AN ACT

 

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<-; and, in miscellaneous 
12provisions, further providing for education and training.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

<-15Section 1. Section 6303(a) of Title 23 of the Pennsylvania 
16Consolidated Statutes is amended by adding definitions to read:

<-17Section 1. The definition of "school employee" in section
186303(a) of Title 23 of the Pennsylvania Consolidated Statutes is
19amended and subsection (a) is amended by adding definitions to
20read:

1§ 6303. Definitions.

2(a) General rule.--The following words and phrases when used
3in this chapter shall have the meanings given to them in this
4section unless the context clearly indicates otherwise:

5* * *

6"Adult." An individual 18 years of age or older.

7* * *

8"Direct contact with children." The care, supervision,
9guidance or control of children, or routine interaction with
10children.

11* * *

<-12"Health care facility." As defined in section 802.1 of the
13act of July 19, 1979 (P.L.130, No.48), known as the Health Care
14Facilities Act.

15"Independent contractor." An individual who provides a
16program, activity or service to an agency, institution,
17organization or other entity, including a school or regularly
18established religious organization, that is responsible for the
19care, supervision, guidance or control of children. The term
20does not include an individual who has no direct contact with
21children.

22* * *

23"Mandated reporter." A person who is required by this
24chapter to make a report of suspected child abuse.

25* * *

<-26"Person affiliated with."  A person that directly or
27indirectly, through one or more intermediaries, controls, is
28controlled by or is under common control with a specified
29person.

30* * *

1"Program, activity or service." A public or private
2educational, athletic or other pursuit in which children
3participate. The term includes, but is not limited to, the
4following:

5(1) A youth camp or program.

6(2) A recreational camp or program.

7(3) A sports or athletic program.

8(4) An outreach program.

9(5) An enrichment program.

10(6) A troop, club or similar organization.

11* * *

<-12"School."  A facility providing elementary, secondary or
13postsecondary educational services. The term includes the
14following:

15(1)  Any school of a school district.

16(2)  An area vocational-technical school.

17(3)  A joint school.

18(4)  An intermediate unit.

19(5)  A charter school or regional charter school.

20(6)  A cyber charter school.

21(7)  A private school licensed under the act of January
2228, 1988 (P.L.24, No.11), known as the Private Academic
23Schools Act.

24(8)  A private school accredited by an accrediting
25association approved by the State Board of Education.

26(9)  A nonpublic school.

27(10)  A community college which is an institution now or
28hereafter created pursuant to Article XIX-A of the act of
29March 10, 1949 (P.L.30, No.14), known as the Public School
30Code of 1949, or the act of August 24, 1963 (P.L.1132,

1No.484), known as the Community College Act of 1963.

2(11)  An independent institution of higher education
3which is an institution of higher education which is operated
4not for profit, located in and incorporated or chartered by
5the Commonwealth, entitled to confer degrees as set forth in
624 Pa.C.S. § 6505 (relating to power to confer degrees) and
7entitled to apply to itself the designation "college" or
8"university" as provided for by standards and qualifications
9prescribed by the State Board of Education pursuant to 24
10Pa.C.S. Ch. 65 (relating to private colleges, universities
11and seminaries).

12(12)  A State-owned university.

13(13)  A State-related university.

14(14)  A private school licensed under the act of December
1515, 1986 (P.L.1585, No.174), known as the Private Licensed
16Schools Act.

17(15)  The Hiram G. Andrews Center.

18(16)  A private residential rehabilitative institution as
19defined in section 914.1-A(c) of the Public School Code of
201949.

21"School employee." An individual who is employed by a
22[public or private school, intermediate unit or area vocational-
23technical school. The term includes an independent contractor
24and employees] school or who provides a program, activity or 
25service sponsored by a school. The term excludes an individual
26who has no direct contact with [students] children.

