PRIOR PRINTER'S NO. 4567 PRINTER'S NO. 4657
No. 2932 Session of 2004
INTRODUCED BY PHILLIPS, HARHART, GEIST, FAIRCHILD, ALLEN,
ARMSTRONG, BEBKO-JONES, BUNT, CAPPELLI, DAILEY, FLEAGLE,
S. MILLER, REICHLEY, RUBLEY, SATHER, SAYLOR, WATSON,
CRAHALLA, McGILL, GINGRICH, E. Z. TAYLOR, WEBER, KENNEY,
THOMAS, HORSEY, YOUNGBLOOD, MACKERETH AND BROWNE,
OCTOBER 20, 2004
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 8, 2004
AN ACT
1 Amending Titles 23 (Domestic Relations) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, FURTHER PROVIDING FOR MULTIDISCIPLINARY TEAM; <--
4 establishing the Child Abuse Multidisciplinary Response
5 Account; providing for ADDITIONAL duties of the Pennsylvania <--
6 Commission on Crime and Delinquency DEPARTMENT OF PUBLIC <--
7 WELFARE; making an appropriation; and further providing for
8 deposits into account.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Chapter 63 of Title 23 of the Pennsylvania <--
12 Consolidated Statutes is amended by adding a subchapter to read:
13 SECTION 1. SECTION 6365(B) OF TITLE 23 OF THE PENNSYLVANIA <--
14 CONSOLIDATED STATUTES IS AMENDED TO READ:
15 § 6365. SERVICES FOR PREVENTION, INVESTIGATION AND TREATMENT OF
16 CHILD ABUSE.
17 * * *
18 (B) MULTIDISCIPLINARY TEAM.--THE COUNTY AGENCY SHALL MAKE
1 AVAILABLE AMONG ITS SERVICES A MULTIDISCIPLINARY TEAM FOR THE
2 PREVENTION, INVESTIGATION AND TREATMENT OF CHILD ABUSE AND SHALL
3 CONVENE THE MULTIDISCIPLINARY TEAM AT ANY TIME, BUT NOT LESS
4 THAN ANNUALLY:
5 (1) TO REVIEW SUBSTANTIATED CASES OF CHILD ABUSE,
6 INCLUDING RESPONSES BY THE COUNTY AGENCY AND OTHER AGENCIES
7 PROVIDING SERVICES TO THE CHILD.
8 (2) WHERE APPROPRIATE TO ASSIST IN THE DEVELOPMENT OF A
9 FAMILY SERVICE PLAN FOR THE CHILD.
10 (3) WHEN APPROPRIATE TO ENDORSE A CHILD ADVOCACY CENTER
11 PURSUANT TO SUBCHAPTER F (RELATING TO MULTIDISCIPLINARY
12 RESPONSE TO CHILD ABUSE.)
13 * * *
14 SECTION 2. CHAPTER 63 OF TITLE 23 IS AMENDED BY ADDING A
15 SUBCHAPTER TO READ:
16 SUBCHAPTER F
17 MULTIDISCIPLINARY RESPONSE TO CHILD ABUSE
18 Sec.
19 6391. Short title of subchapter.
20 6392. Declaration.
21 6393. Definitions.
22 6394. Additional eligibility requirements.
23 6395. Establishment of Child Abuse Multidisciplinary Response
24 Account.
25 6396. Purpose of account.
26 6397. Distribution of funds.
27 § 6391. Short title of subchapter.
28 This subchapter shall be known and may be cited as the Child
29 Advocacy Center Funding Act.
30 § 6392. Declaration.
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1 The General Assembly finds and declares as follows:
2 (1) That the protection of children who have been abused
3 or neglected and who may be further threatened by the conduct
4 of persons responsible for their health, safety or welfare is
5 of paramount importance.
6 (2) That in responding to a report of child abuse, the
7 best interests of the child shall be the highest priority.
8 (3) That the best interests of a child who has been
9 abused or neglected are best met utilizing a
10 multidisciplinary response.
11 (4) That a multidisciplinary response that effectively
12 utilizes the full panoply of services available through a
13 child advocacy center provides a community-based,
14 comprehensive and coordinated child abuse intervention to
15 ensure that throughout the investigation and the ongoing
16 delivery of medical, social, legal and advocacy services to
17 the child, the child's best interests remain the priority.
18 § 6393. Definitions.
19 The following words and phrases when used in this subchapter
20 shall have the meanings given to them in this section unless the
21 context clearly indicates otherwise:
22 "Account" or "CAMRA." The Child Abuse Multidisciplinary
23 Response Account established in section 6395 (relating to
24 establishment of Child Abuse Multidisciplinary Response
25 Account).
26 "Child abuse." As defined in section 6303(b) (relating to
27 definitions), except that the term shall not be limited to acts
28 or omissions committed or alleged to have been committed by a
29 perpetrator.
