1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child protective services, further
3providing for disposition of founded and indicated reports,
4for amendment or expunction of information and for
5investigation of reports.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Section 6338(a) of Title 23 of the Pennsylvania
9Consolidated Statutes is amended to read:

10§ 6338. Disposition of founded and indicated reports.

11(a) General rule.--When a report of suspected child abuse or
12a report under Subchapter C.1 (relating to students in public
13and private schools) is determined by the appropriate county
14agency to be a founded report or an indicated report, the
15information concerning that report of suspected child abuse
16shall be expunged immediately from the pending complaint file,
17and an appropriate entry shall be made in the Statewide central
18register. [Notice of the determination must be given to the

1subjects of the report, other than the abused child, and to the
2parent or guardian of the affected child or student along with
3an explanation of the implications of the determination. Notice
4given to perpetrators of child abuse and to school employees who
5are subjects of indicated reports for school employees or
6founded reports for school employees shall include notice that
7their ability to obtain employment in a child-care facility or
8program or a public or private school may be adversely affected
9by entry of the report in the Statewide central register. The
10notice shall also inform the recipient of his right, within 45
11days after being notified of the status of the report, to appeal
12an indicated report, and his right to a hearing if the request
13is denied.] Notice of the determination that a report is a 
14founded or indicated report shall be made as provided in section 
156368(c.2) (relating to investigation of reports).

16* * *

17Section 2. Section 6341(c) of Title 23 is amended and the
18section is amended by adding subsections to read:

19§ 6341. Amendment or expunction of information.

20* * *

21(b.1) Hearing.--The appeal hearing authorized under
22subsection (b) shall be scheduled according to the following
23procedures:

24(1) Within ten days of receipt of an appeal pursuant to
25this section, the department shall schedule a hearing on the
26merits of the appeal.

27(2) The department shall make reasonable efforts to
28coordinate the hearing date with both the appellee and
29appellant.

30(3) Proceedings before the Bureau of Hearings and

1Appeals shall commence within 45 days of the date the
2scheduling order is entered. Proceedings and hearings shall
3be scheduled to be heard on consecutive days whenever
4possible but, if not on consecutive days, then the proceeding
5or hearing shall be concluded not later than 30 days from
6commencement.

7(4) The investigative agency shall bear the burden of
8proving by substantial evidence that the report should remain
9categorized as an indicated report.

10(5) Evidence that a child has suffered child abuse of
11such a nature as would ordinarily not be sustained or exist
12except by reason of the act or failure to act of the alleged
13perpetrator shall be prima facie evidence of child abuse by
14either or both of the parents or any other person responsible
15for the child's welfare. Once the investigative agency has
16established that prima facie evidence of child abuse exists,
17the burden shall shift to the appellee to establish that the
18appellee was not the individual responsible for the welfare
19of the child or that the child was not the victim of child
20abuse by a perpetrator.

21(b.2) Testimony by closed-circuit television.--At the
22request of the investigative agency, the administrative law
23judge or hearing officer shall order that the testimony of the
24child victim or child material witness be taken under oath or
25affirmation in a room other than the hearing room and televised
26by closed-circuit equipment to be viewed by the tribunal. Only
27the attorneys for the appellant and appellee, the court
28reporter, the administrative law judge or hearing officer,
29persons necessary to operate the equipment and any person whose
30presence would contribute to the welfare and well-being of the

1child may be present in the room with the child during his
2testimony. The administrative law judge or hearing officer shall
3permit the appellee to observe and hear the testimony of the
4child but shall ensure that the child cannot hear or see the
5appellee. The administrative law judge or hearing officer shall
6make certain that the appellee has adequate opportunity to
7communicate with counsel for the purposes of providing an
8effective examination.

9(b.3) Admissibility of certain statements.--An out-of-court
10statement not otherwise admissible by statute or rule of
11evidence is admissible in evidence in a proceeding under this
12section if the following apply:

13(1) The statement was made by a child under the age of
14ten years or by a child ten years of age or older who is
15intellectually disabled.

16(2) The statement alleges, explains, denies or describes
17any of the following:

18(i) An act of sexual penetration or contact
19performed with or on the child.

20(ii) An act of sexual penetration or contact with or
21on another child observed by the child making the
22statement.

23(iii) An act involving bodily injury or serious
24physical neglect of the child by another.