27* * *

28Section 2. Section 6311 6311(a), (b), and (c) of Title 23<- is 
<-29are 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(a)  Mandated reporters.--The following adults shall make a
5report of suspected child abuse, subject to subsection (b), if
6the person has reasonable cause to suspect that a child is a
7victim of child abuse:

8(1)  A person licensed or certified to practice in any
9health-related field under the jurisdiction of the Department
10of State.

11(2)  A medical examiner, coroner or funeral director.

12(3)  An employee of a health care facility or provider
13licensed by the Department of Health, who is engaged in the
14admission, examination, care or treatment of individuals.

15(4)  A school employee.

16(5)  An employee of a child care service, who has direct
17contact with children in the course of employment.

18(6)  A clergyman, priest, rabbi, minister, Christian
19Science practitioner, religious healer or spiritual leader of
20any regularly established church or other religious
21organization.

22(7)  An individual paid or unpaid, who, on the basis of
23the individual's role as an integral part of a regularly
24scheduled program, activity or service, accepts
25responsibility for a child.

26(8)  An employee of a social services agency, who has
27direct contact with children in the course of employment.

28(9)  A peace officer or law enforcement official.

29(10)  An emergency medical services provider certified by 
30the Department of Health.

1(11) An employee of a public library, who has direct
2contact with children in the course of employment.

3(12)  An individual supervised or managed by a person
4listed under paragraphs (1), (2), (3), (4), (5), (6), (7),
5(8), (9), (10) and (11), who has direct contact with children
6in the course of employment.

7(13)  An independent contractor.

8(14) An attorney affiliated with an agency, institution,
9organization or other entity, including a school or regularly
10established religious organization that is responsible for
11the care, supervision, guidance or control of children.

12(b)  Basis to report.--

13(1)  A mandated reporter enumerated in subsection (a)
14shall make a report of suspected child abuse or cause a
15report to be made in accordance with section 6313 (relating
16to reporting procedure), if the mandated reporter has
17reasonable cause to suspect that a child is a victim of child
18abuse under any of the following circumstances:

19(i)  The mandated reporter comes into contact with
20the child in the course of employment, occupation and
21practice of a profession or through a regularly scheduled
22program, activity or service.

23(ii)  The mandated reporter is directly responsible
24for the care, supervision, guidance or training of the
25child, or is affiliated with an agency, institution,
26organization, school, regularly established church or
27religious organization or other entity that is directly
28responsible for the care, supervision, guidance or
29training of the child.

30(iii)  A person makes a specific disclosure to the

1mandated reporter that an identifiable child is the
2victim of child abuse.

3(iv)  An individual 14 years of age or older makes a
4specific disclosure to the mandated reporter that the
5individual has committed child abuse.

6(2)  Nothing in this section shall require a child to
7come before the mandated reporter in order for the mandated
8reporter to make a report of suspected child abuse.

9(3)  Nothing in this section shall require the mandated 
10reporter to identify the person responsible for the child abuse
11to make a report of suspected child abuse.

12(c) Staff members of institutions, etc.--Whenever a person
13is required to report under subsection (b) in the capacity as a
14member of the staff of a medical or other public or private
15institution, school, facility or agency, that person shall 
<-16report immediately in accordance with section 6313 and shall
17immediately <-thereafter notify the person in charge of the
18institution, school, facility or agency or the designated agent
19of the person in charge. Upon notification, the person in charge
20or the designated agent, if any, shall assume the responsibility
21[<-and have the legal obligation to report or cause a report to be
22made in accordance with section 6313<-] for facilitating the 
23cooperation of the institution, school, facility or agency with 
24the investigation of the report. This chapter does not require
25more than one report from any such institution, school, facility
26or agency.

