PRINTER'S NO. 572
No. 522 Session of 1983
INTRODUCED BY O'PAKE AND WILT, MARCH 18, 1983
REFERRED TO AGING AND YOUTH, MARCH 18, 1983
AN ACT
1 Amending the act of November 26, 1975 (P.L.438, No.124),
2 entitled, as amended, "An act establishing child protective
3 services; providing procedures for reporting and
4 investigating the abuse of children; establishing and
5 providing access to a Statewide central register and pending
6 complaint file on child abuse; investigating such reports;
7 providing for taking protective action including taking a
8 child into protective custody; placing duties on the
9 Department of Public Welfare and county children and youth
10 social service agencies; establishing child protective
11 services in each county children and youth social service
12 agency; and providing penalties," further defining "family or
13 household members."
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. The definition of "family or household members"
17 in section 3 of the act of November 26, 1975 (P.L.438, No.124),
18 known as the Child Protective Services Law, added June 10, 1982
19 (P.L.460, No.136), is amended to read:
20 Section 3. Definitions.--As used in this act:
21 * * *
22 "Family [or household] members" means spouses, [persons
23 living as spouses,] parents and children, or other persons
1 related by consanguinity or affinity.
2 * * *
3 Section 2. Section 15(9) and (10) of the act, added June 10,
4 1982 (P.L.460, No.136), are amended to read:
5 Section 15. Confidentiality of Records.--(a) Except as
6 provided in section 14, reports made pursuant to this act
7 including but not limited to report summaries of child abuse
8 made pursuant to section 6(b) and written reports made pursuant
9 to section 6(c) as well as any other information obtained,
10 reports written or photographs or x-rays taken concerning
11 alleged instances of child abuse in the possession of the
12 department, a county children and youth social service agency or
13 a child protective service shall be confidential and shall only
14 be made available to:
15 * * *
16 (9) Law enforcement officials in the course of investigating
17 cases of (i) homicide, sexual abuse or exploitation, or serious
18 bodily injury as perpetrated by persons whether related or not
19 related to the victim; (ii) child abuse perpetrated by persons
20 who are not family [or household] members or (iii) repeated
21 physical injury to a child under circumstances which indicate
22 that the child's health or welfare is harmed or threatened.
23 (10) Law enforcement officials who shall receive reports of
24 abuse in which the initial review gives evidence that the abuse
25 is homicide, sexual abuse or exploitation, or serious bodily
26 injury perpetrated by persons whether related or not related to
27 the victim, or child abuse perpetrated by persons who are not
28 family [or household] members. Reports referred to law
29 enforcement officials shall be on such forms provided by and
30 according to regulations promulgated by the department. For
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1 purposes of section 15(a) "serious bodily injury" means bodily
2 injury which creates a substantial risk of death or which causes
3 serious permanent disfigurement or protracted loss or impairment
4 of the function of any bodily member or organ.
5 * * *
6 Section 3. This act shall take effect in 60 days.
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