H0235B0877A02587 AJM:JSL 06/26/19 #90 A02587
AMENDMENTS TO HOUSE BILL NO. 235
Sponsor: SENATOR GORDNER
Printer's No. 877
Amend Bill, page 1, line 3, by striking out the period after
"adoption" and inserting
; in support matters generally, further providing for costs and
fees and for State disbursement unit; and, in child
protective services, further providing for employees having
contact with children, adoptive and foster parents and for
volunteers having contact with children.
Amend Bill, page 2, line 7, by striking out all of said line
and inserting
Section 2. Sections 4351(a.1) and 4374(c)(3) and (d)(2) of
Title 23 are amended to read:
§ 4351. Costs and fees.
* * *
(a.1) Annual fee.--The Commonwealth shall impose a fee of
[$25] $35 in each case in which an individual has never received
assistance under Title IV-A of the Social Security Act (49 Stat.
620, 42 U.S.C. § 301 et seq.) and for whom the Commonwealth has
collected at least [$500] $550 of support in a Federal fiscal
year. The Commonwealth shall pay the [$25] $35 fee for those
cases in which the annual collection is between [$500] $550 and
$1,999.99. The [$25] $35 fee shall be collected from the
custodial parent in cases where annual collections equal $2,000
or more. This subsection shall expire July 15, 2023.
* * *
§ 4374. State disbursement unit.
* * *
(c) Allocation of collections.--Subject to subsections (d),
(e), (f) and (f.1), support collected on behalf of a family
shall be distributed as follows:
* * *
(3) In the case of a family that never received cash
assistance from the Commonwealth, all support collections
shall be paid to the family with the exception of the
federally mandated [$25] $35 annual fee collected from the
custodial parent as required under section 4351(a.1)
(relating to costs and fees). This paragraph shall expire
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July 15, 2023.
(d) Retention by Commonwealth.--
* * *
(2) Notwithstanding any other provision of law, the
federally mandated [$25] $35 annual fee collected from the
custodial parent as required under section 4351(a.1) shall be
retained by the department. This paragraph shall expire July
15, 2023.
* * *
Section 2.1. Section 6344(a.2) introductory paragraph, (a.3)
introductory paragraph, (b) introductory paragraph, (c)(1) and
(2) and (m) introductory paragraph of Title 23, amended June 28,
2018 (P.L.375, No.54), are amended, subsections (c) and (m) are
amended by adding paragraphs and the section is amended by
adding a subsection to read:
§ 6344. Employees having contact with children; adoptive and
foster parents.
* * *
(a.2) Minors.--[An] Unless applying for or holding a
position in a child day-care center, group day-care home or
family child-care home, an individual between 14 and 17 years of
age who applies for or holds a paid position as an employee who
is a person responsible for the child's welfare or a person with
direct contact with children through a program, activity or
service prior to the commencement of employment or under section
6344.4 (relating to recertification) shall be required to submit
only the information under subsection (b)(1) and (2) to an
employer, administrator, supervisor or other person responsible
for employment decisions, if the following apply:
* * *
(a.3) Exchange visitor.--[An] Unless applying for or holding
a position in a child day-care center, group day-care home or
family child-care home, an individual in possession of a
nonimmigrant visa issued pursuant to 8 U.S.C. § 1101(a)(15)(J)
(relating to definitions) to an exchange visitor, commonly
referred to as a "J-1" Visa, shall not be required to submit
information under subsection (b) if all of the following apply:
* * *
(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) or (a.3) 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:
* * *
(c) Grounds for denying employment or participation in
program, activity or service.--
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(1) In no case shall an employer, administrator,
supervisor or other person responsible for employment
decisions or involved in the selection of volunteers hire or
approve an applicant where the department has verified that
the applicant is named in the Statewide database as the
perpetrator of a founded report committed within the five-
year period immediately preceding verification pursuant to
this section.
(2) In no case shall an employer, administrator,
supervisor or other person responsible for employment
decisions or involved in the selection of volunteers hire or
approve an applicant if the applicant's criminal history
record information indicates the applicant has been convicted
of one or more of the following offenses under Title 18
(relating to crimes and offenses) or an equivalent crime
under Federal law or the law of another state:
Chapter 25 (relating to criminal homicide).
Section 2702 (relating to aggravated assault).
Section 2709.1 (relating to stalking).
Section 2901 (relating to kidnapping).
Section 2902 (relating to unlawful restraint).