<-27(d) Civil action for discrimination against person filing
28report.--Any person who, under this section, is required to
29report or cause a report of suspected child abuse to be made and
30who, in good faith, makes or causes the report to be made and,

1as a result thereof, is discharged from his employment or in any
2other manner is discriminated against with respect to
3compensation, hire, tenure, terms, conditions or privileges of
4employment, may commence an action in the court of common pleas
5of the county in which the alleged unlawful discharge or
6discrimination occurred for appropriate relief. If the court
7finds that the person is an individual who, under this section,
8is required to report or cause a report of suspected child abuse
9to be made and who, in good faith, made or caused to be made a
10report of suspected child abuse and, as a result thereof, was
11discharged or discriminated against with respect to
12compensation, hire, tenure, terms, conditions or privileges of
13employment, it may issue an order granting appropriate relief,
14including, but not limited to, reinstatement with back pay. The
15department may intervene in any action commenced under this
16subsection.]

17(a) Mandated reporters.--The following adults shall make a 
18report of suspected child abuse, subject to subsection (b), if 
19the person has reasonable cause to suspect that a child is a 
20victim of child abuse:

21(1)  A person licensed or certified to practice in any
22health-related field under the jurisdiction of the Department
23of State.

24(2) A medical examiner, coroner or funeral director.

25(3)  An employee of a health care facility or provider
26licensed by the Department of Health engaged in the
27admission, examination, care or treatment of individuals.

28(4)  A school administrator, teacher, nurse, guidance
29counselor, coach or other school employee.

30(5)  A child-care services provider.

1(6)  A clergyman, priest, rabbi, minister, Christian
2Science practitioner, religious healer or spiritual leader of
3any regularly established church or other religious
4organization.

5(7)  An individual paid or unpaid, who, on the basis of
6the individual's role as an integral part of a regularly
7scheduled program, activity or service, accepts
8responsibility for a child.

9(8)  A social services worker.

10(9)  A peace officer or law enforcement official.

11(10)  An emergency medical services provider certified by
12the Department of Health.

13(11)  An individual supervised or managed by a person
14listed under paragraph (1), (2), (3), (4), (5), (6), (7),
15(8), (9) or (10), who has direct contact with children in the
16course of employment.

17(12)  An independent contractor.

18(b)  Basis to report.--

19(1) Any of the following circumstances shall require a
20mandated reporter under subsection (a), with reasonable cause
21to suspect that a child is a victim of child abuse, to make a
22report in accordance with section 6313 (relating to reporting
23procedure):

24(i)  The mandated reporter comes into contact with
25the child in the course of employment, occupation and
26practice of a profession or through a regularly scheduled
27program, activity or service.

28(ii)  The mandated reporter is directly responsible
29for the care, supervision, guidance or training of the
30child, or is affiliated with an agency, institution,

1organization, school, regularly established church or
2religious organization or other entity that is directly
3responsible for the care, supervision, guidance or
4training of the child.

5(iii)  A person makes a specific disclosure to the
6mandated reporter that an identifiable child is the
7victim of child abuse.

8(iv) An individual 14 years of age or older makes a
9specific disclosure to the mandated reporter that the
10individual has committed child abuse.

11(2) Nothing in this section shall require a child to
12come before the mandated reporter in order for the mandated
13reporter to make a report of suspected child abuse.

14(3) Nothing in this section shall require the mandated
15reporter to identify the perpetrator of child abuse to make a
16report of suspected child abuse.

<-17* * *

18Section 3. Title 23 is amended by adding a section to read:

19§ 6311.1. Privileged communications.

20(a)  General rule.--Subject to subsection (b), the privileged
21communications between a mandated reporter and a patient or
22client of the mandated reporter shall not:

23(1)  Apply to a situation involving child abuse.

24(2) Relieve the mandated reporter of the duty to make a
25report of suspected child abuse.

26(b)  Confidential communications.--The following protections
27shall apply:

28(1) Confidential communications made to a member of the
29clergy are protected under 42 Pa.C.S. § 5943 (relating to
30confidential communications to clergymen).

1(2) Confidential communications made to an attorney are
2subject to 42 Pa.C.S. §§ 5916 (relating to confidential
3communications to attorney) and 5928 (relating to
4confidential communications to attorney), but only to the
5extent that such communications are protected under the rules
6of professional conduct for attorneys.

