AN ACT

 

1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child protective services, further
3providing for definitions, for establishment of <-pending 
4complaint file, Statewide central register and file of 
5unfounded reports, for continuous availability of department, 
6for disposition of complaints received, for information in 
7pending complaint and unfounded report files, for information 
8in Statewide central register, for disposition of unfounded 
9reports, for disposition of founded and indicated reports, 
10for release of information in confidential reports, for 
11amendment or expunction of information, for information 
12relating to prospective child-care personnel, for information 
13relating to family day-care home residents, for information 
14relating to other persons having contact with children, for 
15cooperation of other agencies and for reports to Governor and 
16General Assembly; and repealing provisions relating to 
17students in public and private schools and for background 
18checks for employment in schools. <-Statewide database, for 
19disposition of founded and indicated reports, for expunction 
20of information of perpetrator under the age of 18, for 
21amendment or expunction of information, for information 
22relating to prospective child-care personnel, for information 
23relating to family day-care home residents, for information 
24relating to other persons having contact with children, for 
25cooperation of other agencies and for reports to Governor and 
26General Assembly; repealing provisions relating to students 
27in public and private schools and for background checks for 
28employment in schools; and making a related repeal.

1The General Assembly of the Commonwealth of Pennsylvania
2hereby enacts as follows:

<-3Section 1. The definitions of "child-care services,"
4"founded report for school employee," "indicated report for
5school employee," "person responsible for the child's welfare,"
6"school employee," "student" and "subject of the report" in
7section 6303(a) of Title 23 of the Pennsylvania Consolidated
8Statutes are amended and the subsection is amended by adding
9definitions to read:

<-10Section 1. The definitions of "founded report for school
11employee," "school employee," "serious physical neglect" and
12"subject of the report" in section 6303(a) of Title 23 of the
13Pennsylvania Consolidated Statutes, amended or added December
1418, 2013 (P.L.1170, No.108), are amended and the subsection is
15amended by adding a definition to read:

16§ 6303. Definitions.

17(a) General rule.--The following words and phrases when used
18in this chapter shall have the meanings given to them in this
19section unless the context clearly indicates otherwise:

20* * *

<-21"Child-care services." [Child day-care centers, group and
22family day-care homes, foster homes, adoptive parents, boarding
23homes for children, juvenile detention center services or
24programs for delinquent or dependent children; mental health,
25mental retardation, early intervention and drug and alcohol
26services for children; and other child-care services which are
27provided by or subject to approval, licensure, registration or
28certification by the Department of Public Welfare or a county
29social services agency or which are provided pursuant to a
30contract with these departments or a county social services

1agency. The term does not include such services or programs
2which may be offered by public and private schools, intermediate
3units or area vocational-technical schools.] Include any of the
4following:

5(1) Child day-care centers.

6(2) Group day-care homes.

7(3) Family day-care homes.

8(4) Foster homes.

9(5) Adoptive parents.

10(6) Boarding homes for children.

11(7) Juvenile detention center services or programs for
12delinquent or dependent children.

13(8) Mental health services for children.

14(9) Services for children with intellectual
15disabilities.

16(10) Early intervention services for children.

17(11) Drug and alcohol services for children.

18(12) Day-care services or programs that are offered by a
19school.

20(13) Other comparable services that are provided by or
21subject to approval, licensure, registration or certification
22by the Department of Public Welfare or a county social
23services agency or that are provided pursuant to a contract
24with the Department of Public Welfare or a county social
25services agency.

26* * *

27"Direct contact with children." The possibility of care,
28supervision, guidance or control of children or routine
29interaction with children.

30* * *

1["Founded report for school employee." A report under
2Subchapter C.1 (relating to students in public and private
3schools) if there has been any judicial adjudication based on a
4finding that the victim has suffered serious bodily injury or
5sexual abuse or exploitation, including the entry of a plea of
6guilty or nolo contendere or a finding of guilt to a criminal
7charge involving the same factual circumstances involved in the
8allegations of the report.]

9* * *

<-10"Independent contractor." An individual who provides a
11program, activity or service to an agency, institution,
12organization or other entity, including a school or regularly
13established religious organization, that is directly responsible
14for the care, supervision, guidance or control of children. The
15term excludes an individual who, in his capacity as an
16independent contractor, has no direct contact with children.

17* * *

18["Indicated report for school employee." A report made under
19Subchapter C.1 (relating to students in public and private
20schools) if an investigation by the county agency determines
21that substantial evidence of serious bodily injury or sexual
22abuse or exploitation exists based on any of the following:

23(1) Available medical evidence.

24(2) The county agency's investigation.

25(3) An admission of the acts of abuse by the school
26employee.]

27* * *

28"Person responsible for the child's welfare." A person who
29provides permanent or temporary care, supervision, mental health
30diagnosis or treatment, training or control of a child in lieu

1of parental care, supervision and control. [The term does not
2include a person who is employed by or provides services or
3programs in any public or private school, intermediate unit or
4area vocational-technical school.]

5* * *

6"Program, activity or service." A public or private
7educational, athletic or other pursuit in which children
8participate. The term includes, but is not limited to, the
9following:

10(1) A youth camp or program.

11(2) A recreational camp or program.

12(3) A sports or athletic program.

13(4) An outreach program.

14(5) An enrichment program.

15(6) A troop, club or similar organization.

16* * *

17"School." A facility providing elementary, secondary or
18post-secondary educational services. The term includes every
19public, nonpublic, private and parochial school, including each
20of the following:

21(1) A school or a class within a school under the
22supervision of the Department of Education of the
23Commonwealth.

24(2) A State-related and State-owned college or
25university.

26(3) A public or private college or university.

27(4) A community college.

28(5) A vocational-technical school.

29(6) An intermediate unit.

30(7) A charter, cyber charter or regional charter school.

1(8) A private school licensed under the act of January
228, 1988 (P.L.24, No.11), known as the Private Academic
3Schools Act.

4(9) A nonprofit school located in this Commonwealth,
5other than a public school, wherein a resident of this
6Commonwealth may legally fulfill the compulsory school
7attendance requirements of the act of March 10, 1949 (P.L.30,
8No.14), known as the Public School Code of 1949, and which
9meets the requirements of Title VI of the Civil Rights Act of
101964 (Public Law 88-352, 78 Stat. 241).

<-11"School."  A facility providing elementary, secondary or
12postsecondary educational services. The term includes the
13following:

14(1)  Any school of a school district.

15(2)  An area vocational-technical school.

16(3)  A joint school.

17(4)  An intermediate unit.

18(5)  A charter school or regional charter school.

19(6)  A cyber charter school.

20(7)  A private school licensed under the act of January
2128, 1988 (P.L.24, No.11), known as the Private Academic
22Schools Act.

23(8)  A private school accredited by an accrediting
24association approved by the State Board of Education.

25(9)  A nonpublic school.

26(10)  A community college which is an institution now or
27hereafter created pursuant to Article XIX-A of the act of
28March 10, 1949 (P.L.30, No.14), known as the Public School
29Code of 1949, or the former act of August 24, 1963 (P.L.1132,
30No.484), known as the Community College Act of 1963.

1(11)  An independent institution of higher education
2which is an institution of higher education which is operated
3not-for-profit, located in and incorporated or chartered by
4the Commonwealth, entitled to confer degrees as set forth in
524 Pa.C.S. § 6505 (relating to power to confer degrees) and
6entitled to apply to itself the designation "college" or
7"university" as provided for by standards and qualifications
8prescribed by the State Board of Education pursuant to 24
9Pa.C.S. Ch. 65 (relating to private colleges, universities
10and seminaries).

11(12)  A State-owned university.

12(13)  A State-related university.

13(14)  A private school licensed under the act of December
1415, 1986 (P.L.1585, No.174), known as the Private Licensed
15Schools Act.

16(15)  Hiram G. Andrews Center.