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
Section 3123 (relating to involuntary deviate sexual
intercourse).
Section 3124.1 (relating to sexual assault).
Section 3125 (relating to aggravated indecent assault).
Section 3126 (relating to indecent assault).
Section 3127 (relating to indecent exposure).
Section 4302 (relating to incest).
Section 4303 (relating to concealing death of child).
Section 4304 (relating to endangering welfare of
children).
Section 4305 (relating to dealing in infant children).
A felony offense under section 5902(b) (relating to
prostitution and related offenses).
Section 5903(c) or (d) (relating to obscene and other
sexual materials and performances).
Section 6301 (relating to corruption of minors).
Section 6312 (relating to sexual abuse of children).
The attempt, solicitation or conspiracy to commit any of the
offenses set forth in this paragraph.
* * *
(4) In addition to paragraphs (1), (2) and (3), in no
case shall an employer, administrator, supervisor or other
person responsible for employment decisions or involved in
the selection of volunteers at a child day-care center, group
day-care home or family child-care home hire or approve an
applicant under any of the following circumstances:
(i) The applicant's criminal history record
information indicates the applicant has been convicted of
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any of the following:
(A) One or more of the following offenses under
Title 18 or an equivalent crime under Federal law or
the law of another state:
A felony offense under section 2718 (relating to
strangulation).
A felony offense under section 3301 (relating to
arson and related offenses).
(B) An offense under 18 U.S.C. § 2261 (relating
to interstate domestic violence) or 18 U.S.C. § 2262
(relating to interstate violation of protection
order).
(ii) The applicant's name appears on the National
Crime Information Center National Sex Offender Registry
or on a state's sex offender registry.
(iii) The applicant's name appears on a Statewide
database or its equivalent as a perpetrator of child
abuse.
* * *
(f.1) Additional information for child day-care centers,
group day-care homes and family child-care homes.--
(1) In addition to the required information under
subsection (b), employees and volunteers of a child day-care
center, group day-care home or family child-care home shall
submit the following in accordance with paragraph (2):
(i) The following certifications from an out-of-
state database or its equivalent in each state in which
the individual resided within the previous five-year
period as to whether the individual:
(A) Is named in the database as a perpetrator of
child abuse.
(B) Is named on the out-of-state criminal
history repository with a conviction of an offense
listed in subsection (c)(2) or (4).
(C) Is named on the State's sex offender
registry.
(ii) Notification from the department stating
whether the individual's name appears on the National
Crime Information Center National Sex Offender Registry.
(2) An applicant for employment or a prospective
volunteer at a child day-care center, group day-care home or
family child-care home shall submit the information required
under paragraph (1) prior to the commencement of employment
or service. An employee or a volunteer at a child day-care
center, group day-care home or family child-care home as of
the date of enactment of this subsection shall submit the
information required under paragraph (1) no later than the
effective date of this subsection.
* * *
(m) Provisional employees for limited periods.--
[Notwithstanding subsection (b), employers,] Employers,
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administrators, supervisors or other persons responsible for
employment decisions may not employ applicants on a provisional
basis, except that the department is authorized to grant a
waiver of this provision upon request from a child day-care
center, group day-care home or family child-care home. If a
child day-care center, group day-care home or family child-care
home is granted a waiver, an applicant may be employed on a
provisional basis for a single period not to exceed [90] 45
days, if all of the following conditions are met:
* * *
(3.1) A child day-care center, group day-care home or
family child-care home received the result of the report of
the criminal history record information under subsection (b)
(1) or (3).
* * *
Section 3. Section 6344.2(b.1) of Title 23 is amended by
adding a paragraph to read:
§ 6344.2. Volunteers having contact with children.
* * *
(b.1) Exception.--
* * *
(4) The exceptions under this subsection do not apply to
volunteers in a child day-care center, group day-care home or
family child-care home.
* * *
Section 4. This act shall take effect as follows:
(1) This section shall take effect immediately.
(2) The amendment of 23 Pa.C.S. §§ 4351(a.1) and 4374(c)
(3) and (d)(2) shall take effect immediately.
(3) The amendment or addition of 23 Pa.C.S. § 2711(d)(2)
and (3) shall take effect in 60 days.
(4) The amendment or addition of 23 Pa.C.S. § 6344(m)
introductory paragraph and (3.1) shall take effect December
31, 2019.
(5) The remainder of this act shall take effect
September 30, 2019.
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