Regular Session 2015-2016 House Bill 1276 P.N. 1849

CORRECTIVE REPRINT

PRIOR PRINTER'S NOS. 1686, 1831

PRINTER'S NO. 1849

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1276

Session of

2015

INTRODUCED BY WATSON, MOUL, HARHART, PICKETT, PETRI, BAKER,

BISHOP, R. BROWN, BROWNLEE, CAUSER, DEAN, DiGIROLAMO, FARRY,

FEE, GIBBONS, GODSHALL, A. HARRIS, PHILLIPS-HILL, IRVIN,

JAMES, KAUFFMAN, M. K. KELLER, KILLION, LONGIETTI, MALONEY,

MILLARD, MURT, O'NEILL, QUINN, ROZZI, SAYLOR, STAATS, TOPPER,

TRUITT, ROSS, COHEN, CONKLIN, GABLER, RADER, KORTZ, BRIGGS,

SCHLOSSBERG, GILLEN, JOZWIAK, BARBIN AND DAVIS, JUNE 2, 2015

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

JUNE 16, 2015

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, in child protective services, further

providing for definitions, for persons required to report

suspected child abuse, for access to information in Statewide

database, for release of information in confidential reports,

for employees having contact with children and adoptive and

foster parents, FOR INFORMATION RELATING TO CERTIFIED OR

REGISTERED DAY-CARE HOME RESIDENTS, for volunteers having

contact with children, for continued employment or

participation in program, activity or service, for

certification compliance, FOR EDUCATION AND TRAINING and for

mandatory reporting of children under one year of age.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definitions of "child-care services," "direct

contact with children," "independent contractor," "perpetrator,"

"person responsible for the child's welfare," "program, activity

or service" SERVICE," "SCHOOL" and "school employee" in section

6303(a) of Title 23 of the Pennsylvania Consolidated Statutes,

<--

amended October 22, 2014 (P.L.2529, No.153), are amended and the

section is amended by adding a definition DEFINITIONS to read:

§ 6303. Definitions.

(a) General rule.--The following words and phrases when used

in this chapter shall have the meanings given to them in this

section unless the context clearly indicates otherwise:

* * *

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

(1) Child day-care centers.

(2) Group day-care homes.

(3) Family [day-care] CHILD-CARE homes.

(4) Foster homes.

(5) Adoptive parents.

(6) Boarding homes for children.

(7) Juvenile detention center services or programs for

delinquent or dependent children.

(8) Mental health services for children.

(9) Services for children with intellectual

disabilities.

(10) Early intervention services for children.

(11) Drug and alcohol services for children.

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

school.

(13) Other child-care services that are provided by or

subject to approval, licensure, registration or certification

by the department or a county social services agency or that

are provided pursuant to a contract with the department or a

county social services agency.

The term does not apply to services provided by administrative

or other support personnel unless the administrative or other

20150HB1276PN1849 - 2 -

<--

support personnel's duties involve PERSONNEL HAS direct contact

with children.

* * *

"Direct contact with children." The care, supervision,

guidance or control of children [or] and routine interaction

with children.

* * *

"Independent contractor." An individual who provides a

program, activity or service to an agency, institution,

organization or other entity, including a school or regularly

established religious organization, that is responsible for the

care, supervision, guidance or control of children. The term

does not [include an individual who has no] apply to

administrative or other support personnel unless the

administrative or other support personnel's duties involve

PERSONNEL HAS direct contact with children.

* * *

"INSTITUTION OF HIGHER EDUCATION." ANY OF THE FOLLOWING:

(1) A COMMUNITY COLLEGE WHICH IS AN INSTITUTION NOW OR

HEREAFTER CREATED PURSUANT TO ARTICLE XIX-A OF THE ACT OF

MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL

CODE OF 1949, OR THE ACT OF AUGUST 24, 1963 (P.L.1132,

NO.484), KNOWN AS THE COMMUNITY COLLEGE ACT OF 1963.

(2) AN INDEPENDENT INSTITUTION OF HIGHER EDUCATION WHICH

IS AN INSTITUTION OF HIGHER EDUCATION, OPERATED NOT FOR

PROFIT, LOCATED IN AND INCORPORATED OR CHARTERED BY THE

COMMONWEALTH, ENTITLED TO CONFER DEGREES AS SET FORTH IN 24

PA.C.S. § 6505 (RELATING TO POWER TO CONFER DEGREES) AND

ENTITLED TO APPLY TO ITSELF THE DESIGNATION "COLLEGE" OR

"UNIVERSITY" AS PROVIDED FOR BY STANDARDS AND QUALIFICATIONS

20150HB1276PN1849 - 3 -

<--

PRESCRIBED BY THE STATE BOARD OF EDUCATION UNDER 24 PA.C.S.

CH. 65 (RELATING TO PRIVATE COLLEGES, UNIVERSITIES AND

SEMINARIES).

(3) A STATE-OWNED UNIVERSITY.

(4) A STATE-RELATED UNIVERSITY.

* * *

"Perpetrator." A person who has committed child abuse as

defined in this section. The following shall apply:

(1) The term includes only the following:

(i) A parent of the child.

(ii) A spouse or former spouse of the child's

parent.

(iii) A paramour or former paramour of the child's

parent.

(iv) A person 14 years of age or older and

responsible for the child's welfare or having direct

contact with children through a program, activity or

service.

(v) An individual 14 years of age or older who

resides in the same home as the child.

(vi) An individual 18 years of age or older who does

not reside in the same home as the child but is related

within the third degree of consanguinity or affinity by

birth or adoption to the child.

(2) Only the following may be considered a perpetrator

for failing to act, as provided in this section:

(i) A parent of the child.

(ii) A spouse or former spouse of the child's

parent.

(iii) A paramour or former paramour of the child's

20150HB1276PN1849 - 4 -

parent.

(iv) A person 18 years of age or older and

responsible for the child's welfare.

(v) A person 18 years of age or older who resides in

the same home as the child.

* * *

"Person responsible for the child's welfare." A person who

provides permanent or temporary care, supervision, mental health

diagnosis or treatment, training or control of a child in lieu

of parental care, supervision and control. [The term includes

any such person who has direct or regular contact with a child

through any program, activity or service sponsored by a school,

for-profit organization or religious or other not-for-profit

organization.]

