PRIOR PRINTER'S NO. 1166 PRINTER'S NO. 1789
No. 886 Session of 2005
INTRODUCED BY FONTANA, MELLOW, COSTA, LOGAN, ORIE, O'PAKE,
TARTAGLIONE, RAFFERTY, EARLL, C. WILLIAMS, WOZNIAK, STOUT,
BOSCOLA, STACK AND WASHINGTON, SEPTEMBER 28, 2005
SENATOR ORIE, AGING AND YOUTH, AS AMENDED, MAY 3, 2006
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing, in provisions
3 relating to child abuse of students in public and private
4 schools, for reports of suspected child abuse by school
5 employees, for duties of administrators and school employees,
6 for investigation of such reports, for responsibilities of
7 county agencies, for information in Statewide central
8 register and for other related provisions.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Sections 6352(a)(1) and (2), 6353(a) and (b), <--
12 6353.1(b)(1) and (3), 6353.2(a) and (b), 6353.3 and 6353.4 of
13 Title 23 of the Pennsylvania Consolidated Statutes are amended
14 to read:
15 SECTION 1. THE DEFINITIONS OF "FOUNDED REPORT FOR SCHOOL <--
16 EMPLOYEE" AND "INDICATED REPORT FOR SCHOOL EMPLOYEE" IN SECTION
17 6303(A) OF TITLE 23 OF THE PENNSYLVANIA CONSOLIDATED STATUTES
18 ARE AMENDED TO READ:
19 § 6303. DEFINITIONS.
20 (A) GENERAL RULE.--THE FOLLOWING WORDS AND PHRASES WHEN USED
1 IN THIS CHAPTER SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
2 SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
3 * * *
4 "FOUNDED REPORT FOR SCHOOL EMPLOYEE." A REPORT UNDER
5 SUBCHAPTER C.1 (RELATING TO STUDENTS IN PUBLIC AND PRIVATE
6 SCHOOLS) IF THERE HAS BEEN ANY JUDICIAL ADJUDICATION BASED ON A
7 FINDING THAT [THE VICTIM HAS SUFFERED SERIOUS BODILY INJURY OR
8 SEXUAL ABUSE OR EXPLOITATION] A CHILD WHO IS A SUBJECT OF THE
9 REPORT HAS BEEN ABUSED, INCLUDING THE ENTRY OF A PLEA OF GUILTY
10 OR NOLO CONTENDERE OR A FINDING OF GUILT TO A CRIMINAL CHARGE
11 INVOLVING THE SAME FACTUAL CIRCUMSTANCES INVOLVED IN THE
12 ALLEGATIONS OF THE REPORT.
13 * * *
14 "INDICATED REPORT FOR SCHOOL EMPLOYEE." A REPORT MADE UNDER
15 SUBCHAPTER C.1 (RELATING TO STUDENTS IN PUBLIC AND PRIVATE
16 SCHOOLS) IF AN INVESTIGATION BY THE COUNTY AGENCY DETERMINES
17 THAT SUBSTANTIAL EVIDENCE OF [SERIOUS BODILY INJURY OR SEXUAL
18 ABUSE OR EXPLOITATION] THE ALLEGED ABUSE EXISTS BASED ON ANY OF
19 THE FOLLOWING:
20 (1) AVAILABLE MEDICAL EVIDENCE.
21 (2) THE COUNTY AGENCY'S INVESTIGATION.
22 (3) AN ADMISSION OF THE ACTS OF ABUSE BY THE SCHOOL
23 EMPLOYEE.
24 * * *
25 SECTION 2. SECTIONS 6335(A), 6352(A)(1) AND (2), 6353(A) AND
26 (B), 6353.1(B)(1) AND (3), 6353.2(A) AND (B), 6353.3 AND 6353.4
27 OF TITLE 23 ARE AMENDED TO READ:
28 § 6335. INFORMATION IN PENDING COMPLAINT AND UNFOUNDED REPORT
29 FILES.
30 (A) INFORMATION AUTHORIZED.--THE INFORMATION CONTAINED IN
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1 THE PENDING COMPLAINT FILE SHALL BE LIMITED TO THE INFORMATION
2 REQUIRED IN SECTIONS 6313(C) (RELATING TO REPORTING PROCEDURE)
3 AND [6353.2 (RELATING TO RESPONSIBILITIES OF COUNTY AGENCY)]
4 6353(B) (RELATING TO ADMINISTRATION). THE INFORMATION CONTAINED
5 IN THE FILE FOR UNFOUNDED REPORTS SHALL BE LIMITED TO THE
6 INFORMATION REQUIRED BY SECTION 6336 (RELATING TO INFORMATION IN
7 STATEWIDE CENTRAL REGISTER).
8 * * *
9 § 6352. School employees.
