PRIOR PRINTER'S NOS. 25, 541 PRINTER'S NO. 651
No. 25 Session of 1975
INTRODUCED BY O'PAKE, COPPERSMITH, ROSS, DOUGHERTY, ZEMPRELLI,
REIBMAN, EARLY, SWEENEY, LEWIS, MURRAY, JUBELIRER, KURY,
MURPHY, FRAME, FLEMING, MELLOW, STAPLETON, HAGER, SNYDER,
CIANFRANI, MESSINGER, NOLAN, MANBECK, SMITH, SCANLON,
DUFFIELD, MAZZEI, ORLANDO, MYERS, LYNCH, HILL AND McKINNEY,
JANUARY 21, 1975
AS AMENDED ON SECOND CONSIDERATION, APRIL 22, 1975
AN ACT
1 Establishing child protective services; providing procedures for
2 reporting and investigating the abuse of children; providing
3 immediate access to a central register on child abuse;
4 investigating such reports; providing for taking protective
5 action; placing duties on the Department of Public Welfare
6 and county child welfare agencies; AND providing penalties. <--
7 and making an appropriation. <--
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Short Title.--This act shall be known and may be
11 cited as the "Child Protective Services Law."
12 Section 2. Findings and Purpose.--Abused children are in
13 urgent need of an effective child protective service to prevent
14 them from suffering further injury and impairment. It is the
15 purpose of this act to encourage more complete reporting of
16 suspected child abuse and to establish in each county a child
17 protective service capable of investigating such reports swiftly
18 and competently and capable of providing protection for children
1 from further abuse and rehabilitative services for children and
2 parents involved so as to ensure the child's well-being and to
3 preserve and stabilize family life whereever appropriate.
4 Section 3. Definitions.--As used in this act:
5 "Abused child" means a child under 18 years of age who
6 discloses evidence of gross physical neglect, sexual abuse or
7 grave physical or emotional injury not explained by the
8 available medical history as being accidental if the neglect,
9 abuse, or injury has been caused by the acts or ommissions of
10 the child's parents or by a person responsible for the child's
11 welfare provided, however, no child shall be deemed to be
12 physically abused for the sole reason he is in good faith being
13 furnished treatment by spiritual means through prayer alone in
14 accordance with the tenets and practices of a recognized church
15 or religious denomination by a duly accredited practitioner
16 thereof.
17 "Expunge" means to strike out or obliterate entirely so that
18 the expunged information may not be stored, identified, or later
19 recovered by any means mechanical, electronic, or otherwise.
20 "Founded report" means a report made pursuant to this act if
21 there has been any judicial adjudication based on a finding that
22 a child who is a subject of the report has been abused.
23 "Indicated report" means a report made pursuant to this act <--
24 if an investigation determines that some credible evidence of
25 the alleged abuse exists.
26 "Subject of the report" means any child reported to the
27 central register of child abuse and his parent, guardian or
28 other person legally responsible also named in the report.
29 "UNDER INVESTIGATION" MEANS A REPORT PURSUANT TO THIS ACT <--
30 WHICH IS BEING INVESTIGATED TO DETERMINE WHETHER IT IS
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1 "FOUNDED," "UNEXPLAINED," OR "UNFOUNDED."
2 "Unexplained report" means a report made pursuant to this act
3 if an investigation determines that some credible evidence of
4 the alleged abuse exists, and the child protective services
5 agency does not determine that the injuries were inflicted
6 accidentally.
7 "Unfounded report" means any report made pursuant to this act
8 unless the report is a "founded report" or unless an
9 investigation determines that the report is unexplained.
10 Section 4. Persons Required to Report Suspected Child
11 Abuse.--The persons who, in the course of their employment,
12 occupation, or practice of their profession, have cause to come
13 in contact with children, including but not limited to any
14 licensed physician, medical examiner, coroner, dentist,
15 osteopath, optometrist, chiropractor, podiatrist, intern,
16 registered nurse, licensed practical nurse, hospital personnel
17 engaged in the admission, examination, care or treatment of
18 persons, a Christian Science practitioner, school official,
19 school teacher, social services worker, day care center worker
20 or any other child care or foster care worker, mental health
21 professional, peace officer or law enforcement official are
22 required to report or cause a report to be made in accordance
23 with this act when they have reason to believe, on the basis of
24 their medical, professional or other training and experience,
25 that a child coming before them in their professional or
26 official capacity is an abused child. However, whenever such
27 person is required to report under this act in his capacity as a
28 member of the staff of a medical or other public or private
29 institution, school, facility, or agency, he shall immediately
30 notify the person in charge of such institution, school,
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1 facility, or agency, or his designated agent, who then also
2 shall become responsible to report or cause reports to be made.
