1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child protective services, <-further 
3providing for definitions, for information relating to 
4prospective child-care personnel, for information relating to 
5family day-care home residents and for information relating 
6to other persons having contact with children; and providing 
7for grounds for denying employment or participation in 
8program, activity or service and for certification 
9compliance. <-further providing for persons required to report 
10suspected child abuse, for reporting procedure, for 
11confidentiality of reports, for release of information in 
12confidential reports, for information relating to prospective 
13child-care personnel, for information relating to family day-
14care home residents and for information relating to other 
15persons having contact with children; providing for continued 
16employment or participation in program, activity or service 
17and for certification compliance; making a conforming 
18amendment to Title 42; providing for a study on employment 
19bans for those having contact with children; and making 
20editorial changes.

21The General Assembly of the Commonwealth of Pennsylvania
22hereby enacts as follows:

<-23Section 1. The definition of "child care service" in section
246303(a) of Title 23 of the Pennsylvania Consolidated Statutes is

1amended to read:

2§ 6303. Definitions.

3(a) General rule.--The following words and phrases when used
4in this chapter shall have the meanings given to them in this
5section unless the context clearly indicates otherwise:

6* * *

7"Child-care services." [Child day-care centers, group and
8family day-care homes, foster homes, adoptive parents, boarding
9homes for children, juvenile detention center services or
10programs for delinquent or dependent children; mental health,
11mental retardation, early intervention and drug and alcohol
12services for children; and other child-care services which are
13provided by or subject to approval, licensure, registration or
14certification by the Department of Public Welfare or a county
15social services agency or which are provided pursuant to a
16contract with these departments or a county social services
17agency. The term does not include such services or programs
18which may be offered by public and private schools, intermediate
19units or area vocational-technical schools.] Includes any of the
20following:

21(1) Child day-care centers.

22(2) Group day-care homes.

23(3) Family day-care homes.

24(4) Foster homes.

25(5) Adoptive parents.

26(6) Boarding homes for children.

27(7) Juvenile detention center services or programs for
28delinquent or dependent children.

29(8) Mental health services for children.

30(9) Services for children with intellectual

1disabilities.

2(10) Early intervention services for children.

3(11) Drug and alcohol services for children.

4(12) Day-care services or programs that are offered by a
5school.

6(13) Other comparable services that are provided by or
7subject to approval, licensure, registration or certification
8by the department or a county social services agency or that
9are provided pursuant to a contract with the Department of
10Public Welfare or a county social services agency.

11* * *

12Section 2. Section 6344(a), (b), (c), (d)(3), (4) and (6),
13(i), (k), (l), (m), (n), (o) and (p) of Title 23 are amended and
14subsection (d) is amended by adding a paragraph to read:

15§ 6344. Information relating to prospective child-care
16personnel.

17(a) Applicability.--[This section applies to all prospective
18employees of child-care services, prospective foster parents,
19prospective adoptive parents, prospective self-employed family
20day-care providers and other persons seeking to provide child-
21care services under contract with a child-care facility or
22program. This section also applies to individuals 14 years of
23age or older who reside in the home of a prospective foster
24parent for at least 30 days in a calendar year or who reside in
25the home of a prospective adoptive parent for at least 30 days
26in a calendar year. This section does not apply to
27administrative or other support personnel unless their duties
28will involve direct contact with children.] This section applies
29to any of the following individuals:

30(1) A prospective employee of child-care services.

1(2) A prospective foster parent.

2(3) A prospective adoptive parent.

3(4) A prospective self-employed family day-care
4provider.

5(5) Any person seeking to provide child-care services
6under contract with a child-care facility or program.

7(6) An individual 18 years of age or older who resides
8in the home of a prospective foster parent for at least 30
9days in a calendar year or who resides in the home of a
10prospective adoptive parent for at least 30 days in a
11calendar year.

