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        PRIOR PRINTER'S NOS. 940, 2097                PRINTER'S NO. 2185

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 823 Session of 2007


        INTRODUCED BY DERMODY, SOLOBAY, KILLION, MELIO, PALLONE, HARHAI,
           KOTIK, DALEY, WOJNAROSKI, READSHAW, MANN, SAYLOR, SIPTROTH,
           SAINATO, MUNDY, WALKO, PETRARCA, M. SMITH, BELFANTI, JOSEPHS,
           FRANKEL, CALTAGIRONE, KULA, HORNAMAN, DeLUCA, K. SMITH,
           YOUNGBLOOD, MURT, JAMES AND KORTZ, MARCH 19, 2007

        AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
           JULY 2, 2007

                                     AN ACT

     1  Amending Title 23 (Domestic Relations) of the Pennsylvania
     2     Consolidated Statutes, further providing, in child protective
     3     services, for definitions, for immunity from liability, for
     4     release of information in confidential reports, for studies
     5     of data in records, for investigating performance of county
     6     agencies, for citizen review panels, for child abuse services
     7     and for reporting.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  The definition of "nonaccidental" in section
    11  6303(a) of Title 23 of the Pennsylvania Consolidated Statutes is
    12  amended and the subsection is amended by adding a definition to
    13  read:
    14  § 6303.  Definitions.
    15     (a)  General rule.--The following words and phrases when used
    16  in this chapter shall have the meanings given to them in this
    17  section unless the context clearly indicates otherwise:
    18     * * *


     1     "Children's advocacy center."  A local public agency in this
     2  Commonwealth and a not-for-profit entity incorporated in this
     3  Commonwealth which:
     4         (1)  is tax exempt under section 501(c)(3) of the
     5     Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
     6     501(c)(3)); and
     7         (2)  operates within this Commonwealth for the primary
     8     purpose of providing a child-focused, facility-based program
     9     dedicated to coordinating a formalized multidisciplinary
    10     response to suspected child abuse that, at a minimum, either
    11     onsite or through a partnership with another entity or
    12     entities, assists county agencies, investigative teams and
    13     law enforcement by providing services, including forensic
    14     interviews, medical evaluations, therapeutic interventions,
    15     victim support and advocacy, team case reviews and a system
    16     for case tracking.
    17     * * *
    18     "Nonaccidental."  [An injury that is the result of] Resulting
    19  from an intentional act OR OMISSION that is committed with        <--
    20  disregard of a substantial and unjustifiable risk.
    21     * * *
    22     Section 1.1.  Section 6318(a) of Title 23 is amended to read:
    23  § 6318.  Immunity from liability.
    24     (a)  General rule.--A person, hospital, institution, school,
    25  facility, agency or agency employee that participates in good
    26  faith in the making of a report, whether required or not,
    27  cooperating with an investigation, including providing
    28  information to a child fatality or near fatality review team,
    29  testifying in a proceeding arising out of an instance of
    30  suspected child abuse, the taking of photographs or the removal
    20070H0823B2185                  - 2 -     

     1  or keeping of a child pursuant to section 6315 (relating to
     2  taking child into protective custody), and any official or
     3  employee of a county agency who refers a report of suspected
     4  abuse to law enforcement authorities or provides services under
     5  this chapter, shall have immunity from civil and criminal
     6  liability that might otherwise result by reason of those
     7  actions.
     8     * * *
     9     Section 2.  Section 6340(a) of Title 23 is amended by adding
    10  a paragraph to read:
    11  § 6340.  Release of information in confidential reports.
    12     (a)  General rule.--Reports specified in section 6339
    13  (relating to confidentiality of reports) shall only be made
    14  available to:
    15         * * *
    16         (17)  A member of a child fatality or near fatality
    17     review team under section 6365(d).
    18     * * *
    19     Section 2.1.  Section 6342 of Title 23 is amended to read:
    20  § 6342.  Studies of data in records.
    21     (a)  Studies.--The department may conduct or authorize the
    22  conducting of studies of the data contained in the pending
    23  complaint file and the Statewide central register and county
    24  agencies and distribute the results of the studies. No study may
    25  contain the name or other information by which a subject of a
    26  report could be identified. The department may allow Federal
    27  auditors access to nonidentifiable duplicates of reports in the
    28  pending complaint file and the Statewide central register if
    29  required for Federal financial participation in funding of
    30  agencies.
    20070H0823B2185                  - 3 -     

