1Amending Title 23 (Domestic Relations) of the Pennsylvania 
2Consolidated Statutes, in provisions and responsibilities for 
3reporting suspected child abuse, further providing for 
4definitions and for persons required to report suspected 
5child abuse; providing for privileged communications; further 
6providing for persons permitted to report suspected child 
7abuse, for reporting procedure, for documentary evidence on a 
8child subject to report and for taking child into protective 
9custody; and, in organization and responsibilities of child 
10protective service, repealing provisions relating to taking 
11child into protective custody.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

14Section 1. Section 6303(a) of Title 23 of the Pennsylvania 
15Consolidated Statutes is amended by adding definitions to read:

16§ 6303. Definitions.

17(a) General rule.--The following words and phrases when used
18in this chapter shall have the meanings given to them in this
19section unless the context clearly indicates otherwise:

20* * *

<-1"Adult." An individual 18 years of age or older.

2* * *

3"Direct contact with children." The care, supervision,
4guidance or control of children, or routine interaction with
5children.

6* * *

7"Independent contractor." An individual who provides a
8program, activity or service to an agency, institution,
9organization or other entity, including a school or regularly
10established religious organization, that is responsible for the
11care, supervision, guidance or control of children. The term
12does not include an individual who has no direct contact with
13children.

14* * *

15"Mandated reporter." A person who is required by this
16chapter to make a report of suspected child abuse.

17* * *

18"Program, activity or service." A public or private
19educational, athletic or other pursuit in which children
20participate. The term includes, but is not limited to, the
21following:

22(1) A youth camp or program.

23(2) A recreational camp or program.

24(3) A sports or athletic program.

25(4) An outreach program.

26(5) An enrichment program.

27(6) A troop, club or similar organization.

28* * *

29Section 2. Section 6311 of Title 23 is amended to read:

30§ 6311. Persons required to report suspected child abuse.

1[(a) General rule.--A person who, in the course of
2employment, occupation or practice of a profession, comes into
3contact with children shall report or cause a report to be made
4in accordance with section 6313 (relating to reporting
5procedure) when the person has reasonable cause to suspect, on
6the basis of medical, professional or other training and
7experience, that a child under the care, supervision, guidance
8or training of that person or of an agency, institution,
9organization or other entity with which that person is
10affiliated is a victim of child abuse, including child abuse by
11an individual who is not a perpetrator. Except with respect to
12confidential communications made to a member of the clergy which
13are protected under 42 Pa.C.S. § 5943 (relating to confidential
14communications to clergymen), and except with respect to
15confidential communications made to an attorney which are
16protected by 42 Pa.C.S. § 5916 (relating to confidential
17communications to attorney) or 5928 (relating to confidential
18communications to attorney), the privileged communication
19between any professional person required to report and the
20patient or client of that person shall not apply to situations
21involving child abuse and shall not constitute grounds for
22failure to report as required by this chapter.

23(b) Enumeration of persons required to report.--Persons
24required to report under subsection (a) include, but are not
25limited to, any licensed physician, osteopath, medical examiner,
26coroner, funeral director, dentist, optometrist, chiropractor,
27podiatrist, intern, registered nurse, licensed practical nurse,
28hospital personnel engaged in the admission, examination, care
29or treatment of persons, Christian Science practitioner, member
30of the clergy, school administrator, school teacher, school

1nurse, social services worker, day-care center worker or any
2other child-care or foster-care worker, mental health
3professional, peace officer or law enforcement official.

4(c) Staff members of institutions, etc.--Whenever a person
5is required to report under subsection (b) in the capacity as a
6member of the staff of a medical or other public or private
7institution, school, facility or agency, that person shall
8immediately notify the person in charge of the institution,
9school, facility or agency or the designated agent of the person
10in charge. Upon notification, the person in charge or the
11designated agent, if any, shall assume the responsibility and
12have the legal obligation to report or cause a report to be made
13in accordance with section 6313. This chapter does not require
14more than one report from any such institution, school, facility
15or agency.

16(d) Civil action for discrimination against person filing
17report.--Any person who, under this section, is required to
18report or cause a report of suspected child abuse to be made and
19who, in good faith, makes or causes the report to be made and,
20as a result thereof, is discharged from his employment or in any
21other manner is discriminated against with respect to
22compensation, hire, tenure, terms, conditions or privileges of
23employment, may commence an action in the court of common pleas
24of the county in which the alleged unlawful discharge or
25discrimination occurred for appropriate relief. If the court
26finds that the person is an individual who, under this section,
27is required to report or cause a report of suspected child abuse
28to be made and who, in good faith, made or caused to be made a
29report of suspected child abuse and, as a result thereof, was
30discharged or discriminated against with respect to

1compensation, hire, tenure, terms, conditions or privileges of
2employment, it may issue an order granting appropriate relief,
3including, but not limited to, reinstatement with back pay. The
4department may intervene in any action commenced under this
5subsection.]

