PRINTER'S NO. 1079
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
871
Session of
2021
INTRODUCED BY J. WARD, COLLETT, SANTARSIERO, FONTANA, SCHWANK,
BAKER, MENSCH, YUDICHAK, TARTAGLIONE, PITTMAN, STEFANO,
CAPPELLETTI AND SCAVELLO, SEPTEMBER 17, 2021
REFERRED TO AGING AND YOUTH, SEPTEMBER 17, 2021
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in child protective services, further
providing for definitions, for mandatory reporting and
postmortem investigation of deaths, for establishment of
Statewide database, for access to information in Statewide
database, for information in Statewide database, for
disposition and expunction of unfounded reports and general
protective services reports, for disposition of founded and
indicated reports, for expunction of information of
perpetrator who was under 18 years of age when child abuse
was committed and for release of information in confidential
reports, providing for exchange of information for placement,
further providing for amendment or expunction of information,
for investigating performance of county agency, for employees
having contact with children and adoptive and foster parents,
for audits by Attorney General, for reports to Governor and
General Assembly, for penalties, for services for prevention,
investigation and treatment of child abuse, for reports to
department and coroner, for investigation of reports, for
voluntary or court-ordered services and findings of child
abuse and for evidence in court proceedings; and making
editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "expunge" in section 6303(a)
is amended and subsection (b.1)(8)(vi) of Title 23 of the
Pennsylvania Consolidated Statutes is amended to read:
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§ 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:
* * *
["Expunge." To strike out or obliterate entirely so that the
expunged information may not be stored, identified or later
recovered by any mechanical or electronic means or otherwise.]
* * *
(b.1) Child abuse.--The term "child abuse" shall mean
intentionally, knowingly or recklessly doing any of the
following:
* * *
(8) Engaging in any of the following recent acts:
* * *
(vi) [Causing a child to be present at a location
while a] Allowing a child to be present where
methamphetamine is being produced in violation of 18
Pa.C.S. § 7508.2 (relating to operation of
methamphetamine laboratory) [is occurring, provided that
the violation is being investigated by law enforcement].
* * *
Section 2. Sections 6317, 6331(4) and (8), 6335(c)(1), (2)
and (3), 6336(a)(14) and (18), 6337, 6338(b) and (c) and 6338.1
heading, (a) introductory paragraph and (b) of Title 23 are
amended to read:
§ 6317. Mandatory reporting and postmortem investigation of
deaths.
(a) Mandatory reporting.--A person or official required to
report cases of suspected child abuse, including employees of a
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county agency, who has reasonable cause to suspect that a child
died as a result of child abuse shall report that suspicion to
the appropriate coroner or medical examiner. The coroner or
medical examiner shall accept the report for investigation and
shall report his finding to the police, the district attorney,
the appropriate county agency and, if the report is made by a
hospital, the hospital.
(b) Other information.--The coroner or medical examiner
shall provide the appropriate county agency with any
information, as requested by the county agency, relating to the
report under subsection (a) that may assist the county agency in
the investigation.
§ 6331. Establishment of Statewide database.
There shall be established in the department a Statewide
database of protective services, which shall include the
following, as provided by section 6336 (relating to information
in Statewide database):
* * *
(4) Unfounded reports of child abuse [awaiting
expunction].
* * *
(8) Reports alleging the need for general protective
services that have been determined invalid [and are awaiting
expunction].
* * *
§ 6335. Access to information in Statewide database.
* * *
(c) Use by county agency or law enforcement official.--A
county agency or law enforcement official may only request the
information under subsection (a) for the purposes of
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investigating reports of child abuse, assessing allegations that
a child is in need of general protective services, providing
protective services to a child or investigating a crime against
a child criminal offense. The following shall apply where
information is requested pursuant to this section:
(1) A law enforcement official may use information
contained in the Statewide database for the purpose of
investigating a criminal offense as follows:
(i) Information regarding indicated and founded
reports may be used for any purpose authorized by this
chapter.
(i.1) Information regarding a report of suspected
child abuse that has been determined by the county agency
to be unfounded may be used for a period of one year from
the date the determination was made by the county agency
for the purposes of investigating a crime involving harm
or threatened harm to a child, an alleged violation of
section 6319 (relating to penalties for failure to report
or to refer) or 6349 (relating to penalties) or an
alleged violation of 18 Pa.C.S. § 4906.1 (relating to
false reports of child abuse) or 4958 (relating to
intimidation, retaliation or obstruction in child abuse
cases).
(ii) Information on all other reports may be used
for the purposes of investigating a crime involving harm
or threatened harm to a child, an alleged violation of
section 6319 [(relating to penalties for failure to
report or to refer)] or 6349 [(relating to penalties)] or
an alleged violation of 18 Pa.C.S. § 4906.1 [(relating to
false reports of child abuse)] or 4958 [(relating to
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intimidation, retaliation or obstruction in child abuse
cases)].
