AN ACT

 

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, for investigation 
5of reports; and for evidence in court proceedings.

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,

1and an appropriate entry shall be made in the Statewide central
2register. [Notice of the determination must be given to the
3subjects of the report, other than the abused child, and to the
4parent or guardian of the affected child or student along with
5an explanation of the implications of the determination. Notice
6given to perpetrators of child abuse and to school employees who
7are subjects of indicated reports for school employees or
8founded reports for school employees shall include notice that
9their ability to obtain employment in a child-care facility or
10program or a public or private school may be adversely affected
11by entry of the report in the Statewide central register. The
12notice shall also inform the recipient of his right, within 45
13days after being notified of the status of the report, to appeal
14an indicated report, and his right to a hearing if the request
15is denied.] Notice of the determination that a report is a 
16founded <-or indicated, indicated or unfounded report shall be 
17made as provided in section 6368(c.2) (relating to investigation 
18of reports).

19* * *

<-20Section 2. Sections 6341(a) and (c) and 6368(a) of Title 23 
21are amended and the sections are amended by adding subsections
22to read:

<-23Section 2. Section 6341(a), (b) and (c) of Title 23 are
24amended and the section is amended by adding a subsection to
25read:

26§ 6341. Amendment or expunction of information.

<-27(a) General rule.--At any time:

28(1) The secretary may amend or expunge any record under
29this chapter upon good cause shown and notice to the
30appropriate subjects of the report.

1(2) Any person named as a perpetrator, and any school
2employee named, in an indicated report of child abuse may,
3within [45] 90 days of being notified of the status of the
4report, [request] appeal to the secretary to amend or expunge
5an indicated report on the grounds that it is inaccurate or
6it is being maintained in a manner inconsistent with this
7chapter.

8(3) A person named as a perpetrator in a founded report
9of child abuse may petition a court for the amendment or
10expunction of the founded report in the Statewide central
11register based on newly discovered evidence that the report
12of child abuse is inaccurate or is being maintained in a
13manner inconsistent with this chapter. The following shall
14apply:

15(i) For founded reports that are not based on a
16criminal conviction, the petition shall be filed with the
17court that determined the report to be a founded report.
18If the court determines that the report of child abuse is
19inaccurate or is being maintained in a manner
20inconsistent with this chapter, the court shall order the
21department to amend or expunge the record in the
22Statewide central register. The department shall comply
23with the court's order within 15 days of the date of the
24order.

25(ii) This paragraph does not apply to founded
26reports that are based on a criminal conviction.

27* * *

28(b.1) Good cause.--

29(1) For the amendment or expunction of a report of child
30abuse in the Statewide central register pursuant to

1subsection (a)(1), good cause shall constitute any of the
2following:

3(i) Newly discovered clear and convincing evidence
4that an indicated report of child abuse is inaccurate or
5is being maintained in a manner inconsistent with this
6chapter.

7(ii) A determination that the perpetrator in an
8indicated report of abuse no longer represents a
9significant risk to children and that no significant
10public purpose would be served by the continued listing
11of the person as a perpetrator in the Statewide central
12register, if all of the following apply:

13(A) The person did not cause serious bodily
14injury to or sexual abuse or exploitation of a child.

15(B) At least five years have passed since the
16entry of the person's name into the Statewide central
17register.

18(C) The person is not identified as the
19perpetrator in any other founded or indicated report
20of child abuse.

21(D) The person would not be prohibited from
22employment involving children under this chapter.

23(2) A person listed as the perpetrator in an indicated
24report of child abuse may make a written request that the
25secretary amend or expunge a report of child abuse in the
26Statewide central register for good cause, as provided in
27this subsection. The request shall be in a form acceptable to
28the department.

29(3) Within 90 days of the receipt of a request under
30paragraph (2), the secretary shall determine whether good

1cause exists to amend or expunge the record in the Statewide
2central register. The secretary may consider any relevant
3factor when determining whether good cause exists to amend or
4expunge the record. If the secretary determines that good
5cause exists, the department shall amend or expunge the
6record within 15 days of the secretary's determination. The
7department shall notify the person in writing within ten days
8of the secretary's determination. The notice shall include
9all of the following information:

10(i) Whether or not the record in the Statewide
11central register will be amended or expunged pursuant to
12the person's request.

13(ii) The date of the determination.

14(iii) The reasons for the determination.

15(iv) The person's right to appeal the determination
16to a court within 30 days, as provided by paragraph (4).

