See other bills
under the
same topic
                                                      PRINTER'S NO. 1529

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1147 Session of 2007


        INTRODUCED BY WASHINGTON, FONTANA, HUGHES, MELLOW AND
           C. WILLIAMS, NOVEMBER 5, 2007

        REFERRED TO JUDICIARY, NOVEMBER 5, 2007

                                     AN ACT

     1  Amending Title 23 (Domestic Relations) of the Pennsylvania
     2     Consolidated Statutes, further providing for information
     3     relating to prospective child-care personnel.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 6344(b), (d)(1), (2), (3), (4) and (5),
     7  (e), (f) and (k) of Title 23 of the Pennsylvania Consolidated
     8  Statutes are amended to read:
     9  § 6344.  Information relating to prospective child-care
    10             personnel.
    11     * * *
    12     (b)  Information submitted by prospective employees.--
    13  Administrators of child-care services shall require applicants
    14  to submit with their applications the following information
    15  obtained within the preceding one-year period:
    16         (1)  Pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal
    17     history record information), a report of criminal history
    18     record information from the Pennsylvania State Police or a

     1     statement from the Pennsylvania State Police that the State
     2     Police central repository contains no such information
     3     relating to that person. The criminal history record
     4     information shall be limited to that which is disseminated
     5     pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to general
     6     regulations).
     7         (2)  A certification from the department as to whether
     8     the applicant is named in the central register as the
     9     perpetrator of a founded report of child abuse, indicated
    10     report of child abuse, founded report for school employee or
    11     indicated report for school employee.
    12         (3)  [Where the applicant is not a resident of this
    13     Commonwealth, administrators shall require the applicant to
    14     submit with the application for employment a] A report of
    15     Federal criminal history record information. The applicant
    16     shall submit a full set of fingerprints [to] in a manner
    17     prescribed by the department. The [department] Commonwealth
    18     shall submit the fingerprints to the Federal Bureau of
    19     Investigation in order to obtain a report of Federal criminal
    20     history record information and serve as intermediary for the
    21     purposes of this section.
    22  For the purposes of this subsection, an applicant may submit a
    23  copy of the [required] information required under paragraphs (1)
    24  and (2) with an application for employment. Administrators shall
    25  maintain a copy of the required information and shall require
    26  applicants to produce the original document prior to employment.
    27     * * *
    28     (d)  Prospective adoptive or foster parents.--With regard to
    29  prospective adoptive or prospective foster parents, the
    30  following shall apply:
    20070S1147B1529                  - 2 -     

     1         (1)  In the course of causing an investigation to be made
     2     pursuant to section 2535(a) (relating to investigation), an
     3     agency or person designated by the court to conduct the
     4     investigation shall require prospective adoptive parents and
     5     any individual over the age of 18 years residing in the home
     6     to submit the information set forth in subsection [(b)(1) and
     7     (2)] (b) for review in accordance with this section. If a
     8     prospective adoptive parent or any individual over 18 years
     9     of age residing in the home has resided outside this
    10     Commonwealth at any time within the previous five-year
    11     period, the agency or person designated by the court shall
    12     require that person to submit a certification obtained within
    13     the previous one-year period from the Statewide central
    14     registry or its equivalent in each state in which the person
    15     has resided within the previous five-year period as to
    16     whether the person is named as a perpetrator of child abuse.
    17     If the certification shows that the person is named as a
    18     perpetrator of child abuse within the previous five-year
    19     period, the agency or person designated by the court shall
    20     forward the certification to the department for review. The
    21     agency or person designated by the court shall not approve
    22     the prospective adoptive parent if the department determines
    23     that the person is named as the equivalent of a perpetrator
    24     of a founded report of child abuse within the previous five-
    25     year period.
    26         (2)  In the course of approving a prospective foster
    27     parent, a foster family care agency shall require prospective
    28     foster parents and any individual over the age of 18 years
    29     residing in the home to submit the information set forth in
    30     subsection [(b)(1) and (2)] (b) for review by the foster
    20070S1147B1529                  - 3 -     