12(b) [Information submitted by prospective employees.--
13Administrators of child-care services shall require applicants
14to submit with their applications the following information
15obtained within the preceding one-year period:] Information to
16be submitted.--An individual identified in subsection (a)(6) at
17the time the individual meets the description set forth in
18subsection (a)(6) and an individual applying to serve in any
19capacity identified in subsection (a)(1), (2), (3), (4) or (5)
20at the time of application shall be required to submit the
21following information obtained within the preceding one-year
22period:

23(1) Pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal
24history record information), a report of criminal history
25record information from the Pennsylvania State Police or a
26statement from the Pennsylvania State Police that the State
27Police central repository contains no such information
28relating to that person. The criminal history record
29information shall be limited to that which is disseminated
30pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to general

1regulations).

2(2) A certification from the department as to whether
3the applicant is named in the central register as the
4perpetrator of a founded report of child abuse, indicated
5report of child abuse, founded report for school employee or
6indicated report for school employee.

7(3) A report of Federal criminal history record
8information. The applicant shall submit a full set of
9fingerprints in a manner prescribed by the department. The
10Commonwealth shall submit the fingerprints to the Federal
11Bureau of Investigation in order to obtain a report of
12Federal criminal history record information and serve as
13intermediary for the purposes of this section.

14For the purposes of this subsection, [an applicant may submit a
15copy of the information required under paragraphs (1) and (2)
16with an application for employment. Administrators shall
17maintain a copy of the required information and shall require
18applicants to produce the original document prior to
19employment.] an individual may submit a copy of the information
20required under paragraphs (1) and (2) when applying to serve in
21any capacity identified in subsection (a)(1), (2), (3), (4) or
22(5). The person responsible for determining the employment or
23acceptance of the individual to serve in such a capacity shall
24maintain a copy of the required information and require the
25individual to produce the original document prior to employment
26or acceptance to serve in such capacity.

27[(c) Grounds for denying employment.--

28(1) In no case shall an administrator hire an applicant
29where the department has verified that the applicant is named
30in the central register as the perpetrator of a founded

1report of child abuse committed within the five-year period
2immediately preceding verification pursuant to this section
3or is named in the central register as the perpetrator of a
4founded report for a school employee committed within the
5five-year period immediately preceding verification pursuant
6to this section.

7(2) In no case shall an administrator hire an applicant
8if the applicant's criminal history record information
9indicates the applicant has been convicted of one or more of
10the following offenses under Title 18 (relating to crimes and
11offenses) or an equivalent crime under Federal law or the law
12of another state:

13Chapter 25 (relating to criminal homicide).

14Section 2702 (relating to aggravated assault).

15Section 2709.1 (relating to stalking).

16Section 2901 (relating to kidnapping).

17Section 2902 (relating to unlawful restraint).

18Section 3121 (relating to rape).

19Section 3122.1 (relating to statutory sexual assault).

20Section 3123 (relating to involuntary deviate sexual
21intercourse).

22Section 3124.1 (relating to sexual assault).

23Section 3125 (relating to aggravated indecent assault).

24Section 3126 (relating to indecent assault).

25Section 3127 (relating to indecent exposure).

26Section 4302 (relating to incest).

27Section 4303 (relating to concealing death of child).

28Section 4304 (relating to endangering welfare of
29children).

30Section 4305 (relating to dealing in infant children).

1A felony offense under section 5902(b) (relating to
2prostitution and related offenses).

3Section 5903(c) or (d) (relating to obscene and other
4sexual materials and performances).

5Section 6301 (relating to corruption of minors).

6Section 6312 (relating to sexual abuse of children).

7The attempt, solicitation or conspiracy to commit any of
8the offenses set forth in this paragraph.

9(3) In no case shall an administrator hire an applicant
10if the applicant's criminal history record information
11indicates the applicant has been convicted of a felony
12offense under the act of April 14, 1972 (P.L.233, No.64),
13known as The Controlled Substance, Drug, Device and Cosmetic
14Act, committed within the five-year period immediately
15preceding verification under this section.]

