1Amend Bill, page 1, line 3, by striking out "and"

2Amend Bill, page 1, line 6, by inserting after "reports"
3where it occurs the second time

4; further providing for disposition of founded and indicated 
5reports, for amendment or expunction of information, for 
6investigation of reports and for evidence in court proceedings

7Amend Bill, page 22, by inserting between lines 19 and 20

8Section 3. Section 6338(a) of Title 23 is amended to read:

9§ 6338. Disposition of founded and indicated reports.

10(a) General rule.--When a report of suspected child abuse or
11a report under Subchapter C.1 (relating to students in public
12and private schools) is determined by the appropriate county
13agency to be a founded report or an indicated report, the
14information concerning that report of suspected child abuse
15shall be expunged immediately from the pending complaint file,
16and an appropriate entry shall be made in the Statewide central
17register. [Notice of the determination must be given to the
18subjects of the report, other than the abused child, and to the
19parent or guardian of the affected child or student along with
20an explanation of the implications of the determination. Notice
21given to perpetrators of child abuse and to school employees who
22are subjects of indicated reports for school employees or
23founded reports for school employees shall include notice that
24their ability to obtain employment in a child-care facility or
25program or a public or private school may be adversely affected
26by entry of the report in the Statewide central register. The
27notice shall also inform the recipient of his right, within 45
28days after being notified of the status of the report, to appeal
29an indicated report, and his right to a hearing if the request
30is denied.] Notice of the determination that a report is a 
31founded, indicated or unfounded report shall be made as provided 
32in section 6368(f) (relating to investigation of reports).

33* * *

34Section 4. Section 6341(a), (b) and (c) of Title 23 are
35amended and the section is amended by adding a subsection to

1read:

2§ 6341. Amendment or expunction of information.

3(a) General rule.--[At any time:] Notwithstanding section 
46338.1 (relating to expunction of information of perpetrator who 
5was under 18 years of age when child abuse was committed):

6(1) [The] At any time, the secretary may amend or
7expunge any record in the Statewide database under this
8chapter upon good cause shown and notice to the appropriate
9subjects of the report. The request shall be in writing in a 
10manner prescribed by the department. For purposes of this 
11paragraph, good cause shall include, but is not limited to, 
12the following:

13(i) Newly discovered evidence that an indicated
14report of child abuse is inaccurate or is being
15maintained in a manner inconsistent with this chapter.

16(ii) A determination that the perpetrator in an
17indicated report of abuse no longer represents a risk of
18child abuse and that no significant public purpose would
19be served by the continued listing of the person as a
20perpetrator in the Statewide database.

21(2) Any person named as a perpetrator, and any school
22employee named, in an indicated report of child abuse may,
23within [45] 90 days of being notified of the status of the
24report, request an administrative review by, or appeal and
25request a hearing before, the secretary to amend or expunge
26an indicated report on the grounds that it is inaccurate or
27it is being maintained in a manner inconsistent with this
28chapter. The request shall be in writing in a manner 
29prescribed by the department.

30(3) Within 60 days of a request under paragraph (1) or a
31request for administrative review under paragraph (2), the
32department shall send notice of the secretary's decision.

33(b) Review of grant of request.--If the secretary grants the
34request under subsection (a)(2), the Statewide [central
35register] database, appropriate county agency, appropriate law
36enforcement officials and all subjects shall be so advised of
37the decision. The county agency and any subject have [45] 90
38days in which to file an administrative appeal with the
39secretary. If an administrative appeal is received, the 
40secretary or his designated agent shall schedule a hearing 
41pursuant to Article IV of the act of June 13, 1967 (P.L.31, 
42No.21), known as the Public Welfare Code, [and] attending 
43departmental regulations. If no administrative appeal is 
44received within the designated time period, the Statewide 
45[central register] database shall comply with the decision of 
46the secretary and advise the county agency to amend or expunge
47the information in their records so that the records are
48consistent at both the State and local levels.