     1     family care agency in accordance with this section. If a
     2     prospective foster parent or any individual over 18 years of
     3     age residing in the home has resided outside this
     4     Commonwealth at any time within the previous five-year
     5     period, the foster family care agency shall require that
     6     person to submit a certification obtained within the previous
     7     one-year period from the Statewide central registry or its
     8     equivalent in each state in which the person has resided
     9     within the previous five-year period as to whether the person
    10     is named as a perpetrator of child abuse. If the
    11     certification shows that the person is named as a perpetrator
    12     of child abuse within the previous five-year period, the
    13     foster family care agency shall forward the certification to
    14     the department for review. The foster family care agency
    15     shall not approve the prospective foster parent if the
    16     department determines that the person is named as the
    17     equivalent of a perpetrator of a founded report of child
    18     abuse within the previous five-year period. In addition, the
    19     foster family care agency shall consider the following when
    20     assessing the ability of applicants for approval as foster
    21     parents:
    22             (i)  The ability to provide care, nurturing and
    23         supervision to children.
    24             (ii)  Mental and emotional well-being. If there is a
    25         question regarding the mental or emotional stability of a
    26         family member which might have a negative effect on a
    27         foster child, the foster family care agency shall require
    28         a psychological evaluation of that person before
    29         approving the foster family home.
    30             (iii)  Supportive community ties with family, friends
    20070S1147B1529                  - 4 -     

     1         and neighbors.
     2             (iv)  Existing family relationships, attitudes and
     3         expectations regarding the applicant's own children and
     4         parent/child relationships, especially as they might
     5         affect a foster child.
     6             (v)  Ability of the applicant to accept a foster
     7         child's relationship with his own parents.
     8             (vi)  The applicant's ability to care for children
     9         with special needs.
    10             (vii)  Number and characteristics of foster children
    11         best suited to the foster family.
    12             (viii)  Ability of the applicant to work in
    13         partnership with a foster family care agency. This
    14         subparagraph shall not be construed to preclude an
    15         applicant from advocating on the part of a child.
    16         (3)  Foster parents and any individual over 18 years of
    17     age residing in the home shall be required to submit the
    18     information set forth in subsection [(b)(1) and (2)] (b)
    19     every 24 months following approval for review by the foster
    20     family care agency in accordance with subsection (c).
    21         (4)  Foster parents shall be required to report, within
    22     48 hours, any change in information required pursuant to
    23     subsection [(b)(1) and (2)] (b) about themselves and any
    24     individuals over the age of 18 years residing in the home for
    25     review by the foster family care agency in accordance with
    26     subsection (c).
    27         (5)  Foster parents shall be required to report any other
    28     change in the foster family household composition within 30
    29     days of the change for review by the foster family care
    30     agency. If any individual over 18 years of age, who has
    20070S1147B1529                  - 5 -     

     1     resided outside this Commonwealth at any time within the
     2     previous five-year period, begins residing in the home of an
     3     approved foster family, that individual shall, within 30 days
     4     of beginning residence, submit to the foster family care
     5     agency, a certification obtained within the previous one-year
     6     period from the Statewide central registry or its equivalent
     7     in each state in which the person has resided within the
     8     previous five-year period as to whether the person is named
     9     as a perpetrator of child abuse. If the certification shows
    10     that the person is named as a perpetrator of child abuse
    11     within the previous five-year period, the foster family care
    12     agency shall forward the certification to the department for
    13     review. If the department determines that the person is named
    14     as the equivalent of a perpetrator of a founded report of
    15     child abuse within the previous five-year period, and the
    16     person does not cease residing in the home immediately, the
    17     foster child or children shall immediately be removed from
    18     the home without a hearing.
    19         * * *
    20     (e)  Self-employed family day-care providers.--Self-employed
    21  family day-care providers who apply for a certificate of
    22  registration with the department shall submit with their
    23  registration application [a report of criminal history record
    24  information and shall also obtain certification from the
    25  department as to whether the applicant is named in the central
    26  register as the perpetrator of a founded report of child abuse.]
    27  the information set forth under subsection (b) for review in
    28  accordance with this section.
    29     (f)  Submissions by operators of child-care services.--The
    30  department shall require persons seeking to operate child-care
    20070S1147B1529                  - 6 -     

     1  services to submit the information set forth in subsection
     2  [(b)(1) and (2)] (b) for review in accordance with this section.
     3     * * *
     4     (k)  Existing or transferred employees.--A person employed in
     5  child-care services on [January 1, 1986] July 1, 2008, shall not
     6  be required to obtain the information required in subsection
     7  [(b)(1) and (2)] (b) as a condition of continued employment. A
     8  person who has once obtained the information required under
     9  subsection [(b)(1) and (2)] (b) may transfer to another child-
    10  care service established and supervised by the same organization
    11  and shall not be required to obtain additional reports before
    12  making the transfer.
    13     * * *
    14     Section 2.  This act shall take effect as follows:
    15         (1)  This section shall take effect immediately.
    16         (2)  The amendment of 23 Pa.C.S. § 6344(b) and (d)(1),
    17     (2), (3), (4) and (5) shall take effect January 1, 2008.
    18         (3)  The amendment of 23 Pa.C.S. § 6344 (e), (f) and (k)
    19     shall take effect July 1, 2008.








    J18L23MSP/20070S1147B1529        - 7 -