17(16)  A private residential rehabilitative institution as
18defined in section 914.1-A(c) of the Public School Code of
191949.

20"School employee." An individual who is employed by a 
21[public or private school, intermediate unit or area vocational-
22technical school. The term includes an independent contractor 
23and employees] school or who provides a program, activity or 
24service sponsored by a school. The term excludes an individual 
25who has no direct contact with [students] children.

26* * *

<-27"Serious physical neglect." Any of the following when
28committed by a perpetrator that endangers a child's life or
29health, threatens a child's well-being, causes bodily injury or
30impairs a child's health, development or functioning:

1(1) A repeated, prolonged or [unconscionable] egregious
2failure to supervise a child in a manner that is appropriate
3considering the child's developmental age and abilities.

4(2) The failure to provide a child with adequate
5essentials of life, including food, shelter or medical care.

6* * *

<-7"Student." [An individual enrolled in a public or private
8school, intermediate unit or area vocational-technical school
9who is under 18 years of age.] A child who is enrolled in a
10school or participating in a program, activity or service
11sponsored by a school.

12"Subject of the report." Any child, parent, guardian or other
13person responsible for the welfare of a child or any alleged or
14actual perpetrator [or school employee named] in a report made
15to the Department of Public Welfare or a county agency under
16this chapter.

17* * *

<-18Section 2. Sections 6331, 6333, 6334(c), 6335(a), 6336(a)
19(11), 6337(c), 6338(a) and (c), 6340(a)(13), 6341(a)(2), (c) and
20(f), 6344(b)(2), (c)(1), (o) and (p) and 6344.1(b) of Title 23
21are amended to read:

22§ 6331. Establishment of pending complaint file, Statewide
23central register and file of unfounded reports.

24There shall be established in the department:

25(1) A pending complaint file of child abuse reports
26under investigation [and a file of reports under
27investigation pursuant to Subchapter C.1 (relating to
28students in public and private schools)].

29(2) A Statewide central register of child abuse which
30shall consist of founded and indicated reports.

1(3) A file of unfounded reports awaiting expunction.

2§ 6333. Continuous availability of department.

3The department shall be capable of receiving oral reports of
4child abuse made pursuant to this chapter[, reports under
5section 6353.2 (relating to responsibilities of county agency)]
6and report summaries of child abuse from county agencies and
7shall be capable of immediately identifying prior reports of
8child abuse [and prior reports of abuse or injury under
9Subchapter C.1 (relating to students in public and private
10schools)] in the Statewide central register and reports under
11investigation in the pending complaint file and of monitoring
12the provision of child protective services 24 hours a day, seven
13days a week.

14§ 6334. Disposition of complaints received.

15* * *

16(c) Recording in pending complaint file.--Upon receipt of a
17complaint of suspected child abuse, the department shall
18maintain a record of the complaint of suspected child abuse in
19the pending complaint file. [Upon receipt of a report under
20section 6353.2 (relating to responsibilities of county agency),
21the department shall maintain a record of the report in the
22report file under section 6331 (relating to establishment of
23pending complaint file, Statewide central register and file of
24unfounded reports).]

25* * *

26§ 6335. Information in pending complaint and unfounded report
27files.

28(a) Information authorized.--The information contained in
29the pending complaint file shall be limited to the information
30required in sections 6313(c) (relating to reporting procedure)

1[and 6353.2 (relating to responsibilities of county agency)].
2The information contained in the file for unfounded reports
3shall be limited to the information required by section 6336
4(relating to information in Statewide central register).

5* * *

6§ 6336. Information in Statewide central register.

7(a) Information authorized.--The Statewide central register
8shall include and shall be limited to the following information:

9* * *

10(11) Information obtained by the department in relation
11to a perpetrator's [or school employee's] request to release,
12amend or expunge information retained by the department or
13the county agency.

14* * *

15§ 6337. Disposition of unfounded reports.

16* * *

17(c) Expunction of information.--All information identifying
18the subjects of any report of suspected child abuse [and of any
19report under Subchapter C.1 (relating to students in public and
20private schools)] determined to be an unfounded report shall be
21expunged from the pending complaint file pursuant to this
22section. The expunction shall be mandated and guaranteed by the
23department.

24§ 6338. Disposition of founded and indicated reports.

25(a) General rule.--When a report of suspected child abuse
26[or a report under Subchapter C.1 (relating to students in
27public and private schools)] is determined by the appropriate
28county agency to be a founded report or an indicated report, the
29information concerning that report of suspected child abuse
30shall 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
7who are 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
11affected by entry of the report in the Statewide central
12register. The notice shall also inform the recipient of his
13right, within 45 days after being notified of the status of the
14report, to appeal an indicated report, and his right to a
15hearing if the request is denied.

16* * *

17(c) Retention of information.--A subfile shall be
18established in the Statewide central register to indefinitely
19retain the names of perpetrators of child abuse [and school
20employees who are subjects of founded or indicated reports] only
21if the individual's Social Security number or date of birth is
22known to the department. The subfile shall not include
23identifying information regarding other subjects of the report.

24§ 6340. Release of information in confidential reports.

25(a) General rule.--Reports specified in section 6339
26(relating to confidentiality of reports) shall only be made
27available to:

28* * *

29(13) [Persons required to make reports under Subchapter
30C.1 (relating to students in public and private schools).

1Information under this paragraph shall be] If the alleged
2perpetrator is a school employee, the school administrator
3shall receive information limited to the final status of the
4report following the investigation as to whether the report
5is indicated, founded or unfounded. Information disclosed
6pursuant to this paragraph shall be provided to the school
7administrator within ten days of the completion of the
8investigation.

9* * *

10§ 6341. Amendment or expunction of information.

11(a) General rule.--At any time:

12* * *

13(2) Any person named as a perpetrator[, and any school
14employee named,] in an indicated report of child abuse may,
15within 45 days of being notified of the status of the report,
16request the secretary to amend or expunge an indicated report
17on the grounds that it is inaccurate or it is being
18maintained in a manner inconsistent with this chapter.

19* * *

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

1notice of the decision to deny the request in which to request a
2hearing. The appropriate county agency and appropriate law
3enforcement officials shall be given notice of the hearing. The
4burden of proof in the hearing shall be on the appropriate
5county agency. The department shall assist the county agency as
6necessary.

7* * *

8(f) Notice of expunction.--Written notice of an expunction
9of any child abuse record made pursuant to the provisions of
10this chapter shall be served upon the subject of the record who
11was responsible for the abuse or injury and the appropriate
12county agency. Except as provided in this subsection, the county
13agency, upon receipt of the notice, shall take appropriate,
14similar action in regard to the local child abuse [and school
15employee] records and inform, for the same purpose, the
16appropriate coroner if that officer has received reports
17pursuant to section 6367 (relating to reports to department and
18coroner). Whenever the county agency investigation reveals,
19within 60 days of receipt of the report of suspected child
20abuse, that the report is unfounded but that the subjects need
21services provided or arranged by the county agency, the county
22agency shall retain those records and shall specifically
23identify that the report was an unfounded report of suspected
24child abuse. An unfounded report regarding subjects who receive
25services shall be expunged no later than 120 days following the
26expiration of one year after the termination or completion of
27services provided or arranged by the county agency.

28§ 6344. Information relating to prospective child-care
29personnel.

30* * *

1(b) Information submitted by prospective employees.--
2Administrators of child-care services shall require applicants
3to submit with their applications the following information
4obtained within the preceding one-year period:

5* * *

6(2) A certification from the department as to whether
7the applicant is named in the central register as the
8perpetrator of a founded report of child abuse[,] or an
9indicated report of child abuse[, founded report for school
10employee or indicated report for school employee].

11* * *

12(c) Grounds for denying employment.--

13(1) In no case shall an administrator hire an applicant
14where the department has verified that the applicant is named
15in the central register as the perpetrator of a founded
16report of child abuse committed within the five-year period
17immediately preceding verification pursuant to this section
18[or is named in the central register as the perpetrator of a
19founded report for a school employee committed within the
20five-year period immediately preceding verification pursuant
21to this section].

