PRINTER'S NO. 1197
No. 1024 Session of 2007
INTRODUCED BY STURLA, CALTAGIRONE, BIANCUCCI, DENLINGER, CAUSER,
DALLY, FRANKEL, FREEMAN, GOODMAN, HARHAI, HENNESSEY, KILLION,
KULA, PALLONE, RAPP, RAYMOND, SCAVELLO, SIPTROTH, SOLOBAY,
STABACK, WALKO, WATSON AND YOUNGBLOOD, APRIL 5, 2007
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 5, 2007
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further defining, in child protective
3 services, "person responsible for the child's welfare" and
4 "subject of the report"; further providing, in child
5 protective services, for definitions, for establishment of
6 pending complaint file, Statewide central register and file
7 of unfounded reports, for continuous availability of
8 department, for disposition of complaints received, for
9 information in pending complaint and unfounded report files,
10 for disposition of unfounded reports, for disposition of
11 founded and indicated reports, for release of information in
12 confidential reports, for amendment or expunction of
13 information, for cooperation of other agencies and for
14 reports to Governor and General Assembly; and repealing, in
15 child protective services, provisions relating to students in
16 public and private schools.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. The definitions of "founded report for school
20 employee," "indicated report for school employee," "person
21 responsible for the child's welfare" and "subject of the report"
22 in section 6303(a) of Title 23 of the Pennsylvania Consolidated
23 Statutes are amended to read:
24 § 6303. Definitions.
1 (a) General rule.--The following words and phrases when used
2 in this chapter shall have the meanings given to them in this
3 section unless the context clearly indicates otherwise:
4 * * *
5 "Founded report for school employee." A report under former
6 Subchapter C.1 (relating to students in public and private
7 schools) if there has been any judicial adjudication based on a
8 finding that the victim has suffered serious bodily injury or
9 sexual abuse or exploitation, including the entry of a plea of
10 guilty or nolo contendere or a finding of guilt to a criminal
11 charge 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 former Subchapter C.1 (relating to students in public and
16 private schools) if an investigation by the county agency
17 determines that substantial evidence of serious bodily injury or
18 sexual abuse or exploitation exists based on any of the
19 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 "Person responsible for the child's welfare." A person who
26 provides permanent or temporary care, supervision, mental health
27 diagnosis or treatment, training or control of a child in lieu
28 of parental care, supervision and control. The term [does not
29 include] includes a person who is employed by or provides
30 services or programs in any public or private school,
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1 intermediate unit or area vocational-technical school.
2 * * *
3 "Subject of the report." Any child, parent, guardian or
4 other person responsible for the welfare of a child or any
5 alleged or actual perpetrator [or school employee] named in a
6 report made to the Department of Public Welfare or a county
7 agency under this chapter.
8 * * *
9 Section 2. Sections 6331, 6333, 6334(c), 6335(a), 6337(c),
10 6338(a) and (c), 6340(a)(13), 6341(a), (c) and (f), 6346(b) and
11 (c) and 6347(a) and (b) of Title 23 are amended to read:
12 § 6331. Establishment of pending complaint file, Statewide
13 central register and file of unfounded reports.
14 There shall be established in the department:
15 (1) A pending complaint file of child abuse reports
16 under investigation [and a file of reports under
17 investigation pursuant to Subchapter C.1 (relating to
18 students in public and private schools)].
19 (2) A Statewide central register of child abuse which
20 shall consist of founded and indicated reports.
21 (3) A file of unfounded reports awaiting expunction.
22 § 6333. Continuous availability of department.
23 The department shall be capable of receiving oral reports of
24 child abuse made pursuant to this chapter[, reports under
25 section 6353.2 (relating to responsibilities of county agency)]
26 and report summaries of child abuse from county agencies and
27 shall be capable of immediately identifying prior reports of
28 child abuse and prior [reports of abuse or injury under
29 Subchapter C.1 (relating to students in public and private
30 schools)] indicated reports for school employees or founded
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1 reports for school employees in the Statewide central register
2 and reports under investigation in the pending complaint file
3 and of monitoring the provision of child protective services 24
4 hours a day, seven days a week.
5 § 6334. Disposition of complaints received.
6 * * *
7 (c) Recording in pending complaint file.--Upon receipt of a
8 complaint of suspected child abuse, the department shall
9 maintain a record of the complaint of suspected child abuse in
10 the pending complaint file. [Upon receipt of a report under
11 section 6353.2 (relating to responsibilities of county agency),
12 the department shall maintain a record of the report in the
13 report file under section 6331 (relating to establishment of
14 pending complaint file, Statewide central register and file of
15 unfounded reports).]