* * *

"Program, activity or service." [A public or private

educational, athletic or other pursuit in which children

participate. The term includes, but is not limited to, the

following:] Any of the following in which children participate

and which is sponsored by a school or a public or private

organization:

(1) A youth camp or program.

(2) A recreational camp or program.

(3) A sports or athletic program.

(4) [An] A community or social outreach program.

(5) An enrichment or educational program.

(6) A troop, club or similar organization.

* * *

"Routine interaction." Regular, repeated and continual

REGULAR AND REPEATED contact that is integral to a person's

20150HB1276PN1849 - 5 -

<--

employment or volunteer responsibilities.

* * *

"SCHOOL." A FACILITY PROVIDING ELEMENTARY, SECONDARY OR

POSTSECONDARY EDUCATIONAL SERVICES. THE TERM INCLUDES THE

FOLLOWING:

(1) ANY SCHOOL OF A SCHOOL DISTRICT.

(2) AN AREA VOCATIONAL-TECHNICAL SCHOOL.

(3) A JOINT SCHOOL.

(4) AN INTERMEDIATE UNIT.

(5) A CHARTER SCHOOL OR REGIONAL CHARTER SCHOOL.

(6) A CYBER CHARTER SCHOOL.

(7) A PRIVATE SCHOOL LICENSED UNDER THE ACT OF JANUARY

28, 1988 (P.L.24, NO.11), KNOWN AS THE PRIVATE ACADEMIC

SCHOOLS ACT.

(8) A PRIVATE SCHOOL ACCREDITED BY AN ACCREDITING

ASSOCIATION APPROVED BY THE STATE BOARD OF EDUCATION.

(9) A NONPUBLIC SCHOOL.

(10) [A COMMUNITY COLLEGE WHICH IS AN INSTITUTION NOW OR

HEREAFTER CREATED PURSUANT TO ARTICLE XIX-A OF THE ACT OF

MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL

CODE OF 1949, OR THE ACT OF AUGUST 24, 1963 (P.L.1132,

NO.484), KNOWN AS THE COMMUNITY COLLEGE ACT OF 1963.

(11) AN INDEPENDENT INSTITUTION OF HIGHER EDUCATION

WHICH IS AN INSTITUTION OF HIGHER EDUCATION WHICH IS OPERATED

NOT FOR PROFIT, LOCATED IN AND INCORPORATED OR CHARTERED BY

THE COMMONWEALTH, ENTITLED TO CONFER DEGREES AS SET FORTH IN

24 PA.C.S. § 6505 (RELATING TO POWER TO CONFER DEGREES) AND

ENTITLED TO APPLY TO ITSELF THE DESIGNATION "COLLEGE" OR

"UNIVERSITY" AS PROVIDED FOR BY STANDARDS AND QUALIFICATIONS

PRESCRIBED BY THE STATE BOARD OF EDUCATION PURSUANT TO 24

20150HB1276PN1849 - 6 -

<--

PA.C.S. CH. 65 (RELATING TO PRIVATE COLLEGES, UNIVERSITIES

AND SEMINARIES).

(12) A STATE-OWNED UNIVERSITY.

(13) A STATE-RELATED UNIVERSITY.] AN INSTITUTION OF

HIGHER EDUCATION.

(14) A PRIVATE SCHOOL LICENSED UNDER THE ACT OF DECEMBER

15, 1986 (P.L.1585, NO.174), KNOWN AS THE PRIVATE LICENSED

SCHOOLS ACT.

(15) THE HIRAM G. ANDREWS CENTER.

(16) A PRIVATE RESIDENTIAL REHABILITATIVE INSTITUTION AS

DEFINED IN SECTION 914.1-A(C) OF THE PUBLIC SCHOOL CODE OF

1949.

"School employee." An individual who is employed by a school

or who provides a program, activity or service sponsored by a

school. The term [excludes an individual who has no] does not

apply to administrative or other support personnel unless the

administrative or other support personnel's duties involve

PERSONNEL HAS direct contact with children.

* * *

Section 2. Section 6311(a)(7) AND (12) of Title 23 is ARE

amended AND THE SUBSECTION IS AMENDED BY ADDING A PARAGRAPH to

read:

§ 6311. Persons required to report suspected child abuse.

(a) Mandated reporters.--The following adults shall make a

report of suspected child abuse, subject to subsection (b), if

the person has reasonable cause to suspect that a child is a

victim of child abuse:

* * *

(7) An individual paid or unpaid, who, on the basis of

the individual's role as an integral part of a regularly

20150HB1276PN1849 - 7 -

<--

scheduled program, activity or service, [accepts

responsibility for a child] is a person responsible for the

child's welfare OR HAS DIRECT CONTACT WITH CHILDREN .

* * *

(12) AN INDIVIDUAL SUPERVISED OR MANAGED BY A PERSON

LISTED UNDER PARAGRAPHS (1), (2), (3), (4), (5), (6), (7),

(8), (9), (10) [AND], (11) AND (13), WHO HAS DIRECT CONTACT

WITH CHILDREN IN THE COURSE OF EMPLOYMENT.

* * *

(16) AN ADULT HOUSEHOLD MEMBER WHO IS A PERSON

RESPONSIBLE FOR THE CHILD'S WELFARE AND PROVIDES SERVICES TO

A CHILD IN A FAMILY LIVING HOME, COMMUNITY HOME FOR

INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR HOST HOME FOR

CHILDREN WHICH ARE SUBJECT TO LICENSURE BY THE DEPARTMENT

UNDER ARTICLES IX AND X OF THE ACT OF JUNE 13, 1967 (P.L.31,

NO.21), KNOWN AS THE PUBLIC WELFARE CODE.

Section 3. Section 6335(e) of Title 23, amended October 22,

2014 (P.L.2529, No.153), is amended to read:

§ 6335. Access to information in Statewide database.

* * *

(e) [Clearances] Certifications.--Information provided in

response to inquiries under section 6344 (relating to employees

having contact with children; adoptive and foster parents),

6344.1 (relating to information relating to certified or

[registered day-care] LICENSED CHILD-CARE home residents) or

6344.2 (relating to volunteers having contact with children)

shall not include unfounded reports of child abuse or reports

related to general protective services and shall be limited to

the following:

(1) Whether the person was named as a perpetrator of

20150HB1276PN1849 - 8 -

<--

child abuse in a founded or indicated report.