(2) A county agency may use information contained in the
Statewide database as follows:
(i) Information regarding indicated or founded
reports may be used for any purpose authorized by this
chapter.
(i.1) A report of suspected child abuse that has
been determined by the county agency to be unfounded may
be used for future safety assessments, the evaluation of
the appropriate provision of services and research.
(ii) Information on all other reports may be used
for any purpose authorized by this chapter, except that
information in reports that are not founded or indicated
may not be used as evidence by the county agency when
determining that a new report of suspected abuse is an
indicated report.
(3) The department may use information contained in the
Statewide database as follows:
(i) Information regarding indicated or founded
reports may be used for any purpose authorized by this
chapter.
(i.1) A report of suspected child abuse that has
been determined by the county agency to be unfounded may
be used for future safety assessments, the evaluation of
the appropriate provision of services and research.
(ii) Information on all other reports may be used
for any purpose authorized by this chapter, except that
information in reports that are not founded or indicated
may not be used as evidence by the department when
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determining that a new report of suspected abuse is an
indicated report.
* * *
§ 6336. Information in Statewide database.
(a) Information authorized.--The Statewide database shall
include and shall be limited to the following information:
* * *
(14) Information obtained by the department in relation
to a perpetrator's or school employee's request to release[,
amend or expunge] or amend information retained by the
department or the county agency.
* * *
(18) Unfounded reports of child abuse, limited to the
information authorized under section 6337 (relating to
disposition [and expunction] of unfounded reports and general
protective services reports).
* * *
§ 6337. Disposition [and expunction] of unfounded reports and
general protective services reports.
(a) General rule.--When a report of suspected child abuse is
determined by the appropriate county agency to be an unfounded
report, the information concerning that report of suspected
child abuse shall be maintained [for a period of one year.
Following the expiration of one year after the date the report
was received by the department, the report shall be expunged
from the Statewide database, as soon as possible, but no later
than 120 days after the one-year period following the date the
report was received by the department, and no information other
than that authorized by subsection (b), which shall not include
any identifying information on any subject of the report, shall
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be retained by the department. The expunction shall be mandated
and guaranteed by the department].
(b) Absence of other determination.--If an investigation of
a report of suspected child abuse conducted by the appropriate
county agency pursuant to this chapter does not determine within
60 days of the date of the initial report of the instance of
suspected child abuse that the report is a founded report, an
indicated report or an unfounded report, or unless within that
same 60-day period court action has been initiated and is
responsible for the delay, the report shall be considered to be
an unfounded report[, and all information identifying the
subjects of the report shall be expunged no later than 120 days
following the expiration of one year after the date the report
was received by the department]. The agency shall advise the
department that court action or an arrest has been initiated so
that the Statewide database is kept current regarding the status
of all legal proceedings and [expunction] any amendment is
delayed.
[(c) Unfounded reports accepted for services.--Information
on an unfounded report shall be retained in the Statewide
database if the county agency has accepted the family for
services and the report of suspected child abuse is clearly
identified as an unfounded report. The county agency shall
notify the department immediately upon closure of the case, and
the report shall be expunged as soon as possible, but no later
than 120 days after the one-year period following the date the
family case was closed. If the subject child of the unfounded
report becomes 23 years of age prior to the closure of the
family case, the unfounded report shall be expunged when the
subject child reaches 23 years of age.
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(d) Expunction of valid general protective services
reports.--Information concerning valid general protective
services reports shall be maintained in the Statewide database
as follows:
(1) Reports that are assessed by the county agency and
are determined to be valid, but are not accepted for
services, shall be reported to the department and entered
into the Statewide database. The reports shall be maintained
for a period of ten years or until the youngest child
identified in the most recent general protective services
report attains 23 years of age, whichever occurs first.
Following the expiration of ten years after the date the
report was received by the department or until the youngest
child identified in the most recent general protective
services report attains 23 years of age, whichever occurs
first, the report shall be expunged from the Statewide
database as soon as possible, but no later than 120 days
after the ten-year period following the date the report was
received by the department or the youngest child identified
in the most recent general protective services report attains
23 years of age, whichever occurs first.
(2) Reports that are assessed by the county agency and
accepted for services shall be reported to the department,
except as otherwise provided in subsection (f)(2), and
entered into the Statewide database. The reports shall be
maintained for a period of ten years after the closure of
services by the county agency or until the youngest child
identified in the most recent general protective services
report attains 23 years of age, whichever occurs first.
Following the expiration of ten years after the closure of
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services by the county agency or until the youngest child
identified in the most recent general protective services
report attains 23 years of age, whichever occurs first, the
report shall be expunged from the Statewide database as soon
as possible, but no later than 120 days after the ten-year
period following the closure of services by the county agency
or the youngest child identified in the most recent general
protective services report attains 23 years of age, whichever
occurs first.
(3) The expunction of information on general protective
services under this subsection shall be mandated and
guaranteed by the department.]