10 (a) Requirement.--
11 (1) Except as provided in paragraph (2), a school
12 employee who has reasonable cause to suspect, on the basis of
13 professional or other training and experience, that a student
14 coming before the school employee in the employee's
15 professional or official capacity is a victim of [serious
16 bodily injury or sexual abuse or sexual exploitation] child
17 abuse by a school employee shall immediately contact the
18 administrator.
19 (2) If the school employee accused of [seriously
20 injuring or sexually abusing or exploiting a student]
21 committing child abuse is the administrator, the school
22 employee who has reasonable cause to suspect, on the basis of
23 professional or other training and experience, that a student
24 coming before the school employee in the employee's
25 professional or official capacity is a victim of [serious
26 bodily injury or sexual abuse or sexual exploitation] child
27 abuse shall immediately report to THE DEPARTMENT, law <--
28 enforcement officials and the district attorney under section
29 6353(a) (relating to administration). If an administrator is
30 the school employee who suspects [injury or] child abuse, the
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1 administrator shall make a report under section 6353(a).
2 * * *
3 § 6353. Administration.
4 (a) Requirement.--An administrator and a school employee
5 governed by section 6352(a)(2) (relating to school employees)
6 shall report immediately to THE DEPARTMENT, law enforcement <--
7 officials and the appropriate district attorney any report of
8 [serious bodily injury or sexual abuse or sexual exploitation]
9 child abuse alleged to have been committed by a school employee
10 against a student.
11 (b) Report.--A report under subsection (a) shall include the
12 following information:
13 (1) Name, age, SEX, address and school of the student. <--
14 (2) Name, AGE, SEX and address of the student's parent <--
15 or guardian.
16 (3) Name and address of the administrator.
17 (4) Name, AGE, SEX AND work and home address of the <--
18 school employee.
19 (5) Nature of the alleged [offense] child abuse OFFENSE <--
20 OR SUSPECTED CHILD ABUSE OR EVIDENCE OF PRIOR ABUSE TO THE
21 CHILD.
22 (5.1) NATURE OF ANY ALLEGED OFFENSE OR SUSPECTED CHILD <--
23 ABUSE OR EVIDENCE OF PRIOR ABUSE TO ANY CHILD BY THE
24 EMPLOYEE.
25 (6) Any specific comments or observations that are
26 directly related to the alleged [incident] child abuse and
27 the individuals involved.
28 * * *
29 § 6353.1. Investigation.
30 * * *
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1 (b) [Referral to county agency] COOPERATION BETWEEN COUNTY <--
2 AGENCY AND LAW ENFORCEMENT.--
3 [(1) If local law enforcement officials have reasonable <--
4 cause to suspect on the basis of initial review that there is
5 evidence of [serious bodily injury, sexual abuse or sexual <--
6 exploitation] child abuse committed by a school employee <--
7 against a student, local law enforcement officials shall
8 notify the county agency in the county where the alleged
9 child abuse [or injury] ABUSE OR INJURY occurred for the <--
10 purpose of the agency conducting an investigation of the
11 alleged child abuse [or injury]. ABUSE OR INJURY.] <--
12 * * *
13 (3) The county agency and law enforcement officials have
14 the authority to arrange for photographs, medical tests or X-
15 rays of a student alleged to have been [abused or injured] a
16 victim of child abuse committed by a school employee. The
17 county agency and law enforcement officials shall coordinate
18 their efforts in this regard and, to the fullest extent
19 possible, avoid the duplication of any photographs, medical
20 tests or X-rays.
21 * * *
22 § 6353.2. Responsibilities of county agency.
23 [(a) Information for the pending complaint file.-- <--
24 Immediately after receiving a report under section 6311(b) <--
25 (relating to persons required to report suspected child abuse),
26 6312 (relating to persons permitted to report suspected child
27 abuse) or 6353.1 (relating to investigation), the county agency
28 shall notify the department of the receipt of the report, which
29 is to be filed in the pending complaint file as provided in
30 section 6331(1) (relating to establishment of pending complaint
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1 file, Statewide central register and file of unfounded reports).
2 The oral report shall include the following information:
3 (1) The name and address of the student and the
4 student's parent or guardian.
5 (2) Where the suspected child abuse [or injury] ABUSE OR <--
6 INJURY occurred.
7 (3) The age and sex of the student.
