THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY FONTANA, KASUNIC, TARTAGLIONE, BROWNE, ORIE, YAW, RAFFERTY, FARNESE, KITCHEN, WARD, BOSCOLA, PIPPY, WILLIAMS, EICHELBERGER, LEACH, MENSCH, VANCE, WAUGH, COSTA, HUGHES, BREWSTER, SOLOBAY, WASHINGTON, GREENLEAF, BAKER, STACK, ARGALL, YUDICHAK, WOZNIAK, BLAKE, ALLOWAY, D. WHITE, DINNIMAN, FERLO AND PICCOLA, FEBRUARY 25, 2011

REFERRED TO AGING AND YOUTH, FEBRUARY 25, 2011  

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, further providing for definitions, for

persons required to report suspected child abuse, for

reporting procedure and for immunity from liability;

providing for false reports of child abuse; and further

providing for release of information in confidential reports,

for school employees, for administration, for investigation,

for responsibilities of county agency for child protective

services and for investigation of reports.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definitions of "founded report for school

employee" and "indicated report for school employee" in section

6303 of Title 23 of the Pennsylvania Consolidated Statutes are

amended to read:

§ 6303.  Definitions.

(a)  General rule.--The following words and phrases when used

in this chapter shall have the meanings given to them in this

section unless the context clearly indicates otherwise:

* * *

"Founded report for school employee."  A report under

Subchapter C.1 (relating to students in public and private

schools) if there has been any judicial adjudication based on a

finding that the victim has suffered serious physical injury, 

serious bodily injury or sexual abuse or exploitation, including

the entry of a plea of guilty or nolo contendere or a finding of

guilt to a criminal charge involving the same factual

circumstances involved in the allegations of the report.

* * *

"Indicated report for school employee."  A report made under

Subchapter C.1 (relating to students in public and private

schools) if an investigation by the county agency determines

that substantial evidence of serious physical injury, serious

bodily injury or sexual abuse or exploitation exists based on

any of the following:

(1)  Available medical evidence.

(2)  The county agency's investigation.

(3)  An admission of the acts of abuse by the school

employee.

* * *

Section 2.  Sections 6311(c), 6313(c) and 6318(a) of Title 23

are amended to read:

§ 6311.  Persons required to report suspected child abuse.

* * *

(c)  Staff members of institutions, etc.--Whenever a person

is required to report under subsection (b) in the capacity as a

member of the staff of a medical or other public or private

institution, school, facility or agency, that person shall

immediately notify the person in charge of the institution,

school, facility or agency or the designated agent of the person

in charge. Upon notification, the person in charge or the

designated agent, if any, shall assume the responsibility and

have the legal obligation to report or cause a report to be made

in accordance with section 6313. In the event that the person

suspected of child abuse is the person in charge or the

designated agent of the person in charge, the staff member

reporting shall have the legal obligation to report or cause a

report to be made in accordance with section 6313. This chapter

does not require more than one report from any such institution,

school, facility or agency.

* * *

§ 6313.  Reporting procedure.

* * *

(c)  Written reports.--Written reports from persons required

to report under section 6311 shall be made to the appropriate

county agency in a manner and on forms the department prescribes

by regulation. The written reports shall include the following

information if available:

(1)  The names and addresses of the child and the parents

or other person responsible for the care of the child if

known, and the child's disability status.

(2)  Where the suspected abuse occurred.

(3)  The age and sex of the subjects of the report.

(4)  The nature and extent of the suspected child abuse,

including any evidence of prior abuse to the child or

siblings of the child.

(5)  The name and relationship of the person or persons

responsible for causing the suspected abuse, if known, and

any evidence of prior abuse by that person or persons.

(6)  Family composition.

(7)  The source of the report.

(8)  The person making the report and where that person

can be reached.

(9)  The actions taken by the reporting source, including

the taking of photographs and X-rays, removal or keeping of

the child or notifying the medical examiner or coroner.

(10)  Any other information which the department may

require by regulation.

* * *

§ 6318.  Immunity from liability.

(a)  General rule.--A person, hospital, institution, school,

facility, agency or agency employee that participates in good

faith in the making of a report, whether required or not,

cooperating with an investigation, including providing

information to a child fatality or near fatality review team,

testifying in a proceeding arising out of an instance of

suspected child abuse, the taking of photographs or the removal

or keeping of a child pursuant to section 6315 (relating to

taking child into protective custody), and any official or

employee of a county agency who refers a report of suspected

abuse to law enforcement authorities or provides services under

this chapter, shall have immunity from civil and criminal

liability that might otherwise result by reason of those actions

except as provided under section 6320 (relating to false reports

of child abuse).

* * *

Section 3.  Title 23 is amended by adding a section to read:

§ 6320.  False reports of child abuse.

A person who knowingly or intentionally makes a report of

child abuse under this chapter that the person knows is false

commits a misdemeanor of the second degree.

Section 4.  Section 6340(a) of Title 23 is amended by adding

subsections to read:

§ 6340.  Release of information in confidential reports.

(a)  General rule.--Reports specified in section 6339

(relating to confidentiality of reports) shall only be made

available to:

* * *

(18)  The employer of a child-care service employee,

service provider, administrator or school employee who has

been determined to be the perpetrator of a founded report or

an indicated report after final administrative determination

by the department. Information permitted to be released to an

employer under this paragraph shall be limited to facts

related to the employee's suitability in the workplace and to

the protection of the health, safety and welfare of the

children in the employee's workplace.

(19)  The Secretary of Education or designee. Information

under this paragraph shall be limited to facts related to an

employee's suitability in the workplace and to the protection

of the health, safety and welfare of the children in the

employee's workplace.

