H1232B2194A06910 BIL:JSL 04/23/18 #90 A06910
AMENDMENTS TO HOUSE BILL NO. 1232
Sponsor: SENATOR BROOKS
Printer's No. 2194
Amend Bill, page 1, line 4, by striking out the period after
"number" and inserting
, for disposition and expunction of unfounded reports and
general protective services reports, for employees having
contact with children and adoptive and foster parents, for
volunteers having contact with children and for mandatory
reporting of children under one year of age.
Amend Bill, page 1, line 17; page 2, lines 1 through 13; by
striking out all of said lines on said pages and inserting
suspected child abuse or neglect and any Statewide toll-free
telephone number relating to school safety. The following apply:
(1) The poster shall be posted in a high-traffic, public
area of the school that is readily accessible to and widely
used by students.
(2) The department shall, in consultation with the
Department of Education, design the poster, which shall:
(i) be 11 inches by 17 inches or larger;
(ii) display in bold print the Statewide toll-free
telephone number for reporting suspected child abuse or
neglect and any Statewide toll-free telephone number
relating to school safety; and
(iii) include the department's publicly accessible
Internet website that provides information and resources
related to child protection.
(3) The department and the Department of Education shall
make the poster available on their publicly accessible
Internet websites to all public and nonpublic schools.
Amend Bill, page 2, line 14, by striking out "NUMBER" and
inserting
numbers
Amend Bill, page 2, line 17, by inserting after "NEGLECT"
and any Statewide toll-free telephone number relating to
school safety
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Amend Bill, page 2, line 22, by striking out "NUMBER" and
inserting
numbers
Amend Bill, page 2, line 26, by striking out all of said line
and inserting
Section 2. Sections 6337(d) and (f), 6344(b) introductory
paragraph and (b.1), 6344.2(a), (b) and (b.1)(1)(i) and 6386 of
Title 23 are amended to read:
§ 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
into the Statewide database. The reports shall be maintained
for a period of [five] 10 years[.] or until the youngest
child identified in the most recent general protective
services 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 identified in the most recent general
protective services 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 identified in the most recent general
protective services 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 identified in the most recent general protective
services 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 identified in the most recent general
protective services 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
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after the [five-year] 10-year period following the closure of
services by the county agency[.] or 120 days after the
youngest child identified in the most recent general
protective services report attains 23 years of age, whichever
occurs first.
(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 for access by the county agency to assist
in future risk and safety assessments and research.
§ 6344. Employees having contact with children; adoptive and
foster parents.
* * *
(b) Information to be submitted.--An individual identified
in subsection (a)(7) or (8) at the time the individual meets the
description set forth in subsection (a)(7) or (8) and an
individual identified in subsection (a)(1), (2), (3), (4), (5)
(i) or (6), (a.1) or (a.2) prior to the commencement of
employment or service or in accordance with section 6344.4 shall
be required to submit the following information to an employer,
administrator, supervisor or other person responsible for
employment decisions or involved in the selection of volunteers:
* * *
(b.1) Required documentation to be maintained and
produced.--The employer, administrator, supervisor or other
person responsible for employment decisions or acceptance of the
individual to serve in any capacity identified in subsection (a)
(1), (2), (3), (4), (5)(i) or (6), (a.1) or (a.2) shall maintain
a copy of the required information and require the individual to
submit the required documents prior to employment or acceptance
to serve in any such capacity or as required in section 6344.4,
except as allowed under subsection (m).
* * *
§ 6344.2. Volunteers having contact with children.
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(a) Applicability.--This section applies to an adult
applying for or holding an unpaid position as a volunteer with a
child-care service, a school or a program, activity or service,
as a person responsible for the child's welfare or having direct
volunteer contact with children[.] and an individual identified
under section 6344(a)(5)(ii) (relating to employees having
contact with children; adoptive and foster parents) .
(b) Investigation.--Employers, administrators, supervisors
or other persons responsible for selection of volunteers shall
require an applicant to submit to all requirements set forth in
section 6344(b) [(relating to employees having contact with
children; adoptive and foster parents)] except as provided in
subsection (b.1). An employer, administrator, supervisor or
other person responsible for selection of volunteers regarding
an applicable prospective volunteer under this section that
intentionally fails to require the submissions before approving
that individual commits a misdemeanor of the third degree.
(b.1) Exception.--
(1) A person responsible for the selection of volunteers
under this chapter shall require an applicable prospective
volunteer prior to the commencement of service to submit only
the information under section 6344(b)(1) and (2), if the
following apply:
(i) The position the prospective volunteer is
applying for is unpaid or the prospective volunteer is an
individual identified under section 6344(a)(5)(ii).
* * *
§ 6386. Mandatory [reporting of] notification for children
under one year of age.
(a) When [report] notification is to be made.--A health care
provider shall immediately [make a report or cause a report to
be made to the appropriate county agency] give notice or cause
notice to be given to the department if the provider is involved
in the delivery or care of a child under one year of age who is
born and identified as being affected by [any of the following]:
(1) [Illegal] substance [abuse by the child's mother.
(2) Withdrawal] use or withdrawal symptoms resulting
from prenatal drug exposure [unless the child's mother,
during the pregnancy, was:
(i) under the care of a prescribing medical
professional; and
(ii) in compliance with the directions for the
administration of a prescription drug as directed by the
prescribing medical professional.
(3) A] ; or
(2) a Fetal Alcohol Spectrum Disorder.
[(b) Safety or risk assessment.--The county agency shall
perform a safety assessment or risk assessment, or both, for the
child and determine whether child protective services or general
protective services are warranted.
(c) County agency duties.--Upon receipt of a report under
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this section, the county agency for the county where the child
resides shall:
(1) Immediately ensure the safety of the child and see
the child immediately if emergency protective custody is
required or has been or shall be taken or if it cannot be
determined from the report whether emergency protective
custody is needed.
(2) Physically see the child within 48 hours of receipt
of the report.
(3) Contact the parents of the child within 24 hours of
receipt of the report.
(4) Provide or arrange reasonable services to ensure the
child is provided with proper parental care, control and
supervision.]
(b.1) Plan of safe care.--The department, in collaboration
with the Department of Health and the Department of Drug and
Alcohol Programs, shall develop written protocols for
implementation of a plan of safe care that include:
(1) Ensuring the safety and well-being of the child
following release from the care of health care providers.
(2) Addressing the health and substance use disorder
treatment needs of:
(i) the child;
(ii) the child's mother, father and any caregivers;
and
(iii) other children in the home.
(3) Identifying the lead entity responsible for
development of a plan of safe care for the child.
(4) Requiring the lead entity to convene a
multidisciplinary team which may include a representative
from the following agencies:
(i) public health;
(ii) maternal and child health;
(iii) home visitation programs;
(iv) substance use disorder prevention and treatment
providers;
(v) mental health providers;
(vi) public and private children and youth agencies;
(vii) early intervention and developmental services;
(viii) courts;
(ix) local education agencies;
(x) managed care organizations and private insurers;
and
(xi) hospitals and medical providers.
(5) Collecting data to meet Federal and State reporting
requirements.
(d) Notification not deemed child abuse.--Notification to
the department of infants born affected by or exhibiting
withdrawal from substance use or Fetal Alcohol Spectrum Disorder
shall not be deemed child abuse.
Section 3. This act shall take effect as follows:
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(1) The addition of 23 Pa.C.S. § 6332(c) shall take
effect in 60 days.
(2) The amendment of 23 Pa.C.S. § 6337(d) and (f) shall
take effect in 365 days.
(3) The remainder of this act shall take effect
immediately.
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See A06910 in
the context
of HB1232