49(c) Review of refusal of request.--[If the secretary refuses
50the request under subsection (a)(2) or does not act within a
51reasonable time, but in no event later than 30 days after

1receipt of the request, the perpetrator or school employee shall
2have the right to a hearing before the secretary or a designated
3agent of the secretary to determine whether the summary of the
4indicated report in the Statewide central register should be
5amended or expunged on the grounds that it is inaccurate or that
6it is being maintained in a manner inconsistent with this
7chapter. The perpetrator or school employee shall have 45 days
8from the date of the letter giving notice of the decision to
9deny the request in which to request a hearing.] Subject to 
10subsection (c.1), if the secretary refuses a request under 
11subsection (a)(1) or a request for administrative review under 
12subsection (a)(2), or does not act within the prescribed time, 
13the perpetrator or school employee shall have the right to 
14appeal and request a hearing before the secretary to amend or 
15expunge an indicated report on the grounds that it is inaccurate 
16or it is being maintained in a manner inconsistent with this 
17chapter. The request for hearing must be made within 90 days of 
18notice of the results of the investigation. The appropriate
19county agency and appropriate law enforcement officials shall be
20given notice of the hearing. The burden of proof in the hearing
21shall be on the appropriate county agency. The department shall
22assist the county agency as necessary.

23(c.1) Founded reports.--A person named as a perpetrator in a
24founded report of child abuse must provide to the department a
25court order indicating that the underlying adjudication that
26formed the basis of the founded report has been reversed or
27vacated.

28* * *

29Section 5. Section 6368 of Title 23 is amended by adding
30subsections to read:

31§ 6368. Investigation of reports.

32* * *

33(e) Review of indicated reports.--A final determination that
34a report of suspected child abuse is indicated shall be
35approved by:

36(1) the county agency administrator or a designee and
37reviewed by a county agency solicitor, when the county agency
38is investigating; or

39(2) the secretary or a designee and reviewed by legal
40counsel for the department, when the department is
41investigating.

42(f) Final determination.--Immediately upon conclusion of the
43child abuse investigation, the county agency shall provide the
44results of its investigation to the department, in a manner
45prescribed by the department. Within three business days of
46receipt of the results of the investigation from the county
47agency, the department shall send notice of the final
48determination to the subjects of the report, other than the
49abused child. The determination shall include the following
50information:

51(1) The status of the report.

1(2) The perpetrator's right to request the secretary to
2amend or expunge the report.

3(3) The right of the subjects of the report to services
4from the county agency.

5(4) The effect of the report upon future employment
6opportunities involving children.

7(5) The fact that the name of the perpetrator, the
8nature of the abuse and the final status of a founded or
9indicated report will be entered in the Statewide database,
10if the perpetrator's Social Security number or date of birth
11are known.

12(6) The perpetrator's right to file an appeal of an
13indicated finding of abuse pursuant to section 6341 (relating
14to amendment or expunction of information) within 90 days of
15the date of notice.

16(7) The perpetrator's right to a fair hearing on the
17merits on an appeal of an indicated report filed pursuant to
18section 6341.

19(8) The burden on the investigative agency to prove its
20case by substantial evidence in an appeal of an indicated
21report.

22(g) Notice.--Notice under subsection (f) shall constitute
23mailing of the final determination to the recipient's last known
24address. The determination is presumed received when not
25returned by the postal authorities as undeliverable. If the
26determination is returned as undeliverable, the entry in the
27Statewide database shall include information that the department
28was unable to provide notice. No further efforts to provide
29notice shall be required, except that the department shall
30resume reasonable efforts to provide notice if new information
31is received regarding the whereabouts of an individual who is
32entitled to receive notice under subsection (f).

33(h) Notice to mandated reporter.--If a report was made by a
34mandated reporter under section 6313 (relating to reporting
35procedure), the department shall notify the mandated reporter
36who made the report of suspected child abuse of all of the
37following within three business days of the department's receipt
38of the results of the investigation:

39(1) Whether the child abuse report is founded, indicated
40or unfounded.

41(2) Any services provided, arranged for or to be
42provided by the county agency to protect the child.

43Section 6. Section 6381 of Title 23 is amended by adding a
44subsection to read:

45§ 6381. Evidence in court proceedings.

46* * *

47(e) Child victims and witnesses.--In addition to the
48provisions of this section, any consideration afforded to a
49child victim or witness pursuant to 42 Pa.C.S. Ch. 59, Subch. D
50(relating to child victims and witnesses) in any prosecution or
51adjudication shall be afforded to a child in child abuse

1proceedings in court or in any department administrative hearing
2pursuant to section 6341 (relating to amendment or expunction of
3information).

4Amend Bill, page 22, line 20, by striking out "3" and 
5inserting

6 7