* * *

Section 5.  Sections 6352(a), 6353, 6353.1 and 6362(c) of

Title 23 are amended by adding subsections to read:

§ 6352.  School employees.

(a)  Requirement.--

(1)  Except as provided in paragraph (2), a school

employee who has reasonable cause to suspect, on the basis of

professional or other training and experience, that a student

coming before the school employee in the employee's

professional or official capacity is a victim of serious

physical injury, serious bodily injury or sexual abuse or

sexual exploitation by a school employee shall immediately

contact the administrator. The administrator shall

immediately make a report under 6353(a) (relating to

administration).

(2)  If the school employee accused of injuring, 

seriously injuring or sexually abusing or exploiting a

student is the administrator, the school employee who has

reasonable cause to suspect, on the basis of professional or

other training and experience, that a student coming before

the school employee in the employee's professional or

official capacity is a victim of serious physical injury, 

serious bodily injury or sexual abuse or sexual exploitation

shall immediately report to law enforcement officials [and], 

the district attorney and the appropriate county agency under

section 6353(a) [(relating to administration)].

(3)  If an administrator is the school employee who

suspects injury or abuse, the administrator shall make a

report under section 6353(a).

[(3)]  (4)  The school employee may not reveal the

existence or content of the report to any other person.

* * *

§ 6353.  Administration.

(a)  Requirement.--An administrator and a school employee

governed by section 6352(a)[(2)] (relating to school employees)

shall report immediately to law enforcement officials [and], the

appropriate district attorney and the appropriate county agency

any report of serious physical injury, serious bodily injury or

sexual abuse or sexual exploitation alleged to have been

committed by a school employee against a student.

(b)  Report.--A report under subsection (a) shall include the

following information:

(1)  Name, age, address [and], school and disability

status of the student.

(2)  Name and address of the student's parent or

guardian.

(3)  Name and address of the administrator.

(4)  Name, work and home address of the school employee.

(5)  Nature of the alleged offense.

(6)  Any specific comments or observations that are

directly related to the alleged incident and the individuals

involved.

(c)  Immunity.--An administrator or school employee who makes

a report under subsection (a) shall be immune from civil or

criminal liability arising out of the report.

(d)  Criminal penalty.--An administrator or school employee 

who willfully violates subsection (a) commits a misdemeanor of

the third degree.

§ 6353.1.  Investigation.

(a)  General rule.--Upon receipt of a report under section

6353 (relating to administration), an investigation shall be

conducted by law enforcement officials, in cooperation with the

district attorney[, and a determination made as to] and the

appropriate county agency. Law enforcement officials, in

cooperation with the district attorney shall determine what

criminal charges, if any, will be filed against the school

employee.

(b)  [Referral to] Coordination with county agency.--

(1)  [If local law enforcement officials have reasonable

cause to suspect on the basis of initial review that there is

evidence of serious bodily injury, sexual abuse or sexual

exploitation committed by a school employee against a

student, local law enforcement officials shall notify the

county agency in the county where the alleged abuse or injury

occurred for the purpose of the agency conducting an

investigation of the alleged abuse or injury.] (Reserved).

(2)  To the fullest extent possible, law enforcement

officials and the county agency shall coordinate their

respective investigations. In respect to interviews with the

student, law enforcement officials and the county agency

shall conduct joint interviews. In respect to interviews with

the school employee, law enforcement officials shall be given

an opportunity to interview the school employee prior to the

employee having any contact with the county agency.

(3)  The county agency and law enforcement officials have

the authority to arrange for photographs, medical tests or X-

rays of a student alleged to have been abused or injured by a

school employee. The county agency and law enforcement

officials shall coordinate their efforts in this regard and,

to the fullest extent possible, avoid the duplication of any

photographs, medical tests or X-rays.

(4)  Law enforcement officials and the county agency

shall advise each other of the status and findings of their

respective investigations on an ongoing basis.

§ 6362.  Responsibilities of county agency for child protective

services.

* * *

(c)  Action by agencies for abuse by agents or employees.--

Where suspected child abuse has occurred and an employee or

agent of the department or the county agency or a private or

public institution or school is a subject of the report, the

department, agency [or], institution or school shall be informed

of the investigation so that it may take appropriate action.

When the suspected abuse concerns a child with a disability, the

county agency shall additionally inform the State protection and

advocacy system of the investigation and the substance of the

complaint.

* * *

Section 6.  Section 6368 of Title 23 is amended by adding

subsections to read:

§ 6368.  Investigation of reports.

* * *

(e)  Notice of founded or indicated report to certain

employers.--Where the county agency determines that a complaint

of suspected abuse is a founded or indicated report after final

administrative determination by the department, involving a

perpetrator who is a child-care service employee, service

provider, administrator or school employee, the county agency

shall notify the employer, if the identity of the employer is

known to the county agency, in writing of the information which

may be disclosed under section 6340(a)(17) (relating to release

of information in confidential reports).

(f)  Notice of founded or indicated report to Secretary of

Education.--Where the county agency determines that a complaint

of suspected abuse is a founded report or an indicated report

after final administrative determination by the department,

involving a perpetrator who is a charter or cyber charter school

staff member or is certified as a teacher, educational

specialist or an administrator in this Commonwealth as defined

in the act of December 12, 1973 (P.L.397, No.141), known as the

Professional Educator Discipline Act, the county agency shall

notify the Secretary of Education or designee in writing of the

information which may be disclosed under section 6340(a)(18).

Section 7.  This act shall take effect in 180 days.