16 * * *
17 § 6335. Information in pending complaint and unfounded report
18 files.
19 (a) Information authorized.--The information contained in
20 the pending complaint file shall be limited to the information
21 required in [sections] section 6313(c) (relating to reporting
22 procedure) [and 6353.2 (relating to responsibilities of county
23 agency)]. The information contained in the file for unfounded
24 reports shall be limited to the information required by section
25 6336 (relating to information in Statewide central register).
26 * * *
27 § 6337. Disposition of unfounded reports.
28 * * *
29 (c) Expunction of information.--All information identifying
30 the subjects of any report of suspected child abuse [and of any
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1 report under Subchapter C.1 (relating to students in public and
2 private schools)] determined to be an unfounded report shall be
3 expunged from the pending complaint file pursuant to this
4 section. The expunction shall be mandated and guaranteed by the
5 department.
6 § 6338. Disposition of founded and indicated reports.
7 (a) General rule.--When a report of suspected child abuse
8 [or a report under Subchapter C.1 (relating to students in
9 public and private schools)] is determined by the appropriate
10 county agency to be a founded report or an indicated report, the
11 information concerning that report of suspected child abuse
12 shall be expunged immediately from the pending complaint file,
13 and an appropriate entry shall be made in the Statewide central
14 register. Notice of the determination must be given to the
15 subjects of the report, other than the abused child, and to the
16 parent or guardian of the affected child or student along with
17 an explanation of the implications of the determination. Notice
18 given to perpetrators of child abuse [and to school employees
19 who are subjects of indicated reports for school employees or
20 founded reports for school employees] shall include notice that
21 their ability to obtain employment in a child-care facility or
22 program or a public or private school may be adversely affected
23 by entry of the report in the Statewide central register. The
24 notice shall also inform the recipient of his right, within 45
25 days after being notified of the status of the report, to appeal
26 an indicated report, and his right to a hearing if the request
27 is denied.
28 * * *
29 (c) Retention of information.--A subfile shall be
30 established in the Statewide central register to indefinitely
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1 retain the names of perpetrators of child abuse [and school
2 employees] who are subjects of founded or indicated reports only
3 if the individual's Social Security number or date of birth is
4 known to the department. The subfile shall not include
5 identifying information regarding other subjects of the report.
6 § 6340. Release of information in confidential reports.
7 (a) General rule.--Reports specified in section 6339
8 (relating to confidentiality of reports) shall only be made
9 available to:
10 * * *
11 [(13) Persons required to make reports under Subchapter
12 C.1 (relating to students in public and private schools).
13 Information under this paragraph shall be limited to the
14 final status of the report following the investigation as to
15 whether the report is indicated, founded or unfounded.]
16 * * *
17 § 6341. Amendment or expunction of information.
18 (a) General rule.--At any time:
19 (1) The secretary may amend or expunge any record under
20 this chapter upon good cause shown and notice to the
21 appropriate subjects of the report.
22 (2) Any person named as a perpetrator[, and any school
23 employee named,] in an indicated report of child abuse may,
24 within 45 days of being notified of the status of the report,
25 request the secretary to amend or expunge an indicated report
26 on the grounds that it is inaccurate or it is being
27 maintained in a manner inconsistent with this chapter.
28 * * *
29 (c) Review of refusal of request.--If the secretary refuses
30 the request under subsection (a)(2) or does not act within a
20070H1024B1197 - 6 -
1 reasonable time, but in no event later than 30 days after
2 receipt of the request, the perpetrator [or school employee]
3 shall have the right to a hearing before the secretary or a
4 designated agent of the secretary to determine whether the
5 summary of the indicated report in the Statewide central
6 register should be amended or expunged on the grounds that it is
7 inaccurate or that it is being maintained in a manner
8 inconsistent with this chapter. The perpetrator [or school
9 employee] shall have 45 days from the date of the letter giving
10 notice of the decision to deny the request in which to request a
11 hearing. The appropriate county agency and appropriate law
12 enforcement officials shall be given notice of the hearing. The
13 burden of proof in the hearing shall be on the appropriate
14 county agency. The department shall assist the county agency as
15 necessary.
