AN ACT

 

1Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2"An act providing for and reorganizing the conduct of the
3executive and administrative work of the Commonwealth by the
4Executive Department thereof and the administrative
5departments, boards, commissions, and officers thereof,
6including the boards of trustees of State Normal Schools, or
7Teachers Colleges; abolishing, creating, reorganizing or
8authorizing the reorganization of certain administrative
9departments, boards, and commissions; defining the powers and
10duties of the Governor and other executive and administrative
11officers, and of the several administrative departments,
12boards, commissions, and officers; fixing the salaries of the
13Governor, Lieutenant Governor, and certain other executive
14and administrative officers; providing for the appointment of
15certain administrative officers, and of all deputies and
16other assistants and employes in certain departments, boards,
17and commissions; and prescribing the manner in which the
18number and compensation of the deputies and all other
19assistants and employes of certain departments, boards and
20commissions shall be determined," <-further providing for 
21domestic violence and rape victims services <-in Commonwealth 
22agency fees, further providing for the Department of Health;
23and providing for children's advocacy centers.

24The General Assembly of the Commonwealth of Pennsylvania
25hereby enacts as follows:

<-1Section 1. Section 2333(b) of the act of April 9, 1929
2(P.L.177, No.175), known as The Administrative Code of 1929,
3added March 30, 1988 (P.L.329, No.44), is amended to read:

4Section 2333. Domestic Violence and Rape Victims Services.--
5* * *

6(b) Where any person after the effective date of this
7section pleads guilty or nolo contendere to or is convicted of
8any crime as herein defined, there shall be imposed, in addition
9to all other costs, an additional cost in the sum of [ten
10dollars ($10)] fifteen dollars ($15) for the purpose of funding
11the services as described in this section. Such sum shall be
12paid over to the State Treasurer to be deposited in the General
13Fund. Under no condition shall a political subdivision be liable
14for the payment of the [ten dollars ($10)] fifteen dollars ($15)
15in additional costs.

16* * *

<-17Section 1. Section 609-A(6) of the act of April 9, 1929
18(P.L.177, No.175), known as The Administrative Code of 1929,
19added December 23, 2003 (P.L.282, No.47), is amended to read:

20Section 609-A. Department of Health.--The Department of Health
21is authorized to charge fees for the following
22purposes and in the following amounts:

23* * *

24(6) Vital statistics:

 

25(i) Certified copy of a birth record.......

26 

[10.00]

20.00

27(ii) Certified copy of a death record......

9.00

28Section 2. The act is amended by adding an article to read:

29ARTICLE XXIII-B

30CHILDREN'S ADVOCACY CENTERS

1Section 2301-B. Declaration of policy.

2The General Assembly finds and declares as follows:

3(1) State-of-the-art treatment for victims of child sexual
4abuse and child abuse is provided by children's advocacy
5centers. These centers bring together doctors, nurses,
6prosecutors, social workers and police in order to provide a
7unique and essential program of treatment and healing for child
8victims.

9(2) Children's advocacy centers not only treat child
10victims, but assist in preventing and detecting child abuse and
11provide, through forensic interviewing and other techniques, the
12most effective way to bring perpetrators of child sexual abuse
13to justice.

14(3) The Task Force on Child Protection stated in its
15November 2012 report that the Commonwealth's children are
16underserved when it comes to access to children's advocacy
17centers. The Task Force on Child Protection recommended that
18children's advocacy centers be established on a regional basis
19in order to allow the maximum number of abused children to be
20treated. Further, the Task Force on Child Protection recommended
21that the General Assembly provide a dedicated funding stream to
22support existing children's advocacy centers and to enable the
23establishment of additional children's advocacy centers within
24this Commonwealth.

25(4) It is in the public interest for this Commonwealth to
26provide financial assistance to children's advocacy centers,
27both for their enhancement and establishment.

28Section 2302-B. Definitions.

29The following words and phrases when used in this article
30shall have the meanings given to them in this section unless the

1context clearly indicates otherwise:

2"Children's advocacy center." As defined in 23 Pa.C.S. 6303
3(relating to definitions).

4"Commission." The Pennsylvania Commission on Crime and
5Delinquency.

<-6"Committee." The Child Advocacy Center Advisory Committee
7established under this article.

8"Crime." An act committed in this Commonwealth which, if
9committed by a mentally competent, criminally responsible adult,
10who had no legal exemption or defense, would constitute a crime
11as defined in and proscribed by 18 Pa.C.S. (relating to crimes
12and offenses) or enumerated in the act of April 14, 1972
13(P.L.233, No.64), known as The Controlled Substance, Drug,
14Device and Cosmetic Act. However, no act involving the operation
15of a motor vehicle which results in injury shall constitute a
16crime for the purpose of this section unless the injury was
17intentionally inflicted through the use of a motor vehicle.

18"Multidisciplinary investigative team." A team established
19to coordinate child abuse investigations between county agencies
20and law enforcement as set forth in 23 Pa.C.S. Ch. 63 (relating
21to child protective services).

22Section 2303-B. Funding.

23The following apply:

<-24(1) Where any person after the effective date of this
25article pleads guilty or nolo contendere to or is convicted
26of any crime, there shall be imposed, in addition to all
27other costs, an additional cost in the sum of $15 for the
28purpose of funding children's advocacy centers as described
29in this article. Such sum shall be paid over to the State
30Treasurer to be deposited in the General Fund. Under no

1condition shall a political subdivision be liable for the
2payment of the $15 in additional costs.

3(2) <-(1) The commission shall make grants to qualified
4applicants <-on a regional basis as provided in this article
5for the operation of existing children's advocacy centers and
6for the establishment of children's advocacy centers,
7consistent with this article. In awarding grants, the
8commission shall consider:

9(i) The number of children to be served.

