HOUSE AMENDED
PRIOR PRINTER'S NOS. 1411, 1425, 1475 | PRINTER'S NO. 1588 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. | 1116 | Session of 2013 |
INTRODUCED BY WASHINGTON AND MENSCH, SEPTEMBER 30, 2013
AS REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF REPRESENTATIVES, AS AMENDED, NOVEMBER 19, 2013
AN ACT
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(b) and (c) and 6368 of Title 23 of
8the Pennsylvania Consolidated Statutes are amended to read:
9§ 6365. Services for prevention, investigation and treatment of
10child abuse.
11* * *
12(b) Multidisciplinary review team.--The county agency shall
13make available among its services a multidisciplinary review
14team for the prevention, investigation and treatment of child
15abuse and shall convene the multidisciplinary review team at any
16time, but not less than annually:
17(1) To review substantiated cases of child abuse,
18including responses by the county agency and other agencies
1providing services to the child.
2(2) Where appropriate to assist in the development of a
3family service plan for the child.
4(c) [Investigative] Multidisciplinary investigative team.--A
5multidisciplinary investigative team shall be used to coordinate
6child-abuse investigations between county agencies and law
7enforcement. The county agency and the district attorney shall
8develop a protocol for the convening of multidisciplinary
9investigative teams for any case of child abuse by a perpetrator
10involving crimes against children which are set forth in section
116340(a)(9) and (10) (relating to release of information in
12confidential reports). The county multidisciplinary
13investigative team protocol shall include standards and
14procedures to be used in receiving and referring reports and
15coordinating investigations of reported cases of child abuse and
16a system for sharing the information obtained as a result of any
17interview. The protocol shall include any other standards and
18procedures to avoid duplication of fact-finding efforts and
19interviews to minimize the trauma to the child. The district
20attorney shall convene [an] the multidisciplinary investigative
21team in accordance with the protocol. The multidisciplinary
22investigative team shall consist of those individuals and
23agencies responsible for investigating the abuse or for
24providing services to the child and shall at a minimum include a
25health care provider, county caseworker and law enforcement
26official.
27* * *
28§ 6368. Investigation of reports.
29[(a) General rule.--Upon receipt of each report of suspected
30child abuse, the county agency shall immediately commence an
1appropriate investigation and see the child immediately if
2emergency protective custody is required or has been or shall be
3taken or if it cannot be determined from the report whether
4emergency protective custody is needed. Otherwise, the county
5agency shall commence an appropriate investigation and see the
6child within 24 hours of receipt of the report. The
7investigation shall include a determination of the risk of harm
8to the child or children if they continue to remain in the
9existing home environment, as well as a determination of the
10nature, extent and cause of any condition enumerated in the
11report, any action necessary to provide for the safety of the
12child or children and the taking of photographic identification
13of the child or children to be maintained with the file. During
14the investigation, the county agency shall provide or arrange
15for services necessary to protect the child while the agency is
16making a determination pursuant to this section. If the
17investigation indicates serious physical injury, a medical
18examination shall be performed on the subject child by a
19certified medical practitioner. Where there is reasonable cause
20to suspect there is a history of prior or current abuse, the
21medical practitioner has the authority to arrange for further
22medical tests or the county agency has the authority to request
23further medical tests. The investigation shall include
24communication with the department's service under section 6332
25(relating to establishment of Statewide toll-free telephone
26number). Prior to interviewing a subject of the report, the
27county agency shall orally notify the subject who is about to be
28interviewed of the existence of the report, the subject's rights
29under 42 Pa.C.S. §§ 6337 (relating to right to counsel) and 6338
30(relating to other basic rights) and the subject's rights
1pursuant to this chapter in regard to amendment or expungement.
2Within 72 hours following oral notification to the subject, the
3county agency shall give written notice to the subject. The
4notice may be reasonably delayed if notification is likely to
5threaten the safety of the victim, a nonperpetrator subject or
6the investigating county agency worker, to cause the perpetrator
7to abscond or to significantly interfere with the conduct of a
8criminal investigation. However, the written notice must be
9provided to all subjects prior to the county agency's reaching a
10finding on the validity of the report.