16 * * *
17 (f) Notice of expunction.--Written notice of an expunction
18 of any child abuse record made pursuant to the provisions of
19 this chapter shall be served upon the subject of the record who
20 was responsible for the abuse or injury and the appropriate
21 county agency. Except as provided in this subsection, the county
22 agency, upon receipt of the notice, shall take appropriate,
23 similar action in regard to the local child abuse [and school
24 employee] records and inform, for the same purpose, the
25 appropriate coroner if that officer has received reports
26 pursuant to section 6367 (relating to reports to department and
27 coroner). Whenever the county agency investigation reveals,
28 within 60 days of receipt of the report of suspected child
29 abuse, that the report is unfounded but that the subjects need
30 services provided or arranged by the county agency, the county
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1 agency shall retain those records and shall specifically
2 identify that the report was an unfounded report of suspected
3 child abuse. An unfounded report regarding subjects who receive
4 services shall be expunged no later than 120 days following the
5 expiration of one year after the termination or completion of
6 services provided or arranged by the county agency.
7 § 6346. Cooperation of other agencies.
8 * * *
9 (b) Willful failure to cooperate.--Any agency, school
10 district or facility or any person acting on behalf of an
11 agency, school district or facility that violates this section
12 by willfully failing to cooperate with the department or a
13 county agency when investigating a report of suspected child
14 abuse [or a report under Subchapter C.1 (relating to students in
15 public and private schools)] or when assessing risk to a child
16 commits a summary offense for a first violation and a
17 misdemeanor of the third degree for subsequent violations.
18 (c) Cooperation of county agency and law enforcement
19 agencies.--Consistent with the provisions of this chapter, the
20 county agency and law enforcement agencies shall cooperate and
21 coordinate, to the fullest extent possible, their efforts to
22 respond to and investigate reports of suspected child abuse [and
23 to reports under Subchapter C.1].
24 * * *
25 § 6347. Reports to Governor and General Assembly.
26 (a) General rule.--No later than May 1 of every year, the
27 secretary shall prepare and transmit to the Governor and the
28 General Assembly a report on the operations of the central
29 register of child abuse and child protective services provided
30 by county agencies. The report shall include a full statistical
20070H1024B1197 - 8 -
1 analysis of the reports of suspected child abuse made to the
2 department [and the reports under Subchapter C.1 (relating to
3 students in public and private schools), together] with a report
4 on the implementation of this chapter and its total cost to the
5 Commonwealth, the evaluation of the secretary of services
6 offered under this chapter and recommendations for repeal or for
7 additional legislation to fulfill the purposes of this chapter.
8 All such recommendations should contain an estimate of increased
9 or decreased costs resulting therefrom. The report shall also
10 include an explanation of services provided to children who were
11 the subjects of founded or indicated reports while receiving
12 child-care services. The department shall also describe its
13 actions in respect to the perpetrators of the abuse.
14 (b) Reports from county agencies.--To assist the department
15 in preparing its annual report and the quarterly reports
16 required under subsection (c), each county agency shall submit a
17 quarterly report to the department, including, at a minimum, the
18 following information, on an aggregate basis, regarding general
19 protective services[,] and child protective services [and action
20 under Subchapter C.1]:
21 (1) The number of referrals received and referrals
22 accepted.
23 (2) The number of children over whom the agency
24 maintains continuing supervision.
25 (3) The number of cases which have been closed by the
26 agency.
27 (4) The services provided to children and their
28 families.
29 (5) A summary of the findings with nonidentifying
30 information about each case of child abuse or neglect which
20070H1024B1197 - 9 -
1 has resulted in a child fatality or near fatality.
2 * * *
3 Section 3. Subchapter C.1 of Chapter 63 of Title 23 is
4 repealed:
5 [SUBCHAPTER C.1
6 STUDENTS IN PUBLIC AND PRIVATE SCHOOLS
7 Sec.
8 6351. Definitions.
9 6352. School employees.
10 6353. Administration.
11 6353.1. Investigation.
12 6353.2. Responsibilities of county agency.
13 6353.3. Information in Statewide central register.
14 6353.4. Other provisions.
15 § 6351. Definitions.
16 The following words and phrases when used in this subchapter
17 shall have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 "Administrator." The person responsible for the
20 administration of a public or private school, intermediate unit
21 or area vocational-technical school. The term includes an
22 independent contractor.
23 § 6352. School employees.
