendment or expungement.

12(2) Written notice shall be given to the subject within
1372 hours following oral notification, unless delayed as
14provided in subsection (i).

15(i) Delay of notification.--The notice under subsection (h)
16may be reasonably delayed, subject to the following:

17(1) If the notification is likely to:

18(i) threaten the safety of a victim, a subject of
19the report who is not a perpetrator or the <-investigation
20social <-investigating county agency worker;

21(ii) cause the perpetrator to abscond; or

22(iii) significantly interfere with the conduct of a
23criminal investigation.

24(2) The written notice shall be provided to all subjects
25of the report prior to the county agency reaching a finding
26on the validity of the report.

27(j) Completion of investigation.--Investigations shall be
28completed in accordance with the following:

29(1) Investigations to determine whether to accept the
30family for service and whether a report is founded, indicated

1or unfounded shall be completed within 60 days in all cases.

2(2) If, due to the particular circumstances of the case,
3the county agency cannot complete the investigation within 30
4days, the particular reasons for the delay shall be described
5in the child protective service record and made available to
6the department for purposes of determining whether either of
7the following occurred:

8(i) The county agency strictly followed the
9provisions of this chapter.

10(ii) The county agency is subject to action as
11authorized under section 6343 (relating to investigating
12performance of county agency).

13(3) Where a petition has been filed under 42 Pa.C.S. Ch.
1463 (relating to juvenile matters) alleging that a child is a
15dependent child, the county agency shall make all reasonable
16efforts to complete the investigation to enable the hearing
17on the petition to be held as required by 42 Pa.C.S. § 6335
18(relating to release or holding of hearing).

19Section 2. This act shall take effect January 1, 2014.