(2) Whether there is an investigation pending in which

the individual is an alleged perpetrator.

(3) The number, date of the incidents upon which the

report is based and the type of abuse or neglect involved in

any reports identified under paragraph (1).

* * *

Section 4. Section 6340(a) of Title 23 is amended by adding

a paragraph to read:

§ 6340. Release of information in confidential reports.

(a) General rule.--Reports specified in section 6339

(relating to confidentiality of reports) shall only be made

available to:

* * *

(18) The Department of the Auditor General in

conjunction with the performances of the duties designated to

the Office of Auditor General, except that the Auditor

General MAY HAVE ACCESS TO ONLY THE REPORTS IN THE POSSESSION

OF THE ENTITY BEING AUDITED AND may not remove identifiable

reports or copies thereof from the department or county

agency.

* * *

Section 5. Section 6344(a), (a.1), (b), (b.1), (b.2) and (d)

(6), (D)(4.1), (5), (6) and (8) AND (E) of Title 23, amended

October 22, 2014 (P.L.2529, No.153), are amended and the section

is amended by adding a subsection SUBSECTIONS to read:

§ 6344. Employees having contact with children; adoptive and

foster parents.

(a) Applicability.--Beginning December 31, 2014, this

section applies to the following individuals:

20150HB1276PN1849 - 9 -

<--

(1) An employee of child-care services.

(2) A foster parent.

(3) A prospective adoptive parent.

(4) A self-employed family day-care provider.

(5) [An] (i) Except as provided under subparagraph

(ii), an individual 14 years of age or older who is

applying for or holding a paid position as an employee

and who is a person WITH A PROGRAM, ACTIVITY OR SERVICE,

AS A PERSON responsible for the [welfare of a child]

child's welfare or having direct contact with children

through a program, activity or service.

(ii) An adult applying for or holding a paid

position with an employer that participates in an

internship, externship, work-study, co-op or similar

program with a school and is identified by the employer

as the child's supervisor and the person responsible for

the child's welfare while the child participates in the

program with the employer. THIS SUBPARAGRAPH DOES NOT

APPLY TO OTHER EMPLOYEES OF THAT EMPLOYER WHO HAVE NOT

BEEN IDENTIFIED AS THE PERSON RESPONSIBLE FOR THE CHILD'S

WELFARE.

(6) Any individual seeking to provide child-care

services under contract with a child-care facility or

program.

(7) An individual 18 years of age or older who resides

in the home of a foster parent for at least 30 days in a

calendar year or who resides in the home of a prospective

adoptive parent for at least 30 days in a calendar year.

(8) AN INDIVIDUAL 18 YEARS OF AGE OR OLDER WHO RESIDES

FOR AT LEAST 30 DAYS IN A CALENDAR YEAR IN THE FOLLOWING

20150HB1276PN1849 - 10 -

<--

HOMES WHICH ARE SUBJECT TO LICENSURE BY THE DEPARTMENT UNDER

ARTICLES IX AND X OF THE ACT OF JUNE 13, 1967 (P.L.31,

NO.21), KNOWN AS THE PUBLIC WELFARE CODE:

(I) A FAMILY LIVING HOME.

(II) A COMMUNITY HOME FOR INDIVIDUALS WITH AN

INTELLECTUAL DISABILITY.

(III) A HOST HOME FOR CHILDREN.

THIS PARAGRAPH DOES NOT INCLUDE AN INDIVIDUAL WITH AN

INTELLECTUAL DISABILITY OR CHRONIC PSYCHIATRIC DISABILITY

RECEIVING SERVICES IN A HOME.

(a.1) School employees.--This section shall apply to school

employees as follows:

(1) School employees governed by the provisions of the

act of March 10, 1949 (P.L.30, No.14), known as the Public

School Code of 1949, shall be subject to the provisions of

section 111 of the Public School Code of 1949, except that

this section shall apply with regard to the [information]

CERTIFICATION required under [subsection (b)(2)] subsections

(b)(2) and (c) (1) AND THE GROUNDS FOR DENYING EMPLOYMENT

UNDER SUBSECTION (C)(1).

(2) School employees not governed by the provisions of

(2) (I) SCHOOL EMPLOYEES NOT GOVERNED BY THE PROVISIONS

OF the Public School Code of 1949 shall be governed by

this section.

(II) THIS PARAGRAPH SHALL NOT APPLY TO AN EMPLOYEE

OF AN INSTITUTION OF HIGHER EDUCATION WHOSE DIRECT

CONTACT WITH CHILDREN, IN THE COURSE OF EMPLOYMENT, IS

LIMITED TO CHILDREN 16 YEARS OF AGE OR OLDER WHO ARE

EITHER:

(A) PROSPECTIVE STUDENTS VISITING A CAMPUS

20150HB1276PN1849 - 11 -

<--

OPERATED BY THE INSTITUTION OF HIGHER EDUCATION; OR

(B) STUDENTS WHO ARE ENROLLED WITH THE

INSTITUTION AND ATTEND CLASSES AT A CAMPUS OR

FACILITY OPERATED BY THE INSTITUTION OF HIGHER

EDUCATION.

(a.2) Minors.--An individual between 14 and 17 years of age

who applies for or holds a paid position as an employee who is a

person responsible for the child's welfare or a person with

direct contact with children through a program, activity or

service prior to the commencement of employment or under section

6344.4 (relating to recertification) shall be required to submit

only the information under subsection (b)(1) and (2) to an

employer, administrator, supervisor or other person responsible

for employment decisions, if the following apply:

(1) The individual has been a resident of this

Commonwealth during the entirety of the previous 10-year

period or, if not a resident of this Commonwealth during the

entirety of the previous 10-year period, has received

certification under subsection (b)(3) at any time since

establishing residency in this Commonwealth and provides a

copy of the certification to the employer.

(2) The individual and the individual's parent or legal

guardian swears or affirms in writing that the individual is

not disqualified from service under subsection (c) or has not

been convicted of an offense similar in nature to those

crimes listed in subsection (c) under the laws or former laws

of the United States or one of its territories or

possessions, another state, the District of Columbia, the

Commonwealth of Puerto Rico or a foreign nation, or under a

former law of this Commonwealth.