17(4) If the secretary determines that good cause does not
18exist to amend or expunge a record pursuant to a request
19under paragraph (2), the person making the request may appeal
20the determination to the court of common pleas in the county
21where the child abuse occurred within 30 days of the date of
22notice. The department shall be given notice of an appeal
23under this paragraph, and may participate in any court
24proceeding related to the appeal. If the court determines
25that good cause exists to amend or expunge the record, the
26court shall order the department to amend or expunge the
27record in the Statewide central register. The department
28shall comply with the court's order within 15 days of the
29date of the order.

30(b.2) Hearing.--A person making an appeal under subsection

1(a)(2) shall have the right to a timely hearing to determine the
2merits of the appeal. A hearing on the appeal of a person named
3as a perpetrator authorized under subsection (a)(2) shall be
4scheduled according to the following procedures:

5(1) Within 30 days of receipt of an appeal pursuant to
6this section, the department shall schedule a hearing on the
7merits of the appeal.

8(2) The department shall make reasonable efforts to
9coordinate the hearing date with both the appellee and
10appellant.

11(3) After reasonable efforts required by paragraph (2)
12have been made, the department shall enter a scheduling
13order, and proceedings before the Bureau of Hearings and
14Appeals shall commence within 45 days of the date the
15scheduling order is entered, unless good cause for extending
16this deadline can be shown. In no circumstance may
17proceedings commence more than 90 days after a scheduling
18order is entered. Proceedings and hearings shall be scheduled
19to be heard on consecutive days whenever possible but, if not
20on consecutive days, then the proceeding or hearing shall be
21concluded not later than 30 days from commencement.

22(4) The investigative agency shall bear the burden of
23proving by clear and convincing evidence that the report
24should remain categorized as an indicated report.

25(b.3) Prompt decision.--The administrative law judge or
26hearing officer's decision in a hearing under subsection (b.2)
27shall be entered, filed and served upon the parties within 45
28days of the date upon which the proceeding or hearing is
29concluded unless, within that time, the tribunal extends the
30date for the decision by order entered of record showing good

1cause for the extension. In no event shall an extension delay
2the entry of the decision more than 60 days after the
3conclusion of the proceeding or hearing.

4(c) [Review of refusal of request.--If the secretary refuses
5the request under subsection (a)(2) or does not act within a
6reasonable time, but in no event later than 30 days after
7receipt of the request, the perpetrator or school employee shall
8have the right to a hearing before the secretary or a designated
9agent of the secretary to determine whether the summary of the
10indicated report in the Statewide central register should be
11amended or expunged on the grounds that it is inaccurate or that
12it is being maintained in a manner inconsistent with this
13chapter. The perpetrator or school employee shall have 45 days
14from the date of the letter giving notice of the decision to
15deny the request in which to request a hearing. The appropriate
16county agency and appropriate law enforcement officials shall be
17given notice of the hearing. The burden of proof in the hearing
18shall be on the appropriate county agency. The department shall
19assist the county agency as necessary.] Reconsideration and
20appeal.--Parties to a proceeding or hearing held under
21subsection (b.2) have 15 calendar days from the mailing date of
22the final order of the Bureau of Hearings and Appeals to request
23the secretary to reconsider the decision or appeal to
24Commonwealth Court. Parties to a proceeding or hearing held
25under this section have 30 calendar days from the mailing date
26of the final order of the Bureau of Hearings and Appeals to
27perfect an appeal to the Commonwealth Court. The filing for
28reconsideration shall not toll the 30 days provided.

29(c.1) Notice of decision.--Notice of the decision shall be
30made to the central register, the appropriate county agency, any

1appropriate law enforcement officials and all subjects of the
2report.

<-3(a) General rule.--[At any time] Notwithstanding section 
46338.1 (relating to expunction of information of perpetrator who 
5was under 18 years of age when child abuse was committed):

6(1) [The] At any time, the secretary may amend or
7expunge any record in the Statewide database under this
8chapter upon good cause shown and notice to the appropriate
9subjects of the report. The request shall be in writing in a 
10manner prescribed by the department. For purposes of this 
11paragraph, good cause shall include, but is not limited to, 
12the following:

13(i) Newly discovered evidence that an indicated
14report of child abuse is inaccurate or is being
15maintained in a manner inconsistent with this chapter.

16(ii) A determination that the perpetrator in an
17indicated report of abuse no longer represents a risk of
18child abuse and that no significant public purpose would
19be served by the continued listing of the person as a
20perpetrator in the Statewide database.