(e) [Expunction of invalid] Invalid general protective
services reports.--When a report alleging the need for general
protective services is determined by the appropriate county
agency to be an invalid report, the information concerning that
report [shall be maintained for a period of one year. Following
the expiration of one year after the date the report was
received by the department, the report shall be expunged as soon
as possible, but no later than 120 days after the one-year
period following the date the report was received by the
department. The expunction shall be mandated and guaranteed by
the department.] may be maintained to assist in future risk and
safety assessments and research.
(f) County agency records.--Information concerning
protective services reports shall be maintained by a county
agency [as follows:
(1)]. County agency records of protective services shall
be used and maintained in a manner that is consistent with
the use and maintenance of information in the Statewide
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database, as provided under this chapter[, except as
otherwise provided in paragraph (2)]. If required under this
chapter to amend [or expunge] information in the Statewide
database, the department shall notify the appropriate county
agency of the amendment [or expungement] within ten days. The
county agency shall amend [or expunge] its records in a
commensurate manner within ten days of receiving notification
from the department.
[(2) A county agency may maintain information regarding
protective services reports that have been expunged in the
Statewide database for access by the county agency to assist
in future risk and safety assessments and research.]
§ 6338. Disposition of founded and indicated reports.
* * *
[(b) Expunction of information when child attains 23 years
of age.--Except as provided in subsection (c), all information
which identifies the subjects of founded and indicated child
abuse reports shall be expunged when the subject child reaches
the age of 23. The expunction shall be mandated and guaranteed
by the department.]
(c) Retention of information.--The Statewide database shall
indefinitely retain the names of perpetrators of child abuse and
school employees who are subjects of founded or indicated
reports only if the individual's Social Security number or date
of birth is known to the department. [The entry in the Statewide
database shall not include identifying information regarding
other subjects of the report.]
§ 6338.1. [Expunction] Amendment of information of perpetrator
who was under 18 years of age when child abuse was
committed.
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(a) General rule.--[The name of a] A perpetrator who is the
subject of an indicated report of child abuse and who was under
18 years of age when the individual committed child abuse shall
[be expunged from the Statewide database when] not be considered
an indicated perpetrator after the individual reaches 21 years
of age or [when] after five years have elapsed since the
perpetrator's name was added to the database, whichever is
later, if the individual meets all of the following:
* * *
(b) Mandated [expunction] change of status.--If the
perpetrator meets all of the requirements under subsection (a),
[the expunction shall be mandated and guaranteed by] the
department shall guarantee the report is changed to unfounded
and shall maintain the unfounded report in accordance with
section 6335(c) (relating to access to information in Statewide
database).
* * *
Section 3. Section 6340(a) of Title 23 is amended by adding
a paragraph and subsection (d) is amended 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:
* * *
(19) The Office of State Inspector General in
conjunction with an investigation and a report involving the
department under section 503-A of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929.
Access to reports under this paragraph shall not include
information prohibited from disclosure under Federal law or
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the identity of a subject child or a subject child's family
member or guardian. Nothing in this paragraph shall be
construed to prohibit the use of a unique identifier to
assist with an investigation and a report involving the
department under section 503-A of The Administrative Code of
1929.
* * *
(d) Exclusion of information.--Except as provided under
section 6341(c.2)(4) (relating to amendment [or expunction] of
information), information maintained in the Statewide database
obtained from an investigating agency in relation to an appeal
request shall not be released to any person except a department
official. Information in the Statewide database or a
confidential report provided under section 6341(c.2)(4) shall be
subject to subsection (c).
Section 4. Title 23 is amended by adding a section to read:
§ 6340.2. Exchange of information for placement.
(a) Substantiated reports.--The Juvenile Court Judges'
Commission, judges with placement decision authority in
dependency and delinquency matters, chief juvenile probation
officers and child county welfare administrators shall receive a
notice from the department that provides a basis for the
substantiated outcome of an indicated or a founded report if the
incident occurred in a child residential facility or child day
treatment center, an approved foster or preadoptive home or a
facility operated by the department's Bureau of Juvenile Justice
Services.
(b) Quarterly reports.--The department shall prepare and
provide a quarterly report to the Juvenile Court Judges'
Commission, judges with placement decision authority in
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dependency and delinquency matters, chief juvenile probation
officers and child county welfare administrators. The quarterly
report shall include the total number of child abuse reports and
the total number of substantiated reports of abuse for the
preceding quarter for all child residential facilities, child
day treatment centers, approved foster or preadoptive homes and
facilities operated by the department's Bureau of Juvenile
Justice Services.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Child day treatment center." Unless exempted by regulation,
a premises or part of a premises that is operated for a portion
of a 24-hour day in which alternative education, intervention or
support programs are provided to a child to prevent the child's
placement in a more restrictive setting or to facilitate a
child's reunification with the child's family. The term does not
include any of the following:
(1) A mental health outpatient facility or partial
hospitalization facility.
(2) A drug and alcohol outpatient facility.
(3) A facility that provides only aftercare services
after the regular hours of education.