20150HB1276PN1849 - 12 -

(A.3) INTERNSHIPS AND SIMILAR PROGRAMS WITH SCHOOLS.--AN

ADULT APPLYING FOR OR HOLDING A PAID POSITION WITH AN EMPLOYER

THAT PARTICIPATES IN AN INTERNSHIP, EXTERNSHIP, WORK-STUDY, CO-

OP OR SIMILAR PROGRAM WITH A SCHOOL SHALL NOT BE REQUIRED TO

SUBMIT INFORMATION UNDER SUBSECTION (B) IF THE CHILD

PARTICIPATING IN THE PROGRAM IS AT LEAST 16 YEARS OF AGE.

(A.4) EXCHANGE VISITOR.--AN INDIVIDUAL IN POSSESSION OF A

NONIMMIGRANT VISA ISSUED PURSUANT TO 8 U.S.C. § 1101(A)(15)(J)

(RELATING TO DEFINITIONS) TO AN EXCHANGE VISITOR, COMMONLY

REFERRED TO AS A "J-1" VISA, SHALL NOT BE REQUIRED TO SUBMIT

INFORMATION UNDER SUBSECTION (B) IF ALL OF THE FOLLOWING APPLY:

(1) THE INDIVIDUAL IS APPLYING FOR OR HOLDS A PAID

POSITION WITH A PROGRAM, ACTIVITY OR SERVICE FOR A PERIOD NOT

TO EXCEED A TOTAL OF 90 DAYS IN A CALENDAR YEAR.

(2) THE INDIVIDUAL SWEARS OR AFFIRMS IN WRITING THAT THE

INDIVIDUAL IS NOT DISQUALIFIED FROM SERVICE UNDER SUBSECTION

TO THE CRIMES LISTED UNDER SUBSECTION (C) UNDER THE LAWS OR

FORMER LAWS OF THE UNITED STATES OR ONE OF ITS TERRITORIES OR

POSSESSIONS, ANOTHER STATE, THE DISTRICT OF COLUMBIA, THE

COMMONWEALTH OF PUERTO RICO OR A FOREIGN NATION, OR UNDER A

FORMER LAW OF THIS COMMONWEALTH.

(b) Information to be submitted.--An individual identified

in subsection (a)(7) at the time the individual meets the

description set forth in subsection (a)(7) and an individual

identified in subsection (a)(1), (2), (3), (4), (5) or (6) [or],

(a.1) or (a.2) prior to the commencement of employment or

service or in accordance with section 6344.4 shall be required

to submit the following information to an employer,

administrator, supervisor or other person responsible for

20150HB1276PN1849 - 13 -

<--

employment decisions or involved in the selection of volunteers:

(1) Pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal

history record information), a report of criminal history

record information from the Pennsylvania State Police or a

statement from the Pennsylvania State Police that the State

Police central repository contains no such information

relating to that person. The criminal history record

information shall be limited to that which is disseminated

pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to general

regulations).

(2) A certification from the department as to whether

the applicant is named in the Statewide database as the

alleged perpetrator in a pending child abuse investigation or

as the perpetrator of a founded report or an indicated

report.

(3) A report of Federal criminal history record

information. The applicant shall submit a full set of

fingerprints to the Pennsylvania State Police for the purpose

of a record check, and the Pennsylvania State Police or its

authorized agent shall submit the fingerprints to the Federal

Bureau of Investigation for the purpose of verifying the

identity of the applicant and obtaining a current record of

any criminal arrests and convictions.

(b.1) Required documentation to be maintained and

produced.--The employer, administrator, supervisor or other

person responsible for employment decisions or acceptance of the

individual to serve in any capacity identified in subsection (a)

(1), (2), (3), (4), (5) or (6) [or], (a.1) or (a.2) shall

maintain a copy of the required information and require the

individual to [produce] submit the [original document] required

20150HB1276PN1849 - 14 -

documents prior to employment or acceptance to serve in any such

capacity or as required in section 6344.4, except as allowed

under subsection (m).

(b.2) Investigation.--An employer, administrator, supervisor

or other person responsible for employment decisions shall

require an applicant to submit the required documentation set

forth in this chapter or as required in section 6344.4. An

employer, administrator, supervisor or other person responsible

for employment decisions that intentionally fails to require an

applicant to submit the required documentation before the

applicant's hiring or upon recertification commits a misdemeanor

of the third degree.

* * *

(d) Prospective adoptive or foster parents.--With regard to

prospective adoptive or prospective foster parents, the

following shall apply:

* * *

(4.1) IF A FOSTER PARENT, PROSPECTIVE ADOPTIVE PARENT,

OR AN INDIVIDUAL OVER 18 YEARS OF AGE RESIDING IN THE HOME IS

ARRESTED FOR OR CONVICTED OF AN OFFENSE THAT WOULD CONSTITUTE

GROUNDS FOR DENYING APPROVAL UNDER THIS CHAPTER OR IS NAMED

AS A PERPETRATOR IN A FOUNDED OR INDICATED REPORT, THE FOSTER

PARENT OR PROSPECTIVE ADOPTIVE PARENT SHALL PROVIDE THE

FOSTER FAMILY CARE AGENCY OR THE AGENCY LISTED TO PROVIDE

ADOPTION SERVICES WITH WRITTEN NOTICE NOT LATER THAN 72 HOURS

AFTER THE ARREST, CONVICTION OR NOTIFICATION THAT THE [FOSTER

PARENT] INDIVIDUAL WAS NAMED AS A PERPETRATOR IN THE

STATEWIDE DATABASE.

