AN ACT

 

1Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
2act to consolidate, editorially revise, and codify the public
3welfare laws of the Commonwealth," in departmental powers and
4duties as to supervision and licensing, further providing for
5definitions; and providing for child abuse recognition and
6reporting training.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 901 of the act of June 13, 1967 (P.L.31, 
10No.21), known as the Public Welfare Code, is amended by adding 
11definitions to read:

12Section 901. Definitions.--As used in this article--

13"Abuse" means conduct that falls under the purview and
14reporting requirements of 23 Pa.C.S. Ch. 63 (relating to child
15protective services) and is directed toward or against a child
16under eighteen years of age.

17* * *

1"Direct contact with children" means the possibility of care,
2supervision, guidance or control of children or routine
3interaction with children.

4* * *

5"Operator" means an executive or facility director. The term
6does not include a person who is not involved in managerial
7decisions related to the provision of services for or care of
8children with regard to any of the following:

9(1) Personnel.

10(2) Policy and procedures.

11(3) Regulatory compliance.

12(4) Services related to the general or medical care of
13children.

14(5) Supervision of children.

15(6) Safety of children.

16* * *

17Section 2.  The act is amended by adding a section to read:

18Section 917.  Child Abuse Recognition and Reporting
19Training.--Operators of institutions, facilities or agencies
20which care for children and are subject to supervision by the
21department under this article and their employes who have direct
22contact with children <-and foster parents shall be required to
23receive child abuse recognition and reporting training. The
24following shall apply:

25(1)  Within six months of the effective date of this section,
26operators shall receive three hours of training prior to the
27issuance of a license or approval and three hours of training
28every five years thereafter.

29(2)  Employes who have direct contact with children and
30foster parents shall receive three hours of training within six

1months of the issuance of a license or approval and three hours
2of training every five years thereafter. New employes and new
3foster parents shall receive three hours of training within
4ninety days of hire <-or approval as a foster parent and three
5hours of training every five years thereafter.

6(3)  Training curriculum shall be approved by the department
7and shall address, but not be limited to the following:

8(i)  Recognition of the signs of abuse and reporting
9requirements for suspected abuse in this Commonwealth.

10(ii)  The facility's or agency's policies related to
11reporting of suspected abuse.

<-12(4) A person may be exempted from the requirements of this
13section if all of the following apply:

14(i) The person provides documentation that the person has
15already completed child abuse recognition and reporting
16training.

17(ii) The training was:

18(A) required by section 1205.6 of the act of March 10, 1949
19(P.L.30, No.14), known as the "Public School Code of 1949," and
20the training program was approved by the Department of Education
21in consultation with the Department of Public Welfare; or

22(B) required by 23 Pa.C.S. Ch. 63 (relating to child
23protective services) and the training program was approved by
24the Department of Public Welfare.

25(iii) The amount of training received equals or exceeds the
26amount of training required by this section.

27Section 3. Section 1001 of the act is amended by adding
28definitions to read:

29Section 1001. Definitions.--As used in this article--

30"Abuse" means conduct that falls under the purview and

1reporting requirements of 23 Pa.C.S. Ch. 63 (relating to child
2protective services) and is directed toward or against a child
3under eighteen years of age.

4* * *

5"Direct contact with children" means the possibility of care,
6supervision, guidance or control of children or routine
7interaction with children.

8* * *

9"Operator" means an executive or facility director. The term
10does not include a person who is not involved in managerial
11decisions related to the provision of services for or care of
12children with regard to any of the following:

13(1) Personnel.

14(2) Policy and procedures.

15(3) Regulatory compliance.

16(4) Services related to the general or medical care of
17children.

18(5) Supervision of children.

19(6) Safety of children.

20* * *

21Section 4. The act is amended by adding a section to read:

22Section 1022.  Child Abuse Recognition and Reporting 
23Training.--Operators of facilities and agencies which care for 
24children and are subject to licensure by the department under 
25this article and their employes who have direct contact with 
26children shall be required to receive child abuse recognition 
27and reporting training. The following shall apply:

28(1)  Within six months of the effective date of this section,
29operators shall receive three hours of training prior to the
30issuance of a license and three hours of training every five

1years thereafter.

2(2)  Employes who have direct contact with children shall
3receive three hours of training within six months of the
4issuance of a license and three hours of training every five
5years thereafter. New employes shall receive three hours of
6training within ninety days of hire and three hours of training
7every five years thereafter.

8(3)  Training curriculum shall be approved by the department
9and shall address, but not be limited to, the recognition of the
10signs of abuse and reporting requirements for suspected abuse in
11this Commonwealth.

<-12(4) A person may be exempted from the requirements of this
13section, if all of the following apply:

14(i) The person provides documentation that the person has
15already completed child abuse recognition and reporting
16training.

17(ii) The training was:

18(A) required by section 1205.6 of the act of March 10, 1949
19(P.L.30, No.14), known as the "Public School Code of 1949," and
20the training program was approved by the Department of Education
21in consultation with the Department of Public Welfare; or

22(B) required by 23 Pa.C.S. Ch. 63 (relating to child
23protective services) and the training program was approved by
24the Department of Public Welfare.

25(iii) The amount of training received equals or exceeds the
26amount of training required by this section.

27Section 5. Section 1070 of the act is amended by adding
28definitions to read:

29Section 1070. Definitions.--As used in this article.--

30"Abuse" means conduct that falls under the purview and

1reporting requirements of 23 Pa.C.S. Ch. 63 (relating to child
2protective services) and is directed toward or against a child
3under eighteen years of age.

4* * *

5"Direct contact with children" means the possibility of care,
6supervision, guidance or control of children or routine
7interaction with children.

8* * *

9Section 6. The act is amended by adding a section to read:

10Section 1076.1.  Child Abuse Recognition and Reporting 
11Training.--Caregivers in family day care homes which are subject 
12to registration by the department under this subarticle and 
13their employes who have direct contact with children shall be 
14required to receive child abuse recognition and reporting 
15training. The following shall apply:

16(1)  Within six months of the effective date of this section,
17caregivers shall receive three hours of training prior to the
18issuance of a registration certificate and three hours of
19training every five years thereafter.

20(2)  Employes who have direct contact with children shall
21receive three hours of training within six months of the
22issuance of a registration certificate and three hours of
23training every five years thereafter. New employes shall receive
24three hours of training within ninety days of hire and three
25hours of training every five years thereafter.

26(3)  Training curriculum shall be approved by the department
27and shall address, but not be limited to, the recognition of the
28signs of abuse and reporting requirements for suspected abuse in
29this Commonwealth.

<-30(4) A person may be exempted from the requirements of this

1section if all of the following apply:

2(i) The person provides documentation that the person has
3already completed child abuse recognition and reporting
4training.

5(ii) The training was:

6(A) required by section 1205.6 of the act of March 10, 1949
7(P.L.30, No.14), known as the "Public School Code of 1949," and
8the training program was approved by the Department of Education
9in consultation with the Department of Public Welfare; or

10(B) required by 23 Pa.C.S. Ch. 63 (relating to child
11protective services) and the training program was approved by
12the Department of Public Welfare.

13(iii) The amount of training received equals or exceeds the
14amount of training required by this section.

15Section 7. This act shall take effect in 60 days.

 

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