11(a.1) Investigation of report concerning child-care service
12personnel.--Upon notification that an investigation involves
13suspected child abuse perpetrated by child-care service
14personnel, including a child-care service employee, service
15provider or administrator, the respective child-care service
16must immediately implement a plan of supervision or alternative
17arrangement subject to the county agency's approval for the
18individual under investigation to ensure the safety of the child
19and other children who are in the care of the child-care
20service. Such plan of supervision or alternative arrangement
21shall be kept on file with the county agency until such time
22that the investigation is completed.
23(b) Conditions outside home environment.--The investigation
24shall determine whether the child is being harmed by factors
25beyond the control of the parent or other person responsible for
26the welfare of the child, and, if so determined, the county
27agency shall promptly take all available steps to remedy and
28correct these conditions, including, but not limited to, the
29coordination of social services for the child and the family, or
30referral of the family to appropriate agencies for the provision
1of services.
2(c) Completion of investigations.--The investigation by the
3county agency to determine whether the report is "founded,"
4"indicated" or "unfounded" and whether to accept the family for
5service shall be completed within 60 days in all cases. If, due
6to the particular circumstances of the case, the county agency
7cannot complete the investigation within 30 days, the particular
8reasons for the delay shall be described in the child protective
9service record and available to the department for purposes of
10determining whether the county agency has strictly followed the
11provisions of this chapter and whether the county agency is
12subject to action as authorized by section 6343 (relating to
13investigating performance of county agency). Where a petition
14has been filed under 42 Pa.C.S. Ch. 63 (relating to juvenile
15matters) alleging that the child is a dependent child, the
16county agency shall make all reasonable efforts to complete the
17investigation to enable the hearing on the petition to be held
18as required by 42 Pa.C.S. § 6335 (relating to release or holding
19of hearing).
20(d) Referral for investigation.--If the complaint of
21suspected abuse is determined to be one which cannot be
22investigated under this chapter because the person accused of
23the abuse is not a perpetrator within the meaning of section
246303 (relating to definitions) but does suggest the need for
25investigation, the county agency shall immediately transmit the
26information to the appropriate authorities, including the
27district attorney, the district attorney's designee or other law
28enforcement official, in accordance with the county protocols
29for investigative teams required by section 6365(c) (relating to
30services for prevention, investigation and treatment of child
1abuse).]
2(a) Response to direct reports.--Upon receipt of a report of
3suspected child abuse by a perpetrator from an individual, the
4county agency shall ensure the safety of the child <-and any other
5child in the child's home and immediately contact the department
6in accordance with the provisions of section <-6323 <-6334 (relating
7to disposition of <-initial reports <-complaints received).
8(b) Response to reports referred to county agency by
9department.--Upon receipt of a report of suspected child abuse
10from the department, the county agency shall immediately
11commence an investigation and see the child within the following
12time frames:
13(1) Immediately, if:
14(i) emergency protective custody is required, has
15been or will be taken; or
16(ii) it cannot be determined from the report whether
17emergency protective custody is needed.
18(2) Within 24 hours of receipt of the report in all
19other cases.
20(c) Investigation.--An investigation under this section
21shall include the following:
22(1) A determination of the safety of, or risk of harm
23to, the child or any other child if each child continues to
24remain in the existing home environment.
25(2) A determination of the nature, extent and cause of
26any condition listed in the report.
27(3) Any action necessary to provide for the safety of
28the child or any other child in the child's household.
29(4) The taking of photographic identification of the
30child or any other child in the child's household, which
1shall be maintained in the case file.
2(5) Communication with the department's service under
3section 6332 (relating to establishment of Statewide toll-
4free telephone number).
5(d) Investigative actions.--During the investigation, all of
6the following shall apply:
7(1) The county agency shall provide or arrange for
8services necessary to protect the child while the agency is
9making a determination under this section.
10(2) <-The <-If the investigation indicates bodily injury,
11the county agency may require that a medical examination by a
12certified medical practitioner be performed on the child <-or
13any other child in the child's household when deemed
14necessary because of information discovered during the course
15of the investigation.