16(d) Prospective adoptive or foster parents.--With regard to
17prospective adoptive or prospective foster parents, the
18following shall apply:

19* * *

20[(3) Foster parents and any individual over 18 years of
21age residing in the home shall be required to submit the
22information set forth in subsection (b) every 24 months
23following approval for review by the foster family care
24agency in accordance with subsection (c).

25(4) Foster parents shall be required to report, within
2648 hours, any change in information required pursuant to
27subsection (b) about themselves and any individuals over the
28age of 18 years residing in the home for review by the foster
29family care agency in accordance with subsection (c).]

30(4.1) If a foster parent is arrested or convicted for an
 

1offense that would constitute grounds for denying employment 
2under section 6344.3 (relating to grounds for denying 
3employment or participation in program, activity or service), 
4or is named as a perpetrator in a founded or indicated report 
5of abuse, the foster parent shall provide the foster family 
6care agency with written notice not later than 48 hours after 
7the arrest, conviction or notification that the foster parent 
8was named as a perpetrator of child abuse in the Statewide 
9central register.

10* * *

11(6) In cases where foster parents knowingly fail to
12submit the material information required in [paragraphs (3),
13(4) and (5)] paragraph (5) and section 6344.4 (relating to
14certification compliance) such that it would disqualify them
15as foster parents, the child shall immediately be removed
16from the home without a hearing.

17* * *

18(i) Time limit for certification.--The department shall
19comply with certification requests no later than [14] 28 days
20from the receipt of the request[.] and develop procedures to
21comply with expedited certification requests. The department is
22authorized to charge a fee of no more than $5, in addition to
23the fee authorized in subsection (h), in order to expedite a
24certification request. The department shall comply with
25expedited certification requests no later than 14 days from the
26receipt of the request.

27* * *

28[(k) Existing or transferred employees.--A person employed
29in child-care services on July 1, 2008, shall not be required to
30obtain the information required in subsection (b) as a condition

1of continued employment. A person who has once obtained the
2information required under subsection (b) may transfer to
3another child-care service established and supervised by the
4same organization and shall not be required to obtain additional
5reports before making the transfer.

6(l) Temporary employees under special programs.--The
7requirements of this section do not apply to employees of child-
8care services who meet all the following requirements:

9(1) They are under 21 years of age.

10(2) They are employed for periods of 90 days or less.

11(3) They are a part of a job development or job training
12program funded, in whole or in part, by public or private
13sources.

14Once employment of a person who meets these conditions extends
15beyond 90 days, all requirements of this section shall take
16effect.]

17(m) Provisional employees for limited periods.--
18Notwithstanding subsection (b), [administrators] employers may
19employ applicants on a provisional basis for a single period not
20to exceed 30 days or, for out-of-State applicants, a period of
2190 days, if all of the following conditions are met:

22(1) The applicant has applied for the information
23required under subsection (b) and the applicant provides a
24copy of the appropriate completed request forms to the
25[administrator] employer.

26(2) The [administrator] employer has no knowledge of
27information pertaining to the applicant which would
28disqualify him from employment pursuant to [subsection (c)]
29section 6344.3.

30(3) The applicant swears or affirms in writing that he

1is not disqualified from employment pursuant to [subsection
2(c)] section 6344.3.

3(4) If the information obtained pursuant to subsection
4(b) reveals that the applicant is disqualified from
5employment pursuant to [subsection (c)] section 6344.3, the
6applicant shall be immediately dismissed by the
7[administrator] employer.

8(5) The [administrator] employer requires that the
9applicant not be permitted to work alone with children and
10that the applicant work in the immediate vicinity of a
11permanent employee.

