SENATE AMENDED
PRIOR PRINTER'S NOS. 1326, 1425, 1594, PRINTER'S NO. 1955
1653, 1859
No. 1138 Session of 1985
INTRODUCED BY SWEET, PICCOLA, PRATT, HAGARTY, MOEHLMANN,
KUKOVICH, GREENWOOD, CORDISCO, PRESSMANN, BALDWIN, McVERRY,
GALLAGHER, HAYES, FREIND, REBER, FOX AND MAYERNIK,
MAY 1, 1985
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 27, 1985
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 providing for the
13 provision and regulation of child care services and
14 recordkeeping duties and immunity from liability; and
15 requiring certain persons to furnish information of criminal
16 history.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. The definition of "child care" in section 3 of
20 the act of November 26, 1975 (P.L.438, No.124), known as the
21 Child Protective Services Law, is repealed.
22 Section 2. Section 3 of the act is amended by adding
23 definitions to read:
1 Section 3. Definitions.--As used in this act:
2 * * *
3 "Child care services" means child day care centers, group and
4 family day care homes, foster homes, adoptive parents, boarding
5 homes for children, juvenile detention center services or
6 programs for delinquent or dependent children; mental health,
7 mental retardation and drug and alcohol services for children;
8 and any other child CARE services which are provided by or <--
9 subject to approval, licensure, registration or certification by
10 the Department of Public Welfare or the Department of Health or <--
11 a county social services agency or which are provided pursuant
12 to a contract with these departments or a county social services
13 agency. The term shall not include such services or programs
14 which may be offered by public and private schools, intermediate
15 units or area vocational-technical schools.
16 * * *
17 "Cooperation with an investigation" shall include, but shall
18 not be limited to, a school or school district which permits
19 authorized personnel from the department or child protection
20 services to interview a student while the student is in
21 attendance at school.
22 * * *
23 Section 3. Sections 11 and 14(i) 14(H) AND (I) of the act, <--
24 amended June 10, 1982 (P.L.460, No.136), are amended to read:
25 Section 11. Immunity from Liability.--Any person, hospital,
26 institution, school, facility or agency participating in good
27 faith in the making of a report, cooperating with an
28 investigation or testifying in any proceeding arising out of an
29 instance of suspected child abuse, the taking of photographs, or
30 the removal or keeping of a child pursuant to section 8, shall
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1 have immunity from any liability, civil or criminal, that might
2 otherwise result by reason of such actions. For the purpose of
3 any proceeding, civil or criminal, the good faith of any person
4 required to report pursuant to section 4 shall be presumed.