3 Nothing in this act is intended to require more than one report
4 from any such institution, school or agency.
5 Section 5. Any Person Permitted to Report.--In addition to
6 those persons and officials required to report suspected child
7 abuse, any person may make such a report if that person has
8 reasonable cause to suspect that a child is an abused child.
9 Section 6. Reporting Procedure.--Reports of suspected child
10 abuse shall be made immediately by telephone and in writing
11 within 48 hours after the oral report. Oral reports may be made
12 to the appropriate county child welfare agency and shall be made
13 to the Statewide central registry pursuant to section 13. In
14 those localities in which oral reports are made initially to the
15 county public child welfare agency, the child protective service
16 agent of said agency shall immediately make a report to the
17 Statewide central register. Written reports shall be made to the
18 appropriate county public child welfare agency in a manner
19 prescribed and on forms supplied by the Department of Public
20 Welfare. Reports shall include the following information: the
21 names and addresses of the child and his parents or other person
22 responsible for his care, if known; the child's age, sex and
23 race; the nature and extent of the child's abuse, including any
24 evidence of prior abuse to the child or his siblings; the name
25 of the person or persons responsible for causing the abuse if
26 known; family composition; the source of the report; the person
27 making the report and where he can be reached; the actions taken
28 by the reporting source, including the taking of photographs and
29 x-rays, removal or keeping of the child or notifying the medical
30 examiner or coroner; and any other information which the
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1 Department of Public Welfare may, by regulation, require. The
2 failure of any person reporting cases of suspected child abuse
3 to confirm an oral report in writing within 48 hours shall in no
4 way relieve the county public welfare agency from any duties
5 established by this act as if a written report were actually
6 made.
7 Section 7. Obligations of Persons Required to Report.--Any
8 person or official required to report cases of suspected child
9 abuse may take or cause to be taken at public expense
10 photographs of the areas of trauma visible on a child who is
11 subject to a report and, if medically indicated, cause to be
12 performed a radiological examination on the child. Any
13 photographs or x-rays taken shall be sent to the child
14 protective service at the time the written report is sent, or as
15 soon thereafter as possible.
16 Section 8. Taking a Child into Protective Custody.--(a) A
17 child may be taken into custody:
18 (1) Pursuant to a court order under the act of December 6,
19 1972 (P.L.1464, No.333), known as the "Juvenile Act."
20 (2) By a law enforcement officer or duly authorized officer
21 of the court if there are reasonable grounds to believe that the
22 child is suffering from illness or injury or is in imminenent
23 danger from his surroundings and that his or her removal is
24 necessary.
25 (3) By a physician examining or treating the child or
26 director or his designee of any hospital or other medical
27 institution where the child is being treated if such protective
28 custody is immediately necessary to protect the child from
29 further gross neglect, sexual abuse, or grave physical injury.
30 (b) Any individual taking a child into protective custody
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1 under this act shall immediately notify the child's parent,
2 guardian or other custodian of the child's whereabouts, and
3 shall immediately notify the appropriate child welfare agency in
4 order that proceedings under the Juvenile Act may be initiated
5 if appropriate.
6 (c) In no case shall protective custody under this act be
7 maintained longer than 72 hours without a detention hearing.
8 (d) No child taken into protective custody under this act
9 shall be detained during such protective custody except in an
10 appropriate medical facility.
11 Section 9. Mandatory Reporting to and Post-mortem
12 Investigation of Deaths.--Any person or official required to
13 report cases of suspected child abuse, including workers of the
14 county public child welfare agency, who has reasonable cause to
15 suspect that a child died as a result of child abuse shall
16 report that fact to the coroner. The coroner shall accept the
17 report for investigation and shall report his finding to the
18 police, the district attorney, the county public child welfare
19 agency and, if the institution making the report is a hospital,
20 the hospital.