22* * *

23(o) Use of information.--A foster family care agency may not
24approve a prospective foster parent if the prospective foster
25parent or an individual 14 years of age or older who resides for
26at least 30 days in a calendar year with the prospective foster
27parent meets either of the following:

28(1) Is named in the central register as the perpetrator
29of a founded report of child abuse committed within the five-
30year period immediately preceding verification pursuant to

1this section [or is named in the central register as the
2perpetrator of a founded report for a school employee
3committed within the five-year period immediately preceding
4verification pursuant to this section].

5(2) Has been found guilty of an offense listed in
6subsection (c)(2).

7(p) Use of information.--A prospective adoptive parent may
8not be approved if the prospective adoptive parent or an
9individual [14] 18 years of age or older who resides for at
10least 30 days in a calendar year with the prospective adoptive
11parent meets either of the following:

12(1) Is named in the central register as the perpetrator
13of a founded report of child abuse committed within the five-
14year period immediately preceding verification pursuant to
15this section [or is named in the central register as the
16perpetrator of a founded report for a school employee
17committed within the five-year period immediately preceding
18verification pursuant to this section].

19(2) Has been found guilty of an offense listed in
20subsection (c)(2).

21§ 6344.1. Information relating to family day-care home
22residents.

23* * *

24(b) Required information.--Child abuse record information
25required under subsection (a) shall include certification by the
26department as to whether the applicant is named in the central
27register as the perpetrator of a founded report[,] or an
28indicated report[, founded report for school employee or
29indicated report for school employee].

<-30Section 2. Section 6331(4) of Title 23, amended December 18,

12013 (P.L.1201, No.119), is amended to read:

2§ 6331. Establishment of Statewide database.

3There shall be established in the department a Statewide 
4database of protective services, which shall include the 
5following, as provided by section 6336 (relating to information 
6in Statewide central register):

7* * *

8(4) False reports of child abuse pursuant to a
9conviction under 18 Pa.C.S. § 4906.1 (relating to false
10reports of child abuse) [and invalid general protective
11services reports that a county agency or the department have
12determined to be false,] for the purpose of identifying and
13tracking patterns of intentionally false reports.

14Section 3. Section 6338(a) of Title 23, amended December 18,
152013 (P.L.1170, No.108), is amended to read:

16§ 6338. Disposition of founded and indicated reports.

17(a) General rule.--When a report of suspected child abuse
18[or a report under Subchapter C.1 (relating to students in
19public and private schools)] is determined by the appropriate
20county agency to be a founded report or an indicated report, the
21[information concerning that report of suspected child abuse
22shall be expunged immediately from the pending complaint file,
23and an appropriate entry shall be made in the Statewide central
24register] status of the report shall be changed from pending to 
25founded or indicated in the Statewide database. Notice of the 
26determination that a report is a founded, indicated or unfounded 
27report shall be made as provided in section 6368(f) (relating to 
28investigation of reports).

29* * *

30Section 4. Section 6338.1(a)(1) of Title 23, added December

118, 2013 (P.L.1195, No.117), is amended to read:

2§ 6338.1. Expunction of information of perpetrator who was
3under 18 years of age when child abuse was committed.

4(a) General rule.--The name of a perpetrator who is the
5subject of an indicated report of child abuse and who was under
618 years of age when the individual committed child abuse shall
7be expunged from the Statewide database when the individual
8reaches 21 years of age or when five years have elapsed since
9the perpetrator's name was added to the database, whichever is
10later, if the individual meets all of the following:

11(1) The individual has not been named as a perpetrator
12in any subsequent indicated report of child abuse and is not
13[the subject of] named as an alleged perpetrator in a child
14abuse report pending investigation.

15* * *

16Section 5. Section 6341 of Title 23, amended or added
17December 18, 2013 (P.L.1170, No.108) and December 18, 2013
18(P.L.1201, No.119), is reenacted and amended to read:

19§ 6341. Amendment or expunction of information.

20(a) General rule.--Notwithstanding section 6338.1 (relating 
21to expunction of information of perpetrator who was under 18 
22years of age when child abuse was committed):

23(1) At any time, the secretary may amend or expunge any
24record in the Statewide database under this chapter upon good
25cause shown and notice to the appropriate subjects of the
26report. The request shall be in writing in a manner 
27prescribed by the department. For purposes of this paragraph, 
28good cause shall include, but is not limited to, the 
29following:

30(i) Newly discovered evidence that an indicated

1report of child abuse is inaccurate or is being
2maintained in a manner inconsistent with this chapter.

3(ii) A determination that the perpetrator in an
4indicated report of abuse no longer represents a risk of
5child abuse and that no significant public purpose would
6be served by the continued listing of the person as a
7perpetrator in the Statewide database.

8(2) Any person named as a perpetrator, and any school
9employee named, in an indicated report of child abuse may,
10within 90 days of being notified of the status of the report,
11request an administrative review by, or appeal and request a 
12hearing before, the secretary to amend or expunge an
13indicated report on the grounds that it is inaccurate or it
14is being maintained in a manner inconsistent with this
15chapter. The request shall be in writing in a manner 
16prescribed by the department.

17(3) Within 60 days of a request under paragraph (1) or a
18request for administrative review under paragraph (2), the
19department shall send notice of the secretary's decision.

20(b) Review of grant of request.--If the secretary grants the
21request under subsection (a)(2), the Statewide database,
22appropriate county agency, appropriate law enforcement officials
23and all subjects shall be so advised of the decision. The county
24agency and any subject have 90 days in which to file an
25administrative appeal with the secretary. If an administrative 
26appeal is received, the secretary or his designated agent shall 
27schedule a hearing pursuant to Article IV of the act of June 13, 
281967 (P.L.31, No.21), known as the Public Welfare Code, 
29attending departmental regulations. If no administrative appeal 
30is received within the designated time period, the Statewide
 

1database shall comply with the decision of the secretary and
2advise the county agency to amend or expunge the information in
3their records so that the records are consistent at both the
4State and local levels.

5(c) Review of refusal of request.--Subject to subsection 
6(c.1), if the secretary refuses a request under subsection (a)
7(1) or a request for administrative review under subsection (a)
8(2), or does not act within the prescribed time, the perpetrator 
9or school employee shall have the right to appeal and request a 
10hearing before the secretary to amend or expunge an indicated 
11report on the grounds that it is inaccurate or it is being 
12maintained in a manner inconsistent with this chapter. The 
13request for hearing must be made within 90 days of notice of the 
14[results of the investigation] decision. The appropriate county
15agency and appropriate law enforcement officials shall be given
16notice of the hearing. The burden of proof in the hearing shall
17be on the appropriate county agency. The department shall assist
18the county agency as necessary.

19(c.1) Founded reports.--A person named as a perpetrator in a
20founded report of child abuse must provide to the department a
21court order indicating that the underlying adjudication that
22formed the basis of the founded report has been reversed or
23vacated.

24(c.2) Hearing.--A person making an appeal under subsection
25(a)(2) or (c) shall have the right to a timely hearing to
26determine the merits of the appeal. A hearing shall be scheduled
27according to the following procedures:

28(1) Within ten days of receipt of an appeal pursuant to
29this section, the department shall schedule a hearing on the
30merits of the appeal.

1(2) The department shall make reasonable efforts to
2coordinate the hearing date with both the appellee and
3appellant.

4(3) After reasonable efforts required by paragraph (2)
5have been made, the department shall enter a scheduling
6order, and proceedings before the Bureau of Hearings and
7Appeals shall commence within 90 days of the date the
8scheduling order is entered, unless all parties have agreed
9to a continuance. Proceedings and hearings shall be scheduled
10to be heard on consecutive days whenever possible, but if not
11on consecutive days, then the proceeding or hearing shall be
12concluded not later than 30 days from commencement.