(5) FOSTER PARENTS AND PROSPECTIVE ADOPTIVE PARENTS

SHALL BE REQUIRED TO REPORT ANY OTHER CHANGE IN THE [FOSTER]

20150HB1276PN1849 - 15 -

<--

FAMILY HOUSEHOLD COMPOSITION WITHIN 30 DAYS OF THE CHANGE FOR

REVIEW BY THE FOSTER FAMILY CARE AGENCY OR THE AGENCY LISTED

TO PROVIDE ADOPTION SERVICES. IF ANY INDIVIDUAL OVER 18 YEARS

OF AGE, WHO HAS RESIDED OUTSIDE THIS COMMONWEALTH AT ANY TIME

WITHIN THE PREVIOUS FIVE-YEAR PERIOD, BEGINS RESIDING IN THE

HOME OF AN APPROVED FOSTER FAMILY OR A PROSPECTIVE ADOPTIVE

FAMILY, THAT INDIVIDUAL SHALL, WITHIN 30 DAYS OF BEGINNING

RESIDENCE, SUBMIT TO THE FOSTER FAMILY CARE AGENCY OR THE

AGENCY LISTED TO PROVIDE ADOPTION SERVICES A CERTIFICATION

OBTAINED FROM THE STATEWIDE DATABASE, OR ITS EQUIVALENT IN

EACH STATE IN WHICH THE PERSON HAS RESIDED WITHIN THE

PREVIOUS FIVE-YEAR PERIOD, AS TO WHETHER THE PERSON IS NAMED

AS A PERPETRATOR. IF THE CERTIFICATION SHOWS THAT THE PERSON

IS NAMED AS A PERPETRATOR WITHIN THE PREVIOUS FIVE-YEAR

PERIOD, THE FOSTER FAMILY CARE AGENCY OR THE AGENCY LISTED TO

PROVIDE ADOPTION SERVICES SHALL FORWARD THE CERTIFICATION TO

THE DEPARTMENT FOR REVIEW. IF THE DEPARTMENT DETERMINES THAT

THE PERSON IS NAMED AS THE EQUIVALENT OF A PERPETRATOR OF A

FOUNDED REPORT WITHIN THE PREVIOUS FIVE-YEAR PERIOD AND THE

PERSON DOES NOT CEASE RESIDING IN THE HOME IMMEDIATELY, THE

COUNTY AGENCY SHALL IMMEDIATELY SEEK COURT AUTHORIZATION TO

REMOVE THE FOSTER CHILD OR CHILDREN FROM THE HOME. IN

EMERGENCY SITUATIONS WHEN A JUDGE CANNOT BE REACHED, THE

COUNTY AGENCY SHALL PROCEED IN ACCORDANCE WITH THE

PENNSYLVANIA RULES OF JUVENILE COURT PROCEDURE.

(6) In cases where foster parents knowingly fail to

submit the material information required in paragraphs (4.1)

and (5) and section 6344.4 [(relating to certification

compliance)] such that it would disqualify them as foster

parents, the county agency shall immediately seek court

20150HB1276PN1849 - 16 -

authorization to remove the foster child or children from the

home. In emergency situations when a judge cannot be reached,

the county agency shall proceed in accordance with the

Pennsylvania Rules of Juvenile Court Procedure.

* * *

(8) The department shall require information based upon

certain criteria for foster and adoptive parent applications.

The criteria shall include, but not be limited to,

information provided by the applicant or other sources in the

following areas:

(i) Previous addresses within the last [ten] 10

years.

(ii) Criminal history background [clearance]

certification generated by the process outlined in this

section.

(iii) Child abuse [clearance] certification

generated by the process outlined in this section.

(iv) Composition of the resident family unit.

(v) Protection from abuse orders filed by or against

either parent, provided that such orders are accessible

to the county or private agency.

(vi) Details of any proceedings brought in family

court, provided that such records in such proceedings are

accessible to the county or private agency.

(vii) Drug-related or alcohol-related arrests, if

criminal charges or judicial proceedings are pending, and

any convictions or hospitalizations within the last five

years. If the applicant provides information regarding

convictions or hospitalizations in that five-year period,

then information on the prior five years shall be

20150HB1276PN1849 - 17 -

requested related to any additional convictions or

hospitalizations.

(viii) Evidence of financial stability, including

income verification, employment history, current liens

and bankruptcy findings within the last [ten] 10 years.

(ix) Number of and ages of foster children and other

dependents currently placed in the home.

(x) Detailed information regarding children with

special needs currently living in the home.

(xi) Previous history as a foster parent, including

number and types of children served.

(xii) Related education, training or personal

experience working with foster children or the child

welfare system.

* * *

(D.3) FAMILY LIVING HOMES, COMMUNITY HOMES FOR INDIVIDUALS

WITH AN INTELLECTUAL DISABILITY AND HOST HOMES.--

(1) THE FOLLOWING SHALL APPLY TO AN INDIVIDUAL OVER 18

YEARS OF AGE RESIDING IN A FAMILY LIVING HOME, A COMMUNITY

HOME FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR A

HOST HOME PROVIDING COMMUNITY RESIDENTIAL REHABILITATION

SERVICES, WHICH ARE SUBJECT TO LICENSURE BY THE DEPARTMENT

UNDER ARTICLES IX AND X OF THE PUBLIC WELFARE CODE:

(I) IF AN INDIVIDUAL IS ARRESTED FOR OR CONVICTED OF

AN OFFENSE THAT WOULD CONSTITUTE GROUNDS FOR DENYING

APPROVAL UNDER THIS CHAPTER, OR IS NAMED AS A PERPETRATOR

IN A FOUNDED OR INDICATED REPORT, THE INDIVIDUAL SHALL

PROVIDE THE AGENCY WITH WRITTEN NOTICE NOT LATER THAN 72

HOURS AFTER THE ARREST, CONVICTION OR NOTIFICATION THAT

THE INDIVIDUAL WAS NAMED AS A PERPETRATOR IN THE

20150HB1276PN1849 - 18 -

<--

STATEWIDE DATABASE.

(II) THE ADULT HOUSEHOLD MEMBER WHO IS PROVIDING

SERVICES TO A CHILD IN THE HOME SHALL BE REQUIRED TO

REPORT ANY OTHER CHANGE IN THE HOUSEHOLD COMPOSITION

WITHIN 30 DAYS OF THE CHANGE FOR REVIEW BY THE AGENCY. IF

ANY INDIVIDUAL OVER 18 YEARS OF AGE, WHO HAS RESIDED

OUTSIDE THIS COMMONWEALTH AT ANY TIME WITHIN THE PREVIOUS

FIVE-YEAR PERIOD, BEGINS RESIDING IN THE HOME, THAT

INDIVIDUAL SHALL, WITHIN 30 DAYS OF BEGINNING RESIDENCE,

SUBMIT TO THE AGENCY A CERTIFICATION OBTAINED FROM THE

STATEWIDE DATABASE, OR ITS EQUIVALENT IN EACH STATE IN

WHICH THE INDIVIDUAL HAS RESIDED WITHIN THE PREVIOUS

FIVE-YEAR PERIOD, AS TO WHETHER THE PERSON IS NAMED AS A

PERPETRATOR. IF THE CERTIFICATION SHOWS THAT THE PERSON

IS NAMED AS A PERPETRATOR WITHIN THE PREVIOUS FIVE-YEAR

PERIOD, THE AGENCY SHALL FORWARD THE CERTIFICATION TO THE

DEPARTMENT FOR REVIEW.