30 "Child advocacy center." A local public agency in this
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1 Commonwealth, or a not-for-profit entity incorporated in this
2 Commonwealth that is tax exempt under section 501(c)(3) of the
3 Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
4 501(c)(3)) or any successor provision, which operates within
5 this Commonwealth, for the primary purpose of providing a child-
6 focused, facility-based program dedicated to coordinating a
7 formalized multidisciplinary response to suspected child abuse.
8 At a minimum, either on site or through a partnership with
9 another entity or entities, a child advocacy center shall assist
10 county agencies, investigative teams and law enforcement by
11 providing services, including forensic interviews, medical
12 evaluations, therapeutic interventions, victim support and
13 advocacy, team case reviews and a system for case tracking.
14 "Commission." The Pennsylvania Commission on Crime and <--
15 Delinquency.
16 "Eligible applicant." A county's multidisciplinary team <--
17 COUNTY AGENCY and a child advocacy center endorsed by the <--
18 COUNTY'S MULTIDISCIPLINARY TEAM AND district attorney, who file <--
19 a joint application for a grant pursuant to this subchapter. In
20 counties of the first and second class there shall be no more
21 than two eligible applicants in each county, and in all other
22 classes of counties there shall be no more than one eligible
23 applicant per county. A child advocacy center holding full <--
24 membership in the National Children's Alliance prior to the
25 effective date of this subchapter shall not require endorsement
26 by the district attorney so long as the center's full membership
27 is in good standing. A child advocacy center exempted from
28 district attorney endorsement that subsequently loses full
29 membership in the National Children's Alliance shall obtain the
30 endorsement of the district attorney in order to be an eligible
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1 applicant.
2 "Investigative team." An investigative team convened by the
3 district attorney pursuant to section 6365 (relating to services
4 for prevention, investigation and treatment of child abuse).
5 "Lobbying activities." Any effort to influence Federal,
6 State or local legislative or administrative action, including,
7 but not limited to, activities intended to influence the
8 issuance, amendment or revocation of any executive or
9 administrative order or regulation of a Federal, State or local
10 agency, or to influence the introduction, amendment, passage or
11 defeat of any legislation by the Congress of the United States
12 or by any State or local legislative body.
13 "Multidisciplinary response." A response to suspected child
14 abuse in which child protective services, law enforcement,
15 prosecution, victim support and advocacy agencies and medical
16 and mental health professionals cooperate pursuant to a written
17 protocol to provide coordinated intervention that assures that
18 children are connected to services that are necessary to provide
19 for their safety, health and well-being, and that as part of the
20 coordinated response, children are interviewed regarding the
21 suspected child abuse in a coordinated and child-focused manner
22 to avoid duplication of fact-finding and to minimize additional
23 trauma to the child.
24 "Multidisciplinary team." A multidisciplinary team
25 established in a county as required by section 6365 (relating to
26 services for prevention, investigation and treatment of child
27 abuse).
28 § 6394. Additional eligibility requirements.
29 The Pennsylvania Commission on Crime and Delinquency <--
30 DEPARTMENT, in consultation with the Department of Health, the <--
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1 Department of Public Welfare PENNSYLVANIA COMMISSION ON CRIME <--
2 AND DELINQUENCY, the Attorney General, a representative of a
3 Statewide association representing a majority of the elected
4 district attorneys in this Commonwealth, a representative of a
5 Statewide private, nonprofit association advancing
6 multidisciplinary responses to child abuse, a representative of
7 a Statewide organization representing a majority of the county
8 agency administrators and a representative of a Statewide
9 organization that has as its primary purpose the coordination
10 and operation of rape crisis programs shall adopt criteria for
11 determining whether a child advocacy center program qualifies as
12 a child advocacy center as defined in section 6393 (relating to
13 definitions). The commission DEPARTMENT may consider whether a <--
14 child advocacy center meets or is striving to meet all of the <--
15 current standards for accreditation as set forth by the National
16 Children's Alliance. NATIONAL OR STATE STANDARDS FOR CHILD <--
17 ADVOCACY CENTER ACCREDITATION.
18 § 6395. Establishment of Child Abuse Multidisciplinary Response
19 Account.
20 There is established in the State Treasury a nonlapsing
21 restricted receipt account to be known as the Child Abuse
22 Multidisciplinary Response Account (CAMRA) for the deposit of
23 the additional fees as provided in 42 Pa.C.S. § 3733(a.1)(2)(iv)
24 (relating to deposits into account).
25 § 6396. Purpose of account.
26 (a) Permitted use.--Except as provided in subsection (d),
27 all money in the account and any investment income accrued shall
28 be used exclusively to provide additional resources to eligible
29 applicants in the form of nonmatching grants to assist each
30 eligible applicant with the coordination of efforts related to
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1 the prevention, investigation and treatment of child abuse.