24 (a) Requirement.--
25 (1) Except as provided in paragraph (2), a school
26 employee who has reasonable cause to suspect, on the basis of
27 professional or other training and experience, that a student
28 coming before the school employee in the employee's
29 professional or official capacity is a victim of serious
30 bodily injury or sexual abuse or sexual exploitation by a
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1 school employee shall immediately contact the administrator.
2 (2) If the school employee accused of seriously injuring
3 or sexually abusing or exploiting a student is the
4 administrator, the school employee who has reasonable cause
5 to suspect, on the basis of professional or other training
6 and experience, that a student coming before the school
7 employee in the employee's professional or official capacity
8 is a victim of serious bodily injury or sexual abuse or
9 sexual exploitation shall immediately report to law
10 enforcement officials and the district attorney under section
11 6353(a) (relating to administration). If an administrator is
12 the school employee who suspects injury or abuse, the
13 administrator shall make a report under section 6353(a).
14 (3) The school employee may not reveal the existence or
15 content of the report to any other person.
16 (b) Immunity.--A school employee who refers a report under
17 subsection (a) shall be immune from civil and criminal liability
18 arising out of the report.
19 (c) Criminal penalty.--
20 (1) A school employee who willfully violates subsection
21 (a) commits a summary offense.
22 (2) A school employee who, after being sentenced under
23 paragraph (1), violates subsection (a) commits a misdemeanor
24 of the third degree.
25 § 6353. Administration.
26 (a) Requirement.--An administrator and a school employee
27 governed by section 6352(a)(2) (relating to school employees)
28 shall report immediately to law enforcement officials and the
29 appropriate district attorney any report of serious bodily
30 injury or sexual abuse or sexual exploitation alleged to have
20070H1024B1197 - 11 -
1 been committed by a school employee against a student.
2 (b) Report.--A report under subsection (a) shall include the
3 following information:
4 (1) Name, age, address and school of the student.
5 (2) Name and address of the student's parent or
6 guardian.
7 (3) Name and address of the administrator.
8 (4) Name, work and home address of the school employee.
9 (5) Nature of the alleged offense.
10 (6) Any specific comments or observations that are
11 directly related to the alleged incident and the individuals
12 involved.
13 (c) Immunity.--An administrator who makes a report under
14 subsection (a) shall be immune from civil or criminal liability
15 arising out of the report.
16 (d) Criminal penalty.--An administrator who willfully
17 violates subsection (a) commits a misdemeanor of the third
18 degree.
19 § 6353.1. Investigation.
20 (a) General rule.--Upon receipt of a report under section
21 6353 (relating to administration), an investigation shall be
22 conducted by law enforcement officials, in cooperation with the
23 district attorney, and a determination made as to what criminal
24 charges, if any, will be filed against the school employee.
25 (b) Referral to county agency.--
26 (1) If local law enforcement officials have reasonable
27 cause to suspect on the basis of initial review that there is
28 evidence of serious bodily injury, sexual abuse or sexual
29 exploitation committed by a school employee against a
30 student, local law enforcement officials shall notify the
20070H1024B1197 - 12 -
1 county agency in the county where the alleged abuse or injury
2 occurred for the purpose of the agency conducting an
3 investigation of the alleged abuse or injury.
4 (2) To the fullest extent possible, law enforcement
5 officials and the county agency shall coordinate their
6 respective investigations. In respect to interviews with the
7 student, law enforcement officials and the county agency
8 shall conduct joint interviews. In respect to interviews with
9 the school employee, law enforcement officials shall be given
10 an opportunity to interview the school employee prior to the
11 employee having any contact with the county agency.
12 (3) The county agency and law enforcement officials have
13 the authority to arrange for photographs, medical tests or X-
14 rays of a student alleged to have been abused or injured by a
15 school employee. The county agency and law enforcement
16 officials shall coordinate their efforts in this regard and,
17 to the fullest extent possible, avoid the duplication of any
18 photographs, medical tests or X-rays.
19 (4) Law enforcement officials and the county agency
20 shall advise each other of the status and findings of their
21 respective investigations on an ongoing basis.
22 § 6353.2. Responsibilities of county agency.
23 (a) Information for the pending complaint file.--Immediately
24 after receiving a report under section 6353.1 (relating to
25 investigation), the county agency shall notify the department of
26 the receipt of the report, which is to be filed in the pending
27 complaint file as provided in section 6331(1) (relating to
28 establishment of pending complaint file, Statewide central
29 register and file of unfounded reports). The oral report shall
30 include the following information:
20070H1024B1197 - 13 -
1 (1) The name and address of the student and the
2 student's parent or guardian.