(2) THIS SUBSECTION SHALL NOT APPLY TO AN INDIVIDUAL

WITH AN INTELLECTUAL DISABILITY OR CHRONIC PSYCHIATRIC

DISABILITY RECEIVING SERVICES IN A HOME.

(3) AS USED IN THIS SUBSECTION, THE TERM "AGENCY" MEANS

A FAMILY LIVING HOME AGENCY, COMMUNITY HOME AGENCY FOR

INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR A HOST HOME

AGENCY.

(E) SELF-EMPLOYED FAMILY [DAY-CARE] CHILD-CARE PROVIDERS.--

SELF-EMPLOYED FAMILY [DAY-CARE] CHILD-CARE PROVIDERS WHO APPLY

FOR A [CERTIFICATE OF REGISTRATION] LICENSE WITH THE DEPARTMENT

SHALL SUBMIT WITH THEIR [REGISTRATION] LICENSURE APPLICATION THE

INFORMATION SET FORTH UNDER SUBSECTION (B) FOR REVIEW IN

ACCORDANCE WITH THIS SECTION.

20150HB1276PN1849 - 19 -

* * *

SECTION 6. SECTION 6344.1 HEADING, (A) AND (C) OF TITLE 23

ARE AMENDED TO READ:

§ 6344.1. INFORMATION RELATING TO CERTIFIED OR [REGISTERED DAY-

CARE] LICENSED CHILD-CARE HOME RESIDENTS.

(A) GENERAL RULE.--IN ADDITION TO THE REQUIREMENTS OF

SECTION 6344 (RELATING TO EMPLOYEES HAVING CONTACT WITH

CHILDREN; ADOPTIVE AND FOSTER PARENTS), AN INDIVIDUAL WHO

APPLIES TO THE DEPARTMENT FOR A CERTIFICATE OF COMPLIANCE OR A

[REGISTRATION CERTIFICATE] LICENSE TO PROVIDE CHILD DAY CARE IN

A RESIDENCE SHALL INCLUDE CRIMINAL HISTORY RECORD AND CHILD

ABUSE RECORD INFORMATION REQUIRED UNDER SECTION 6344(B) FOR

EVERY INDIVIDUAL 18 YEARS OF AGE OR OLDER WHO RESIDES IN THE

HOME FOR AT LEAST 30 DAYS IN A CALENDAR YEAR.

* * *

THE DEPARTMENT SHALL REFUSE TO ISSUE OR RENEW A CERTIFICATE OF

COMPLIANCE OR [REGISTRATION CERTIFICATE] LICENSE OR SHALL REVOKE

A CERTIFICATE OF COMPLIANCE OR [REGISTRATION CERTIFICATE]

LICENSE IF THE DAY-CARE HOME PROVIDER OR INDIVIDUAL 18 YEARS OF

AGE OR OLDER WHO HAS RESIDED IN THE HOME FOR AT LEAST 30 DAYS IN

A CALENDAR YEAR:

(1) IS NAMED IN THE STATEWIDE DATABASE AS THE

PERPETRATOR OF A FOUNDED REPORT COMMITTED WITHIN THE

IMMEDIATELY PRECEDING FIVE-YEAR PERIOD; OR

(2) HAS BEEN CONVICTED OF AN OFFENSE ENUMERATED IN

SECTION 6344(C).

* * *

Section 6. Sections 6344.2(a), (b.1) and (f), 6344.3(e) and

(f) and 6344.4 of Title 23, amended or added October 22, 2014

20150HB1276PN1849 - 20 -

<--

(P.L.2529, No.153), are amended to read:

SECTION 7. SECTION 6344.2(A), (B.1), (E) AND (F) OF TITLE

23, AMENDED OCTOBER 22, 2014 (P.L.2529, NO.153), ARE AMENDED AND

THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:

§ 6344.2. Volunteers having contact with children.

(a) Applicability.--This section applies to an adult

applying for or holding an unpaid position as a volunteer with a

child-care service, a school or a program, activity or service,

as a person responsible for the [welfare of a child] CHILD'S

WELFARE or having direct contact with children.

* * *

(b.1) Exception.--

(1) A person responsible for the selection of volunteers

under this chapter shall require an applicable prospective

volunteer prior to the commencement of service to submit only

the information under section 6344(b)(1) and (2), if the

following apply:

(i) The position the prospective volunteer is

applying for is unpaid.

(ii) The prospective volunteer has been a resident

of this Commonwealth during the entirety of the previous

[ten-year period.] 10-year period or, if not a resident

of this Commonwealth during the entirety of the previous

10-year period, has received certification under section

6344(b)(3) at any time since establishing residency in

this Commonwealth and provides a copy of the

certification to the person responsible for the selection

of volunteers.

(iii) The prospective volunteer swears or affirms in

writing that the prospective volunteer is not

20150HB1276PN1849 - 21 -

<--

disqualified from service pursuant to section 6344(c) or

has not been convicted of an offense similar in nature to

those crimes listed in section 6344(c) under the laws or

former laws of the United States or one of its

territories or possessions, another state, the District

of Columbia, the Commonwealth of Puerto Rico or a foreign

nation, or under a former law of this Commonwealth.

(2) If the information obtained pursuant to section

6344(b) reveals that the prospective volunteer applicant is

disqualified from service pursuant to section 6344(c), the

applicant shall not be approved for service.

