PRIOR PRINTER'S NO. 1347
PRINTER'S NO. 1380
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
938
Session of
2017
INTRODUCED BY SABATINA, VULAKOVICH, SCARNATI, MARTIN, RAFFERTY,
RESCHENTHALER, COSTA, BAKER, SCHWANK AND MENSCH,
NOVEMBER 29, 2017
SENATOR BAKER, HEALTH AND HUMAN SERVICES, AS AMENDED,
DECEMBER 12, 2017
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in child protective services, further
providing for disposition and expunction of unfounded reports
and general protective services reports.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6337(d) and (f) of Title 23 of the
Pennsylvania Consolidated Statutes are amended to read:
ยง 6337. Disposition and expunction of unfounded reports and
general protective services reports.
* * *
(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
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into the Statewide database. The reports shall be maintained
for a period of [five] 10 years[.] or until the YOUNGEST
child who is the subject of the report attains 23 years of
age, whichever occurs first. Following the expiration of
[five] 10 years after the date the report was received by the
department or until the YOUNGEST child who is the subject of
the 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 [five-
year] 10-year period following the date the report was
received by the department[.] or 120 days after the YOUNGEST
child who is the subject of the 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 [five] 10 years after the closure
of services by the county agency[.] or until the YOUNGEST
child who is the subject of the report attains 23 years of
age, whichever occurs first. Following the expiration of
[five] 10 years after the closure of services by the county
agency or until the YOUNGEST child who is the subject of the
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 [five-year]
10-year period following the closure of services by the
county agency[.] or 120 days after the YOUNGEST child who is
the subject of the report attains 23 years of age, whichever
occurs first.
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(3) The expunction of information on general protective
services under this subsection shall be mandated and
guaranteed by the department.
* * *
(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
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 on the county agency's database solely for
internal access by the county agency. No other entity may
have access to the information. FOR ACCESS BY THE COUNTY
AGENCY TO ASSIST IN FUTURE RISK AND SAFETY ASSESSMENTS AND
RESEARCH.
Section 2. This act shall take effect immediately.
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