     1     (b)  Data form.--The department shall develop a data form to
     2  facilitate the collection of statistical and demographic
     3  information from a child fatality or near fatality review team
     4  and a county agency, which can be incorporated into a study
     5  conducted by the department.
     6     Section 3.  Section 6343 of Title 23 is amended by adding a
     7  subsection to read:
     8  § 6343.  Investigating performance of county agency.
     9     * * *
    10     (c)  Department reviews and reports of child fatalities and
    11  near fatalities.--
    12         (1)  The department shall conduct a child fatality and
    13     near fatality review and provide a written report on any
    14     child fatality or near fatality, if child abuse is suspected.
    15     The department shall summarize:
    16             (i)  the nature and extent of its review;
    17             (ii)  statutory and regulatory compliance by the
    18         county agency in the county where:
    19                 (A)  the fatality or near fatality occurred; and
    20                 (B)  the child resided within the 16 months
    21             preceding the fatality or near fatality;
    22             (iii)  its findings and recommendations for reducing
    23         the likelihood of future child fatalities and near
    24         fatalities, resulting from child abuse.
    25         (2)  The department's child fatality or near fatality
    26     review shall be commenced immediately upon receipt of a
    27     report to the department that a child died or nearly died as
    28     a result of suspected child abuse. The department shall
    29     provide assistance and relevant information to the child
    30     fatality or near fatality review team and attempt to
    20070H0823B2185                  - 4 -     

     1     coordinate its fact-finding efforts and interviews with the
     2     team to avoid duplication. The department's child fatality or
     3     near fatality review and report shall be completed as soon as
     4     possible but no later than six months from receipt of the
     5     initial report of the child fatality or near fatality.
     6         (3)  Prior to completing its report, the department may
     7     release the following information to the public concerning a
     8     child who died or nearly died as a result of suspected or
     9     substantiated child abuse:
    10             (i)  The identity of the child.
    11             (ii)  If the child was in the custody of a public or
    12         private agency, the identity of the agency.
    13             (iii)  The identity of the public or private agency
    14         under contract with a county agency to provide services
    15         to the child and the child's family in the child's home
    16         prior to the child's death or near fatality.
    17             (iv)  A description of services provided under
    18         subparagraph (iii).
    19             (v)  The identity of the county agency that convened
    20         a child fatality or near fatality review team with
    21         respect to the child.
    22         (4)  Upon completion of the review and report, the
    23     department's child fatality or near fatality report shall be
    24     made available to the county agency, the child fatality or
    25     near fatality review team and designated county officials
    26     under section 6340(a)(11) (relating to release of information
    27     in confidential reports). The report shall be made available,
    28     upon request, to other individuals to whom confidential
    29     reports may be released, as specified by section 6340. The
    30     department's report shall be made available to the public,
    20070H0823B2185                  - 5 -     

     1     but identifying information shall be removed from the
     2     contents of the report except for disclosure of: the identity
     3     of a deceased child; if the child was in the custody of a
     4     public or private agency, the identity of the agency; the
     5     identity of the public or private agency under contract with
     6     a county agency to provide services to the child and the
     7     child's family in the child's home prior to the child's death
     8     or near fatality; and the identity of any county agency that
     9     convened a child fatality or near fatality review team in
    10     respect to the child. The report shall not be released to the
    11     public if the district attorney certifies that release of the
    12     report may compromise a pending criminal investigation or
    13     proceeding. Certification by the district attorney shall stay
    14     the release of the report for a period of 60 days, at which
    15     time the report shall be released unless a new certification
    16     is made by the district attorney.
    17     Section 4.  Section 6343.1(a) and (b)(2)(ii) of Title 23 are
    18  amended to read:
    19  § 6343.1.  Citizen review panels.
    20     (a)  Establishment.--The department shall establish a minimum
    21  of three citizen review panels. The department may designate a
    22  child fatality or near fatality review team under section
    23  6365(d) (relating to services for prevention, investigation and
    24  treatment of child abuse) as a citizen review panel as long as
    25  the team has the capacity to perform as a citizen review panel.
    26     (b)  Function.--The panels shall examine all of the
    27  following:
    28         * * *
    29         (2)  Other criteria the panel considers important to
    30     ensure the protection of children, including:
    20070H0823B2185                  - 6 -     