13(4) The department or county agency shall provide a
14person making an appeal with [all] evidence gathered during
15the child abuse investigation within its possession that is
16relevant to the child abuse determination, [including
17potentially exculpatory evidence. The evidence shall be
18provided not later than ten days following the entry of a
19scheduling order] subject to sections 6339 (relating to 
20confidentiality of reports) and 6340 (relating to release of 
21information in confidential reports).

22(5) The department or county agency shall bear the
23burden of proving by substantial evidence that the report
24should remain categorized as an indicated report.

25(c.3) Prompt decision.--The administrative law judge's or
26hearing officer's decision in a hearing under subsection (c.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 conclusion
3of the proceeding or hearing.

4(c.4) Notice of decision.--Notice of the decision shall be
5made to the Statewide database, the appropriate county agency,
6any appropriate law enforcement officials and all subjects of
7the report, except for the abused child.

8(d) Stay of proceedings.--Any administrative appeal
9proceeding pursuant to subsection (b) shall be automatically
10stayed upon notice to the department by either of the parties
11when there is a pending criminal proceeding or a dependency or 
12delinquency proceeding pursuant to 42 Pa.C.S. Ch. 63 (relating
13to juvenile matters), including any appeal thereof, involving
14the same factual circumstances as the administrative appeal.

15(e) Order.--The secretary or designated agent may make any
16appropriate order respecting the amendment or expunction of such
17records to make them accurate or consistent with the
18requirements of this chapter.

19(f) Notice of expunction.--Written notice of an expunction
20of any child abuse record made pursuant to the provisions of
21this chapter shall be served upon the subject of the record who
22was responsible for the abuse or injury and the appropriate
23county agency. Except as provided in this subsection, the county
24agency, upon receipt of the notice, shall take appropriate,
25similar action in regard to the local child abuse [and school
26employee] records and inform, for the same purpose, the
27appropriate coroner if that officer has received reports
28pursuant to section 6367 (relating to reports to department and
29coroner). Whenever the county agency investigation reveals,
30within 60 days of receipt of the report of suspected child

1abuse, that the report is unfounded but that the subjects need
2services provided or arranged by the county agency, the county
3agency shall retain those records and shall specifically
4identify that the report was an unfounded report of suspected
5child abuse. An unfounded report regarding subjects who receive
6services shall be expunged no later than 120 days following the
7expiration of one year after the termination or completion of
8services provided or arranged by the county agency.

9(g) Reconsideration and appeal.--Parties to a proceeding or
10hearing held under subsection (c.2) have 15 calendar days from
11the mailing date of the final order of the Bureau of Hearings
12and Appeals to request the secretary to reconsider the decision
13[or appeal to Commonwealth Court]. Parties to a proceeding or
14hearing held under this section have 30 calendar days from the
15mailing date of the final order of the Bureau of Hearings and
16Appeals to perfect an appeal to Commonwealth Court. The filing
17for reconsideration shall not toll the 30 days provided.

18Section 6. Sections 6344(b), (c)(1), (o) and (p) and
196344.1(b) of Title 23 are amended to read:

20§ 6344. Information relating to prospective child-care
21personnel.

22* * *

23(b) Information [submitted by prospective employees.--
24Administrators of child-care services shall require applicants
25to submit with their applications] to be submitted.--An 
26individual identified in subsection (a)(6) at the time the 
27individual meets the description set forth in subsection (a)(6) 
28and an individual applying to serve in any capacity identified 
29in subsection (a)(1), (2), (3), (4) or (5) prior to the 
30commencement of employment or service shall be required to
 

1submit the following information obtained within the preceding
2one-year period:

3(1) Pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal
4history record information), a report of criminal history
5record information from the Pennsylvania State Police or a
6statement from the Pennsylvania State Police that the State
7Police central repository contains no such information
8relating to that person. The criminal history record
9information shall be limited to that which is disseminated
10pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to general
11regulations).

12(2) A certification from the department as to whether
13the applicant is named in the [central register] Statewide 
14database as the perpetrator of a founded report of child
15abuse[,] or an indicated report of child abuse[, founded
16report for school employee or indicated report for school
17employee].

18(3) A report of Federal criminal history record
19information. The applicant shall submit a full set of
20fingerprints in a manner prescribed by the department. The
21Commonwealth shall submit the fingerprints to the Federal
22Bureau of Investigation in order to obtain a report of
23Federal criminal history record information and serve as
24intermediary for the purposes of this section.

25For the purposes of this subsection, an applicant may submit a
26copy of the information required under paragraphs (1) and (2)
27with an application for employment. Administrators shall
28maintain a copy of the required information and shall require
29applicants to produce the original document prior to employment.

30(c) Grounds for denying employment or participation in
 

1program, activity or service.--

2(1) In no case shall an administrator hire or approve an
3applicant where the department has verified that the
4applicant is named in the [central register] Statewide 
5database as the perpetrator of a founded report [of child
6abuse] committed within the five-year period immediately
7preceding verification pursuant to this section [or is named
8in the central register as the perpetrator of a founded
9report for a school employee committed within the five-year
10period immediately preceding verification pursuant to this
11section].

12* * *

13(o) Use of information.--A foster family care agency may not
14approve a prospective foster parent if the prospective foster
15parent or an individual [14] 18 years of age or older who
16resides for at least 30 days in a calendar year with the
17prospective foster parent meets either of the following:

18(1) Is named in the [central register] Statewide 
19database as the perpetrator of a founded report [of child
20abuse] committed within the five-year period immediately
21preceding verification pursuant to this section [or is named
22in the central register as the perpetrator of a founded
23report for a school employee committed within the five-year
24period immediately preceding verification pursuant to this
25section].

26(2) Has been found guilty of an offense listed in
27subsection [(c)(2)] (c).

28(p) Use of information.--A prospective adoptive parent may
29not be approved if the prospective adoptive parent or an
30individual 14 years of age or older who resides for at least 30

1days in a calendar year with the prospective adoptive parent
2meets either of the following:

3(1) Is named in the [central register] Statewide 
4database as the perpetrator of a founded report [of child
5abuse] committed within the five-year period immediately
6preceding verification pursuant to this section [or is named
7in the central register as the perpetrator of a founded
8report for a school employee committed within the five-year
9period immediately preceding verification pursuant to this
10section].

11(2) Has been found guilty of an offense listed in 
12subsection [(c)(2)] (c).

13§ 6344.1. Information relating to family day-care home
14residents.

15* * *

16(b) Required information.--Child abuse record information 
17required under subsection (a) shall include certification by the 
18department as to whether the applicant is named in the [central 
19register] Statewide database as the perpetrator of a founded 
20report[,] or an indicated report[, founded report for school 
21employee or indicated report for school employee] of child 
22abuse.

23* * *

24Section <-3 7. Section 6344.2(b) of Title 23 is amended and 
25the section is amended by adding a subsection to read:

26§ 6344.2. Information relating to other persons having contact
27with children.

28* * *

29(a.1) School employees.--This section shall apply to school
30employees as follows:

1(1) School employees governed by the provisions of the
2act of March 10, 1949 (P.L.30, No.14), known as the Public
3School Code of 1949, shall be subject to the provisions of
4section 111 of the Public School Code of 1949, except that
5this section shall apply with regard to the information
6required under section 6344(b)(2) (relating to information
7relating to prospective child-care personnel).

8(2) School employees not governed by the provisions of
9the Public School Code of 1949 shall be governed by this
10section.

<-11(3) This section shall not apply to any of the
12following:

13(i)  A school employee who is:

14(A)  under 21 years of age;

15(B)  participating in a job development or job
16training program; and

17(C)  employed for not more than 90 days.

18(ii)  A school employee hired on a provisional basis
19pending receipt of any information required under this
20section if all of the following apply:

21(A)  The applicant demonstrates application for
22any information required by this section.

23(B)  The applicant attests in writing by oath or
24affirmation that the applicant is not disqualified
25under this chapter.