6(a) Mandated reporters.--The following adults shall make a 
7report of suspected child abuse, subject to subsection (b), if 
8the person has reasonable cause to suspect that a child is a 
9victim of child abuse:

10(1)  A person licensed or certified to practice in any
11health-related field under the jurisdiction of the Department
12of State.

13(2) A medical examiner, coroner or funeral director.

14(3)  An employee of a health care facility or provider
15licensed by the Department of Health engaged in the
16admission, examination, care or treatment of individuals.

17(4)  A school administrator, teacher, nurse, guidance
18counselor, coach or other school employee.

19(5)  A child-care services provider.

20(6)  A clergyman, priest, rabbi, minister, Christian
21Science practitioner, religious healer or spiritual leader of
22any regularly established church or other religious
23organization.

24(7)  An individual paid or unpaid, who, on the basis of
25the individual's role as an integral part of a regularly
26scheduled program, activity or service, accepts
27responsibility for a child.

28(8)  A social services worker.

29(9)  A peace officer or law enforcement official.

30(10)  An emergency medical services provider certified by

1the Department of Health.

2(11)  An individual supervised or managed by a person
3listed under paragraph (1), (2), (3), (4), (5), (6), (7),
4(8), (9) or (10), who has direct contact with children in the
5course of employment.

6(12)  An independent contractor.

7(b)  Basis to report.--

8(1) Any of the following circumstances shall require a
9mandated reporter under subsection (a), with reasonable cause
10to suspect that a child is a victim of child abuse, to make a
11report in accordance with section 6313 (relating to reporting
12procedure):

13(i)  The mandated reporter comes into contact with
14the child in the course of employment, occupation and
15practice of a profession or through a regularly scheduled
16program, activity or service.

17(ii)  The mandated reporter is directly responsible
18for the care, supervision, guidance or training of the
19child, or is affiliated with an agency, institution,
20organization, school, regularly established church or
21religious organization or other entity that is directly
22responsible for the care, supervision, guidance or
23training of the child.

24(iii)  A person makes a specific disclosure to the
25mandated reporter that an identifiable child is the
26victim of child abuse.

27(iv) An individual 14 years of age or older makes a
28specific disclosure to the mandated reporter that the
29individual has committed child abuse.

30(2) Nothing in this section shall require a child to

1come before the mandated reporter in order for the mandated
2reporter to make a report of suspected child abuse.

3(3) Nothing in this section shall require the mandated
4reporter to identify the perpetrator of child abuse to make a
5report of suspected child abuse.

6Section 3. Title 23 is amended by adding a section to read:

7§ 6311.1. Privileged communications.

8(a)  General rule.--Subject to subsection (b), the privileged
9communications between a mandated reporter and a patient or
10client of the mandated reporter shall not:

11(1)  Apply to a situation involving child abuse.

12(2) Relieve the mandated reporter of the duty to make a
13report of suspected child abuse.

14(b)  Confidential communications.--The following protections
15shall apply:

16(1) Confidential communications made to a member of the
17clergy are protected under 42 Pa.C.S. § 5943 (relating to
18confidential communications to clergymen).

19(2) Confidential communications made to an attorney are
20subject to 42 Pa.C.S. §§ 5916 (relating to confidential
21communications to attorney) and 5928 (relating to
22confidential communications to attorney), but only to the
23extent that such communications are protected under the rules
24of professional conduct for attorneys.

25Section 4. Sections 6312, 6313 and 6314 of Title 23 are
26amended to read:

27§ 6312. Persons [permitted] encouraged to report suspected
28child abuse.

29[In addition to those persons and officials required to
30report suspected child abuse, any] Any person may make [such a

1report] an oral or written report of suspected child abuse, 
2which may be submitted electronically, or cause a report of 
3suspected child abuse to be made to the department, county 
4agency or law enforcement, if that person has reasonable cause
5to suspect that a child is [an abused child] a victim of child 
6abuse.

7§ 6313. Reporting procedure.

8[(a) General rule.--Reports from persons required to report
9under section 6311 (relating to persons required to report
10suspected child abuse) shall be made immediately by telephone
11and in writing within 48 hours after the oral report.

12(b) Oral reports.--Oral reports shall be made to the
13department pursuant to Subchapter C (relating to powers and
14duties of department) and may be made to the appropriate county
15agency. When oral reports of suspected child abuse are initially
16received at the county agency, the protective services staff
17shall, after seeing to the immediate safety of the child and
18other children in the home, immediately notify the department of
19the receipt of the report, which is to be held in the pending
20complaint file as provided in Subchapter C. The initial child
21abuse report summary shall be supplemented with a written report
22when a determination is made as to whether a report of suspected
23child abuse is a founded report, an unfounded report or an
24indicated report.