12(n) Confidentiality.--The information provided and compiled
13under this section, including, but not limited to, the names,
14addresses and telephone numbers of applicants and foster and
15adoptive parents, shall be confidential and shall not be subject
16to the act of [June 21, 1957 (P.L.390, No.212), referred to]
17February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
18This information shall not be released except as permitted by
19the department through regulation.

20(o) Use of information.--A foster family care agency may not
21approve a prospective foster parent if the prospective foster
22parent or an individual [14] 18 years of age or older who
23resides for at least 30 days in a calendar year with the
24prospective foster parent meets either of the following:

25(1) Is named in the central register as the perpetrator
26of a founded report of child abuse committed within the five-
27year period immediately preceding verification pursuant to
28this section or is named in the central register as the
29perpetrator of a founded report for a school employee
30committed within the five-year period immediately preceding

1verification pursuant to this section.

2(2) Has been found guilty of an offense listed in
3[subsection (c)(2)] section 6344.3.

4(p) Use of information.--A prospective adoptive parent may
5not be approved if the prospective adoptive parent or an
6individual [14] 18 years of age or older who resides for at
7least 30 days in a calendar year with the prospective adoptive
8parent meets either of the following:

9(1) Is named in the central register as the perpetrator
10of a founded report of child abuse committed within the five-
11year period immediately preceding verification pursuant to
12this section or is named in the central register as the
13perpetrator of a founded report for a school employee
14committed within the five-year period immediately preceding
15verification pursuant to this section.

16(2) Has been found guilty of an offense listed in
17[subsection (c)(2)] section 6344.3.

18Section 3. Sections 6344.1(c) and 6344.2 of Title 23 are
19amended to read:

20§ 6344.1. Information relating to family day-care home
21residents.

22* * *

23(c) Effect on registration.--The department shall refuse to
24issue or renew a registration certificate or shall revoke a
25registration certificate if the family day-care home provider or
26individual 18 years of age or older who has resided in the home
27for at least 30 days in a calendar year:

28(1) is named in the central register on child abuse
29established under [Chapter 63 (relating to child protective
30services)] this chapter as the perpetrator of a founded

1report committed within the immediately preceding five-year
2period; or

3(2) has been convicted of an offense enumerated in
4section [6344(c).] 6344.3 (relating to grounds for denying
5employment or participation in program, activity or service),
6if the offense would constitute grounds for denying
7employment based on the date of expiration of the sentence
8for the offense.

9* * *

10§ 6344.2. Information relating to other persons having contact
11with children.

12(a) Applicability.--[This section applies to prospective
13employees applying to engage in occupations with a significant
14likelihood of regular contact with children, in the form of
15care, guidance, supervision or training. Such persons include
16social service workers, hospital personnel, mental health
17professionals, members of the clergy, counselors, librarians and
18doctors.] This section applies to a person applying for a paid
19or unpaid position as a person responsible for the welfare of a
20child.

21(b) Investigation.--Employers, administrators or supervisors
22or other person responsible for employment decisions or
23selection of volunteers shall require an applicant to submit to
24all requirements set forth in section 6344(b) (relating to
25information relating to prospective child-care personnel). An
26employer, administrator, supervisor or other person responsible
27for employment decisions or selection of volunteers regarding an
28applicable prospective employee or volunteer under this section
29that intentionally fails to require the submissions before
30hiring that individual commits a misdemeanor of the third

1degree.

2(b.1) Exception.--A person responsible for the selection of
3volunteers shall require an applicable prospective volunteer to
4submit only the information required by section 6344(b)(1) and
5(2), if both of the following apply:

6(1) The position the prospective volunteer is applying
7for is unpaid.

8(2) The prospective volunteer has been a resident of
9Pennsylvania during the entirety of the previous ten-year
10period.

11This subsection shall not be construed to prohibit any
12organization from requiring prospective volunteers to submit the
13information required by section 6344(b)(3).

14(c) Grounds for denial.--Each applicant shall be subject to
15the requirements of section [6344(c)] 6344.3 (relating to
16grounds for denial of employment or participation in program,
17service or activity).