16(3) Where there is reasonable cause to suspect that
17there is a history of prior or current abuse <-or neglect,
18further medical tests may be arranged by the certified
19medical practitioner or requested by the county agency.,<- the
20medical practitioner has the authority to arrange for further
21medical tests or the county agency has the authority to
22request further medical tests.
23(4) The investigation shall include interviews with all
24subjects of the report, including the alleged perpetrator. If
25a subject of the report is not able to be interviewed or
26cannot be located, the county agency shall document its
27reasonable efforts to interview the subject and the reasons
28for its inability to interview the subject. The interview may
29be reasonably delayed if notice of the investigation has been
30delayed pursuant to subsection (i).
1(e) Investigation concerning a school or child-care service
2employee.--
3(1) Upon notification that an investigation involves
4suspected child abuse by a school or child-care service
5employee, including, but not limited to, a service provider,
6independent contractor or administrator, the school or child-
7care service shall immediately implement a plan of
8supervision or alternative arrangement for the individual
9under investigation to ensure the safety of the child and
10other children who are in the care of the school or child-
11care service.
12(2) The plan of supervision or alternative arrangement
13shall be approved by the county agency and kept on file with
14the agency until the investigation is completed.
15(f) Referral for investigation.--If the complaint of
16suspected abuse is determined to be one that cannot be
17investigated under this chapter because the person accused of
18the abuse is not a perpetrator within the meaning of section
196303 (relating to definitions), but does suggest the need for
20investigation, the county agency shall immediately transmit the
21information to the appropriate law enforcement officials in
22accordance with the county protocols for multidisciplinary
23investigative teams required under section 6365(c) (relating to
24services for prevention, investigation and treatment of child
25abuse).
26(g) Need for social services.--If the investigation
27determines that the child is being harmed by factors beyond the
28control of the parent or other person responsible for the
29child's welfare, the county agency shall promptly take all steps
30available to remedy and correct these conditions, including the
1coordination of social services for the child and the family or
2referral of the family to appropriate agencies for the provision
3of services.
4(h) Notice of investigation.--
5(1) Prior to interviewing a subject of a report, the
6county agency shall orally notify the subject<-, except for the
7alleged victim, who is about to be interviewed of the
8following information:
9(i) The existence of the report.
10(ii) The subject's rights under 42 Pa.C.S. §§ 6337
11(relating to right to counsel) and 6338 (relating to
12other basic rights).
13(iii) The subject's rights pursuant to this chapter
14in regard to amendment or expungement.
<-15(iv) The subject's right to have an attorney present
16during the interview.
17(2) Written notice shall be given to the subject within
1872 hours following oral notification, unless delayed as
19provided in subsection (i).
20(i) Delay of notification.--The notice under subsection (h)
21(2) may be reasonably delayed, subject to the following:
22(1) If the notification is likely to:
23(i) threaten the safety of a victim, a subject of
24the report who is not a perpetrator or the investigating
25county agency worker;
26(ii) cause the perpetrator to abscond; or
27(iii) significantly interfere with the conduct of a
28criminal investigation.
29(2) The written notice shall be provided to all subjects
30of the report prior to the county agency reaching a finding
1on the validity of the report.
2(j) Completion of investigation.--Investigations shall be
3completed in accordance with the following:
4(1) Investigations to determine whether to accept the
5family for service and whether a report is founded, indicated
6or unfounded shall be completed within 60 days in all cases.
7(2) If, due to the particular circumstances of the case,
8the county agency cannot complete the investigation within 30
9days, the particular reasons for the delay shall be described
10in the child protective service record and made available to
11the department for purposes of determining whether either of
12the following occurred:
13(i) The county agency strictly followed the
14provisions of this chapter.
15(ii) The county agency is subject to action as
16authorized under section 6343 (relating to investigating
17performance of county agency).
18(3) Where a petition has been filed under 42 Pa.C.S. Ch.
1963 (relating to juvenile matters) alleging that a child is a
20dependent child, the county agency shall make all reasonable
21efforts to complete the investigation to enable the hearing
22on the petition to be held as required by 42 Pa.C.S. § 6335
23(relating to release or holding of hearing).
24Section 2. This act shall take effect in 90 days.