1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child protective services, further
3providing for definitions <-and for disposition of founded and 
4indicated reports; and providing for expunction of 
5information of perpetrator who was under 18 years of age when 
6child abuse was committed.

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

9Section 1. The definitions of "perpetrator" and "person
10responsible for the child's welfare" in section 6303(a) of Title
1123 of the Pennsylvania Consolidated Statutes are amended to
12read:

13§ 6303. Definitions.

14(a) General rule.--The following words and phrases when used
15in this chapter shall have the meanings given to them in this
16section unless the context clearly indicates otherwise:

17* * *

1"Perpetrator." A person who has committed child abuse [and 
2is a parent of a child, a person responsible for the welfare of 
3a child, an individual residing in the same home as a child or a 
4paramour of a child's parent.] as defined in this section. The 
5following shall apply:

6(1) The term includes only the following:

7(i) A parent of the child.

8(ii) A spouse or former spouse of the child's
9parent.

10(iii) A paramour or former paramour of the child's
11parent.

12(iv) A person 14 years of age or older and
13responsible for the child's welfare.

14(v) An individual who is 14 years of age or older
15who resides in the same home as the child.

16(vi) An individual 18 years of age or older who does
17not reside in the same home as the child but is related
18within the third degree of consanguinity or affinity by
19birth or adoption to the child.

20(2) Only the following may be considered a perpetrator
21for failing to act, as provided in this section:

22(i) A parent of the child.

23(ii) A spouse or former spouse of the child's
24parent.

25(iii) A paramour or former paramour of the child's
26parent.

27(iv) A person 18 years of age or older and
28responsible for the child's welfare.

29(v) A person 18 years of age or older who resides in
30the same home as the child.

1"Person responsible for the child's welfare." A person who
2provides permanent or temporary care, supervision, mental health
3diagnosis or treatment, training or control of a child in lieu
4of parental care, supervision and control. [The term does not
5include a person who is employed by or provides services or
6programs in any public or private school, intermediate unit or
7area vocational-technical school.] The term includes <-an
8individual any such person<- who has direct or regular contact
9with a child through any program, activity or service sponsored
10by a school, for-profit organization or religious or other not-
11for-profit organization<-, regardless of where the child abuse
12occurs.

13* * *

<-14Section 2. Section 6338 of Title 23 is repealed:

15[§ 6338. Disposition of founded and indicated reports.

16(a) General rule.--When a report of suspected child abuse or
17a report under Subchapter C.1 (relating to students in public
18and private schools) is determined by the appropriate county
19agency to be a founded report or an indicated report, the
20information concerning that report of suspected child abuse
21shall be expunged immediately from the pending complaint file,
22and an appropriate entry shall be made in the Statewide central
23register. Notice of the determination must be given to the
24subjects of the report, other than the abused child, and to the
25parent or guardian of the affected child or student along with
26an explanation of the implications of the determination. Notice
27given to perpetrators of child abuse and to school employees who
28are subjects of indicated reports for school employees or
29founded reports for school employees shall include notice that
30their ability to obtain employment in a child-care facility or

1program or a public or private school may be adversely affected
2by entry of the report in the Statewide central register. The
3notice shall also inform the recipient of his right, within 45
4days after being notified of the status of the report, to appeal
5an indicated report, and his right to a hearing if the request
6is denied.

7(b) Expunction of information when child attains 23 years of
8age.--Except as provided in subsection (c), all information
9which identifies the subjects of founded and indicated child
10abuse reports shall be expunged when the subject child reaches
11the age of 23. The expunction shall be mandated and guaranteed
12by the department.

13(c) Retention of information.--A subfile shall be
14established in the Statewide central register to indefinitely
15retain the names of perpetrators of child abuse and school
16employees who are subjects of founded or indicated reports only
17if the individual's Social Security number or date of birth is
18known to the department. The subfile shall not include
19identifying information regarding other subjects of the report.]

20Section <-3 2. Title 23 is amended by adding a section to
21read:

22§ 6338.1. Expunction of information of perpetrator who was 
23under 18 years of age when child abuse was committed.

24(a) General rule.--The name of a perpetrator who is the
25subject of an indicated report of child abuse and who was under
2618 years of age when the individual committed child abuse shall
27be expunged from the Statewide <-central register database when
28the individual reaches 21 years of age or when five years have
29elapsed since the perpetrator's name was added to the <-central
30register <-database, whichever is later, if the individual meets

1all of the following:

2(1) The individual has not been named as a perpetrator
3in any subsequent <-founded or indicated report of child abuse
4and is not the subject of a child abuse report <-in the pending
<-5complaint file investigation.

6(2) The individual has never been convicted or
7adjudicated delinquent following a determination by the court
8that the individual committed an offense under section
96344(c) (relating to grounds for denying employment) and no
10proceeding is pending seeking such conviction or
11adjudication.

12(3) The child abuse which resulted in the inclusion of
13the perpetrator's name in the <-central register database did
14not involve the use of a deadly weapon, as defined under 18
15Pa.C.S. § 2301 (relating to definitions).

16(b) Mandated expunction.--If the perpetrator meets all of
17the requirements under subsection (a), the expunction shall be
18mandated and guaranteed by the department.

19(c) Nonapplicability.--The provisions of this section shall
20not apply to any of the following cases:

21(1) A perpetrator who is the subject of a founded report
22of child abuse.

23(2) A sexually violent delinquent child, as defined in
2442 Pa.C.S. § 9799.12 (relating to definitions), who meets all
25of the following:

26(i) Is required to register under 42 Pa.C.S. Ch. 97
27Subch. H (relating to registration of sexual offenders).

28(ii) Was found delinquent as a result of the same
29acts which resulted in the sexually violent delinquent
30child being named a perpetrator of child abuse.

1(3) A juvenile offender, as defined in 42 Pa.C.S. §
29799.12 who meets all of the following:

3(i) Is required to register under 42 Pa.C.S. Ch. 97
4Subch. H as a result of an adjudication of delinquency
5for the same acts which resulted in the juvenile offender
6being named a perpetrator of child abuse.

7(ii) Has not been removed from the Statewide
8Registry of Sexual Offenders pursuant to 42 Pa.C.S. §
99799.17 (relating to termination of period of
10registration for juvenile offenders).

11(4) A sexual offender, as defined in 42 Pa.C.S. §
129799.12, who meets all of the following:

13(i) Is required to register under 42 Pa.C.S. Ch. 97
14Subch. H as a result of a criminal conviction for the
15same acts which resulted in the sexual offender being
16named a perpetrator of child abuse.

17(ii) Has not completed the period of registration
18required under 42 Pa.C.S. § 9799.15 (relating to period
19of registration).

20Section 4 3. This act shall take effect <-January 1, 2014 
<-21December 31, 2014.