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                                                      PRINTER'S NO. 1291

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1026 Session of 2007


        INTRODUCED BY VANCE, GORDNER, BAKER, O'PAKE, BOSCOLA, TOMLINSON,
           COSTA, FOLMER, LAVALLE, MELLOW, ORIE, RAFFERTY, WONDERLING
           AND FERLO, JULY 10, 2007

        REFERRED TO AGING AND YOUTH, JULY 10, 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 release of information in
     4     confidential reports, for investigating performance of county
     5     agency, for reports to the Governor and General Assembly, for
     6     services for prevention, investigation and treatment of child
     7     abuse and for reports to Department of Public Welfare and
     8     coroner.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  Section 6303(a) of Title 23 of the Pennsylvania
    12  Consolidated Statutes is amended by adding definitions to read:
    13  § 6303.  Definitions.
    14     (a)  General rule.--The following words and phrases when used
    15  in this chapter shall have the meanings given to them in this
    16  section unless the context clearly indicates otherwise:
    17     * * *
    18     "Children's advocacy centers."  Local public agencies in this
    19  Commonwealth, and not-for-profit entities incorporated in this
    20  Commonwealth that are tax exempt under section 501(c)(3) of the


     1  Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
     2  501(c)(3)) or any successor provision, which operate within this
     3  Commonwealth, for the primary purpose of providing a child-
     4  focused, facility-based program dedicated to coordinating a
     5  formalized multidisciplinary response to suspected child abuse,
     6  that at a minimum, either onsite or through a partnership with
     7  another entity or entities, assists county agencies,
     8  investigative teams and law enforcement by providing services,
     9  including forensic interviews, medical evaluations, therapeutic
    10  interventions, victim support and advocacy, team case reviews
    11  and a system for case tracking.
    12     * * *
    13     "Multidisciplinary response."  A response to suspected child
    14  abuse in which the county agency, law enforcement, prosecution,
    15  victim support and advocacy agencies and medical and mental
    16  health professionals cooperate pursuant to a written protocol to
    17  provide coordinated intervention that assures that children are
    18  connected to services necessary to provide for their safety,
    19  health and well-being, and that as part of the coordinated
    20  response, the children are interviewed regarding the suspected
    21  child abuse in a coordinated and child-focused manner to avoid
    22  duplication of fact-finding and to minimize additional trauma to
    23  the children.
    24     * * *
    25     Section 2.  Section 6340(a) of Title 23 is amended by adding
    26  a paragraph to read:
    27  § 6340.  Release of information in confidential reports.
    28     (a)  General rule.--Reports specified in section 6339
    29  (relating to confidentiality of reports) shall only be made
    30  available to:
    20070S1026B1291                  - 2 -     

     1         * * *
     2         (17)  A member of a child fatality or near fatality
     3     review team under section 6365(d) (relating to services for
     4     prevention, investigation and treatment of child abuse),
     5     except for information that the district attorney determines
     6     may compromise any pending criminal proceeding shall not be
     7     shared with members of a child fatality or near fatality
     8     review team.
     9     * * *
    10     Section 3.  Sections 6343, 6347, 6365 and 6367 of Title 23
    11  are amended by adding subsections to read:
    12  § 6343.  Investigating performance of county agency.
    13     * * *
    14     (c)  Department reviews and reports.--
    15         (1)  The department shall conduct child fatality and near
    16     fatality reviews and provide written reports on any child
    17     fatality or near fatality where child abuse is suspected. An
    18     explanation regarding the nature and extent of the review
    19     shall be provided in each report.
    20         (2)  In cases where a county agency has investigated
    21     child abuse or neglect reports related to the child or to
    22     other children of either of the child's parents or has
    23     provided protective or general protective services involving
    24     the child or other children of either of the child's parents,
    25     the department shall analyze the county agency's performance
    26     in each review and report, including, but not limited to:
    27             (i)  The investigation of prior child abuse or
    28         neglect reports.
    29             (ii)  Assessment of risk.
    30             (iii)  Acceptance of the family for services.
    20070S1026B1291                  - 3 -     

