PRINTER'S NO. 1291
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. F30L23SFL/20070S1026B1291 - 9 -