3 (2) Where the suspected abuse or injury occurred.
4 (3) The age and sex of the student.
5 (4) The nature and extent of the suspected abuse or
6 injury.
7 (5) The name and home address of the school employee
8 alleged to have committed the abuse or injury.
9 (6) The relationship of the student to the school
10 employee alleged to have committed the abuse or injury.
11 (7) The source of the report to the county agency.
12 (8) The actions taken by the county agency, law
13 enforcement officials, parents, guardians, school officials
14 or other persons, including the taking of photographs,
15 medical tests and X-rays.
16 (b) Investigation of reports.--Upon receipt of a report
17 under section 6353.1, the county agency shall commence, within
18 the time frames established in department regulations, an
19 investigation of the nature, extent and cause of any alleged
20 abuse or injury enumerated in the report. The county agency
21 shall coordinate its investigation to the fullest extent
22 possible with law enforcement officials as provided in section
23 6353.1(b).
24 (c) Completion of investigation.--The investigation by the
25 county agency to determine whether the report is an indicated
26 report for school employee or an unfounded report shall be
27 completed within 60 days.
28 (d) Notice to subject of a report.--Prior to interviewing a
29 subject of the report, the county agency shall orally notify the
30 subject of the report of the existence of the report and the
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1 subject's rights under this chapter in regard to amendment or
2 expungement. Within 72 hours following oral notification to the
3 subject, the county agency shall give written notice to the
4 subject. The notice may be reasonably delayed if notification is
5 likely to threaten the safety of the student or the county
6 agency worker, to cause the school employee to abscond or to
7 significantly interfere with the conduct of a criminal
8 investigation.
9 (e) Reliance on factual investigation.--The county agency
10 may rely on a factual investigation of substantially the same
11 allegations by a law enforcement officials to support the
12 agency's finding. This reliance shall not relieve the county
13 agency of its responsibilities relating to the investigation of
14 reports under this subchapter.
15 (f) Notice to the department of the county agency's
16 determination.--As soon as the county agency has completed its
17 investigation, the county agency shall advise the department and
18 law enforcement officials of its determination of the report as
19 an indicated report for school employee or an unfounded report.
20 Supplemental reports shall be made at regular intervals
21 thereafter in a manner and form the department prescribes by
22 regulation to the end that the department is kept fully informed
23 and up-to-date concerning the status of the report.
24 § 6353.3. Information in Statewide central register.
25 The Statewide central register established under section 6331
26 (relating to establishment of pending complaint file, Statewide
27 central register and file of unfounded reports) shall retain
28 only the following information relating to reports of abuse or
29 injury of a student by a school employee which have been
30 determined to be a founded report for school employee or an
20070H1024B1197 - 15 -
1 indicated report for school employee:
2 (1) The names, Social Security numbers, age and sex of
3 the subjects of the report.
4 (2) The home address of the subjects of the report.
5 (3) The date and the nature and extent of the alleged
6 abuse or injury.
7 (4) The county and state where the abuse or injury
8 occurred.
9 (5) Factors contributing to the abuse or injury.
10 (6) The source of the report.
11 (7) Whether the report is a founded or indicated report.
12 (8) Information obtained by the department in relation
13 to the school employee's request to release, amend or expunge
14 information retained by the department or the county agency.
15 (9) The progress of any legal proceedings brought on the
16 basis of the report.
17 (10) Whether a criminal investigation has been
18 undertaken and the result of the investigation and of any
19 criminal prosecution.
20 § 6353.4. Other provisions.
21 The following provisions shall apply to the release and
22 retention of information by the department and the county agency
23 concerning reports of abuse or injury committed by a school
24 employee as provided by this subchapter:
25 Section 6336(b) and (c) (relating to information in
26 Statewide central register).
27 Section 6337 (relating to disposition of unfounded
28 reports).
29 Section 6338(a) and (b) (relating to disposition of
30 founded and indicated reports).
20070H1024B1197 - 16 -
1 Section 6339 (relating to confidentiality of reports).
2 Section 6340 (relating to release of information in
3 confidential reports).
4 Section 6341(a) through (f) (relating to amendment or
5 expunction of information).
6 Section 6342 (relating to studies of data in records).]
7 Section 4. This act shall take effect in 60 days.
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