18(d) Departmental treatment of information.--Information
19provided and compiled under this section by the department shall
20be confidential and shall not be subject to the act of [June 21,
211957 (P.L.390, No.212), referred to] February 14, 2008 (P.L.6,
22No.3), known as the Right-to-Know Law. This information shall
23not be released except as permitted by the department through
24regulation. The department may charge a fee to conduct a
25certification as required by section 6344(b)(2) in accordance
26with the provisions of section 6344(h). The department shall
27promulgate regulations necessary to carry out this subsection.

28Section 4. Title 23 is amended by adding sections to read:

29§ 6344.3. Grounds for denying employment or participation in
30program, activity or service.

1(a) Permanent ban.--No person subject to section 6344
2(relating to information relating to prospective child-care
3personnel) or 6344.2 (relating to information relating to other
4persons having contact with children) shall be employed or serve
5as a volunteer where the information under section 6344(b)
6indicates that the person has been identified as follows:

7(1) Convicted of an offense under one or more of the
8following provisions of 18 Pa.C.S. (relating to crimes and
9offenses):

10Chapter 25 (relating to criminal homicide).

11Section 2702 (relating to aggravated assault).

12Section 2709.1 (relating to stalking).

13Section 2901 (relating to kidnapping).

14Section 2902 (relating to unlawful restraint).

15Section 2910 (relating to luring a child into a motor
16vehicle or structure).

17Section 3121 (relating to rape).

18Section 3122.1 (relating to statutory sexual
19assault).

20Section 3123 (relating to involuntary deviate sexual
21intercourse).

22Section 3124.1 (relating to sexual assault).

23Section 3124.2 (relating to institutional sexual
24assault).

25Section 3125 (relating to aggravated indecent
26assault).

27Section 3126 (relating to indecent assault).

28Section 3127 (relating to indecent exposure).

29Section 3129 (relating to sexual intercourse with
30animal).

1Section 4302 (relating to incest).

2Section 4303 (relating to concealing death of child).

3Section 4304 (relating to endangering welfare of
4children).

5Section 4305 (relating to dealing in infant
6children).

7A felony offense under section 5902(b) (relating to
8prostitution and related offenses).

9Section 5903(c) or (d) (relating to obscene and other
10sexual materials and performances).

11Section 6301(a)(1)(ii) (relating to corruption of
12minors).

13Section 6312 (relating to sexual abuse of children).

14Section 6318 (relating to unlawful contact with
15minor).

16Section 6319 (relating to solicitation of minors to
17traffic drugs).

18Section 6320 (relating to sexual exploitation of
19children).

20(2) Convicted of an offense similar in nature to those
21crimes listed in paragraph (1) under the laws or former laws
22of the United States or one of its territories or
23possessions, another state, the District of Columbia, the
24Commonwealth of Puerto Rico or a foreign nation, or under a
25former law of this Commonwealth.

26(3) Identified in the central register as the
27perpetrator of a founded report of child abuse that involved
28the sexual abuse or exploitation of a child, or founded
29report for school employee that involved sexual abuse or
30exploitation of a child.

1(b) Temporary ten-year ban.--

2(1) Subject to paragraph (2), no person subject to
3section 6344 or 6344.2 shall be employed or serve as a
4volunteer where the information under section 6344(b)
5indicates that the person has been convicted of a felony
6offense of the first, second or third degree for a crime
7other than those enumerated under subsection (a), where the
8victim is a child, or a felony offense under the act of April
914, 1972 (P.L.233, No.64), known as The Controlled Substance,
10Drug, Device and Cosmetic Act.

11(2) The person under paragraph (1) shall be eligible for
12prospective employment or service as a volunteer only if a
13period of ten years has elapsed from the date of expiration
14of the sentence for the offense.