25(c) Written reports.--Written reports from persons required
26to report under section 6311 shall be made to the appropriate
27county agency in a manner and on forms the department prescribes
28by regulation. The written reports shall include the following
29information if available:

30(1) The names and addresses of the child and the parents

1or other person responsible for the care of the child if
2known.

3(2) Where the suspected abuse occurred.

4(3) The age and sex of the subjects of the report.

5(4) The nature and extent of the suspected child abuse,
6including any evidence of prior abuse to the child or
7siblings of the child.

8(5) The name and relationship of the person or persons
9responsible for causing the suspected abuse, if known, and
10any evidence of prior abuse by that person or persons.

11(6) Family composition.

12(7) The source of the report.

13(8) The person making the report and where that person
14can be reached.

15(9) The actions taken by the reporting source, including
16the taking of photographs and X-rays, removal or keeping of
17the child or notifying the medical examiner or coroner.

18(10) Any other information which the department may
19require by regulation.

20(d) Failure to confirm oral report.--The failure of a person
21reporting cases of suspected child abuse to confirm an oral
22report in writing within 48 hours shall not relieve the county
23agency from any duties prescribed by this chapter. In such
24event, the county agency shall proceed as if a written report
25were actually made.]

26(a) Report by mandated reporter.--

27(1) A mandated reporter shall immediately make an oral
<-28or written report, which may be submitted electronically, of
29suspected child abuse to the department <-report of suspected
30child abuse to the department via the Statewide toll-free

1telephone number under section 6332 (relating to
2establishment of Statewide toll-free telephone number) or a
3written report using electronic technologies under section
46304 (relating to electronic reporting).

5(2) A mandated reporter making an oral report under
6paragraph (1) of suspected child abuse shall also make a
7written report, which may be submitted electronically, within
848 hours to the department or county agency assigned to the
9case in a manner and format prescribed by the department.

10(3) The failure of the mandated reporter to file the
11report under paragraph (2) shall not relieve the county
12agency from any duty under this chapter, and the county
13agency shall proceed as though the mandated reporter complied
14with paragraph (2).

15(b) Contents of report.--A written report of suspected child
16abuse, which may be submitted electronically, shall include the
17following information, if known:

18(1) The names and addresses of the child, the child's
19parents and any other person responsible for the child's
20welfare.

21(2) Where the suspected abuse occurred.

22(3) The age and sex of each subject of the report.

23(4) The nature and extent of the suspected child abuse,
24including any evidence of prior abuse to the child or any
25sibling of the child.

26(5) The name and relationship of each individual
27responsible for causing the suspected abuse and any evidence
28of prior abuse by each individual.

29(6) Family composition.

30(7) The source of the report.

1(8) The person making the report and where that person
2can be reached.

3(9) The actions taken by the person making the report,
4including those actions taken under section 6314 (relating to
5photographs, medical tests and X-rays of child subject to
6report), 6315 (relating to taking child into protective
7custody), 6316 (relating to admission to private and public
8hospitals) or 6317 (relating to mandatory reporting and
9postmortem investigation of deaths).

10(10) Any other information required by Federal law or
11regulation.

12(11) Any other information that the department requires
13by regulation.

14§ 6314. Photographs, medical tests and X-rays of child subject
15to report.

16A person or official required to report cases of suspected
17child abuse may take or cause to be taken photographs of the
18child who is subject to a report and, if clinically indicated,
19cause to be performed a radiological examination and other
20medical tests on the child. Medical summaries or reports of the
21photographs, X-rays and relevant medical tests taken shall be
22sent to the county agency at the time the written report is sent
23or within 48 hours after a report is made by electronic 
24technologies or as soon thereafter as possible. The county
25agency shall have access to actual photographs or duplicates and
26X-rays and may obtain them or duplicates of them upon request. 
27Medical summaries or reports of the photographs, x-rays and 
28relevant medical tests shall be made available to law 
29enforcement officials in the course of investigating cases 
30pursuant to section 6340(a)(9) or (10).

1Section 5. Section 6315(a) of Title 23 is amended by adding
2a paragraph to read:

3§ 6315. Taking child into protective custody.

4(a) General rule.--A child may be taken into protective
5custody:

6* * *

7(4) Subject to this section and after receipt of a court
8order, the county agency shall take a child into protective
9custody for protection from abuse. No county agency worker
10may take custody of the child without judicial authorization
11based on the merits of the situation.

12* * *

13Section 6. Section 6369 of Title 23 is repealed:

14[§ 6369. Taking child into protective custody.

15Pursuant to the provisions of section 6315 (relating to
16taking child into protective custody) and after receipt of a
17court order, the county agency shall take a child into
18protective custody for protection from abuse. No county agency
19worker may take custody of the child without judicial
20authorization based on the merits of the situation.]

21Section 7. This act shall take effect January 1, 2014.