5 Section 14. Record Keeping Duties of the Department.--* * *
6 (H) WHEN A REPORT OF SUSPECTED CHILD ABUSE IS DETERMINED BY <--
7 THE APPROPRIATE CHILD PROTECTIVE SERVICE TO BE A FOUNDED REPORT
8 OR AN INDICATED REPORT, THE INFORMATION CONCERNING SUCH REPORT
9 OF SUSPECTED CHILD ABUSE SHALL BE EXPUNGED FORTHWITH FROM THE
10 PENDING COMPLAINT FILE AND AN APPROPRIATE ENTRY SHALL BE MADE IN
11 THE STATEWIDE CENTRAL REGISTER. NOTICE OF SUCH DETERMINATION
12 MUST BE GIVEN TO THE SUBJECTS OF THE REPORT OTHER THAN THE
13 ABUSED CHILD ALONG WITH AN EXPLANATION OF THE IMPLICATIONS OF
14 SUCH A FINDING AND, UPON REQUEST, TO A PERSON REQUIRED TO REPORT <--
15 SUSPECTED ABUSE WHO HAS A CURRENT AND ONGOING RELATIONSHIP WITH
16 THE CHILD OR WITH A SIBLING OF THE CHILD. NOTICE GIVEN TO
17 SUBJECTS OF THE REPORT SHALL INCLUDE NOTICE THAT THEIR ABILITY
18 TO OBTAIN EMPLOYMENT IN A CHILD CARE FACILITY OR PROGRAM MAY BE
19 ADVERSELY AFFECTED BY ENTRY OF THE REPORT IN THE STATEWIDE
20 CENTRAL REGISTER. THE NOTICE SHALL ALSO INFORM THE SUBJECT OF
21 THE REPORT OF HIS RIGHT, AT ANY TIME, TO REQUEST THE SECRETARY
22 TO AMEND, SEAL OR EXPUNGE INFORMATION CONTAINED IN THE STATEWIDE
23 CENTRAL REGISTER AND HIS RIGHT TO A HEARING IF THE REQUEST IS
24 DENIED. WHEN A REPORT OF SUSPECTED CHILD ABUSE IS DETERMINED BY
25 THE APPROPRIATE CHILD PROTECTIVE SERVICE TO BE AN UNFOUNDED
26 REPORT, THE INFORMATION CONCERNING SUCH REPORT OF SUSPECTED
27 CHILD ABUSE SHALL BE EXPUNGED FROM THE PENDING COMPLAINT FILE
28 WITHIN 12 MONTHS OF THE DATE THE REPORT WAS RECEIVED BY THE
29 DEPARTMENT AND NO INFORMATION OTHER THAN THAT AUTHORIZED BY
30 SUBSECTION (K), WHICH SHALL NOT INCLUDE ANY IDENTIFYING
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1 INFORMATION ON ANY SUBJECT OF SUCH REPORT, SHALL BE RETAINED BY
2 THE DEPARTMENT.
3 (i) The Statewide central register shall include and shall
4 be limited to the following information: the names, social
5 security numbers, age and sex of the subjects of the reports;
6 the date or dates and the nature and extent of the alleged
7 instances of suspected child abuse; the home addresses of
8 subjects of the report; the county in which the suspected abuse
9 occurred; family composition; the name and relationship to the
10 abused child of the person or persons responsible for causing
11 the abuse; the source of the report; services planned or
12 provided; whether the report is a founded report, an indicated
13 report; and the progress of any legal proceedings brought on the
14 basis of the report of suspected child abuse.
15 * * *
16 Section 4. Section 14.1 of the act is repealed.
17 SECTION 5. SECTION 19 OF THE ACT IS AMENDED TO READ: <--
18 SECTION 19. ANNUAL REPORTS; CIVIL PENALTIES.--(A) NO LATER
19 THAN APRIL 15 OF EVERY YEAR, THE SECRETARY SHALL PREPARE AND
20 TRANSMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY A REPORT ON
21 THE OPERATIONS OF THE CENTRAL REGISTER OF CHILD ABUSE AND THE
22 VARIOUS CHILD PROTECTIVE SERVICES. THE REPORT SHALL INCLUDE A
23 FULL STATISTICAL ANALYSIS OF THE REPORTS OF SUSPECTED CHILD
24 ABUSE MADE TO THE DEPARTMENT TOGETHER WITH A REPORT ON THE
25 IMPLEMENTATION OF THIS ACT AND ITS TOTAL COST TO THE
26 COMMONWEALTH, THE SECRETARY'S EVALUATION OF SERVICES OFFERED
27 UNDER THIS ACT AND RECOMMENDATIONS FOR REPEAL OR FOR ADDITIONAL
28 LEGISLATION TO FULFILL THE PURPOSES OF THIS ACT. ALL SUCH
29 RECOMMENDATIONS SHOULD CONTAIN AN ESTIMATE OF INCREASED OR
30 DECREASED COSTS RESULTING THEREFROM. THE REPORT SHALL ALSO
19850H1138B1955 - 4 -
1 INCLUDE AN EXPLANATION OF SERVICES PROVIDED TO CHILDREN WHO WERE
2 THE SUBJECTS OF FOUNDED OR INDICATED REPORTS OF CHILD ABUSE
3 WHILE RECEIVING CHILD CARE SERVICES AS DEFINED IN SECTION 3 OF
4 THIS ACT. THE DEPARTMENT SHALL ALSO DESCRIBE ITS ACTIONS IN
5 RESPECT TO THE PERPETRATORS OF THE ABUSE.
6 (B) AN ADMINISTRATOR, OR OTHER PERSON RESPONSIBLE FOR
7 EMPLOYMENT DECISIONS IN A CHILD CARE FACILITY OR PROGRAM, WHO
8 WILFULLY FAILS TO COMPLY WITH THE PROVISIONS OS OF SECTION 23.1 <--
9 COMMITS A VIOLATION OF THIS ACT AND SHALL BE SUBJECT TO CIVIL
10 PENALTY AS PROVIDED IN THIS SECTION.
11 (1) THE DEPARTMENT SHALL HAVE JURISDICTION TO DETERMINE
12 VIOLATIONS OF SECTION 23.1 AND MAY, FOLLOWING A HEARING, ASSESS
13 A CIVIL PENALTY NOT TO EXCEED $2,500.
14 (2) THE CIVIL PENALTY SHALL BE PAYABLE TO THE COMMONWEALTH.