15(c) Temporary five-year ban.--

16(1) Subject to paragraph (2), no person subject to
17section 6344 or 6344.2 shall be employed or serve as a
18volunteer where the information under section 6344(b)
19indicates that the person has been:

20(i) convicted of a misdemeanor of the first degree
21for a crime, other than those enumerated under subsection
22(a), where the victim is a child; or

23(ii) identified in the central register as a
24perpetrator of a founded report of child abuse other than
25sexual abuse or exploitation or a founded report for
26school employee other than sexual abuse or exploitation.

27(2) The person under paragraph (1) shall be eligible for
28prospective employment or service as a volunteer only if a
29period of five years has elapsed from the date of:

30(i) the expiration of the sentence for the offense

1under paragraph (1)(i); or

2(ii) identification under paragraph (1)(ii).

3(d) Noninterference with decisions.--Nothing in this section
4shall be construed to otherwise interfere with the ability of an
5employer or program, activity or service to make employment,
6discipline or termination decisions.

7(e) Transfer.--Any person who has once obtained the
8information required under this section may transfer or provide
9services to another subsidiary or branch established and
10supervised by the same organization and shall not be required to
11obtain additional reports before making the transfer.

12(f) Written notice of new arrest, conviction or 
13substantiated child abuse.--

14(1) If an employee or volunteer subject to section 6344 
15or 6344.2 is arrested or convicted for an offense that would 
16constitute grounds for denying employment or participation in 
17a program, activity or service under this section, or is 
18named as perpetrator in a founded or indicated report of 
19child abuse, the employee or volunteer shall provide the
20administrator or designee with written notice not later than
2172 hours after the arrest, conviction or notification that 
22the person has been listed as a perpetrator of child abuse in 
23the Statewide central register.

24(2) If the person responsible for employment decisions
25or the administrator of a program, activity or service has a
26reasonable belief that an employee or volunteer was arrested 
27or convicted for an offense that would constitute grounds for 
28denying employment or participation in a program, activity or 
29service under this section, or was named as perpetrator in a 
30founded or indicated report of child abuse, or the employee
 

1or volunteer has provided notice as required under this
2section, the person responsible for employment decisions or
3administrator of a program, activity or service shall
4immediately require the employee or volunteer to submit
5current information as required under subsection 6344(b). The
6cost of the information set forth in subsection 6344(b) shall
7be borne by the employing entity or program, activity or
8service.

9(g) Effect of noncompliance.--An employee or volunteer who 
10willfully fails to disclose information required by subsection 
11(f)(1) commits a misdemeanor of the third degree and shall be 
12subject to discipline up to and including termination or denial 
13of employment or volunteer position.

14§ 6344.4. Certification compliance.

15(a) Obtaining new certifications.--A person identified in
16section 6344(a)(1) (relating to information relating to
17prospective child-care personnel) or 6344.2 (relating to
18information relating to other persons having contact with
19children) shall be required to obtain the certifications
20required by this chapter every 24 months.

21(b) Reports of changes.--Within 48 hours, foster parents
22shall report any change in information required pursuant to
23section 6344(b) about themselves and any individuals over 18
24years of age residing in their home for review by the foster
25family care agency in accordance with section 6344.

26Section 5. This act shall take effect in 60 days.

<-27Section 1. Section 2530(b)(2) of Title 23 of the
28Pennsylvania Consolidated Statutes is amended to read:

29§ 2530. Home study and preplacement report.

30* * *

1(b) Preplacement report.--A preplacement report shall be
2prepared by the agency or person conducting the home study.

3* * *

4(2) The preplacement report shall be based upon a study
5which shall include an investigation of the home environment,
6family life, parenting skills, age, physical and mental
7health, social, cultural and religious background, facilities
8and resources of the adoptive parents and their ability to
9manage their resources. The preplacement report shall also
10include the information required by section 6344(b) (relating
11to [information relating to prospective child-care personnel]
12employees having contact with children; adoptive and foster 
13parents).