     1             * * *
     2             (ii)  a review of child fatalities and near
     3         fatalities[.], including, but not limited to, a review of
     4         any child fatality or near fatality involving a child in
     5         the custody of a public or private agency where there is
     6         no report of suspected child abuse and the cause of death
     7         is neither the result of child abuse or natural causes.
     8     * * *
     9     Section 5.  Sections 6365 and 6367 of Title 23 are amended by
    10  adding subsections to read:
    11  § 6365.  Services for prevention, investigation and treatment of
    12             child abuse.
    13     * * *
    14     (d)  Child fatality or near fatality review team and written
    15  report.--
    16         (1)  A child fatality or near fatality review team shall
    17     be convened by a county agency IN ACCORDANCE WITH A PROTOCOL   <--
    18     DEVELOPED BY THE COUNTY AGENCY, THE DEPARTMENT AND THE
    19     DISTRICT ATTORNEY in a case when a child dies or nearly dies
    20     as a result of substantiated child abuse or when the county
    21     agency has not made a status determination within 30 days.
    22     The team may convene after a substantiation is made and shall
    23     convene no later than 31 days from the receipt of the oral
    24     report to the department of the suspected child abuse. The
    25     county agency shall convene a child fatality or near fatality
    26     review team in the county where the abuse occurred and in any
    27     county where the child resided within the 16 months preceding
    28     the fatality or near fatality. The team shall consist of at
    29     least six individuals who are broadly representative of the
    30     county where the team is established and who have expertise
    20070H0823B2185                  - 7 -     

     1     in prevention and treatment of child abuse. With
     2     consideration given to the circumstances of each case and
     3     availability of individuals to serve as members, the team may
     4     consist of the following individuals:
     5             (i)  A staff person from the county agency.
     6             (ii)  A member of the advisory committee of the
     7         county agency.
     8             (iii)  A health care professional.
     9             (iv)  A representative of a local school, educational
    10         program or child care or early childhood development
    11         program.
    12             (v)  A representative of law enforcement or the
    13         district attorney.
    14             (vi)  An attorney-at-law trained in legal
    15         representation of children or an individual trained under
    16         42 Pa.C.S. § 6342 (relating to court-appointed special
    17         advocates).
    18             (vii)  A mental health professional.
    19             (viii)  A representative of a children's advocacy
    20         center that provides services to children in the county.
    21         The individual under this subparagraph must not be an
    22         employee of the county agency.
    23             (ix)  The county coroner or forensic pathologist.
    24             (x)  A representative of a local domestic violence
    25         program.
    26             (xi)  A representative of a local drug and alcohol
    27         program.
    28             (xii)  An individual representing parents.
    29             (xiii)  Any individual whom the county agency or
    30         child fatality or near fatality review team determines is
    20070H0823B2185                  - 8 -     

     1         necessary to assist the team in performing its duties.
     2         (2)  Members of the team shall be responsible for all of
     3     the following:
     4             (i)  Maintaining confidentiality of information under
     5         sections 6339 (relating to confidentiality of reports)
     6         and 6340.
     7             (ii)  Providing and discussing relevant case-specific
     8         information.
     9             (iii)  Attending and participating in all meetings
    10         and activities as required.
    11             (iv)  Assisting in the development of the report
    12         under paragraph (4)(v).
    13         (3)  The county agency, IN ACCORDANCE WITH THE PROTOCOL    <--
    14     AND in consultation with the team, shall appoint an
    15     individual who is not an employee of the county agency to
    16     serve as chairperson.
    17         (4)  The team shall perform the following:
    18             (i)  Review the circumstances of the child's fatality
    19         or near fatality resulting from suspected or
    20         substantiated child abuse.
    21             (ii)  Review the delivery of services to the abused
    22         child and the child's family provided by the county
    23         agency and review services provided to the perpetrator by
    24         the county agency in each county where the child and
    25         family have resided within the 16 months preceding the
    26         fatality or near fatality and the services provided to
    27         the child, the child's family and the perpetrator by
    28         other public and private community agencies or
    29         professionals. This subparagraph includes law
    30         enforcement, mental health services, programs for young
    20070H0823B2185                  - 9 -     