"Child residential facility." Unless exempted by regulation,
a premises or part of a premises that is operated in a 24-hour
living setting in which care is provided for a child who is not
a relative of the facility operator.
Section 5. Sections 6341 heading, (a)(1) and (2), (b), (c),
(c.1), (e) and (f), 6343(c)(1), (3) and (4), 6344(d)(1) and (2),
6345 and 6347 of Title 23 are amended to read:
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§ 6341. Amendment [or expunction] of information.
(a) General rule.--Notwithstanding section 6338.1 (relating
to [expunction] amendment of information of perpetrator who was
under 18 years of age when child abuse was committed):
(1) At any time, the secretary may amend [or expunge]
any record in the Statewide database under this chapter upon
good cause shown and notice to the appropriate subjects of
the report. The request shall be in writing in a manner
prescribed by the department. For purposes of this paragraph,
good cause shall include, but is not limited to, the
following:
(i) Newly discovered evidence that an indicated
report of child abuse is inaccurate or is being
maintained in a manner inconsistent with this chapter.
(ii) A determination that the perpetrator in an
indicated report of abuse no longer represents a risk of
child abuse and that no significant public purpose would
be served by the continued listing of the person as a
perpetrator in the Statewide database.
(2) Any person named as a perpetrator, and any school
employee named, in an indicated report of child abuse may,
within 90 days of being notified of the status of the report,
request an administrative review by, or appeal and request a
hearing before, the secretary to amend [or expunge] an
indicated report on the grounds that it is inaccurate or it
is being maintained in a manner inconsistent with this
chapter. The request shall be in writing in a manner
prescribed by the department.
* * *
(b) Review of grant of request.--If the secretary grants the
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request under subsection (a)(2), the Statewide database,
appropriate county agency, appropriate law enforcement officials
and all subjects shall be so advised of the decision. The county
agency and any subject have 90 days in which to file an
administrative appeal with the secretary. If an administrative
appeal is received, the secretary or [his] the secretary's
designated agent shall schedule a hearing pursuant to Article IV
of the act of June 13, 1967 (P.L.31, No.21), known as the
[Public Welfare] Human Services Code, attending departmental
regulations. If no administrative appeal is received within the
designated time period, the Statewide database shall comply with
the decision of the secretary and advise the county agency to
amend [or expunge] the information in their records so that the
records are consistent at both the State and local levels.
(c) Review of refusal of request.--Subject to subsection
(c.1), if the secretary refuses a request under subsection (a)
(1) or a request for administrative review under subsection (a)
(2), or does not act within the prescribed time, the perpetrator
or school employee shall have the right to appeal and request a
hearing before the secretary to amend [or expunge] an indicated
report on the grounds that it is inaccurate or it is being
maintained in a manner inconsistent with this chapter. The
request for hearing must be made within 90 days of notice of the
decision. The appropriate county agency and appropriate law
enforcement officials shall be given notice of the hearing. The
burden of proof under subsection (a)(1) shall be on the
perpetrator or school employee. The burden of proof in the
hearing under subsection (a)(2) shall be on the appropriate
county agency. The department shall assist the county agency as
necessary.
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(c.1) Founded reports.--A person named as a perpetrator in a
founded report of child abuse [must provide] may have the report
changed to an indicated report if the person provides any of the
following information to the department [a]:
(1) A court order indicating that the underlying
adjudication that formed the basis of the founded report has
been reversed or vacated.
(2) Evidence of the successful completion of an
Accelerated Rehabilitative Disposition program and removal of
the related charge from the criminal report.
* * *
(e) Order.--The secretary or designated agent may make any
appropriate order respecting the amendment [or expunction] of
such records to make them accurate or consistent with the
requirements of this chapter.
(f) Notice of [expunction] amendment.--Written notice of an
[expunction] an amendment of any child abuse record made
pursuant to the provisions of this chapter shall be served upon
the subject of the record who was responsible for the abuse or
injury and the appropriate county agency. Except as provided in
this subsection, the county agency, upon receipt of the notice,
shall take appropriate, similar action in regard to the local
child abuse records and inform, for the same purpose, the
appropriate coroner if that officer has received reports
pursuant to section 6367 (relating to reports to department and
coroner). Whenever the county agency investigation reveals,
within 60 days of receipt of the report of suspected child
abuse, that the report is unfounded but that the subjects need
services provided or arranged by the county agency, the county
agency shall retain those records and shall specifically
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identify that the report was an unfounded report of suspected
child abuse. [An unfounded report regarding subjects who receive
services shall be expunged no later than 120 days following the
expiration of one year after the termination or completion of
services provided or arranged by the county agency.]
* * *
§ 6343. Investigating performance of county agency.
* * *
(c) Department reviews and reports of child fatalities and
near fatalities.--
(1) The department shall conduct a child fatality and
near fatality review and provide a written report on any
child fatality or near fatality, if child abuse is suspected.
