H0431B2694A06047 BIL:CDM 03/17/14 #90 A06047

 

 

 

 

AMENDMENTS TO HOUSE BILL NO. 431

Sponsor: SENATOR MENSCH

Printer's No. 2694

 

1Amend Bill, page 1, line 7, by inserting after "paragraphs"

2 and the section is amended by adding subsections

3Amend Bill, page 2, line 29, by striking out "this"

4Amend Bill, page 2, line 29, by inserting after "paragraph"

5 (3)

6Amend Bill, page 3, lines 18 through 22, by striking out all
7of said lines and inserting

8(5) Upon biennial renewal of a license, a licensing
9board shall provide to professional licensees under its
10jurisdiction identified as mandated reporters information
11related to mandatory reporting of child abuse and the
12reporting requirements of licensees.

13(6) A professional licensee identified as a mandated
14reporter may apply to the licensing board with jurisdiction
15over the licensee for an exemption from the training or
16continuing education required by paragraph (3). A licensing
17board may exempt the licensee if the licensee submits
18documentation acceptable to the licensing board that the
19licensee should not be subject to the training or continuing
20education requirement.

21(c) Training of persons subject to department regulation.--

22(1) The following persons shall be required to meet the
23child abuse recognition and reporting training requirements
24of this subsection:

25(i) Operators of institutions, facilities or
26agencies which care for children and are subject to
27supervision by the department under Article IX of the
28Public Welfare Code, and their employees who have direct
29contact with children.

30(ii) Foster parents.

31(iii) Operators of facilities and agencies which
32care for children and are subject to licensure by the
33department under Article X of the Public Welfare Code and
34their employees who have direct contact with children.

1(iv) Caregivers in family day care homes which are
2subject to registration by the department under
3Subarticle (c) of Article X of the Public Welfare Code
4and their employees who have direct contact with
5children.

6(2) Within six months of the effective date of this
7subsection, operators and caregivers shall receive three
8hours of training prior to the issuance of a license,
9approval or registration certificate and three hours of
10training every five years thereafter.

11(3) Employees who have direct contact with children and
12foster parents shall receive three hours of training within
13six months of the issuance of a license, approval or
14registration certificate and three hours of training every
15five years thereafter. New employees and new foster parents
16shall receive three hours of training within 90 days of hire
17or approval as a foster parent and three hours of training
18every five years thereafter.

19(4) Training curriculum shall be approved by the
20department and shall address, but not be limited to, the
21following:

22(i) Recognition of the signs of abuse and reporting
23requirements for suspected abuse in this Commonwealth.

24(ii) For institutions, facilities and agencies under
25paragraph (1)(i), their policies related to reporting of
26suspected abuse.

27(5) A person may be exempted from the requirements of
28this subsection if all of the following apply:

29(i) The person provides documentation that the
30person has already completed child abuse recognition and
31reporting training.

32(ii) The training was:

33(A) required by section 1205.6 of the Public
34School Code of 1949, and the training program was
35approved by the Department of Education in
36consultation with the department; or

37(B) required by this chapter and the training
38program was approved by the department.

39(iii) The amount of training received equals or
40exceeds the amount of training required by this
41subsection.

42(d) Definitions.--As used in this section, the following
43words and phrases shall have the meanings given to them in this
44subsection unless the context clearly indicates otherwise:

45"Direct contact with children." The care, supervision,
46guidance or control of children or routine interaction with
47children.

48"Operator." An executive or facility director. The term does
49not include a person who is not involved in managerial decisions
50related to the provision of services for or care of children
51with regard to any of the following:

1(1) Personnel.

2(2) Policy and procedures.

3(3) Regulatory compliance.

4(4) Services related to the general or medical care of
5children.

6(5) Supervision of children.

7(6) Safety of children.

8Amend Bill, page 3, line 23, by striking out "applies" and 
9inserting

10, (c) and (d) apply

11Amend Bill, page 3, line 24, by striking out "or" where it 
12occurs the second time and inserting a comma

13Amend Bill, page 3, line 24, by inserting after
14"certification"

15, approval or registration

16Amend Bill, page 3, line 25, by striking out "or" where it 
17occurs the first time and inserting a comma

18Amend Bill, page 3, line 25, by inserting after
19"certification"

20, approval or registration

21Amend Bill, page 3, line 27, by striking out "in 60 days" and 
22inserting

23 December 31, 2014

 

See A06047 in
the context
of HB0431