15 Section 5 6. The act is amended by adding a section to read: <--
16 Section 23.1. Background Checks of Prospective Employees.-- <--
17 (a) This section shall apply to all prospective employees of
18 child care services, including independent contractors and their
19 employees and foster parents except those employees and
20 independent contractors and their employees who have no direct
21 contact with children and prospective self-employed family day
22 care providers.
23 (b) Administrators of child care services shall require
24 prospective employees to submit with their applications for
25 employment, the following information, which shall be no more
26 than one year old:
27 SECTION 23.1. INFORMATION RELATING TO PROSPECTIVE CHILD CARE <--
28 PERSONNEL.--(A) THIS SECTION SHALL APPLY TO ALL PROSPECTIVE
29 EMPLOYEES OF CHILD CARE SERVICES, PROSPECTIVE FOSTER PARENTS,
30 PROSPECTIVE ADOPTIVE PARENTS, PROSPECTIVE SELF-EMPLOYED FAMILY <--
19850H1138B1955 - 5 -
1 DAY CARE PROVIDERS AND OTHER PERSONS SEEKING TO PROVIDE CHILD
2 CARE SERVICES AS REGULAR VOLUNTEERS OR UNDER CONTRACT WITH A <--
3 CHILD CARE FACILITY OR PROGRAM. THIS SECTION SHALL NOT APPLY TO
4 ADMINISTRATIVE OR OTHER SUPPORT PERSONNEL UNLESS THEIR DUTIES
5 WILL INVOLVE DIRECT CONTACT WITH CHILDREN.
6 (B) ADMINISTRATORS OF CHILD CARE SERVICES SHALL REQUIRE
7 APPLICANTS TO SUBMIT WITH THEIR APPLICATIONS THE FOLLOWING
8 INFORMATION OBTAINED WITHIN THE PRECEDING SIX-MONTH ONE-YEAR <--
9 PERIOD:
10 (1) A PURSUANT TO 18 PA.C.S. CH. 91 (RELATING TO CRIMINAL <--
11 HISTORY RECORD INFORMATION), A report of criminal history record
12 information from the Pennsylvania State Police or a statement
13 from the Pennsylvania State Police that the STATE POLICE central <--
14 repository contains no such information relating to that person.
15 Such criminal history record information shall be limited to
16 that which is disseminated pursuant to 18 Pa.C.S. § 9121(b)(2)
17 (relating to general regulations).
18 (2) A certification from the department as to whether the
19 applicant is named in the central register as the perpetrator of
20 a founded or indicated report of child abuse: Provided, That an
21 indicated report shall not be included until the department
22 adopts regulations specifying the manner in which the
23 investigation required by section 17 of this act is to be
24 conducted.
25 (3) Where the applicant is not a resident of this
26 Commonwealth, administrators shall require the applicant to
27 submit with the application for employment a report of Federal
28 criminal history record information pursuant to the Federal
29 Bureau of Investigation appropriation of Title II of Public Law
30 92-544, 86 Stat. 1115, and the department shall be the
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1 intermediary for the purposes of this section.
2 (c) For the purposes of this section, an applicant may
3 submit a copy of the required information with his or her
4 application for employment. Administrators SHALL MAINTAIN A COPY <--
5 OF THE REQUIRED INFORMATION AND shall require applicants to
6 produce the original document prior to employment.
7 (d) In determining suitability of an applicant for <--
8 employment based on criminal history record information,
9 administrators shall comply with regulations promulgated by the
10 department. Such regulations shall be promulgated prior to the
11 effective date of this act.