26(C)  The administrator has no knowledge of
27information which would disqualify the applicant
28under this chapter.

29(D) The administrator requires that the
30applicant not be permitted to work alone with

1children and the applicant work in the immediate
2vicinity of a permanent employee.

3(E) The provisional period does not exceed:

4(I)  90 days for an applicant from another
5state; and

6(II)  30 days for all other applicants.

7(F) The hiring does not take place during a
8strike under the act of July 23, 1970 (P.L.563,
9No.195), known as the Public Employe Relations Act.

10(iii) A school employee who transfers from one
11position to another in the same school or school district
12and:

13(A) has, prior to the transfer, already provided
14any information required by this chapter; and

15(B) is not disqualified from employment under
16this chapter.

17(b) Investigation.--Employers, administrators or supervisors 
<-18or other persons responsible for employment decisions or 
19selection of volunteers shall require an applicant to submit to
20all requirements set forth in section 6344(b) [(relating to
21information relating to prospective child-care personnel)] 
<-22except as provided in subsection (b.1). An employer,
23administrator, supervisor or other person responsible for
24employment decisions <-or selection of volunteers regarding an
25applicable prospective employee <-or volunteer under this section
26that intentionally fails to require the submissions before
27hiring that individual commits a misdemeanor of the third
28degree.

29* * *

30Section <-4 8. Sections 6346(b) and (c) and 6347(a) and (b) of

1Title 23 are amended to read:

2§ 6346. Cooperation of other agencies.

3* * *

4(b) Willful failure to cooperate.--Any agency, school
5[district] or facility or any person acting on behalf of an
6agency, school [district] or facility that violates this section
7by willfully failing to cooperate with the department or a
8county agency when investigating a report of suspected child
9abuse [or a report under Subchapter C.1 (relating to students in
10public and private schools)] or when assessing <-safety or risk to
11a child commits a [summary offense<-] misdemeanor of the third 
12degree for a first violation and a misdemeanor of the [third<-] 
13second degree for subsequent violations.

14(c) Cooperation of county agency and law enforcement
15[agencies<-] officials.--Consistent with the provisions of this
16chapter, the county agency and law enforcement [agencies<-] 
17officials shall cooperate and coordinate, to the fullest extent
18possible, their efforts to respond to and investigate reports of
19suspected child abuse [and to reports under Subchapter C.1].

20* * *

21§ 6347. Reports to Governor and General Assembly.

22(a) General rule.--No later than May 1 of every year, the
23secretary shall prepare and transmit to the Governor and the
24General Assembly a report on the operations of the <-[central
25register of child<-] Statewide database and abuse and child
26protective services provided by county agencies. The report
27shall include a full statistical analysis of the reports of
28suspected child abuse made to the department [and the reports
29under Subchapter C.1 (relating to students in public and private
30schools)]<-, the reports of general protective services made to
 

1the department or county agencies, together with a report on the
2implementation of this chapter and its total cost to the
3Commonwealth, the evaluation of the secretary of services
4offered under this chapter and recommendations for repeal or for
5additional legislation to fulfill the purposes of this chapter.
6All such recommendations should contain an estimate of increased
7or decreased costs resulting therefrom. The report shall also
8include an explanation of services provided to children who were
9the subjects of founded or indicated reports while receiving
10child-care services. The department shall also describe its
11actions in respect to the perpetrators of the abuse.

12(b) Reports from county agencies.--To assist the department
13in preparing its annual report and the quarterly reports
14required under subsection (c), each county agency shall submit a
15quarterly report to the department, including, at a minimum, the
16following information, on an aggregate basis, regarding general
17protective services[,] and child protective services [and action
18under Subchapter C.1]:

19(1) The number of referrals received and referrals
20accepted.

21(2) The number of children over whom the agency
22maintains continuing supervision.

23(3) The number of cases which have been closed by the
24agency.

25(4) The services provided to children and their
26families.

27(5) A summary of the findings with nonidentifying
28information about each case of child abuse or neglect which
29has resulted in a child fatality or near fatality.

30* * *

<-1Section 5. Subchapter C.1 heading of Chapter 63 of Title 23
2is repealed:

3[SUBCHAPTER C.1

4STUDENTS IN PUBLIC AND PRIVATE SCHOOLS]

5Section 6. Sections 6351, 6352, 6353, 6353.1, 6353.2, 6353.3
6and 6353.4 of Title 23 are repealed:

7[§ 6351. Definitions.

8The following words and phrases when used in this subchapter
9shall have the meanings given to them in this section unless the
10context clearly indicates otherwise:

11"Administrator." The person responsible for the
12administration of a public or private school, intermediate unit
13or area vocational-technical school. The term includes an
14independent contractor.

15§ 6352. School employees.

16(a) Requirement.--

17(1) Except as provided in paragraph (2), a school
18employee who has reasonable cause to suspect, on the basis of
19professional or other training and experience, that a student
20coming before the school employee in the employee's
21professional or official capacity is a victim of serious
22bodily injury or sexual abuse or sexual exploitation by a
23school employee shall immediately contact the administrator.

24(2) If the school employee accused of seriously injuring
25or sexually abusing or exploiting a student is the
26administrator, the school employee who has reasonable cause
27to suspect, on the basis of professional or other training
28and experience, that a student coming before the school
29employee in the employee's professional or official capacity
30is a victim of serious bodily injury or sexual abuse or

1sexual exploitation shall immediately report to law
2enforcement officials and the district attorney under section
36353(a) (relating to administration). If an administrator is
4the school employee who suspects injury or abuse, the
5administrator shall make a report under section 6353(a).

6(3) The school employee may not reveal the existence or
7content of the report to any other person.

8(b) Immunity.--A school employee who refers a report under
9subsection (a) shall be immune from civil and criminal liability
10arising out of the report.

11(c) Criminal penalty.--

12(1) A school employee who willfully violates subsection
13(a) commits a summary offense.

14(2) A school employee who, after being sentenced under
15paragraph (1), violates subsection (a) commits a misdemeanor
16of the third degree.

17§ 6353. Administration.

18(a) Requirement.--An administrator and a school employee
19governed by section 6352(a)(2) (relating to school employees)
20shall report immediately to law enforcement officials and the
21appropriate district attorney any report of serious bodily
22injury or sexual abuse or sexual exploitation alleged to have
23been committed by a school employee against a student.

24(b) Report.--A report under subsection (a) shall include the
25following information:

26(1) Name, age, address and school of the student.

27(2) Name and address of the student's parent or
28guardian.

29(3) Name and address of the administrator.

30(4) Name, work and home address of the school employee.

1(5) Nature of the alleged offense.

2(6) Any specific comments or observations that are
3directly related to the alleged incident and the individuals
4involved.

5(c) Immunity.--An administrator who makes a report under
6subsection (a) shall be immune from civil or criminal liability
7arising out of the report.

8(d) Criminal penalty.--An administrator who willfully
9violates subsection (a) commits a misdemeanor of the third
10degree.

11§ 6353.1. Investigation.

12(a) General rule.--Upon receipt of a report under section
136353 (relating to administration), an investigation shall be
14conducted by law enforcement officials, in cooperation with the
15district attorney, and a determination made as to what criminal
16charges, if any, will be filed against the school employee.

17(b) Referral to county agency.--

18(1) If local law enforcement officials have reasonable
19cause to suspect on the basis of initial review that there is
20evidence of serious bodily injury, sexual abuse or sexual
21exploitation committed by a school employee against a
22student, local law enforcement officials shall notify the
23county agency in the county where the alleged abuse or injury
24occurred for the purpose of the agency conducting an
25investigation of the alleged abuse or injury.

26(2) To the fullest extent possible, law enforcement
27officials and the county agency shall coordinate their
28respective investigations. In respect to interviews with the
29student, law enforcement officials and the county agency
30shall conduct joint interviews. In respect to interviews with

1the school employee, law enforcement officials shall be given
2an opportunity to interview the school employee prior to the
3employee having any contact with the county agency.