21 Section 10. Immunity from Liability.--Any person
22 participating in good faith in the making of a report or
23 testifying in any proceeding arising out of child abuse, the
24 taking of photographs, or the removal or keeping of a child
25 pursuant to section 8 shall have immunity from any liability,
26 civil or criminal, that might otherwise result by reason of such
27 actions. For the purpose of any proceeding, civil or criminal,
28 the good faith of any person required to report cases of child
29 abuse shall be presumed.
30 Section 11. Penalties for Failure to Report.--(a) Any person
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1 or official required by this act to report a case of suspected
2 child abuse who wilfully fails to do so shall be guilty of a
3 summary offense, except that for a second or subsequent offense <--
4 the person or official shall be guilty of a misdemeanor of the
5 third degree, except that for a second offense shall be guilty
6 of a misdemeanor of the second degree, and subsequent offense
7 the person or official shall be guilty of a misdemeanor of the
8 first degree.
9 (b) Any person or official required by this act to report a
10 case of suspected child abuse who wilfully fails to do so shall
11 be civilly liable for the damages proximately caused by such
12 failure.
13 Section 12. Education and Training.--The Department of
14 Public Welfare and county public child welfare agency, both
15 jointly and individually, shall conduct a continuing publicity
16 and education program for local staff, persons required to
17 report and any other appropriate persons to encourage the
18 fullest degree of reporting of suspected child abuse. The
19 program shall include but not be limited to responsibilities,
20 obligations and powers under this act as well as the diagnosis
21 of child abuse and the procedures of the county public child
22 welfare agency, the court and other duly authorized agencies.
23 Section 13. Statewide Central Register.--(a) There shall be
24 established in the Department of Public Welfare a Statewide
25 central register of child abuse report summaries made pursuant
26 to this act.
27 (b) The central register shall be capable of receiving from
28 county child protective services report summaries of child abuse
29 and of immediately identifying prior reports of child abuse and
30 be capable of monitoring the provision of child welfare
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1 protective service 24 hours a day, seven days a week. To
2 effectuate this purpose, but subject to the provisions of the
3 appropriate local plan for the provision of child protective
4 services, there shall be a single Statewide toll-free telephone
5 number that all persons, whether mandated by the law or not, may
6 use to report cases of suspected child abuse and that all
7 persons authorized by section 8 to take children into protective
8 custody may use for determining the existence of prior reports.
9 Persons receiving information under this subsection may be
10 informed only as to whether a prior report exists, the number of
11 such reports, whether the reports are founded, unexplained or
12 unfounded, the statutory meaning of these terms, and the
13 location and telephone number of the appropriate county child
14 welfare agency. Such reports shall be immediately transmitted by
15 the Department of Public Welfare to the appropriate county
16 public child welfare agency. If the records indicate a previous
17 report concerning a subject of the report or other pertinent
18 information, the appropriate county public child welfare agency
19 shall be immediately notified of the fact.
20 (c) The central register shall include and shall be limited
21 to the following information: the names of the subjects of the
22 reports; the date or dates of the alleged instances of abuse;
23 the home addresses of the subjects of the report; the locality
24 in which the alleged abuse occurred; whether the report is
25 adjudicated "founded," "unexplained," "unfounded," or "under
26 investigation"; and the results of any legal proceedings brought
27 on the basis of the alleged abuse.
28 (d) No information shall be released under this section
29 unless the identity of the person or official requesting the
30 information is confirmed by the department.
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1 (e) Information in the central registry shall not be
2 released for any purpose or to any individual not specified in
3 this section.
4 (f) Unless an investigation of a report conducted pursuant
5 to this act determines that the report is "founded" or
6 "unexplained," all information identifying the subjects of the
7 report shall be expunged from the central register forthwith.
8 (g) In all other cases, the record of the report to the
9 central register shall be sealed no later than the subject
10 child's 18th birthday. Once sealed, a record shall not otherwise
11 be available except as provided under section 14(b) unless the
12 Secretary of Public Welfare, upon notice to the subjects of the
13 report, gives his personal approval for an appropriate reason.
14 In any case and at any time, the Secretary of Public Welfare may
15 amend, seal or expunge any record upon good cause shown and
16 notice to the subjects of the report. In any event, all
17 information identifying the subjects of all "unexplained"
18 reports shall be expunged no later than ten years after the date
19 of the last "unexplained" report on any subject.