7Section 4. Sections 6312, 6313 and 6314 of Title 23 are
8amended to read:

9§ 6312. Persons [permitted] encouraged to report suspected
10child abuse.

11[In addition to those persons and officials required to
12report suspected child abuse, any] Any person may make [such a
13report] an oral or written report of suspected child abuse, 
14which may be submitted electronically, or cause a report of 
15suspected child abuse to be made to the department, county 
16agency or law enforcement, if that person has reasonable cause
17to suspect that a child is [an abused child] a victim of child 
18abuse.

19§ 6313. Reporting procedure.

20[(a) General rule.--Reports from persons required to report
21under section 6311 (relating to persons required to report
22suspected child abuse) shall be made immediately by telephone
23and in writing within 48 hours after the oral report.

24(b) Oral reports.--Oral reports shall be made to the
25department pursuant to Subchapter C (relating to powers and
26duties of department) and may be made to the appropriate county
27agency. When oral reports of suspected child abuse are initially
28received at the county agency, the protective services staff
29shall, after seeing to the immediate safety of the child and
30other children in the home, immediately notify the department of

1the receipt of the report, which is to be held in the pending
2complaint file as provided in Subchapter C. The initial child
3abuse report summary shall be supplemented with a written report
4when a determination is made as to whether a report of suspected
5child abuse is a founded report, an unfounded report or an
6indicated report.

7(c) Written reports.--Written reports from persons required
8to report under section 6311 shall be made to the appropriate
9county agency in a manner and on forms the department prescribes
10by regulation. The written reports shall include the following
11information if available:

12(1) The names and addresses of the child and the parents
13or other person responsible for the care of the child if
14known.

15(2) Where the suspected abuse occurred.

16(3) The age and sex of the subjects of the report.

17(4) The nature and extent of the suspected child abuse,
18including any evidence of prior abuse to the child or
19siblings of the child.

20(5) The name and relationship of the person or persons
21responsible for causing the suspected abuse, if known, and
22any evidence of prior abuse by that person or persons.

23(6) Family composition.

24(7) The source of the report.

25(8) The person making the report and where that person
26can be reached.

27(9) The actions taken by the reporting source, including
28the taking of photographs and X-rays, removal or keeping of
29the child or notifying the medical examiner or coroner.

30(10) Any other information which the department may

1require by regulation.

2(d) Failure to confirm oral report.--The failure of a person
3reporting cases of suspected child abuse to confirm an oral
4report in writing within 48 hours shall not relieve the county
5agency from any duties prescribed by this chapter. In such
6event, the county agency shall proceed as if a written report
7were actually made.]

8(a) Report by mandated reporter.--

9(1) A mandated reporter shall immediately make an oral
10report of suspected child abuse to the department via the
11Statewide toll-free telephone number under section 6332
12(relating to establishment of Statewide toll-free telephone
13number) or a written report using electronic technologies
14under section <-6304 6305 (relating to electronic reporting).

15(2) A mandated reporter making an oral report under
16paragraph (1) of suspected child abuse shall also make a
17written report, which may be submitted electronically, within
1848 hours to the department or county agency assigned to the
19case in a manner and format prescribed by the department.

20(3) The failure of the mandated reporter to file the
21report under paragraph (2) shall not relieve the county
22agency from any duty under this chapter, and the county
23agency shall proceed as though the mandated reporter complied
24with paragraph (2).

25(b) Contents of report.--A written report of suspected child
26abuse, which may be submitted electronically, shall include the
27following information, if known:

28(1) The names and addresses of the child, the child's
29parents and any other person responsible for the child's
30welfare.

1(2) Where the suspected abuse occurred.

2(3) The age and sex of each subject of the report.

3(4) The nature and extent of the suspected child abuse,
4including any evidence of prior abuse to the child or any
5sibling of the child.

6(5) The name and relationship of each individual
7responsible for causing the suspected abuse and any evidence
8of prior abuse by each individual.

9(6) Family composition.