The department shall summarize:
(i) the circumstances of the child's fatality or
near fatality;
(ii) the nature and extent of its review;
(iii) statutory and regulatory compliance by the
county agency in the county where:
(A) the fatality or near fatality occurred; and
(B) the child resided within the 16 months
preceding the fatality or near fatality; and
(iv) [its] the findings[; and
(v) recommendations for reducing the likelihood of
future child fatalities and near fatalities resulting
from child abuse].
* * *
(3) Prior to completing its report, the department may
release the following information to the public concerning a
child who died or nearly died as a result of suspected or
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substantiated child abuse:
[(i) The identity of the child, only in the case of
a child's fatality.]
(ii) If the child was in the custody of a public or
private agency, the identity of the agency.
(iii) The identity of the public or private agency
under contract with a county agency to provide services
to the child and the child's family in the child's home
prior to the child's death or near fatality.
(iv) A description of services provided under
subparagraph (iii).
(v) The identity of the county agency that convened
a child fatality or near fatality review team with
respect to the child.
(4) Upon completion of the review and report, the
department's child fatality or near fatality report shall be
made available to the county agency, the child fatality or
near fatality review team and designated county officials
under section 6340(a)(11) (relating to release of information
in confidential reports). The report shall be made available,
upon request, to other individuals to whom confidential
reports may be released, as specified by section 6340. The
department's report shall be made available to the public,
but identifying information shall be removed from the
contents of the report except for disclosure of: [the
identity of a deceased child;] if the child was in the
custody of a public or private agency, the identity of the
agency; the identity of the public or private agency under
contract with a county agency to provide services to the
child and the child's family in the child's home prior to the
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child's death or near fatality; and the identity of any
county agency that convened a child fatality or near fatality
review team in respect to the child. The report shall not be
released to the public if the district attorney certifies
that release of the report may compromise a pending criminal
investigation or proceeding. Certification by the district
attorney shall stay the release of the report for a period of
60 days, at which time the report shall be released unless a
new certification is made by the district attorney.
§ 6344. Employees having contact with children; adoptive and
foster parents.
* * *
(d) Prospective adoptive or foster parents.--With regard to
prospective adoptive or prospective foster parents, the
following shall apply:
(1) In the course of causing an investigation to be made
pursuant to section 2535(a) (relating to investigation), an
agency or person designated by the court to conduct the
investigation shall require prospective adoptive parents and
any individual over the age of 18 years residing in the home
to submit the information set forth in subsection (b) for
review in accordance with this section. If a prospective
adoptive parent, or any individual over 18 years of age
residing in the home, has resided outside this Commonwealth
at any time within the previous five-year period, the agency
or person designated by the court shall require that person
to submit a certification obtained within the previous one-
year period from the Statewide [central registry] database,
or its equivalent in each state in which the person has
resided within the previous five-year period, as to whether
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the person is named as a perpetrator of child abuse. If the
certification shows that the person is named as a perpetrator
of child abuse within the previous five-year period, the
agency or person designated by the court shall forward the
certification to the department for review. The agency or
person designated by the court shall not approve the
prospective adoptive parent if the department determines that
the person is named as the equivalent of a perpetrator of a
founded report of child abuse within the previous five-year
period.
(2) In the course of approving a prospective foster
parent, a foster family care agency shall require prospective
foster parents and any individual over the age of 18 years
residing in the home to submit the information set forth in
subsection (b) for review by the foster family care agency in
accordance with this section. If a prospective foster parent,
or any individual over 18 years of age residing in the home,
has resided outside this Commonwealth at any time within the
previous five-year period, the foster family care agency
shall require that person to submit a certification obtained
within the previous one-year period from the Statewide
central [registry] 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 of
child abuse. If the certification shows that the person is
named as a perpetrator of child abuse within the previous
five-year period, the foster family care agency shall forward
the certification to the department for review. The foster
family care agency shall not approve the prospective foster
parent if the department determines that the person is named
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as the equivalent of a perpetrator of a founded report of
child abuse within the previous five-year period. In
addition, the foster family care agency shall consider the
following when assessing the ability of applicants for
approval as foster parents:
* * *
§ 6345. Audits by Attorney General.
The Attorney General shall conduct a mandated audit done
randomly but at least once during each year on an unannounced
basis to ensure that the [expunction] amendment requirements of
this chapter are being fully and properly conducted.
§ 6347. Reports to Governor and General Assembly.
(a) General rule.--No later than May 1 of every year, the
secretary shall prepare and transmit to the Governor and the
General Assembly a report on the operations of the Statewide
database and protective services provided by county agencies.
The report shall include a full statistical analysis of the
reports of suspected child abuse made to the department and the
reports of general protective services made to the department or
county agencies, together with a report on the implementation of
this chapter and its total cost to the Commonwealth, the
evaluation of the secretary of services offered under this
chapter and recommendations for repeal or for additional
legislation to fulfill the purposes of this chapter. All such
recommendations should contain an estimate of increased or
decreased costs resulting therefrom. The report shall also
include an explanation of services provided to children who were
the subjects of founded or indicated reports while receiving
child-care services. The department shall also describe its
actions in respect to the perpetrators of the abuse. The
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secretary shall include, if available, relevant demographic
information for the reports of suspected child abuse made to the
department and the reports of general protective services made
to the department or county agencies.