20 Section 14. Confidentiality of Records.--(a) Except as
21 provided in section 13, reports made pursuant to this act as
22 well as any other information obtained, reports written or
23 photographs taken concerning such reports in the possession of
24 the Department of Public Welfare or county public child welfare
25 agency shall be confidential and shall only be made available
26 to:
27 (i) A physician who has before him a child whom he
28 reasonably suspects may be abused.
29 (ii) A police officer or law enforcement official who has
30 before him a child who he reasonably suspects may be abused.
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1 (iii) A duly authorized official of a county public child
2 welfare agency that has received a report of suspected child
3 abuse.
4 (iv) A guardian ad litem for the child.
5 (b) After a child who is the subject of a report reaches the
6 age of 18 years, access to a child's report shall be permitted
7 only to a court and only if a sibling or offspring of such child
8 is before such court and is a suspected victim of child abuse.
9 (c) At any time, a subject of a report may receive, upon
10 request, a copy of all information contained in the central
11 register or in any report filed pursuant to section 6. The
12 Secretary of Public Welfare shall prohibit the release of data
13 that would identify the person who made the report or who
14 cooperated in a subsequent investigation, which he reasonably
15 finds will be detrimental to the safety or interests of such
16 person.
17 (d) At any time subsequent to the completion of the
18 investigation a subject of a report may request the Secretary of
19 Public Welfare to amend, seal or expunge the summary of the
20 report in the central registry or the contents of any report
21 filed pursuant to section 6. If the Secretary of Public Welfare
22 refuses or does not act within a reasonable time, but in no
23 event later than 30 days after such request, the subject shall
24 have the right to a hearing to determine whether the summary in
25 the central register or the contents of the reports should be
26 amended or expunged on the grounds that it is inaccurate or it
27 is being maintained in a manner inconsistent with this act. The
28 appropriate county public child welfare agency shall be given
29 notice of the hearing. The burden of proof in such hearing shall
30 be on the Department of Public Welfare and appropriate county
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1 public child welfare agency. In such hearings, the fact that
2 there was a court finding of child abuse shall be presumptive
3 evidence that the report was substantiated. The Secretary of
4 Public Welfare or his designated agent is hereby authorized and
5 empowered to make any appropriate order respecting the amendment
6 or expungement of such records to make it accurate or consistent
7 with the requirements of this act.
8 (e) Written notice of any expungement or amendment of any
9 record, made pursuant to the provisions of this act, shall be
10 served upon each subject of such record and the appropriate
11 county public child welfare agency. The latter, upon receipt of
12 such notice, shall take the appropriate similar action in regard
13 to the local child abuse records and inform, for the same
14 purpose, any other agency which received such record pursuant to
15 clause (4) of section 15 16. <--
16 (f) Any person who wilfully permits and any person who
17 encourages the release of any data and information contained in
18 the central register or the child welfare records required by
19 this act to persons or agencies not permitted by this act shall
20 be guilty of a misdemeanor of the third degree.
21 (g) Nothing contained in this section shall limit the use of
22 subpoenas lawfully issued, of TO OBTAIN SUMMARIES, OR reports <--
23 made pursuant to this act.
24 Section 15. Child Protective Service Responsibilities and
25 Organization; Local Plan.--(a) Every county public child welfare
26 agency shall establish a "child protective service" within such
27 agency. The child protective service shall perform those
28 functions assigned by this act to it and only such others that
29 would further the purposes of this act. It shall have a
30 sufficient staff of sufficient qualifications to fulfill the
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1 purposes of this act and organized in such a way as to maximize
2 the continuity of responsibility, care and service of individual
3 workers toward individual children and families. The child
4 protective service of the county public child welfare agency
5 shall be the sole agency responsible for receiving and
6 investigating all reports of child abuse made pursuant to this
7 act for the purpose of providing protective services to prevent
8 further abuses to children and to provide or arrange for and
9 monitor the provision of those services necessary to safeguard
10 and ensure the child's well-being and development, and to
11 preserve and stabilize family life wherever appropriate.
12 (b) Any other provision of law notwithstanding, but
13 consistent with subsection (a), the county public child welfare
14 agency, based upon the local plan of services as provided in
15 subsection (c), may purchase and utilize the services of any
16 appropriate public or voluntary agency.
