HOUSE AMENDED
PRIOR PRINTER'S NOS. 145, 444 PRINTER'S NO. 1070
No. 140 Session of 1987
INTRODUCED BY GREENLEAF AND O'PAKE, JANUARY 15, 1987
AS REPORTED FROM COMMITTEE ON HEALTH AND WELFARE, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 8, 1987
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
13 recordkeeping duties of the department and information <--
14 relating to prospective child-care personnel. THE <--
15 CONFIDENTIALITY OF RECORDS; AND PROVIDING FOR THE EMPLOYMENT
16 OF CERTAIN PERSONS ON A PROVISIONAL BASIS.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section 14(h) of the act of November 26, 1975 <--
20 (P.L.438, No.124), known as the Child Protective Services Law,
21 amended July 1, 1985 (P.L.124, No.33), is amended to read:
22 Section 14. Record Keeping Duties of the Department.--* * *
23 (h) When a report of suspected child abuse is determined by
1 the appropriate child protective service to be a founded report
2 or an indicated report, the information concerning such report
3 of suspected child abuse shall be expunged forthwith from the
4 pending complaint file and an appropriate entry shall be made in
5 the Statewide central register. Notice of such determination
6 must be given to the subjects of the report other than the
7 abused child along with an explanation of the implications of
8 such a finding and, upon request, to the person who reported the
9 suspected abuse if such person is required to report under
10 section 4 and has a current and ongoing professional
11 relationship with the child or with a sibling of the child.
12 Notice given to subjects of the report shall include notice that
13 their ability to obtain employment in a child care facility or
14 program may be adversely affected by entry of the report in the
15 Statewide central register. The notice shall also inform the
16 subject of the report of his right, at any time, to request the
17 secretary to amend, seal or expunge information contained in the
18 Statewide central register and his right to a hearing if the
19 request is denied. When a report of suspected child abuse is
20 determined by the appropriate child protective service to be an
21 unfounded report, the information concerning such report of
22 suspected child abuse shall be expunged from the pending
23 complaint file within 12 months of the date the report was
24 received by the department and no information other than that
25 authorized by subsection (k), which shall not include any
26 identifying information on any subject of such report, shall be
27 retained by the department.
28 SECTION 1. SECTION 15(A) OF THE ACT OF NOVEMBER 26, 1975 <--
29 (P.L.438, NO.124), KNOWN AS THE CHILD PROTECTIVE SERVICES LAW,
30 IS AMENDED BY ADDING A CLAUSE TO READ:
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1 SECTION 15. CONFIDENTIALITY OF RECORDS.--(A) EXCEPT AS
2 PROVIDED IN SECTION 14, REPORTS MADE PURSUANT TO THIS ACT
3 INCLUDING BUT NOT LIMITED TO REPORT SUMMARIES OF CHILD ABUSE
4 MADE PURSUANT TO SECTION 6(B) AND WRITTEN REPORTS MADE PURSUANT
5 TO SECTION 6(C) AS WELL AS ANY OTHER INFORMATION OBTAINED,
6 REPORTS WRITTEN OR PHOTOGRAPHS OR X-RAYS TAKEN CONCERNING
7 ALLEGED INSTANCES OF CHILD ABUSE IN THE POSSESSION OF THE
8 DEPARTMENT, A COUNTY CHILDREN AND YOUTH SOCIAL SERVICE AGENCY OR
9 A CHILD PROTECTIVE SERVICE SHALL BE CONFIDENTIAL AND SHALL ONLY
10 BE MADE AVAILABLE TO:
11 * * *
12 (12) A MANDATED REPORTER OF CHILD ABUSE AS DEFINED IN
13 SECTION 4 WHO MADE A REPORT OF ABUSE INVOLVING THE SUBJECT
14 CHILD: PROVIDED, HOWEVER, THAT THE INFORMATION PERMITTED TO BE
15 RELEASED TO SUCH MANDATED REPORTER SHALL BE LIMITED TO THE
16 FOLLOWING:
17 (I) THE FINAL STATUS OF THE REPORT FOLLOWING THE
18 INVESTIGATION, WHETHER IT BE INDICATED, FOUNDED OR UNFOUNDED;
19 AND
20 (II) ANY SERVICES PROVIDED, ARRANGED FOR, OR TO BE PROVIDED
21 BY THE CHILD PROTECTIVE SERVICE TO PROTECT THE CHILD FROM
22 FURTHER ABUSE.
23 * * *
24 Section 2. Section 23.1 of the act is amended by adding a
25 subsection to read:
26 Section 23.1. Information Relating to Prospective Child Care
27 Personnel.--* * *
28 (o) Notwithstanding subsections (b), (c) and (f) AND (C), <--
29 administrators may employ applicants on a provisional basis for
30 a single period not to exceed 30 days, OR, FOR OUT-OF-STATE <--
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1 APPLICANTS, A PERIOD OF 90 DAYS, provided that all of the
2 following conditions apply ARE MET: <--
3 (1) the applicant has applied for the information required
4 under subsection (b), and the applicant provides a copy of the
5 appropriate completed request forms to the administrator;
6 (2) the administrator has no knowledge of information
7 pertaining to the applicant which would disqualify him from
8 employment pursuant to subsection (d) or (e); and <--
9 (3) the administrator requires that the applicant be
10 supervised at all times in his contacts with children.
11 (3) THE APPLICANT SWEARS OR AFFIRMS IN WRITING THAT HE IS <--
12 NOT DISQUALIFIED FROM EMPLOYMENT PURSUANT TO SUBSECTION (D) OR
13 (E);
14 (4) IF THE INFORMATION OBTAINED PURSUANT TO SUBSECTION (B)
15 REVEALS THAT THE APPLICANT IS DISQUALIFIED FROM EMPLOYMENT
16 PURSUANT TO SUBSECTION (D) OR (E), THE APPLICANT SHALL BE
17 IMMEDIATELY DISMISSED BY THE ADMINISTRATOR; AND
18 (5) THE ADMINISTRATOR REQUIRES THAT THE APPLICANT NOT BE
19 PERMITTED TO WORK ALONE WITH CHILDREN AND THAT THE APPLICANT
20 WORK IN THE IMMEDIATE VICINITY OF A PERMANENT EMPLOYEE.
21 Section 3. This act shall take effect in 60 days.
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