     1             (iv)  Provision of services.
     2             (v)  Case closure.
     3             (vi)  Compliance with this chapter and related
     4         regulations.
     5         (3)  On and after the effective date of this paragraph,
     6     the child fatality or near fatality review and report shall
     7     be completed no later than six months following the date of
     8     the oral report of suspected child abuse to the department. A
     9     copy of each child fatality and near fatality report shall be
    10     maintained in the appropriate Harrisburg office of the
    11     department.
    12         (4)  Within 60 days of receipt of a report under section
    13     6365(d)(4)(iv) (relating to services for prevention,
    14     investigation and treatment of child abuse), the department
    15     shall review the findings and recommendations of the report
    16     and submit a written response to the county agency. By May 1,
    17     the department shall prepare and transmit to the Governor and
    18     General Assembly an annual summary of the reports and
    19     responses under this paragraph.
    20  § 6347.  Reports to Governor and General Assembly.
    21     * * *
    22     (d)  Reports on child fatalities and near fatalities.--The
    23  department shall prepare and transmit annually to the Governor
    24  and to the General Assembly a report on its findings and
    25  recommendations regarding the child fatality and near fatality
    26  reviews and reports conducted under section 6343(c) (relating to
    27  investigating performance of county agency). The annual report
    28  shall include, but not be limited to, the following:
    29         (1)  A breakdown of child fatalities and near fatalities
    30     reviewed versus those not reviewed and a discussion
    20070S1026B1291                  - 4 -     

     1     explaining the lack of reviews for some child fatalities and
     2     near fatalities.
     3         (2)  An analysis of the regulatory compliance problems
     4     identified in the course of the child fatality and near
     5     fatality reviews and a discussion outlining the actions taken
     6     by the department and the county agencies.
     7         (3)  An analysis of the practice or decision-making
     8     problems identified in the course of the child fatality and
     9     near fatality reviews and a discussion outlining the actions
    10     taken by the department and the county agencies.
    11         (4)  The good practice, effective decision making and
    12     regulatory compliance identified in the course of the child
    13     fatality and near fatality reviews.
    14         (5)  The numbers of license revocations, provisional
    15     licenses and full licenses given to county agencies reviewed
    16     under section 6343(c).
    17         (6)  Recommendations for specific or systemic
    18     administrative, regulatory or statutory change, including
    19     improvement of the department's monitoring and inspection
    20     process, necessary to fulfill the purposes of this chapter.
    21  § 6365.  Services for prevention, investigation and treatment of
    22             child abuse.
    23     * * *
    24     (d)  Child fatality and near fatality review team and written
    25  report.--
    26         (1)  A child fatality or near fatality review team shall
    27     be convened in cases where a child dies or nearly dies as a
    28     result of substantiated child abuse or when the county agency
    29     has not made a status determination within 30 days. The team
    30     may convene after a substantiation is made and shall convene
    20070S1026B1291                  - 5 -     

     1     not later than 31 days from the receipt of the oral report to
     2     the department of the suspected child abuse. The county
     3     agency shall convene a child fatality or near fatality review
     4     team in the county where the abuse occurred and in any county
     5     where the child resided within the 12 months preceding the
     6     fatality or near fatality. The team shall consist of the
     7     following individuals, who must have experience in working
     8     with children and families:
     9             (i)  A staff person from the county agency.
    10             (ii)  A member of the advisory committee of the
    11         county agency.
    12             (iii)  A representative of a private or public human
    13         services agency.
    14             (iv)  A health care provider.
    15             (v)  A representative of a local school or
    16         educational program.
    17             (vi)  A representative of law enforcement.
    18             (vii)  A lawyer trained in legal representation of
    19         children or individual trained as a court-appointed
    20         special advocate for children.
    21             (viii)  A mental health service provider.
    22             (ix)  The county multidisciplinary team coordinator.
    23             (x)  A children's advocacy center representative, who
    24         is not an employee of a county agency if present in the
    25         community.
    26             (xi)  The county coroner or forensic pathologist.
    27             (xii)  A resident of the county where the review is
    28         being conducted.
    29         (2)  All members of the team shall assist in carrying out
    30     the purpose of the team by doing all of the following:
    20070S1026B1291                  - 6 -     