17 (c) No later than January 30 of every year, each county
18 public child welfare agency shall prepare and submit to the
19 Department of Public Welfare after consultation with local law
20 enforcement agencies, the court and appropriate public or
21 voluntary agencies and after a public hearing, a local plan for
22 the provision of child protective services which shall describe
23 the implementation of this act including the organization,
24 staffing, mode of operations and financing of the child
25 protective service as well as the provisions made for purchase
26 of service and inter-agency relations. The local plan may take
27 effect immediately. Within 30 days the Department of Public
28 Welfare shall certify whether or not the local plan fulfills the
29 purposes of and meets the requirements set forth in this act. If
30 the department certifies that the local plan does not do so, the
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1 department shall state the reasons therefor and may withhold
2 State reimbursement for all or part of the activities of the
3 agency.
4 Section 16. Duties of the Child Protective Service
5 Concerning Reports of Abuse.--Each child protective service
6 shall:
7 (1) Receive on a 24-hour, seven day a week basis all reports
8 of suspected child abuse in accordance with this act, the local
9 plan for the provision of child protective services and the
10 regulations of the Department of Public Welfare.
11 (2) Maintain and keep up-to-date a local child abuse
12 register of all cases reported under this act together with any
13 additional information obtained and a record of the final
14 disposition of the report, including services offered and
15 accepted.
16 (3) Upon the receipt of each written report made pursuant to
17 this act, transmit, forthwith, a summary thereof as set forth in
18 section 13(c) to the central register of child abuse. Follow-up
19 reports shall be made at regular intervals thereafter in a
20 manner and form prescribed by the Department of Public Welfare
21 by regulation to the end that the central register is kept fully
22 informed and up-to-date concerning the status of reports.
23 Written reports from an investigation conducted pursuant to this
24 section shall be the product of and shall be signed by two or
25 more child protective services workers.
26 (4) Give telephone notice and forward immediately a copy of
27 reports made pursuant to this act which involve the death of a
28 child to the appropriate district attorney.
29 (5) Upon receipt of such report, commence within twenty-four <--
30 24 hours, an appropriate investigation which shall include an
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1 evaluation of the environment of the child named in the report
2 and any other children in the same home and a determination of
3 the risk to such children if they continue to remain in the
4 existing home environment, as well as a determination of the
5 nature, extent, and cause of any condition enumerated in such
6 report, the name, age and condition of other children in the
7 home, and, after seeing to the safety of the child or children,
8 forthwith notify the subjects of the report in writing, of the
9 existence of the report and their rights pursuant to this act in
10 regard to amendment or expungement.
11 (6) Determine, within 30 days, whether the report is
12 "founded," "unexplained," or "unfounded."
13 (7) Take a child into protective custody to protect him from
14 further abuse when appropriate subject to the provisions of
15 section 8. No child protective services worker shall enter the
16 home of any individual for this purpose without judicial
17 authorization issued upon a showing of probable cause that the
18 child is in immediate danger of further abuse, as defined in
19 this act.
20 (8) Based on the investigation and evaluation conducted
21 pursuant to this act, provide or contract with private or public
22 agencies for the protection of the child in his home whenever
23 possible, and/or those services necessary for adequate care of
24 the child when placed in protective custody. Prior to offering
25 such services to a family, explain that it has no legal
26 authority to compel such family to receive said services, but
27 may inform the family of the obligations and authority of the
28 county public child welfare agency to initiate appropriate court
29 proceedings.
30 (9) In those cases in which an appropriate offer of service
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1 is refused and the child protective service determines or if the
2 service for any other appropriate reason determines that the
3 best interests of the child require court action, initiate the
4 appropriate court proceeding or make a referral to the
5 appropriate district attorney, or both.
6 (10) Assist the court during all stages of the court
7 proceeding in accordance with the purposes of this act.
8 (11) Provide or arrange for and monitor rehabilitative
9 services for children and their families on a voluntary basis or
10 under a final or intermediate order of the court.
11 Section 17. Cooperation of Other Agencies.--The Secretary of
12 Public Welfare may request and shall receive from departments,
13 boards, bureaus, or other agencies of the Commonwealth, or any
14 of its political subdivisions, or any duly authorized agency, or
15 any other agency providing services under the local child
16 protective services plan such assistance and data as will enable
17 the Department of Public Welfare and county public child welfare
18 agency to fulfill their responsibilities properly.