4(3) The county agency and law enforcement officials have
5the authority to arrange for photographs, medical tests or X-
6rays of a student alleged to have been abused or injured by a
7school employee. The county agency and law enforcement
8officials shall coordinate their efforts in this regard and,
9to the fullest extent possible, avoid the duplication of any
10photographs, medical tests or X-rays.

11(4) Law enforcement officials and the county agency
12shall advise each other of the status and findings of their
13respective investigations on an ongoing basis.

14§ 6353.2. Responsibilities of county agency.

15(a) Information for the pending complaint file.--Immediately
16after receiving a report under section 6353.1 (relating to
17investigation), the county agency shall notify the department of
18the receipt of the report, which is to be filed in the pending
19complaint file as provided in section 6331(1) (relating to
20establishment of pending complaint file, Statewide central
21register and file of unfounded reports). The oral report shall
22include the following information:

23(1) The name and address of the student and the
24student's parent or guardian.

25(2) Where the suspected abuse or injury occurred.

26(3) The age and sex of the student.

27(4) The nature and extent of the suspected abuse or
28injury.

29(5) The name and home address of the school employee
30alleged to have committed the abuse or injury.

1(6) The relationship of the student to the school
2employee alleged to have committed the abuse or injury.

3(7) The source of the report to the county agency.

4(8) The actions taken by the county agency, law
5enforcement officials, parents, guardians, school officials
6or other persons, including the taking of photographs,
7medical tests and X-rays.

8(b) Investigation of reports.--Upon receipt of a report
9under section 6353.1, the county agency shall commence, within
10the time frames established in department regulations, an
11investigation of the nature, extent and cause of any alleged
12abuse or injury enumerated in the report. The county agency
13shall coordinate its investigation to the fullest extent
14possible with law enforcement officials as provided in section
156353.1(b).

16(c) Completion of investigation.--The investigation by the
17county agency to determine whether the report is an indicated
18report for school employee or an unfounded report shall be
19completed within 60 days.

20(d) Notice to subject of a report.--Prior to interviewing a
21subject of the report, the county agency shall orally notify the
22subject of the report of the existence of the report and the
23subject's rights under this chapter in regard to amendment or
24expungement. Within 72 hours following oral notification to the
25subject, the county agency shall give written notice to the
26subject. The notice may be reasonably delayed if notification is
27likely to threaten the safety of the student or the county
28agency worker, to cause the school employee to abscond or to
29significantly interfere with the conduct of a criminal
30investigation.

1(e) Reliance on factual investigation.--The county agency
2may rely on a factual investigation of substantially the same
3allegations by a law enforcement officials to support the
4agency's finding. This reliance shall not relieve the county
5agency of its responsibilities relating to the investigation of
6reports under this subchapter.

7(f) Notice to the department of the county agency's
8determination.--As soon as the county agency has completed its
9investigation, the county agency shall advise the department and
10law enforcement officials of its determination of the report as
11an indicated report for school employee or an unfounded report.
12Supplemental reports shall be made at regular intervals
13thereafter in a manner and form the department prescribes by
14regulation to the end that the department is kept fully informed
15and up-to-date concerning the status of the report.

16§ 6353.3. Information in Statewide central register.

17The Statewide central register established under section 6331
18(relating to establishment of pending complaint file, Statewide
19central register and file of unfounded reports) shall retain
20only the following information relating to reports of abuse or
21injury of a student by a school employee which have been
22determined to be a founded report for school employee or an
23indicated report for school employee:

24(1) The names, Social Security numbers, age and sex of
25the subjects of the report.

26(2) The home address of the subjects of the report.

27(3) The date and the nature and extent of the alleged
28abuse or injury.

29(4) The county and state where the abuse or injury
30occurred.

1(5) Factors contributing to the abuse or injury.

2(6) The source of the report.

3(7) Whether the report is a founded or indicated report.

4(8) Information obtained by the department in relation
5to the school employee's request to release, amend or expunge
6information retained by the department or the county agency.

7(9) The progress of any legal proceedings brought on the
8basis of the report.

9(10) Whether a criminal investigation has been
10undertaken and the result of the investigation and of any
11criminal prosecution.

12§ 6353.4. Other provisions.

13The following provisions shall apply to the release and
14retention of information by the department and the county agency
15concerning reports of abuse or injury committed by a school
16employee as provided by this subchapter:

17Section 6336(b) and (c) (relating to information in Statewide
18central register).

19Section 6337 (relating to disposition of unfounded reports).

20Section 6338(a) and (b) (relating to disposition of founded
21and indicated reports).

22Section 6339 (relating to confidentiality of reports).

23Section 6340 (relating to release of information in
24confidential reports).

25Section 6341(a) through (f) (relating to amendment or
26expunction of information).

27Section 6342 (relating to studies of data in records).]

28Section 7. Subchapter C.2 heading of Chapter 63 of Title 23
29is repealed:

30[SUBCHAPTER C.2

1BACKGROUND CHECKS FOR EMPLOYMENT IN SCHOOLS]

2Section 8. Sections 6354, 6355, 6356, 6357 and 6358 are
3repealed:

4[§ 6354. Definitions.

5The following words and phrases when used in this subchapter
6shall have the meanings given to them in this section unless the
7context clearly indicates otherwise:

8"Applicant." An individual who applies for a position as a
9school employee. The term includes an individual who transfers
10from one position as a school employee to another position as a
11school employee.

12"Administrator." The person responsible for the
13administration of a public or private school, intermediate unit
14or area vocational-technical school. The term includes a person
15responsible for employment decisions in a school and an
16independent contractor.

17§ 6355. Requirement.

18(a) Investigation.--

19(1) Except as provided in paragraph (2), an
20administrator shall require each applicant to submit an
21official clearance statement obtained from the department
22within the immediately preceding year as to whether the
23applicant is named as the perpetrator of an indicated or a
24founded report or is named as the individual responsible for
25injury or abuse in an indicated report for school employee or
26a founded report for school employee.

27(2) The official clearance statement under paragraph (1)
28shall not be required for an applicant who:

29(i) transfers from one position as a school employee
30to another position as a school employee of the same

1school district or of the same organization; and

2(ii) has, prior to the transfer, already obtained
3the official clearance statement under paragraph (1).

4(b) Grounds for denying employment.--Except as provided in
5section 6356 (relating to exceptions), an administrator shall
6not hire an applicant if the department verifies that the
7applicant is named as the perpetrator of a founded report or is
8named as the individual responsible for injury or abuse in a
9founded report for school employee. No individual who is a
10school employee on the effective date of this subchapter shall
11be required to obtain an official clearance statement under
12subsection (a)(1) as a condition of continued employment.

13(c) Penalty.--An administrator who willfully violates this
14section shall be subject to an administrative penalty of $2,500.
15An action under this subsection is governed by 2 Pa.C.S. Ch. 5
16Subch. A (relating to practice and procedure of Commonwealth
17agencies) and Ch. 7 Subch. A (relating to judicial review of
18Commonwealth agency action).

19§ 6356. Exceptions.

20Section 6355 (relating to requirement) shall not apply to any
21of the following:

22(1) A school employee who is:

23(i) under 21 years of age;

24(ii) participating in a job development or job
25training program; and

26(iii) employed for not more than 90 days.

27(2) A school employee hired on a provisional basis
28pending receipt of information under section 6355(a) if all
29of the following apply:

30(i) The applicant demonstrates application for the

1official clearance statement under section 6355(a).

2(ii) The applicant attests in writing by oath or
3affirmation that the applicant is not disqualified under
4section 6355(b).

5(iii) The administrator has no knowledge of
6information which would disqualify the applicant under
7section 6355(b).

8(iv) The provisional period does not exceed:

9(A) 90 days for an applicant from another state;
10and

11(B) 30 days for all other applicants.