(3) A VOLUNTEER WHO PROVIDES EPISODIC, INFREQUENT OR

INTERMITTENT SERVICES TO A PROGRAM, ACTIVITY OR SERVICE AND

WHO IS WITHIN THE IMMEDIATE VICINITY OF AT LEAST ONE

INDIVIDUAL WHO IS RESPONSIBLE FOR THE CHILD'S WELFARE AND HAS

SUBMITTED THE INFORMATION UNDER SECTION 6344(B)(1) AND (2)

SHALL BE EXEMPT FROM THIS SECTION. AS USED IN THIS PARAGRAPH,

THE TERM "IMMEDIATE VICINITY" MEANS AN AREA SUBJECT TO SIGHT,

HEARING AND DIRECTION AND ASSESSMENT OF ACTIVITY.

* * *

[(E) CONSTRUCTION.--NOTHING IN THIS SECTION SHALL BE

CONSTRUED TO PROHIBIT AN ORGANIZATION FROM REQUIRING ADDITIONAL

INFORMATION AS PART OF THE CLEARANCE PROCESS FOR VOLUNTEERS WHO

ARE RESPONSIBLE FOR THE WELFARE OF A CHILD OR HAVE DIRECT

CONTACT WITH CHILDREN.]

(f) [Provisional clearances for volunteers] Nonresident

volunteer certification.--Employers, administrators, supervisors

or other persons responsible for selection of volunteers may

allow a volunteer to serve on a provisional basis [for a single

period] not to exceed a total of 30 days in a calendar year if

20150HB1276PN1849 - 22 -

<--

the volunteer is in compliance with the clearance standards

under the law of the jurisdiction where the volunteer is

domiciled. The nonresident volunteer must provide the employer,

administrator, supervisor or other person responsible for

selection of volunteers with documentation of certifications.

(G) WAIVER OF FEES FOR CERTAIN BACKGROUND CHECKS.--THE FEES

FOR CERTIFICATIONS PROVIDED UNDER SECTION 6344(B)(1) AND (2)

WHICH A VOLUNTEER IS REQUIRED TO COMPLETE UNDER THIS SECTION

SHALL BE WAIVED AND THE CERTIFICATIONS SHALL BE PROVIDED FREE OF

CHARGE TO THE VOLUNTEER UNDER THE FOLLOWING CONDITIONS:

(1) THE BACKGROUND CHECK IS NECESSARY TO COMPLY WITH THE

REQUIREMENTS OF SUBSECTION (B).

(2) THE BACKGROUND CHECK MAY NOT BE USED, AND SHALL NOT

BE VALID, TO SATISFY THE REQUIREMENTS FOR EMPLOYMENT UNDER

SECTION 6344(B) OR ANY OTHER LAW FOR WHICH A SIMILAR

BACKGROUND CHECK MAY BE REQUIRED.

(3) A BACKGROUND CHECK SHALL ONLY BE PROVIDED FREE OF

CHARGE TO A VOLUNTEER ONCE EVERY 36 MONTHS.

(4) THE VOLUNTEER CERTIFIES, UNDER PENALTY OF 18 PA.C.S.

§ 4904 (RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES),

THE FOLLOWING:

(I) THE BACKGROUND CHECK IS NECESSARY TO SATISFY THE

REQUIREMENTS UNDER SUBSECTION (B).

(II) THE VOLUNTEER HAS NOT RECEIVED A BACKGROUND

CHECK FREE OF CHARGE WITHIN THE PREVIOUS 36 MONTHS.

(III) THE VOLUNTEER UNDERSTANDS THAT THE CHECK SHALL

NOT BE VALID OR USED FOR ANY OTHER PURPOSE.

SECTION 8. SECTIONS 6344.3(E) AND (F) AND 6344.4 OF TITLE

23, ADDED OCTOBER 22, 2014 (P.L.2529, NO.153), ARE AMENDED TO

READ:

20150HB1276PN1849 - 23 -

<--

§ 6344.3. Continued employment or participation in program,

activity or service.

* * *

(e) Noninterference with decisions.--Nothing in this chapter

shall be construed to otherwise interfere with the ability of an

employer or PERSON RESPONSIBLE FOR A program, activity or

service to make employment, discipline or termination decisions

or FROM establishing additional [clearance] certification

standards AS PART OF THE HIRING OR SELECTION PROCESS FOR

EMPLOYEES OR VOLUNTEERS.

(f) [Transfer] Portability of certification.--

[(1) Any person who has obtained the information

required under this chapter may transfer or provide services

to another subsidiary or branch established and supervised by

the same organization, or serve in a volunteer capacity for

any program, service or activity, during the length of time

the person's certification is current pursuant to section

6344.4 (relating to certification compliance).

(2) Any employee who begins employment with a new

agency, institution, organization or other entity that is

responsible for the care, supervision, guidance or control of

children shall be required to obtain a new certification of

compliance as required by this chapter.]

(1) If an individual's certification is CERTIFICATIONS

ARE current under section 6344.4 (relating to

recertification) and the individual completes an affirmation

under paragraph (2), the individual may use the certification

CERTIFICATIONS as follows:

(i) to apply for employment as identified in section

6344 (relating to employees having contact with children;

20150HB1276PN1849 - 24 -

<--

adoptive and foster parents);

(ii) to serve as an employee as identified in

section 6344;

(iii) to apply as a volunteer under section 6344.2

(relating to volunteers having contact with children);

and

(iv) to serve as a volunteer under section 6344.2.

(2) Prior to commencing employment or service, an

individual must swear or affirm in writing that the

individual has not been disqualified from employment or

service under section 6344(c) or has not been convicted of an

offense similar in nature to a crime listed in section

6344(c) under the laws or former laws of the United States or

one of its territories or possessions, another state, the

District of Columbia, the Commonwealth of Puerto Rico or a

foreign nation, or under a former law of this Commonwealth.

(3) An employer, administrator, supervisor, other person

responsible for employment decisions or other person

responsible for the selection of volunteers shall make a

determination of employment or volunteer matters based on a

review of the information required under section 6344(b)

prior to employment or acceptance to service in any such

capacity and must maintain a copy of the required

information.

(4) Nothing in this section shall be construed to

prohibit an employer or organization from requiring

additional information as part of the certification process

for employees or volunteers.

(4) THIS SUBSECTION SHALL APPLY TO DRIVERS OF

INDEPENDENT SCHOOL BUS CONTRACTORS.

20150HB1276PN1849 - 25 -

<--

◄

* * *

§ 6344.4. [Certification compliance] Recertification.