21(2) Any person named as a perpetrator, and any school
22employee named, in an indicated report of child abuse may,
23within [45] 90 days of being notified of the status of the
24report, request an administrative review by, or appeal and
25request a hearing before, the secretary to amend or expunge
26an indicated report on the grounds that it is inaccurate or
27it is being maintained in a manner inconsistent with this
28chapter. The request shall be in writing in a manner 
29prescribed by the department.

30(3) Within 60 days of a request under paragraph (1) or a

1request for administrative review under paragraph (2), the
2department shall send notice of the secretary's decision.

3(b) Review of grant of request.--If the secretary grants the
4request under subsection (a)(2), the Statewide [central
5register] database, appropriate county agency, appropriate law
6enforcement officials and all subjects shall be so advised of
7the decision. The county agency and any subject have [45] 90
8days in which to file an administrative appeal with the
9secretary. If an administrative appeal is received, the 
10secretary or his designated agent shall schedule a hearing 
11pursuant to Article IV of the act of June 13, 1967 (P.L.31, 
12No.21), known as the Public Welfare Code, [and] attending 
13departmental regulations and subsection (c.2). If no 
14administrative appeal is received within the designated time 
15period, the Statewide [central register] database shall comply 
16with the decision of the secretary and advise the county agency
17to amend or expunge the information in their records so that the
18records are consistent at both the State and local levels.

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

1subsection (c.1), if the secretary refuses a request under 
2subsection (a)(1) or a request for administrative review under 
3subsection (a)(2), or does not act within the prescribed time, 
4the perpetrator or school employee shall have the right to 
5appeal and request a hearing before the secretary, under 
6subsection (c.2), to amend or expunge an indicated report on the 
7grounds that it is inaccurate or it is being maintained in a 
8manner inconsistent with this chapter. The request for hearing 
9must be made within 90 days of notice of the results of the 
10investigation. The appropriate county agency and appropriate law
11enforcement officials shall be given notice of the hearing. The
12burden of proof in the hearing shall be on the appropriate
13county agency. The department shall assist the county agency as
14necessary.

15(c.1) Founded reports.--A person named as a perpetrator in a
16founded report of child abuse must provide to the department a
17court order indicating that the underlying adjudication that
18formed the basis of the founded report has been reversed or
19vacated.

20* * *

<-21§ 6368. Investigation of reports.

22(a) General rule.--Upon receipt of each report of suspected
23child abuse, the county agency shall immediately commence an
24appropriate investigation and see the child immediately if
25emergency protective custody is required or has been or shall be
26taken or if it cannot be determined from the report whether
27emergency protective custody is needed. Otherwise, the county
28agency shall commence an appropriate investigation and see the
29child within 24 hours of receipt of the report. The
30investigation shall include a determination of the risk of harm

1to the child or children if they continue to remain in the
2existing home environment, as well as a determination of the
3nature, extent and cause of any condition enumerated in the
4report, any action necessary to provide for the safety of the
5child or children and the taking of photographic identification
6of the child or children to be maintained with the file. During
7the investigation, the county agency shall provide or arrange
8for services necessary to protect the child while the agency is
9making a determination pursuant to this section. If the
10investigation indicates serious physical injury, a medical
11examination shall be performed on the subject child by a
12certified medical practitioner. Where there is reasonable cause
13to suspect there is a history of prior or current abuse, the
14medical practitioner has the authority to arrange for further
15medical tests or the county agency has the authority to request
16further medical tests. The investigation shall include
17communication with the department's service under section 6332
18(relating to establishment of Statewide toll-free telephone
19number). The investigation shall include interviews with all
20subjects of the report, including the alleged perpetrator. If a
21subject of the report is not able to be interviewed or cannot be
22located, the county agency shall document its reasonable efforts
23to interview the subject and the reasons for its inability to
24interview the subject. Prior to interviewing a subject of the
25report, the county agency shall orally notify the subject who is
26about to be interviewed of the existence of the report, the
27subject's rights under 42 Pa.C.S. §§ 6337 (relating to right to
28counsel) and 6338 (relating to other basic rights) and the
29subject's rights pursuant to this chapter in regard to amendment
30or expungement. Within 72 hours following oral notification to

1the subject, the county agency shall give written notice to the
2subject. The notice and interview may be reasonably delayed if
3notification is likely to threaten the safety of the victim, a
4nonperpetrator subject or the investigating county agency
5worker, to cause the perpetrator to abscond or to significantly
6interfere with the conduct of a criminal investigation. However,
7the written notice must be provided to all subjects prior to the
8county agency's reaching a finding on the validity of the
9report.