(b) Reports from county agencies.--To assist the department
in preparing its annual report and the quarterly reports
required under subsection (c), each county agency shall submit a
quarterly report to the department, including, at a minimum, the
following information, on an aggregate basis, regarding general
protective services and child protective services:
(1) The number of referrals received and referrals
accepted.
(2) The number of children over whom the agency
maintains continuing supervision.
(3) The number of cases which have been closed by the
agency.
(4) The services provided to children and their
families.
(5) A summary of the findings with nonidentifying
information about each case of child abuse or neglect which
has resulted in a child fatality or near fatality.
(6) Relevant demographic information, if available, for
the information specified under paragraphs (1), (2), (3), (4)
and (5).
(c) Quarterly reports.--
(1) The department shall prepare and transmit to the
Governor and the General Assembly [a] quarterly [report]
reports that [includes a summary of the findings with
nonidentifying information about each case of child abuse or
neglect that has resulted in a child fatality or near
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fatality.] provide aggregate data on substantiated child
fatality and near fatality reports, including all of the
following:
(i) The number of reports.
(ii) The type of abuse.
(iii) The age of the victim child at the time of the
incident.
(iv) The relationship of the perpetrator to the
victim child.
(v) If the victim child was known to the child
welfare system within the last sixteen months.
(2) One of the quarterly reports may be included within
the annual report required under subsection (a).
(d) Reporting to standing committees.--
(1) No less than twice annually, the Secretary or the
Deputy Secretary of the Office of Children, Youth and
Families of the department shall appear in person before the
Aging and Youth Committee and the Appropriations Committee of
the Senate and the Children and Youth Committee and the
Appropriations Committee of the House of Representatives to
discuss all of the following:
(i) The previous two quarterly reports provided
under subsection (c).
(ii) Issues relating to the provisions of this
chapter and child protection in this Commonwealth
generally.
(2) The chairperson and minority chairperson of the
Aging and Youth Committee of the Senate, the chairperson and
minority chairperson of the Appropriations Committee of the
Senate, the chairperson and minority chairperson of the
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Children and Youth Committee of the House of Representatives
and the chairperson and minority chairperson of the
Appropriations Committee of the House of Representatives may,
upon agreement of all chairpersons and minority chairpersons
and in writing to the secretary, waive the in-person meeting
under paragraph (1).
Section 6. Sections 6349(a) of Title 23 is amended to read:
§ 6349. Penalties.
(a) Failure to amend [or expunge] information.--
(1) A person or official authorized to keep the records
mentioned in section 6337 (relating to disposition [and
expunction] of unfounded reports and general protective
services reports) or 6338 (relating to disposition of founded
and indicated reports) who willfully fails to amend [or
expunge] the information when required commits a misdemeanor
of the third degree for the first violation and a misdemeanor
of the second degree for a second or subsequent violation.
(2) A person who willfully fails to obey a final order
of the secretary or designated agent of the secretary to
amend [or expunge] the summary of the report in the Statewide
database or the contents of any report filed pursuant to
section 6313 (relating to reporting procedure) commits a
misdemeanor of the third degree.
Section 7. Section 6365(d) and (e) of Title 23, amended June
30, 2021 (P.L., No.42), are amended and the section is amended
by adding a subsection to read:
§ 6365. Services for prevention, investigation and treatment of
child abuse.
* * *
(d) Child fatality or near fatality review team and written
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report.--
(1) A child fatality or near fatality review team shall
be convened by a county agency in accordance with a protocol
developed by the county agency, the department and the
district attorney in a case when a child dies or nearly dies
as a result of child abuse as to which there is an indicated
report or when the county agency has not made a status
determination within 30 days. The team may convene after a
county agency makes a determination of an indicated report
and shall convene no later than [31] 60 days from the receipt
of the oral report to the department of the suspected child
abuse. A county agency in the county where the abuse occurred
and in any county where the child resided within the 16
months preceding the fatality or near fatality shall convene
a child fatality or near fatality review team. A team shall
consist of at least six individuals who are broadly
representative of the county where the team is established
and who have expertise in prevention and treatment of child
abuse. With consideration given to the circumstances of each
case and availability of individuals to serve as members, the
team may consist of the following individuals:
(i) A staff person from the county agency.
(ii) A member of the advisory committee of the
county agency.
(iii) A health care professional.
(iv) A representative of a local school, educational
program or child care or early childhood development
program.
(v) A representative of law enforcement or the
district attorney.
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(vi) An attorney-at-law trained in legal
representation of children or an individual trained under
42 Pa.C.S. § 6342 (relating to court-appointed special
advocates).
(vii) A mental health professional.
(viii) A representative of a children's advocacy
center that provides services to children in the county.
The individual under this subparagraph must not be an
employee of the county agency.