10(7) The source of the report.

11(8) The<- person making the report and where that person
12can be reached <-name, telephone number and e-mail address of
13the person making the report.

14(9) The actions taken by the person making the report,
15including those actions taken under section 6314 (relating to
16photographs, medical tests and X-rays of child subject to
17report), 6315 (relating to taking child into protective
18custody), 6316 (relating to admission to private and public
19hospitals) or 6317 (relating to mandatory reporting and
20postmortem investigation of deaths).

21(10) Any other information required by Federal law or
22regulation.

23(11) Any other information that the department requires
24by regulation.

25§ 6314. Photographs, medical tests and X-rays of child subject
26to report.

27A person or official required to report cases of suspected
28child abuse may take or cause to be taken photographs of the
29child who is subject to a report and, if clinically indicated,
30cause to be performed a radiological examination and other

1medical tests on the child. Medical summaries or reports of the
2photographs, X-rays and relevant medical tests taken shall be
3sent to the county agency at the time the written report is sent
4or within 48 hours after a report is made by electronic 
5technologies or as soon thereafter as possible. The county
6agency shall have access to actual photographs or duplicates and
7X-rays and may obtain them or duplicates of them upon request. 
8Medical summaries or reports of the photographs, x-rays and 
9relevant medical tests shall be made available to law 
10enforcement officials in the course of investigating cases 
11pursuant to section 6340(a)(9) or (10).

12Section 5. Section 6315(a) of Title 23 is amended by adding
13a paragraph to read:

14§ 6315. Taking child into protective custody.

15(a) General rule.--A child may be taken into protective
16custody:

17* * *

18(4) Subject to this section and after receipt of a court
19order, the county agency shall take a child into protective
20custody for protection from abuse. No county agency worker
21may take custody of the child without judicial authorization
22based on the merits of the situation.

23* * *

24Section 6. Section 6369 of Title 23 is repealed:

25[§ 6369. Taking child into protective custody.

26Pursuant to the provisions of section 6315 (relating to
27taking child into protective custody) and after receipt of a
28court order, the county agency shall take a child into
29protective custody for protection from abuse. No county agency
30worker may take custody of the child without judicial

1authorization based on the merits of the situation.]

<-2Section 7.  Section 6383 of Title 23 is amended by adding a
3subsection to read:

4§ 6383.  Education and training.

5* * *

6(a.2)  Information for mandated and permissive reporters.--

7(1)  In addition to the requirements of subsection (a),
8the department shall provide specific information related to
9the recognition and reporting of child abuse on its Internet
10website in forms, including, but not limited to, the
11following:

12(i)  Website content.

13(ii)  Printable booklets and brochures.

14(iii)  Educational videos.

15(iv)  Internet-based interactive training exercises.

16(2)  Information shall be pertinent to both mandated and
17permissive reporters and shall address topics, including, but
18not limited to:

19(i)  Conduct constituting child abuse under this
20chapter.

21(ii)  Persons classified as mandated reporters.

22(iii)  Reporting requirements and procedures.

23(iv)  The basis for making a report of suspected
24child abuse.

25(v)  Penalties for failure to report.

26(vi)  Background clearance requirements for
27individuals who work or volunteer with children.

28(vii)  Recognition of the signs and symptoms of child
29abuse.

30(viii)  Alternative resources to assist with concerns

1not related to child abuse.

2(3)  The department shall include the following with all
3certifications provided pursuant to § 6344(b)(2) (relating to
4information relating to prospective child-care personnel):

5(i)  Information that certain persons are required by
6law to report suspected child abuse.

7(ii)  The Internet address where the information and
8guidance required by this subsection can be obtained.

9(iii)  A telephone number and mailing address where
10guidance materials can be requested by individuals who
11cannot access the department's Internet website.

12(4)  The department shall implement this subsection
13within 180 days of the effective date of this subsection.

14* * *

15Section 7 8. This act shall take effect <-January 1 December 
1631, 2014.