New certifications shall be obtained in accordance with the

following:

(1) Effective December 31, 2014:

(i) [A] EXCEPT AS PROVIDED IN SUBPARAGRAPH (V), A

person identified in section 6344 (relating to employees

having contact with children; adoptive and foster

parents) shall be required to obtain the certifications

required by this chapter every 36 months.

(ii) School employees identified in section

6344(a.1)(1) shall be required to obtain reports under

section 111 of the act of March 10, 1949 (P.L.30, No.14),

known as the Public School Code of 1949, and under

section 6344(b)(2) every 36 months.

(iii) Any person identified in section 6344 with a

current certification issued prior to the effective date

of this section shall be required to obtain the

certifications required by this chapter within 36 months

from the date of [their most recent] the person's oldest

certification or, if the current certification is older

than 36 months, within one year of the effective date of

this section.

(iv) A person identified in section 6344 without a

certification or who was previously not required to have

a certification shall be required to obtain the

certifications required by this chapter no later than

December 31, 2015.

(V) AN EMPLOYEE IDENTIFIED UNDER SECTION 6344 WHO

HAS COMPLETED A CERTIFICATION OR RECERTIFICATION UNDER

20150HB1276PN1849 - 26 -

<--

THIS SECTION, IN WHICH A REPORT OF FEDERAL CRIMINAL

HISTORY RECORD INFORMATION UNDER SECTION 6344(B)(3) WAS

REQUIRED AND COMPLETED, SHALL BE REQUIRED TO OBTAIN A

SUBSEQUENT REPORT UNDER SECTION 6344(B)(3) EVERY 60

MONTHS.

(2) (i) Effective July 1, 2015, a person identified in

section 6344.2 (relating to volunteers having contact

with children) shall be required to obtain the

certifications required by this chapter every 36

months[.] from the date of the person's most recent

certification or, if the current certification is older

than 36 months, within one year of the effective date of

this section.

(ii) A person identified under section 6344.2

without a certification or who was previously not

required to have a certification shall be required to

obtain the certifications required by this chapter no

later than July 1, 2016.

(3) For renewals of certification required under this

chapter, the date for required renewal under this section

shall be from the date of the oldest certification under

section 6344(b).

SECTION 9. SECTION 6383(C)(1), (2) AND (3) OF TITLE 23 ARE

AMENDED TO READ:

§ 6383. EDUCATION AND TRAINING.

* * *

(1) THE FOLLOWING PERSONS SHALL BE REQUIRED TO MEET THE

CHILD ABUSE RECOGNITION AND REPORTING TRAINING REQUIREMENTS

OF THIS SUBSECTION:

20150HB1276PN1849 - 27 -

<--

(I) OPERATORS OF INSTITUTIONS, FACILITIES OR

AGENCIES WHICH CARE FOR CHILDREN AND ARE SUBJECT TO

SUPERVISION BY THE DEPARTMENT UNDER ARTICLE IX OF THE

PUBLIC WELFARE CODE, AND THEIR EMPLOYEES WHO HAVE DIRECT

CONTACT WITH CHILDREN.

(II) FOSTER PARENTS.

(III) OPERATORS OF FACILITIES AND AGENCIES WHICH

CARE FOR CHILDREN AND ARE SUBJECT TO LICENSURE BY THE

DEPARTMENT UNDER ARTICLE X OF THE PUBLIC WELFARE CODE AND

THEIR EMPLOYEES WHO HAVE DIRECT CONTACT WITH CHILDREN.

(IV) CAREGIVERS IN FAMILY [DAY CARE] CHILD-CARE

HOMES WHICH ARE SUBJECT TO [REGISTRATION] LICENSURE BY

THE DEPARTMENT UNDER [SUBARTICLE (C) OF] ARTICLE X OF THE

PUBLIC WELFARE CODE AND THEIR EMPLOYEES WHO HAVE DIRECT

CONTACT WITH CHILDREN.

(V) THE ADULT HOUSEHOLD MEMBER WHO IS A PERSON

RESPONSIBLE FOR THE CHILD'S WELFARE AND IS PROVIDING

SERVICES TO A CHILD IN A FAMILY LIVING HOME, A COMMUNITY

HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR

A HOST HOME WHICH ARE SUBJECT TO LICENSURE BY THE

DEPARTMENT UNDER ARTICLES IX AND X OF THE PUBLIC WELFARE

CODE.

(2) WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS

SUBSECTION, OPERATORS AND CAREGIVERS SHALL RECEIVE THREE

HOURS OF TRAINING PRIOR TO THE ISSUANCE OF A LICENSE[,] OR

APPROVAL [OR REGISTRATION] CERTIFICATE AND THREE HOURS OF

TRAINING EVERY FIVE YEARS THEREAFTER.

(3) EMPLOYEES WHO HAVE DIRECT CONTACT WITH CHILDREN AND

FOSTER PARENTS SHALL RECEIVE THREE HOURS OF TRAINING WITHIN

SIX MONTHS OF THE ISSUANCE OF A LICENSE[,] OR APPROVAL [OR

20150HB1276PN1849 - 28 -

REGISTRATION] CERTIFICATE AND THREE HOURS OF TRAINING EVERY

FIVE YEARS THEREAFTER. NEW EMPLOYEES AND NEW FOSTER PARENTS

SHALL RECEIVE THREE HOURS OF TRAINING WITHIN 90 DAYS OF HIRE

OR APPROVAL AS A FOSTER PARENT AND THREE HOURS OF TRAINING

EVERY FIVE YEARS THEREAFTER.

* * *

Section 7 10. Section 6386(a) of Title 23 is amended to

read:

§ 6386. Mandatory reporting of children under one year of age.

(a) When report to be made.--A health care provider shall

immediately make a report or cause a report to be made to the

appropriate county agency if the provider is involved in the

delivery or care of a child under one year of age who is born

and identified as being affected by any of the following:

(1) Illegal substance abuse by the child's mother.

(2) Withdrawal symptoms resulting from prenatal drug

exposure[.] unless the child's mother, during the pregnancy,

was :

(i) under the care of a prescribing medical

professional; and

(ii) in compliance with the directions for the

administration of a prescription drug as directed by the

prescribing medical professional.

(3) A Fetal Alcohol Spectrum Disorder.

* * *

Section 8 11. This act shall take effect immediately.

20150HB1276PN1849 - 29 -

<--