     1             (i)  Maintaining confidentiality of information under
     2         section 6340 (relating to release of information in
     3         confidential reports).
     4             (ii)  Providing and discussing relevant case-specific
     5         information from the member's records.
     6             (iii)  Attending and participating in all meetings
     7         and activities as required.
     8             (iv)  Reviewing and responding to the report under
     9         paragraph (4)(iv).
    10         (3)  The county agency shall appoint an individual to
    11     serve as chairman who is not an employee of the county
    12     agency.
    13         (4)  The purposes of the team shall be the following:
    14             (i)  Review the circumstances of the child's fatality
    15         or near fatality resulting from suspected or
    16         substantiated child abuse.
    17             (ii)  Review the delivery of services to the abused
    18         child and the child's family provided by the county
    19         agency in the county or counties where the child and
    20         family have resided within the 12 months preceding the
    21         fatality or near fatality and services provided to the
    22         child and the child's family by other public and private
    23         community agencies or professionals. This subparagraph
    24         includes law enforcement, mental health services,
    25         programs for children with special needs, drug and
    26         alcohol programs, local schools and health care
    27         providers.
    28             (iii)  Review the county agency's compliance with
    29         statutes and regulations and with relevant policies and
    30         procedures of the county agency.
    20070S1026B1291                  - 7 -     

     1             (iv)  Submit, within 90 days of convening, a written
     2         report on its review to the department and designated
     3         county officials under section 6340(a)(11). The report
     4         shall be made available, upon request, to other
     5         individuals to whom confidential reports may be released,
     6         as specified by section 6340. The report and the
     7         department's response shall be made available to the
     8         public only if identifying information is removed from
     9         the contents of the report. The report shall include:
    10                 (A)  Deficiencies and strengths in:
    11                     (I)  Compliance with statutes and
    12                 regulations.
    13                     (II)  Services to children and families.
    14                 (B)  Recommendations for changes at the State and
    15             local level on all of the following:
    16                     (I)  Reducing the likelihood of future child
    17                 fatalities and near fatalities directly related
    18                 to child abuse and neglect.
    19                     (II)  Monitoring and inspection of county
    20                 agencies.
    21                     (III)  Collaboration of community agencies
    22                 and service providers to prevent child abuse and
    23                 neglect.
    24  § 6367.  Reports to department and coroner.
    25     * * *
    26     (c)  Reports of child death.--In addition to the child abuse
    27  report required under subsection (a), a county agency shall
    28  immediately provide information to the department regarding its
    29  involvement with the child and with either of the child's
    30  parents when a child dies or nearly dies and child abuse is
    20070S1026B1291                  - 8 -     

     1  suspected. The county agency shall inform the department of any
     2  history of protective or general protective services provided to
     3  the child or to other children of either of the child's parents
     4  by the county agency under this chapter or by court order and
     5  shall inform the department if the child was in the agency's
     6  custody at the time of the child's death. The county agency
     7  shall provide this information in writing on forms provided by
     8  the department within 48 hours of the oral report.
     9     Section 4.  The Department of Public Welfare shall promulgate
    10  regulations necessary for implementing the amendment or addition
    11  of 23 Pa.C.S. §§ 6303(a), 6340(a)(17), 6343(c), 6347(d), 6365(d)
    12  and 6367(c).
    13     Section 5.  This act shall take effect in six months.












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