(ix) The county coroner or forensic pathologist.
(x) A representative of a local domestic violence
program.
(xi) A representative of a local drug and alcohol
program.
(xii) An individual representing parents.
(xiii) Any individual whom the county agency or
child fatality or near fatality review team determines is
necessary to assist the team in performing its duties.
(1.1) A county agency may convene a regional review team
that meets all of the requirements under paragraph (1) to
satisfy the county agency's responsibilities under this
subsection.
(2) Members of the team shall be responsible for all of
the following:
(i) Maintaining confidentiality of information under
sections 6339 (relating to confidentiality of reports)
and 6340.
(ii) Providing and discussing relevant case-specific
information.
(iii) Attending and participating in all meetings
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and activities as required.
(iv) Assisting in the development of the report
under paragraph (4)(v).
(3) The county agency, in accordance with the protocol
and in consultation with the team, shall appoint an
individual who is not an employee of the county agency to
serve as chairperson.
(4) The team shall perform the following:
(i) Review the circumstances of the child's fatality
or near fatality resulting from suspected or
substantiated child abuse.
(ii) Review the delivery of services to the abused
child and the child's family provided by the county
agency and review services provided to the perpetrator by
the county agency in each county where the child and
family resided within the 16 months preceding the
fatality or near fatality and the services provided to
the child, the child's family and the perpetrator by
other public and private community agencies or
professionals. This subparagraph includes law
enforcement, mental health services, programs for young
children and children with special needs, drug and
alcohol programs, local schools and health care
providers.
(iii) Review relevant court records and documents
related to the abused child and the child's family.
(iv) Review the county agency's compliance with
statutes and regulations and with relevant policies and
procedures of the county agency.
(v) Within [90] 60 days of convening, submit a final
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written report on the child fatality or near fatality to
the department and designated county officials under
section 6340(a)(11). Within 30 days after submission of
the report to the department, the report shall be made
available, upon request, to other individuals to whom
confidential reports may be released, as specified by
section 6340. The report shall be made available to the
public, but identifying information shall be removed from
the contents of the report except for [disclosure of: the
identity of a deceased child;] the following: if the
child was in the custody of a public or private agency,
the identity of the agency; the identity of the public or
private agency under contract with a county agency to
provide services to the child and the child's family in
the child's home prior to the child's death or near
fatality; and the identity of any county agency that
convened a child fatality or near fatality review team in
respect to the child. The report shall not be released to
the public if the district attorney certifies that
release of the report may compromise a pending criminal
investigation or proceeding. Certification by the
district attorney shall stay the release of the report
for a period of 60 days, at which time the report shall
be released unless a new certification is made by the
district attorney. The report shall include:
(A) Deficiencies and strengths in:
(I) compliance with statutes and
regulations; and
(II) services to children and families.
(B) Recommendations for changes at the State and
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local levels on:
(I) reducing the likelihood of future child
fatalities and near fatalities directly related
to child abuse and neglect;
(II) monitoring and inspection of county
agencies; and
(III) collaboration of community agencies
and service providers to prevent child abuse and
neglect.
* * *
[(e) Response by department.--Within 45 days of receipt of a
report of a child fatality or near fatality under subsection
(d), the department shall review the findings and
recommendations of the report and provide a written response to
the county agency and the child fatality review team or near
fatality review team. The department's response to the report of
the child fatality or near fatality review team shall be made
available, upon request, to other individuals to whom
confidential reports may be released, as specified by section
6340. The department's response shall be made available to the
public, but identifying information shall be removed from the
contents of the response, except for disclosure of: the identity
of a deceased child; if the child was in the custody of a public
or private agency, the identity of the agency; the identity of
the public or private agency under contract with a county agency
to provide services to the child and the child's family in the
child's home prior to the child's death or near fatality; and
the identity of any county agency that convened a child fatality
or near fatality review team in respect to the child. The
response shall not be released to the public if the district
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attorney certifies that release of the response may compromise a
pending criminal investigation or proceeding. Certification by
the district attorney shall stay the release of the report for a
period of 60 days, at which time the report shall be released
unless a new certification is made by the district attorney.]
(e.1) Reviews by department.--
(1) The department shall conduct a review of child
fatality and near fatality reports and data required under
subsection (d)(4) on a continual basis and make an annual
data summary report available on the department's publicly
accessible Internet website.
(2) The review under paragraph (1) shall include
recommendations for prevention efforts on the State and local
levels.
(3) The department may convene a multidisciplinary team
with members who are broadly representative of this
Commonwealth and who have expertise in the prevention and
treatment of child abuse. Members of the team under this
paragraph may review confidential information under section
6339 only to the extent the confidential information is
required to complete the review.
* * *
Section 8. Sections 6367(b), 6368(d), (f) and (l), 6370(b)
and 6381(a) of Title 23 are amended to read:
§ 6367. Reports to department and coroner.