25(iv) An act involving bodily injury or serious
26physical neglect of another child observed by the child
27making the statement.

28(3) The administrative law judge or hearing officer
29finds that the time, content and circumstances of the
30statement and the reliability of the person to whom the

1statement is made provide sufficient indicia of reliability.

2(4) The proponent of the statement notifies other
3parties of an intent to offer the statement and the
4particulars of the statement sufficiently in advance of the
5proceeding at which the proponent intends to offer the
6statement into evidence, to provide the parties with a fair
7opportunity to meet the statement.

8For purposes of this subsection, an out-of-court statement
9includes a video, audio or other recorded statement.

10(b.4) Prompt decision.--The administrative law judge or
11hearing officer's decision shall be entered, filed and served
12upon the parties within 15 days of the date upon which the
13proceeding or hearing is concluded unless, within that time, the
14tribunal extends the date for the decision by order entered of
15record showing good cause for the extension. In no event shall
16an extension delay the entry of the decision more than 30 days
17after the conclusion of the proceeding or hearing.

18(c) [Review of refusal of request.--If the secretary refuses
19the request under subsection (a)(2) or does not act within a
20reasonable time, but in no event later than 30 days after
21receipt of the request, the perpetrator or school employee shall
22have the right to a hearing before the secretary or a designated
23agent of the secretary to determine whether the summary of the
24indicated report in the Statewide central register should be
25amended or expunged on the grounds that it is inaccurate or that
26it is being maintained in a manner inconsistent with this
27chapter. The perpetrator or school employee shall have 45 days
28from the date of the letter giving notice of the decision to
29deny the request in which to request a hearing. The appropriate
30county agency and appropriate law enforcement officials shall be

1given notice of the hearing. The burden of proof in the hearing
2shall be on the appropriate county agency. The department shall
3assist the county agency as necessary.] Reconsideration and 
4appeal.--Parties to a proceeding or hearing held under this 
5section have 15 calendar days from the mailing date of the final 
6order of the Bureau of Hearings and Appeals to request the 
7secretary to reconsider the decision or appeal to Commonwealth 
8Court. Parties to a proceeding or hearing held under this 
9section have 30 calendar days from the mailing date of the final 
10order of the Bureau of Hearings and Appeals to perfect an appeal 
11to the Commonwealth Court. The filing for reconsideration shall 
12not toll the 30 days provided.

13(c.1) Notice of decision.--Notice of the decision shall be
14made to the central register, the appropriate county agency, any
15appropriate law enforcement officials and all subjects of the
16report.

17* * *

18Section 3. Section 6368 of Title 23 is amended by adding
19subsections to read:

20§ 6368. Investigation of reports.

21* * *

22(c.1) Review of indicated reports.--A final determination
23that a report of suspected child abuse is indicated shall be
24made by the county agency solicitor and the county administrator
25or the designee of the administrator.

26(c.2) Notice of final determination.--Within 24 business
27hours of the conclusion of the child abuse investigation, the
28investigator shall send notice of the final determination to the
29subjects of the report and the mandated reporter if a report was
30made under section 6313 (relating to reporting procedure). The

1notice shall include the following information:

2(1) The status of the report.

3(2) The perpetrator's right to request the secretary to
4amend the report.

5(3) The right of the subjects of the report to services
6from the county agency.

7(4) The effect of the report upon future employment
8opportunities involving children.

9(5) The fact that the name of the perpetrator, the
10nature of the abuse and the final status of the report will
11be entered in the Statewide central register.

12(6) The perpetrator's right to file an appeal of an
13indicated finding of abuse pursuant to section 6341 (relating
14to amendment or expunction of information) within 45 days of
15the conclusion of the investigation that determined the
16report to be indicated.

17(7) The perpetrator's right to a fair hearing on the
18merits on an appeal of an indicated report filed pursuant to
19section 6341.

20(8) The burden on the investigative agency to prove its
21case by substantial evidence in an appeal of an indicated
22report.

23(c.3) Reasonable efforts to provide notice.--If the
24investigative agency is unable to provide notice as required in
25subsection (c.2), it shall notify the department in writing of
26the efforts made. If the department concludes that due diligence
27was made to provide notice, no further efforts to provide notice
28shall be required.

29* * *

30Section 4. This act shall take effect in 60 days.