12 (e) (D) In no case shall an administrator hire an applicant <--
13 where the department has verified that the applicant is named in
14 the central register as the perpetrator of a founded report of
15 child abuse COMMITTED WITHIN THE FIVE-YEAR PERIOD IMMEDIATELY <--
16 PRECEDING VERIFICATION PURSUANT TO THIS SECTION.
17 (F) (E) IN NO CASE SHALL AN ADMINISTRATOR HIRE AN APPLICANT <--
18 IF THE APPLICANT'S CRIMINAL HISTORY RECORD INFORMATION INDICATES
19 THE APPLICANT HAS BEEN CONVICTED, WITHIN FIVE YEARS IMMEDIATELY
20 PRECEDING THE DATE OF THE REPORT, OF ONE OR MORE OF THE
21 FOLLOWING OFFENSES UNDER TITLE 18 OF THE PENNSYLVANIA
22 CONSOLIDATED STATUTES:
23 CHAPTER 25 (RELATING TO CRIMINAL HOMICIDE).
24 SECTION 2702 (RELATING TO AGGRAVATED ASSAULT).
25 SECTION 2901 (RELATING TO KIDNAPPING).
26 SECTION 2902 (RELATING TO UNLAWFUL RESTRAINT).
27 SECTION 3121 (RELATING TO RAPE).
28 SECTION 3122 (RELATING TO STATUTORY RAPE.
29 SECTION 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL
30 INTERCOURSE).
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1 SECTION 3126 (RELATING TO INDECENT ASSAULT).
2 SECTION 3127 (RELATING TO INDECENT EXPOSURE).
3 SECTION 4303 (RELATING TO CONCEALING DEATH OF CHILD BORN
4 OUT OF WEDLOCK).
5 SECTION 4304 (RELATING TO ENDANGERING WELFARE OF
6 CHILDREN).
7 SECTION 4305 (RELATING TO DEALING IN INFANT CHILDREN).
8 A FELONY OFFENSE UNDER SECTION 5902(B) (RELATING TO
9 PROSTITUTION AND RELATED OFFENSES).
10 SECTION 5903(C) OR (D) (RELATING TO OBSCENE AND OTHER
11 SEXUAL MATERIALS).
12 SECTION 6301 (RELATING TO CORRUPTION OF MINORS).
13 SECTION 6312 (RELATING TO SEXUAL ABUSE OF CHILDREN).
14 THE DEPARTMENT MAY PROMULGATE SUITABILITY REGULATIONS RELATING <--
15 TO ADDITIONAL CRIMES DIRECTLY RELATED TO ABUSE OF CHILDREN.
16 (G) (F) WITH REGARD TO PROSPECTIVE ADOPTIVE OR PROSPECTIVE <--
17 FOSTER PARENTS, THE FOLLOWING SHALL APPLY:
18 (1) IN THE COURSE OF CAUSING AN INVESTIGATION TO BE MADE
19 PURSUANT TO 23 PA.C.S. § 2535(A) (RELATING TO INVESTIGATION), AN
20 AGENCY OR PERSON DESIGNATED BY THE COURT TO CONDUCT SUCH
21 INVESTIGATION SHALL REQUIRE PROSPECTIVE ADOPTIVE PARENTS TO
22 SUBMIT THE INFORMATION SET FORTH IN SUBSECTION (B)(1) AND (2)
23 FOR REVIEW BY THE FOSTER FAMILY CARE AGENCY IN ACCORDANCE WITH <--
24 THIS SECTION.
25 (2) IN THE COURSE OF APPROVING A PROSPECTIVE FOSTER PARENT,
26 A FOSTER FAMILY CARE AGENCY SHALL REQUIRE PROSPECTIVE FOSTER
27 PARENTS TO SUBMIT THE INFORMATION SET FORTH IN SUBSECTION (B)(1)
28 AND (2) FOR REVIEW BY THE FOSTER FAMILY CARE AGENCY IN
29 ACCORDANCE WITH THIS SECTION.
30 (f) (H) (G) The department shall, in the manner provided by <--
19850H1138B1955 - 8 -
1 law, promulgate the regulations necessary to carry out this
2 section. These regulations shall:
3 (1) Set forth criteria for unsuitability for employment in a
4 child care service in relation to criminal history record
5 information WHICH MAY INCLUDE CRIMINAL HISTORY RECORD <--
6 INFORMATION IN ADDITION TO THAT SET FORTH ABOVE. Such criteria
7 shall be reasonably related to the prevention of child abuse.
8 (2) Set forth sanctions for administrators who wilfully hire
9 applicants in violation of subsection (d) THIS SECTION or in <--
10 violation of the regulations promulgated hereunder.