* * *
(b) Reports to coroner or medical examiner.--
(1) The county agency shall give telephone notice and
forward immediately a copy of reports made pursuant to this
chapter which involve the death of a child to the appropriate
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coroner or medical examiner pursuant to section 6317
(relating to mandatory reporting and postmortem investigation
of deaths).
(2) The county agency shall provide the appropriate
coroner or medical examiner with any information relating to
the reports made pursuant to this chapter which involve the
death of a child that may assist the coroner or medical
examiner in the investigation of the child's death.
* * *
§ 6368. Investigation of reports.
* * *
(d) Investigative actions.--During the investigation, all of
the following shall apply:
(1) The county agency shall provide or arrange for
services necessary to protect the child while the agency is
making a determination under this section.
(2) If the investigation indicates bodily injury, the
county agency may require that a medical examination by a
certified medical practitioner be performed on the child.
(3) Where there is reasonable cause to suspect that
there is a history of prior or current abuse, the medical
practitioner has the authority to arrange for further medical
tests or the county agency has the authority to request
further medical tests.
(4) The investigation shall include interviews with all
subjects of the report, including the alleged perpetrator. If
a subject of the report is not able to be interviewed or
cannot be located, the county agency shall document its
reasonable efforts to interview the subject and the reasons
for its inability to interview the subject. The interview may
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be reasonably delayed if notice of the investigation has been
delayed pursuant to subsection (m).
(5) If there is evidence in the investigation that
substance use may be a contributing factor causing the
alleged abuse or neglect, the county agency may seek a court
order to compel appropriate drug and alcohol screening.
* * *
(f) Final determination.--Immediately upon conclusion of the
child abuse investigation, the county agency shall provide the
results of its investigation to the department in a manner
prescribed by the department. Within three business days of
receipt of the results of the investigation from the county
agency, the department shall send notice of the final
determination to the subjects of the report, other than the
abused child. The determination shall include the following
information:
(1) The status of the report.
(2) The perpetrator's right to request the secretary to
amend [or expunge] the report.
(3) The right of the subjects of the report to services
from the county agency.
(4) The effect of the report upon future employment
opportunities involving children.
(5) The fact that the name of the perpetrator, the
nature of the abuse and the final status of a founded or
indicated report will be entered in the Statewide database,
if the perpetrator's Social Security number or date of birth
are known.
(6) The perpetrator's right to file an appeal of an
indicated finding of abuse pursuant to section 6341 (relating
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to amendment [or expunction] of information) within 90 days
of the date of notice.
(7) The perpetrator's right to a fair hearing on the
merits on an appeal of an indicated report filed pursuant to
section 6341.
(8) The burden on the investigative agency to prove its
case by substantial evidence in an appeal of an indicated
report.
* * *
(l) Notice of investigation.--
(1) Prior to interviewing a subject of a report, the
county agency shall orally notify the subject, except for the
alleged victim, who is about to be interviewed of the
following information:
(i) The existence of the report.
(ii) The subject's rights under 42 Pa.C.S. §§ 6337
(relating to right to counsel) and 6338 (relating to
other basic rights).
(iii) The subject's rights pursuant to this chapter
in regard to amendment [or expungement].
(iv) The subject's right to have an attorney present
during the interview.
(2) Written notice shall be given to the subject within
72 hours following oral notification, unless delayed as
provided in subsection (m).
* * *
§ 6370. Voluntary or court-ordered services; findings of child
abuse.
* * *
(b) Initiation of court proceeding.--
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(1) In those cases in which an appropriate offer of
service is refused and the county agency determines that the
best interests of the child require court action, the county
agency shall initiate the appropriate court proceeding. The
county agency shall assist the court during all stages of the
court proceeding in accordance with the purposes of this
chapter.
(2) (i) If the county agency deems it appropriate in a
dependency or delinquency proceeding, including an instance
in which the alleged perpetrator has access or poses a threat
to a child, the county agency may petition the court under 42
Pa.C.S. Ch. 63 (relating to juvenile matters) for a finding
of child abuse.
(ii) If the court makes a specific finding that
child abuse as defined by this chapter has not occurred,
the county agency shall consider the court's finding to
be a determination that the report of suspected abuse was
an unfounded report. The county agency shall immediately
notify the department of the change in the status of the
report from an indicated report to an unfounded report.
Upon notice, the department shall be responsible for
[expunging] amending the indicated report consistent with
the [expunction] amendment requirements of this chapter.
[(iii) If there is a determination that the subjects
of the unfounded report need services provided or
arranged by the county agency, the county agency may
retain those records only if it specifically identifies
the report as an unfounded report of suspected child
abuse.]
§ 6381. Evidence in court proceedings.
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(a) General rule.--In addition to the rules of evidence
provided under 42 Pa.C.S. Ch. 63 (relating to juvenile matters),
the rules of evidence in this section shall govern in child
abuse proceedings in court or in any department administrative
hearing pursuant to section 6341 (relating to amendment [or
expunction] of information).
* * *
Section 9. This act shall take effect in 180 days.
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