12(v) The hiring does not take place during a strike
13under the act of July 23, 1970 (P.L.563, No.195), known
14as the Public Employe Relations Act.

15§ 6357. Fee.

16The department may charge a fee of not more than $10 for the
17official clearance statement required under section 6355(a)
18(relating to requirement).

19§ 6358. Time limit for official clearance statement.

20The department shall comply with the official clearance
21statement requests under section 6355(a) (relating to
22requirement) within 14 days of receipt of the request.]

23Section 9. The following apply:

24(1) The amendment of 23 Pa.C.S. §§ 6331, 6333, 6334(c),
256335(a), 6337(c), 6338(c), 6344(b)(2), (c)(1), (o) and (p),
266344.1(b), 6346(b) and (c) and 6347(a) and (b) shall not affect
27any report, complaint, information or record created or
28initiated prior to the effective date of this section.

29(2) The amendment of 23 Pa.C.S. §§ 6336(a)(11), 6338(c) and
306341(a)(2) and (c) is necessary as a result of the repeal of 23

1Pa.C.S. Ch. 63 Subch. C.1. Any reference to "perpetrator" in 23
2Pa.C.S. §§ 6336(a)(11), 6338(c) and 6341(a)(2) and (c), as
3amended, is intended to include a school employee who was the
4subject of an indicated or founded report prior to the effective
5date of this section.

6(3) The amendment of 23 Pa.C.S. § 6341(f) is necessary as a
7result of the repeal of 23 Pa.C.S. Ch. 63 Subch. C.1. Any
8reference to "local child abuse record" in 23 Pa.C.S. § 6341(f),
9as amended, is intended to include school employee records that
10included reports of child abuse recorded prior to the effective
11date of this section.

12(4) The repeal of 23 Pa.C.S. Ch. 63 Subchs. C.1 and C.2 is
13not intended to affect any procedure, disposition or other
14action taken or initiated prior to the effective date of this
15section.

16Section 10. This act shall take effect in 60 days.

<-17Section 9. Subchapter C.1 heading of Chapter 63 of Title 23 
18is repealed:

19[SUBCHAPTER C.1

20STUDENTS IN PUBLIC AND PRIVATE SCHOOLS]

21Section 10. Sections 6351, 6352, 6353 and 6353.1 of Title 23
22are repealed:

23[§ 6351. Definitions.

24The following words and phrases when used in this subchapter
25shall have the meanings given to them in this section unless the
26context clearly indicates otherwise:

27"Administrator." The person responsible for the
28administration of a public or private school, intermediate unit
29or area vocational-technical school. The term includes an
30independent contractor.

1§ 6352. School employees.

2(a) Requirement.--

3(1) Except as provided in paragraph (2), a school
4employee who has reasonable cause to suspect, on the basis of
5professional or other training and experience, that a student
6coming before the school employee in the employee's
7professional or official capacity is a victim of serious
8bodily injury or sexual abuse or sexual exploitation by a
9school employee shall immediately contact the administrator.

10(2) If the school employee accused of seriously injuring
11or sexually abusing or exploiting a student is the
12administrator, the school employee who has reasonable cause
13to suspect, on the basis of professional or other training
14and experience, that a student coming before the school
15employee in the employee's professional or official capacity
16is a victim of serious bodily injury or sexual abuse or
17sexual exploitation shall immediately report to law
18enforcement officials and the district attorney under section
196353(a) (relating to administration). If an administrator is
20the school employee who suspects injury or abuse, the
21administrator shall make a report under section 6353(a).

22(3) The school employee may not reveal the existence or
23content of the report to any other person.

24(b) Immunity.--A school employee who refers a report under
25subsection (a) shall be immune from civil and criminal liability
26arising out of the report.

27(c) Criminal penalty.--

28(1) A school employee who willfully violates subsection
29(a) commits a summary offense.

30(2) A school employee who, after being sentenced under

1paragraph (1), violates subsection (a) commits a misdemeanor
2of the third degree.

3§ 6353. Administration.

4(a) Requirement.--An administrator and a school employee
5governed by section 6352(a)(2) (relating to school employees)
6shall report immediately to law enforcement officials and the
7appropriate district attorney any report of serious bodily
8injury or sexual abuse or sexual exploitation alleged to have
9been committed by a school employee against a student.

10(b) Report.--A report under subsection (a) shall include the
11following information:

12(1) Name, age, address and school of the student.

13(2) Name and address of the student's parent or
14guardian.

15(3) Name and address of the administrator.

16(4) Name, work and home address of the school employee.

17(5) Nature of the alleged offense.

18(6) Any specific comments or observations that are
19directly related to the alleged incident and the individuals
20involved.

21(c) Immunity.--An administrator who makes a report under
22subsection (a) shall be immune from civil or criminal liability
23arising out of the report.

24(d) Criminal penalty.--An administrator who willfully
25violates subsection (a) commits a misdemeanor of the third
26degree.

27§ 6353.1. Investigation.

28(a) General rule.--Upon receipt of a report under section
296353 (relating to administration), an investigation shall be
30conducted by law enforcement officials, in cooperation with the

1district attorney, and a determination made as to what criminal
2charges, if any, will be filed against the school employee.

3(b) Referral to county agency.--

4(1) If local law enforcement officials have reasonable
5cause to suspect on the basis of initial review that there is
6evidence of serious bodily injury, sexual abuse or sexual
7exploitation committed by a school employee against a
8student, local law enforcement officials shall notify the
9county agency in the county where the alleged abuse or injury
10occurred for the purpose of the agency conducting an
11investigation of the alleged abuse or injury.

12(2) To the fullest extent possible, law enforcement
13officials and the county agency shall coordinate their
14respective investigations. In respect to interviews with the
15student, law enforcement officials and the county agency
16shall conduct joint interviews. In respect to interviews with
17the school employee, law enforcement officials shall be given
18an opportunity to interview the school employee prior to the
19employee having any contact with the county agency.

20(3) The county agency and law enforcement officials have
21the authority to arrange for photographs, medical tests or X-
22rays of a student alleged to have been abused or injured by a
23school employee. The county agency and law enforcement
24officials shall coordinate their efforts in this regard and,
25to the fullest extent possible, avoid the duplication of any
26photographs, medical tests or X-rays.

27(4) Law enforcement officials and the county agency
28shall advise each other of the status and findings of their
29respective investigations on an ongoing basis.]

30Section 11. Sections 6353.2 and 6353.3 of Title 23, amended

1December 18, 2013 (P.L.1201, No.119), are repealed:

2[§ 6353.2. Responsibilities of county agency.

3(a) Information for the pending complaint file.--Immediately
4after receiving a report under section 6353.1 (relating to
5investigation), the county agency shall notify the department of
6the receipt of the report, which is to be filed in the pending
7complaint file as provided in section 6331(1) (relating to
8establishment of pending complaint file, Statewide central
9register and file of unfounded reports). The oral report shall
10include the following information:

11(1) The name and address of the student and the
12student's parent or guardian.

13(2) Where the suspected abuse or injury occurred.

14(3) The age and sex of the student.

15(4) The nature and extent of the suspected abuse or
16injury.

17(5) The name and home address of the school employee
18alleged to have committed the abuse or injury.

19(6) The relationship of the student to the school
20employee alleged to have committed the abuse or injury.

21(7) The source of the report to the county agency.

22(8) The actions taken by the county agency, law
23enforcement officials, parents, guardians, school officials
24or other persons, including the taking of photographs,
25medical tests and X-rays.

26(b) Investigation of reports.--Upon receipt of a report
27under section 6353.1, the county agency shall commence, within
28the time frames established in department regulations, an
29investigation of the nature, extent and cause of any alleged
30abuse or injury enumerated in the report. The county agency

1shall coordinate its investigation to the fullest extent
2possible with law enforcement officials as provided in section
36353.1(b).