2 (b) Account administration.--The commission DEPARTMENT shall <--
3 administer the account and establish procedures related to the
4 application process for, determination of and distribution of
5 funds to each eligible applicant under this subchapter. The
6 commission DEPARTMENT may withhold annually an amount not <--
7 exceeding 5% of the funds deposited into the account in the
8 prior fiscal year to offset the actual costs incurred by the
9 commission DEPARTMENT in administering the fund. <--
10 (c) Prohibited use.--Recipients of funds under this
11 subchapter are prohibited from using these funds to contribute
12 to or be made available to any political party or association or
13 the campaign of any candidate for public or party office or
14 similar political activities or to support or oppose candidates
15 for public or party office or to support or oppose any ballot
16 questions or to engage in lobbying activities, except that a
17 recipient of funds may engage in lobbying activities in response
18 to a request from a governmental agency, legislative body,
19 committee, member or staff thereof made to the recipient.
20 § 6397. Distribution of funds.
21 All money deposited in the account and any investment income
22 accrued are hereby annually appropriated to the commission <--
23 DEPARTMENT and shall be distributed annually, upon requisition <--
24 of the executive director of the commission SECRETARY, for the <--
25 purpose set forth in section 6396(a) (relating to purpose of
26 account).
27 Section 2. Section 3733(a.1) of Title 42 is amended to read:
28 § 3733. Deposits into account.
29 * * *
30 (a.1) Additional fees.--
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1 (1) In addition to the court costs and filing fees
2 authorized to be collected by statute:
3 (i) An additional fee of [$10] $20 shall be charged
4 and collected by the prothonotaries of the Pennsylvania
5 Supreme, Superior and Commonwealth Courts for each
6 initial filing for which a fee, charge or cost is now
7 authorized.
8 (ii) An additional fee of [$10] $20 shall be charged
9 and collected by the prothonotaries, clerks of orphans'
10 courts and registers of wills of all courts of common
11 pleas, or by any officials designated to perform the
12 functions thereof, for the initiation of any civil action
13 or legal proceeding.
14 (iii) An additional fee of $10 shall be charged by
15 the clerks of courts of all courts of common pleas, or by
16 any officials designated to perform the functions
17 thereof, for the initiation of any criminal proceeding
18 for which a fee, charge or cost is now authorized and a
19 conviction is obtained or guilty plea is entered.
20 (iv) An additional fee of $10 shall be charged and
21 collected by the minor judiciary, including district
22 justices, Philadelphia Municipal Court, Philadelphia
23 Traffic Court and Pittsburgh Magistrates Court, for the
24 initiation of a legal proceeding for which a fee or cost
25 is now authorized, except that in criminal, summary and
26 traffic matters the fee shall be charged only when a
27 conviction is obtained or guilty plea is entered.
28 (v) An additional fee of $10 shall be charged and
29 collected by the recorders of deeds and clerks of court,
30 or by any officials designated to perform similar
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1 functions, for each filing of a deed, mortgage or
2 property transfer for which a fee, charge or cost is now
3 authorized.
4 (2) The additional fees identified in paragraph (1)
5 shall be fixed and charged for the fiscal years as indicated:
6 (i) For the fiscal year 2002-2003, $9 of each
7 additional fee shall be deposited into the Judicial
8 Computer System Augmentation Account, and $1 of each
9 additional fee shall be deposited into the Access to
10 Justice Account under section 4904 (relating to
11 establishment of Access to Justice Account).
12 (ii) For the fiscal years 2003-2004 and 2004-2005,
13 $8.50 of each additional fee shall be deposited into the
14 Judicial Computer System Augmentation Account, and $1.50
15 of each additional fee shall be deposited into the Access
16 to Justice Account under section 4904.
17 (iii) For the fiscal year 2005-2006 and each fiscal
18 year thereafter, except as provided in subparagraph (iv),
19 $8 of each additional fee shall be deposited into the
20 Judicial Computer System Augmentation Account, and $2 of
21 each additional fee shall be deposited into the Access to
22 Justice Account under section 4904.
23 (iv) The additional fees identified in paragraph
24 (1)(i) and (ii) shall be deposited as follows:
25 (A) $8 of the additional fee shall be deposited
26 into the Judicial Computer System Augmentation
27 Account;
28 (B) $2 of the additional fee shall be deposited
29 into the Access to Justice Account under section
30 4904; and
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1 (C) $10 of the additional fee shall be deposited
2 into the Child Abuse Multidisciplinary Response
3 Account established under 23 Pa.C.S. § 6395 (relating
4 to establishment of Child Abuse Multidisciplinary
5 Response Account).
6 (3) The moneys charged and collected under this
7 subsection shall be paid to the court imposing the fee, which
8 shall transfer the moneys to the Department of Revenue for
9 deposit into the appropriate account. For the purposes of
10 paragraph (1)(v), the court shall be the court of common
11 pleas.
12 * * *
13 Section 3. This act shall take effect January JULY 1, 2005. <--
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