11 (3) Provide for the confidentiality of information obtained
12 pursuant to subsection (b).
13 (g) (I) (H) The department shall require persons seeking to <--
14 operate child care services to comply with subsection (b) SUBMIT <--
15 THE INFORMATION SET FORTH IN SUBSECTION (B)(1) AND (2) FOR
16 REVIEW IN ACCORDANCE WITH THIS SECTION.
17 (h) (J) (I) The department may charge a fee not to exceed <--
18 $10 in order to conduct the certification as required in
19 subsection (b)(2).
20 (i) (K) (J) The department shall comply with certification <--
21 requests no later than ten 14 days from the receipt of the <--
22 request.
23 (j) (L) (K) The department shall develop a procedure for the <--
24 voluntary certification of child caretakers, to allow persons to
25 apply to the department for a certificate indicating the person
26 has met the requirements of subsection (b). The department shall
27 also provide for the annual BIENNIAL recertification of such <--
28 persons.
29 (k) The Department of Health shall promulgate regulations <--
30 setting forth sanctions for administrators of services approved,
19850H1138B1955 - 9 -
1 certified or licensed by that department who wilfully hire
2 applicants in violation of subsection (e) or in violation of the
3 regulations promulgated under subsection (f).
4 (M) THE DEPARTMENT SHALL SET FORTH CRITERIA FOR IDENTIFYING <--
5 THOSE REGULAR CHILD CARE VOLUNTEERS WHO ARE SUBJECT TO THIS
6 SECTION.
7 (N) (L) NO PERSON EMPLOYED IN CHILD CARE SERVICES ON THE <--
8 EFFECTIVE DATE OF THIS SECTION SHALL BE REQUIRED TO OBTAIN THE
9 INFORMATION REQUIRED IN SUBSECTION (B)(1) AND (2) AS A CONDITION
10 OF CONTINUED EMPLOYMENT. ANY PERSON WHO HAS ONCE OBTAINED THE
11 INFORMATION REQUIRED UNDER SUBSECTION (B)(1) AND (2) MAY
12 TRANSFER TO ANOTHER CHILD CARE SERVICE ESTABLISHED AND
13 SUPERVISED BY THE SAME ORGANIZATION AND SHALL NOT BE REQUIRED TO
14 OBTAIN ADDITIONAL REPORTS BEFORE MAKING SUCH TRANSFER.
15 (l) (O) (M) The requirements of this section shall not apply <--
16 to employees of child care services who meet all the following
17 requirements:
18 (1) The employees are under 21 years of age.
19 (2) They are employed for periods of 90 days or less.
20 (3) They are a part of a job development and/or job training
21 program funded in whole or in part by public or private sources.
22 Once employment of a person who meets these conditions extends
23 beyond 90 days, all requirements of this section shall take
24 effect.
25 (m) (P) (N) Self-employed family day care providers who <--
26 apply for a certificate of registration with the department
27 after the effective date of this act shall submit with their
28 registration application a report of criminal history record
29 information and shall also obtain certification from the
30 department as to whether the applicant is named in the central
19850H1138B1955 - 10 -
1 register as the perpetrator of a founded report of child abuse.
2 Section 6. Section 19 of the act is amended to read: <--
3 Section 19. Annual Reports.--No later than April 15 of every
4 year, the secretary shall prepare and transmit to the Governor
5 and the General Assembly a report on the operations of the
6 central register of child abuse and the various child protective
7 services. The report shall include a full statistical analysis
8 of the reports of suspected child abuse made to the department
9 together with a report on the implementation of this act and its
10 total cost to the Commonwealth, the secretary's evaluation of
11 services offered under this act and recommendations for repeal
12 or for additional legislation to fulfill the purposes of this
13 act. All such recommendations should contain an estimate of
14 increased or decreased costs resulting therefrom. The report
15 shall also include an explanation of services provided to
16 children who were the subjects of founded or indicated reports
17 of child abuse while receiving child care services as defined in
18 section 3 of this act. The department shall also describe its
19 actions in respect to the perpetrators of the abuse.
20 Section 7. (a) Sections 1 and 4 of this act shall take
21 effect immediately.
22 (b) The remainder of this act shall take effect January 1,
23 1986, or immediately, whichever is later.
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