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                                                      PRINTER'S NO. 1268

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1019 Session of 2001


        INTRODUCED BY WOZNIAK, MUSTO, HELFRICK, COSTA, BOSCOLA, WAGNER,
           ERICKSON, M. WHITE, GREENLEAF, WILLIAMS, TARTAGLIONE AND
           LOGAN, JUNE 21, 2001

        REFERRED TO AGING AND YOUTH, JUNE 21, 2001

                                     AN ACT

     1  Amending Title 23 (Domestic Relations) of the Pennsylvania
     2     Consolidated Statutes, further providing for information
     3     relating to prospective child-care personnel.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 6344(c)(2) and (d) of Title 23 of the
     7  Pennsylvania Consolidated Statutes are amended to read:
     8  § 6344.  Information relating to prospective child-care
     9             personnel.
    10     * * *
    11     (c)  Grounds for denying employment.--
    12         * * *
    13         (2)  In no case shall an administrator hire an applicant
    14     if the applicant's criminal history record information
    15     indicates the applicant has been convicted of one or more of
    16     the following offenses under Title 18 (relating to crimes and
    17     offenses) or an equivalent crime under Federal law or the law
    18     of another state:

     1         Chapter 25 (relating to criminal homicide).
     2         Section 2702 (relating to aggravated assault).
     3         [Section 2709 (relating to harassment and stalking).]
     4         Section 2709(b) (relating to harassment and stalking).
     5         Section 2901 (relating to kidnapping).
     6         Section 2902 (relating to unlawful restraint).
     7         Section 3121 (relating to rape).
     8         Section 3122.1 (relating to statutory sexual assault).
     9         Section 3123 (relating to involuntary deviate sexual
    10     intercourse).
    11         Section 3124.1 (relating to sexual assault).
    12         Section 3125 (relating to aggravated indecent assault).
    13         Section 3126 (relating to indecent assault).
    14         Section 3127 (relating to indecent exposure).
    15         Section 4302 (relating to incest).
    16         Section 4303 (relating to concealing death of child).
    17         Section 4304 (relating to endangering welfare of
    18     children).
    19         Section 4305 (relating to dealing in infant children).
    20         A felony offense under section 5902(b) (relating to
    21     prostitution and related offenses).
    22         Section 5903(c) or (d) (relating to obscene and other
    23     sexual materials and performances).
    24         Section 6301 (relating to corruption of minors).
    25         Section 6312 (relating to sexual abuse of children).
    26         The attempt, solicitation or conspiracy to commit any of
    27     the offenses set forth in this paragraph.
    28         * * *
    29     (d)  Prospective adoptive or foster parents.--With regard to
    30  prospective adoptive or prospective foster parents, the
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     1  following shall apply:
     2         (1)  In the course of causing an investigation to be made
     3     pursuant to section 2535(a) (relating to investigation), an
     4     agency or person designated by the court to conduct the
     5     investigation shall require prospective adoptive parents to
     6     submit the information set forth in subsection (b)(1) and (2)
     7     for review in accordance with this section.
     8         (2)  In the course of approving a prospective foster
     9     parent, a foster family care agency shall require prospective
    10     foster parents to submit the information set forth in
    11     subsection (b)(1) and (2) for review by the foster family
    12     care agency in accordance with this section.
    13         (3)  In no case shall the court approve a prospective
    14     foster parent if the prospective foster parent's criminal
    15     history record information indicates the prospective foster
    16     parent has ever been convicted of an offense under 18 Pa.C.S.
    17     § 6312 (relating to sexual abuse of children).
    18     * * *
    19     Section 2.  This act shall take effect in 60 days.








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