10(ii) The geographical area to be serviced.

11(iii) The scope of the services.

12(iv) The need for services.

13(v) The availability of expert pediatric medical and
14mental health services.

<-15(vi) The amount of funds provided from other
16sources.

<-17(2) The commission shall make grants to qualified
18applicants for the operation of multidisciplinary
19investigative teams.

20Section 2303.1-B. Additional funding.

21(a) Initial year.--For the fiscal year beginning July 1,
222014, 50% of the fee charged by the Department of Health for a
23certified copy of a birth record under section 609-A shall be
24transferred to the Department of Public Welfare for training of
25mandated reporters of child abuse and child abuse related costs.

26(b) Subsequent years.--For the fiscal year beginning July 1,
272015, and each fiscal year thereafter, 50% of the fee charged by
28the Department of Health for a certified copy of a birth record
29under section 609-A shall be distributed as follows:

30(1) Twenty-five percent shall be transferred to the

1Department of Public Welfare for training of mandated
2reporters of child abuse and child abuse related costs.

3(2) Seventy-five percent shall be transferred to the
4Pennsylvania Commission on Crime and Delinquency for grants
5for child advocacy centers.

6(c) Restrictions.--The following shall apply:

7(1) The funding under this section shall not be used to
8supplant Federal, State or local funds otherwise available
9for child advocacy centers.

10(2) The Department of Public Welfare shall develop and
11provide the mandated reporter training under this section in
12conjunction with the Pennsylvania Child Welfare Resource
13Center.

14Section 2304-B. Permitted use of funds.

15(a) Grants to qualified applicants.--Funding shall be used
16to provide resources to qualified applicants as provided in this
17article. Grants shall be provided to all qualified applicants
18that apply to the extent that funds are available. However, no
19more than 20% of the funds collected annually under this article
20shall be provided to any single qualified applicant.

21(b) Initial award of funds.--For the first three years after
22the effective date of this article, the commission shall
23endeavor to provide 30% of the funds collected under this
24article to qualified applicants working to establish children's
25advocacy centers in regions not yet served by such centers.

26Section 2305-B. Procedure.

27In order to be a qualified applicant and to be awarded a
28grant under this article, the commission must find that either:

29(1) The applicant is an accredited, associate/developing
30or affiliate member of the National Children's Alliance.

1(2) In the case of an applicant that is not a member of
2the National Children's Alliance:

3(i) The applicant identifies a region of this
4Commonwealth it intends to serve.

5(ii) The applicant has received a letter of
6endorsement from <-at least two-thirds all of the district
7attorneys and multidisciplinary teams of the counties
8which will be served within the region. A district
9attorney and a multidisciplinary team <-may shall submit a
10letter <-separately or jointly. In no case may the
11commission distribute funds under this article to an
12applicant which has not been endorsed by <-at least two-
13thirds <-all of the district attorneys and
14multidisciplinary investigative teams of the counties to
15be served within the region.

16(iii) The applicant intends to apply for membership
17in the National Children's Alliance within a reasonable
18period of time.

<-19(iv) The applicant obtains a letter of endorsement
20from the Pennsylvania Chapter of Children's Advocacy
21Centers and Multidisciplinary Teams.

22Section 2306-B. Child Advocacy Center Advisory Committee.

23(a) Establishment.--The Child Advocacy Center Advisory
24Committee is hereby established within the commission.

25(b) Composition.--The members of the committee shall consist
26of no more than 21 members and be appointed by the chairman of
27the commission and shall include all of the following:

28(1) The Victim Advocate.

29(2) The Deputy Secretary of the Office of Children,
30Youth and Families of the Department of Public Welfare.

1(3) Representatives from each of the following, who have
2experience in the multidisciplinary investigation of child
3abuse and the use and operation of a child advocacy center:

4(i) Child advocacy centers.

5(ii) County children and youth service agencies.

6(iii) Municipal police departments.

7(iv) The Pennsylvania State Police.

8(v) District attorneys offices.

9(vi) Victims' service providers.

10(vii) Medical and mental health professionals.

11(c) Term.--Members shall serve for a four-year term, and may
12be appointed for no more than one additional consecutive term.

13(d) Conditions of appointment.--The committee and its
14members shall be subject to the same limitations and conditions
15imposed upon the commission under section 2(d),(e),(h),(i),(m)
16and (n) of the act of November 22, 1978 (P.L.1166, No.274),
17referred to as the Pennsylvania Commission on Crime and
18Delinquency Law.

19(e) Quorum.--A majority of the members shall constitute a
20quorum and a vote of the majority of the members present shall
21be sufficient for all actions.

22(f) Chairman.--The Governor shall appoint a chairman from
23among the members of the committee who shall serve at the
24pleasure of the Governor. A vice chairman shall be designated by
25the chairman and preside at meetings in the absence of the
26chairman. The committee shall meet at the call of the chairman,
27but not less than four times a year.

28(g) Powers and duties.--The Child Advocacy Advisory
29Committee shall have the power, and its duty shall be to:

30(1) Perform those functions related to the direct

1approval and disbursement of grants to child advocacy centers
2and multidisciplinary investigative teams under sections
32303-B and 2304-B in an advisory capacity only. The advisory
4committee shall have the opportunity to review and comment on
5grant applications.

6(2) Advise the commission on the definition, development
7and correlation of programs and projects and the
8establishment of priorities for child advocacy centers and
9multidisciplinary investigative teams.

10(3) Upon request, provide assistance and advice to the
11commission on any other matters relating to child advocacy
12centers and multidisciplinary investigative teams.

13(h) Staff support.--Staff support shall be made available to
14the committee by the executive director of the commission to
15adequately perform the duties provided for under this section.

16Section 3. This act shall take effect <-in 90 days July 1, 
172014.