19 Section 18. Annual Reports.--No later than April 15 of every
20 year, the Secretary of Public Welfare shall prepare and transmit
21 to the Governor and the General Assembly a report on the
22 operations of the central register of child abuse and the
23 various county public child welfare agencies. The report shall
24 include a full statistical analysis of the reports made to the
25 central register together with a report on the implementation of
26 this act and its total cost to the Commonwealth, his evaluation
27 of services offered under this act and his recommendations for
28 repeal or for additional legislation to fulfill the purposes of
29 this act. All such recommendations should contain an estimate of
30 increased or decreased costs resulting therefrom.
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1 Section 19. Regulations.--The Department of Public Welfare
2 shall adopt regulations necessary to implement this act.
3 Section 20. Hearings and Evidence.--In addition to the rules
4 of evidence provided under the Juvenile Act the following shall
5 govern in child abuse proceedings in juvenile or family court:
6 (a) Whenever any person required to report under this act is
7 unavailable due to death or removal from the court's
8 jurisdiction, the written report of such person shall be
9 admissible in evidence in any proceedings arising out of child
10 abuse other than proceedings under the Crimes Code. SUMMARIES OF <--
11 REPORTS PURSUANT TO SUBSECTION (A) OF SECTION 13 SHALL ALSO BE
12 ADMISSIBLE IN EVIDENCE IN ANY PROCEEDING ARISING OUT OF CHILD
13 ABUSE OTHER THAN UNDER THE CRIMES CODE. Any hearsay contained in
14 the reports OR SUMMARIES shall be given such weight, if any, as <--
15 the court shall determine to be appropriate under all of the
16 circumstances. However, any hearsay contained in a written
17 report OR SUMMARY shall not of itself be sufficient to support <--
18 an adjudication based on abuse.
19 (b) Except for privileged communications between a lawyer
20 and his client and between a minister and his penitent, any
21 privilege of confidential communication between husband and wife
22 or between any professional person, including but not limited to
23 physicians, psychologists, counselors, employees of hospitals,
24 clinics, day care centers, and schools and their patients or
25 clients, shall not constitute grounds for excluding evidence at
26 any proceeding regarding child abuse or the cause thereof.
27 (c) Evidence that a child has suffered gross physical
28 neglect, sexual abuse or grave physical injury of such a nature
29 as would ordinarily not be sustained or exist except by reason
30 of the acts or omissions of the parent or other person
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1 responsible for the welfare of such child shall be prima facie
2 evidence of child abuse by the parent or other person
3 responsible for the child's welfare.
4 Section 21. Appropriation.--There is hereby appropriated to <--
5 the Department of Public Welfare the sum of $500,000, or so much
6 thereof as is necessary for the establishment of services
7 prescribed by this act. Additional funds may be appropriated
8 from time to time as may be necessary to carry out the
9 provisions of this act.
10 Section 22 21. The Guardian Ad Litem.--The court, when a <--
11 proceeding has been filed arising out of child abuse, shall
12 appoint a guardian ad litem for the child who shall be an
13 attorney-at-law. The guardian shall be given access to all
14 reports relevant to the case and to any reports of examination
15 of the child's parents or other custodian pursuant to this act.
16 The guardian ad litem shall be charged with the representation
17 of the child's best interests at every stage of the proceeding
18 and shall make such further investigation necessary to ascertain
19 the facts, interview witnesses, examine and cross-examine
20 witnesses, make recommendations to the court and participate
21 further in the proceedings to the degree appropriate for
22 adequately representing the child.
23 Section 23 22. Repeals.--The act of August 14, 1967 <--
24 (P.L.239, No.91), entitled "An act relating to gross physical
25 neglect of, or injury to, children under eighteen years of age;
26 requiring reports in such cases by examining physicians or heads
27 of institutions to county public child welfare agencies;
28 imposing powers and duties on county public child welfare
29 agencies based on such reports; and providing penalties," is
30 repealed absolutely; all other acts and parts of acts, general,
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1 local and special, are repealed in so far as they are
2 inconsistent herewith.
3 Section 24 23. Effective Date.--This act shall take effect <--
4 60 days after enactment.
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