8 (4) The nature and extent of the suspected child abuse <--
9 [or injury] ABUSE OR INJURY. <--
10 (5) The name and home address of the school employee
11 alleged to have committed the child abuse [or injury] ABUSE <--
12 OR INJURY.
13 (6) The relationship of the student to the school
14 employee alleged to have committed the child abuse [or <--
15 injury] ABUSE OR INJURY. <--
16 (7) The source of the report to the county agency.
17 (8) The actions taken by the county agency, law
18 enforcement officials, parents, guardians, school officials
19 or other persons, including the taking of photographs,
20 medical tests and X-rays.] <--
21 (A) REPORTS TO DEPARTMENT.--ORAL REPORTS SHALL BE MADE TO
22 THE DEPARTMENT AS PROVIDED IN SUBCHAPTER C (RELATING TO POWERS
23 AND DUTIES OF DEPARTMENT) AND MAY BE MADE TO THE APPROPRIATE
24 COUNTY AGENCY. WHEN ORAL REPORTS OF SUSPECTED CHILD ABUSE ARE
25 INITIALLY RECEIVED AT THE COUNTY AGENCY, THE PROTECTIVE SERVICES
26 STAFF SHALL, AFTER SEEING TO THE IMMEDIATE SAFETY OF THE CHILD
27 AND OTHER CHILDREN IN THE HOME, IMMEDIATELY NOTIFY THE
28 DEPARTMENT OF THE RECEIPT OF THE REPORT, WHICH IS TO BE HELD IN
29 THE PENDING COMPLAINT FILES AS PROVIDED IN SUBCHAPTER C. THE
30 INITIAL CHILD ABUSE REPORT SUMMARY SHALL BE SUPPLEMENTED WITH A
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1 WRITTEN REPORT WHEN A DETERMINATION IS MADE AS TO WHETHER A
2 REPORT OF SUSPECTED CHILD ABUSE IS A FOUNDED REPORT, AN
3 UNFOUNDED REPORT OR AN INDICATED REPORT.
4 (b) Investigation of reports.--Upon receipt of a report
5 under section 6311(b), 6312 or 6353.1 [6353.1] 6311(B) (RELATING <--
6 TO PERSONS REQUIRED TO REPORT SUSPECTED CHILD ABUSE), 6312
7 (RELATING TO PERSONS PERMITTED TO REPORT SUSPECTED CHILD ABUSE),
8 6352 (RELATING TO SCHOOL EMPLOYEES) OR 6353 (RELATING TO
9 ADMINISTRATION), the county agency shall commence, within the
10 time frames established in department regulations, an
11 investigation of the nature, extent and cause of any alleged
12 child abuse [or injury] enumerated in the report. The county
13 agency shall coordinate its investigation to the fullest extent
14 possible with law enforcement officials as provided in section
15 6353.1(b).
16 * * *
17 § 6353.3. Information in Statewide central register.
18 The Statewide central register established under section 6331
19 (relating to establishment of pending complaint file, Statewide
20 central register and file of unfounded reports) shall retain
21 only the following information relating to reports of child
22 abuse [or injury] of a student by a school employee which have
23 been determined to be a founded report for school employee or an
24 indicated report for school employee:
25 (1) The names, Social Security numbers, age and sex of
26 the subjects of the report.
27 (2) The home address of the subjects of the report.
28 (3) The date and the nature and extent of the alleged
29 child abuse [or injury].
30 (4) The county and state where the child abuse [or
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1 injury] occurred.
2 (5) Factors contributing to the child abuse [or injury].
3 (6) The source of the report.
4 (7) Whether the report is a founded or indicated report.
5 (8) Information obtained by the department in relation
6 to the school employee's request to release, amend or expunge
7 information retained by the department or the county agency.
8 (9) The progress of any legal proceedings brought on the
9 basis of the report.
10 (10) Whether a criminal investigation has been
11 undertaken and the result of the investigation and of any
12 criminal prosecution.
13 § 6353.4. Other provisions.
14 The following provisions shall apply to the release and
15 retention of information by the department and the county agency
16 concerning reports of child abuse [or injury] committed by a
17 school employee as provided by this subchapter:
18 Section 6336(b) and (c) (relating to information in
19 Statewide central register).
20 Section 6337 (relating to disposition of unfounded
21 reports).
22 Section 6338(a) and (b) (relating to disposition of
23 founded and indicated reports).
24 Section 6339 (relating to confidentiality of reports).
25 Section 6340 (relating to release of information in
26 confidential reports).
27 Section 6341(a) through (f) (relating to amendment or
28 expunction of information).
29 Section 6342 (relating to studies of data in records).
30 Section 2. This act shall take effect in 60 days SIX MONTHS. <--
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