10* * *

11(c.1) Review of indicated reports.--A final determination
12that a report of suspected child abuse is indicated shall be
13made by the county agency solicitor and the county administrator
14or the designee of the administrator.

15(c.2) Notice of final determination.--Immediately upon 
16conclusion of the child abuse investigation, the county agency 
17shall provide notice of its determination to the department, in 
18a form acceptable to the department. Within 24 business hours of
19receipt of notice from the county agency, the department shall
20send notice of the final determination to the subjects of the
21report and the mandated reporter if a report was made under
22section 6313 (relating to reporting procedure). The notice shall
23include the following information:

<-24Section 3. Section 6368 of Title 23 is amended by adding
25subsections to read:

26§ 6368. Investigation of reports.

27* * *

28(j.1) Review of indicated reports.--A final determination
29that a report of suspected child abuse is indicated shall be
30approved by:

1(1) the county administrator or a designee and a county
2agency solicitor, when the county agency is investigating; or

3(2) the secretary or a designee and legal counsel for
4the department, when the department is investigating.

5(j.2) Final determination.--Immediately upon conclusion of
6the child abuse investigation, the county agency shall provide
7the results of its investigation to the department, in a manner
8prescribed by the department. Within three business days of
9receipt of the results of the investigation from the county
10agency, the department shall send notice of the final
11determination to the subjects of the report, other than the
12abused child. The determination shall include the following
13information:

14(1) The status of the report.

15(2) The perpetrator's right to request the secretary to
16amend or expunge the report.

17(3) The right of the subjects of the report to services
18from the county agency.

19(4) The effect of the report upon future employment
20opportunities involving children.

21(5) The fact that the name of the perpetrator, the
22nature of the abuse and the final status of a founded or
23indicated report will be entered in the Statewide <-central
24register <-database, if the perpetrator's Social Security
25number or date of birth are known.

26(6) The perpetrator's right to file an appeal of an
27indicated finding of abuse pursuant to section 6341 (relating
28to amendment or expunction of information) within 90 days of
29the date of notice.

30(7) The perpetrator's right to a fair hearing on the

1merits on an appeal of an indicated report filed pursuant to
2section 6341.

3(8) The burden on the investigative agency to prove its
4case by <-clear and convincing substantial evidence in an
5appeal of an indicated report.

<-6(c.3) Reasonable efforts to provide notice.--If the 
7department has mailed the notice required by subsection (c.2), 
8but the notice is returned as undeliverable, the department 
9shall make reasonable efforts to provide notice and document the 
10reasons for its inability to provide notice. If the department 
11is unable to provide notice with respect to an indicated report, 
12the entry in the Statewide central register shall include 
13information that the department was unable to provide notice.
14No further efforts to provide notice shall be required, except 
15that the department shall resume reasonable efforts to provide 
16notice if new information is received regarding the whereabouts 
17of an individual who is entitled to receive notice under 
18subsection (c.2).

<-19(j.3) Notice.--Notice under subsection (j.2) shall
20constitute mailing of the final determination to the recipient's
21last known address. The determination is presumed received when
22not returned by the postal authorities as undeliverable. If the
23determination is returned as undeliverable, the entry in the
24Statewide database shall include information that the department
25was unable to provide notice. No further efforts to provide
26notice shall be required, except that the department shall
27resume reasonable efforts to provide notice if new information
28is received regarding the whereabouts of an individual who is
29entitled to receive notice under subsection (j.2).

30(j.4) Notice to mandated reporter.--If a report was made by

1a mandated reporter under section 6313 (relating to reporting
2procedure), the department shall notify the mandated reporter
3who made the report of suspected child abuse of all of the
4following within three business days of the department's receipt
5of the results of the investigation:

6(1) Whether the child abuse report is founded, indicated
7or unfounded.

8(2) Any services provided, arranged for or to be
9provided by the county agency to protect the child.

10* * *

11Section <-3 4. Section 6381 of Title 23 is amended by adding a
12subsection to read:

13§ 6381. Evidence in court proceedings.

14* * *

15(e) Child victims and witnesses.--In addition to the
16provisions of this section, any consideration afforded to a
17child victim or witness pursuant to 42 Pa.C.S. Ch. 59, Subch. D
18(relating to child victims and witnesses) in any prosecution or
19adjudication shall be afforded to a child in child abuse
20proceedings in court or in any department administrative hearing
21pursuant to section 6341 (relating to amendment or expunction of
22information).

23Section 4 5. This act shall take effect <-in 120 days <-December 
2431, 2014.