4(c) Completion of investigation.--The investigation by the
5county agency to determine whether the report is an indicated
6report for school employee or an unfounded report shall be
7completed within 60 days.

8(d) Notice to subject of a report.--Prior to interviewing a
9subject of the report, the county agency shall orally notify the
10subject of the report of the existence of the report and the
11subject's rights under this chapter in regard to amendment or
12expungement. Within 72 hours following oral notification to the
13subject, the county agency shall give written notice to the
14subject. The notice may be reasonably delayed if notification is
15likely to threaten the safety of the student or the county
16agency worker, to cause the school employee to abscond or to
17significantly interfere with the conduct of a criminal
18investigation.

19(e) Reliance on factual investigation.--The county agency
20may rely on a factual investigation of substantially the same
21allegations by a law enforcement officials to support the
22agency's finding. This reliance shall not relieve the county
23agency of its responsibilities relating to the investigation of
24reports under this subchapter.

25(f) Notice to the department of the county agency's
26determination.--As soon as the county agency has completed its
27investigation, the county agency shall advise the department and
28law enforcement officials of its determination of the report as
29an indicated report for school employee or an unfounded report.
30Supplemental reports shall be made at regular intervals

1thereafter in a manner and form the department prescribes by
2regulation to the end that the department is kept fully informed
3and up-to-date concerning the status of the report.

4§ 6353.3. Information in Statewide central register.

5The Statewide central register established under section 6331
6(relating to establishment of pending complaint file, Statewide
7central register and file of unfounded reports) shall retain
8only the following information relating to reports of abuse or
9injury of a student by a school employee which have been
10determined to be a founded report for school employee or an
11indicated report for school employee:

12(1) The names, Social Security numbers, age and sex of
13the subjects of the report.

14(2) The home address of the subjects of the report.

15(3) The date and the nature and extent of the alleged
16abuse or injury.

17(4) The county and state where the abuse or injury
18occurred.

19(5) Factors contributing to the abuse or injury.

20(6) The source of the report.

21(7) Whether the report is a founded or indicated report.

22(8) Information obtained by the department in relation
23to the school employee's request to release, amend or expunge
24information retained by the department or the county agency.

25(9) The progress of any legal proceedings brought on the
26basis of the report.

27(10) Whether a criminal investigation has been
28undertaken and the result of the investigation and of any
29criminal prosecution.]

30Section 12. Section 6353.4 of Title 23 is repealed:

1[§ 6353.4. Other provisions.

2The following provisions shall apply to the release and
3retention of information by the department and the county agency
4concerning reports of abuse or injury committed by a school
5employee as provided by this subchapter:

6Section 6336(b) and (c) (relating to information in Statewide
7central register).

8Section 6337 (relating to disposition of unfounded reports).

9Section 6338(a) and (b) (relating to disposition of founded
10and indicated reports).

11Section 6339 (relating to confidentiality of reports).

12Section 6340 (relating to release of information in
13confidential reports).

14Section 6341(a) through (f) (relating to amendment or
15expunction of information).

16Section 6342 (relating to studies of data in records).]

17Section 13. Subchapter C.2 heading of Chapter 63 of Title 23
18is repealed:

19[SUBCHAPTER C.2

20BACKGROUND CHECKS FOR EMPLOYMENT IN SCHOOLS]

21Section 14. Sections 6354, 6355, 6356, 6357 and 6358 of
22Title 23 are repealed:

23[§ 6354. Definitions.

24The following words and phrases when used in this subchapter
25shall have the meanings given to them in this section unless the
26context clearly indicates otherwise:

27"Applicant." An individual who applies for a position as a
28school employee. The term includes an individual who transfers
29from one position as a school employee to another position as a
30school employee.

1"Administrator." The person responsible for the
2administration of a public or private school, intermediate unit
3or area vocational-technical school. The term includes a person
4responsible for employment decisions in a school and an
5independent contractor.

6§ 6355. Requirement.

7(a) Investigation.--

8(1) Except as provided in paragraph (2), an
9administrator shall require each applicant to submit an
10official clearance statement obtained from the department
11within the immediately preceding year as to whether the
12applicant is named as the perpetrator of an indicated or a
13founded report or is named as the individual responsible for
14injury or abuse in an indicated report for school employee or
15a founded report for school employee.

16(2) The official clearance statement under paragraph (1)
17shall not be required for an applicant who:

18(i) transfers from one position as a school employee
19to another position as a school employee of the same
20school district or of the same organization; and

21(ii) has, prior to the transfer, already obtained
22the official clearance statement under paragraph (1).

23(b) Grounds for denying employment.--Except as provided in
24section 6356 (relating to exceptions), an administrator shall
25not hire an applicant if the department verifies that the
26applicant is named as the perpetrator of a founded report or is
27named as the individual responsible for injury or abuse in a
28founded report for school employee. No individual who is a
29school employee on the effective date of this subchapter shall
30be required to obtain an official clearance statement under

1subsection (a)(1) as a condition of continued employment.

2(c) Penalty.--An administrator who willfully violates this
3section shall be subject to an administrative penalty of $2,500.
4An action under this subsection is governed by 2 Pa.C.S. Ch. 5
5Subch. A (relating to practice and procedure of Commonwealth
6agencies) and Ch. 7 Subch. A (relating to judicial review of
7Commonwealth agency action).

8§ 6356. Exceptions.

9Section 6355 (relating to requirement) shall not apply to any
10of the following:

11(1) A school employee who is:

12(i) under 21 years of age;

13(ii) participating in a job development or job
14training program; and

15(iii) employed for not more than 90 days.

16(2) A school employee hired on a provisional basis
17pending receipt of information under section 6355(a) if all
18of the following apply:

19(i) The applicant demonstrates application for the
20official clearance statement under section 6355(a).

21(ii) The applicant attests in writing by oath or
22affirmation that the applicant is not disqualified under
23section 6355(b).

24(iii) The administrator has no knowledge of
25information which would disqualify the applicant under
26section 6355(b).

27(iv) The provisional period does not exceed:

28(A) 90 days for an applicant from another state;
29and

30(B) 30 days for all other applicants.

1(v) The hiring does not take place during a strike
2under the act of July 23, 1970 (P.L.563, No.195), known
3as the Public Employe Relations Act.

4§ 6357. Fee.

5The department may charge a fee of not more than $10 for the
6official clearance statement required under section 6355(a)
7(relating to requirement).

8§ 6358. Time limit for official clearance statement.

9The department shall comply with the official clearance
10statement requests under section 6355(a) (relating to
11requirement) within 14 days of receipt of the request.]

12Section 15. Repeals are as follows:

13(1) The General Assembly declares that the repeal under
14paragraph (2) is necessary to effectuate the reenactment and
15amendment of 23 Pa.C.S. § 6341.

16(2) Section 6 of the act of December 18, 2013 (P.L.1201,
17No.119), entitled "An act amending Title 23 (Domestic 
18Relations) of the Pennsylvania Consolidated Statutes, in 
19child protective services, further providing for definitions, 
20for immunity from liability, for establishment of pending 
21complaint file, for Statewide central register and file of 
22unfounded reports and for amendment or expunction of 
23information; and making editorial changes," is repealed.

24Section 16. Notwithstanding section 7(2) of the act of 
25December 18, 2013 (P.L.1201, No.119), entitled "An act amending 
26Title 23 (Domestic Relations) of the Pennsylvania Consolidated 
27Statutes, in child protective services, further providing for 
28definitions, for immunity from liability, for establishment of 
29pending complaint file, for Statewide central register and file 
30of unfounded reports and for amendment or expunction of
 

1information; and making editorial changes," the provisions of 23 
2Pa.C.S. § 6341(c.1), (c.2), (c.3), (c.4) and (g) shall apply on 
3and after December 31, 2014.

4Section 17. This act shall take effect as follows:

5(1) Sections 15 and 16 of this act and this section
6shall take effect immediately.

7(2) The remainder of this act shall take effect December
831, 2014.