     1         children and children with special needs, drug and
     2         alcohol programs, local schools and health care
     3         providers.
     4             (iii)  Review relevant court records and documents
     5         related to the abused child and the child's family.
     6             (iv)  Review the county agency's compliance with
     7         statutes and regulations and with relevant policies and
     8         procedures of the county agency.
     9             (v)  Within 90 days of convening, submit a final
    10         written report on the child fatality or near fatality to
    11         the department and designated county officials under
    12         section 6340(a)(11). Within 30 days after submission of
    13         the report to the department, the report shall be made
    14         available, upon request, to other individuals to whom
    15         confidential reports may be released, as specified by
    16         section 6340. The report shall be made available to the
    17         public, but identifying information shall be removed from
    18         the contents of the report except for disclosure of: the
    19         identity of a deceased child; if the child was in the
    20         custody of a public or private agency, the identity of
    21         the agency; the identity of the public or private agency
    22         under contract with a county agency to provide services
    23         to the child and the child's family in the child's home
    24         prior to the child's death or near fatality; and the
    25         identity of any county agency that convened a child
    26         fatality or near fatality review team in respect to the
    27         child. The report shall not be released to the public if
    28         the district attorney certifies that release of the
    29         report may compromise a pending criminal investigation or
    30         proceeding. Certification by the district attorney shall
    20070H0823B2185                 - 10 -     

     1         stay the release of the report for a period of 60 days,
     2         at which time the report shall be released unless a new
     3         certification is made by the district attorney. The
     4         report shall include:
     5                 (A)  Deficiencies and strengths in:
     6                     (I)  compliance with statutes and
     7                 regulations; and
     8                     (II)  services to children and families.
     9                 (B)  Recommendations for changes at the State and
    10             local levels on:
    11                     (I)  reducing the likelihood of future child
    12                 fatalities and near fatalities directly related
    13                 to child abuse and neglect;
    14                     (II)  monitoring and inspection of county
    15                 agencies; and
    16                     (III)  collaboration of community agencies
    17                 and service providers to prevent child abuse and
    18                 neglect.
    19     (e)  Response by department.--Within 45 days of receipt of a
    20  report of a child fatality or near fatality under subsection
    21  (d), the department shall review the findings and
    22  recommendations of the report and provide a written response to
    23  the county agency and the child fatality review team or near
    24  fatality review team. The department's response to the report of
    25  the child fatality or near fatality review team shall be made
    26  available, upon request, to other individuals to whom
    27  confidential reports may be released, as specified by section
    28  6340. The department's response shall be made available to the
    29  public, but identifying information shall be removed from the
    30  contents of the response, except for disclosure of: the
    20070H0823B2185                 - 11 -     

     1  identity, of a deceased child; if the child was in the custody
     2  of a public or private agency, the identity of the agency; the
     3  identity of the public or private agency under contract with a
     4  county agency to provide services to the child and the child's
     5  family in the child's home prior to the child's death or near
     6  fatality; and the identity of any county agency that convened a
     7  child fatality or near fatality review team in respect to the
     8  child. The response shall not be released to the public if the
     9  district attorney certifies that release of the response may
    10  compromise a pending criminal investigation or proceeding.
    11  Certification by the district attorney shall stay the release of
    12  the report for a period of 60 days, at which time the report
    13  shall be released unless a new certification is made by the
    14  district attorney.
    15     (F)  CONSTRUCTION.--THE PROVISIONS OF THIS SECTION SHALL BE    <--
    16  CONSTRUED TO ASSIST IN THE IMPROVEMENT OF SERVICES DESIGNED TO
    17  IDENTIFY AND PREVENT CHILD ABUSE. THE PROVISIONS SHALL NOT BE
    18  CONSTRUED TO IMPEDE OR INTERFERE WITH CRIMINAL PROSECUTIONS OF
    19  PERSONS WHO HAVE COMMITTED CHILD ABUSE.
    20  § 6367.  Reports to department and coroner.
    21     * * *
    22     (c)  Child deaths and near fatalities.--A county agency shall
    23  immediately provide information to the department regarding its
    24  involvement with the child and with the child's parent, guardian
    25  or custodian when a child dies or nearly dies and child abuse is
    26  suspected. The county agency shall inform the department of any
    27  history of child protective or general protective services
    28  provided to the child prior to the child's death or near
    29  fatality and of services provided to other children of the
    30  child's parent, guardian or custodian by the county agency or by
    20070H0823B2185                 - 12 -     

     1  court order. The county agency shall inform the department if
     2  the child was in the agency's custody at the time of the child's
     3  death or near fatality. The county agency shall provide this
     4  information in writing on forms provided by the department
     5  within 48 hours of the oral report.
     6     Section 6.  This act shall take effect in 180 days.
















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