14* * *

15Section 2. Paragraph (13) of the definition of "child-care 
16services" and the definitions of "child protective services," 
17"cooperation with an investigation or assessment," "county 
18agency," "department," "indicated report," "protective 
19services," "recent act," "recent act or failure to act," 
20"secretary" and "subject of the report" in section 6303(a) of
21Title 23, amended April 7, 2014 (P.L.388, No.29) and May 14,
222014 (P.L.653, No.45), are amended to read:

23§ 6303. Definitions.

24(a) General rule.--The following words and phrases when used
25in this chapter shall have the meanings given to them in this
26section unless the context clearly indicates otherwise:

27* * *

28"Child-care services." Includes any of the following:

29* * *

30(13) Other child-care services that are provided by or

1subject to approval, licensure, registration or certification
2by the [Department of Public Welfare] department or a county
3social services agency or that are provided pursuant to a
4contract with the [Department of Public Welfare] department 
5or a county social services agency.

6"Child protective services." Those services and activities 
7provided by the [Department of Public Welfare] department and 
8each county agency for child abuse cases.

9* * *

10"Cooperation with an investigation or assessment." Includes, 
11but is not limited to, a school or school district which permits 
12authorized personnel from the [Department of Public Welfare] 
13department or county agency to interview a student while the 
14student is in attendance at school.

15"County agency." The county children and youth social 
16service agency established pursuant to section 405 of the act of 
17June 24, 1937 (P.L.2017, No.396), known as the County 
18Institution District Law, or its successor, and supervised by 
19the [Department of Public Welfare] department under Article IX 
20of the act of June 13, 1967 (P.L.31, No.21), known as the Public 
21Welfare Code.

22"Department." The Department of [Public Welfare] Human 
23Services of the Commonwealth.

24* * *

25"Indicated report."

26(1) Subject to paragraphs (2) and (3), a report of child
27abuse made pursuant to this chapter if an investigation by
28the [Department of Public Welfare] department or county
29agency determines that substantial evidence of the alleged
30abuse by a perpetrator exists based on any of the following:

1(i) Available medical evidence.

2(ii) The child protective service investigation.

3(iii) An admission of the acts of abuse by the
4perpetrator.

5(2) A report may be indicated under paragraph (1)(i) or
6(ii) for any child who is the victim of child abuse,
7regardless of the number of alleged perpetrators.

8(3) A report may be indicated under paragraph (1)(i) or
9(ii) listing the perpetrator as "unknown" if substantial
10evidence of abuse by a perpetrator exists, but the department
11or county agency is unable to identify the specific
12perpetrator.

13* * *

14"Protective services." Those services and activities 
15provided by the [Department of Public Welfare] department and 
16each county agency for children who are abused or are alleged to 
17be in need of protection under this chapter.

18"Recent act." Any act committed within two years of the date
19of the report to the [Department of Public Welfare] department
20or county agency.

21"Recent act or failure to act." Any act or failure to act 
22committed within two years of the date of the report to the 
23[Department of Public Welfare] department or county agency.

24* * *

25"Secretary." The Secretary of [Public Welfare] Human 
26Services of the Commonwealth.

27* * *

28"Subject of the report." Any child, parent, guardian or
29other person responsible for the welfare of a child or any
30alleged or actual perpetrator in a report made to the

1[Department of Public Welfare] department or a county agency
2under this chapter.

3* * *

4Section 3. Section 6311(b)(1) of Title 23, amended April 15,
52014 (P.L.414, No.32) and April 15, 2014 (P.L.417, No.33), is
6amended and subsection (a) is amended by adding a paragraph to
7read:

8§ 6311. Persons required to report suspected child abuse.

9(a)  Mandated reporters.--The following adults shall make a
10report of suspected child abuse, subject to subsection (b), if
11the person has reasonable cause to suspect that a child is a
12victim of child abuse:

13* * *

14(15) A foster parent.

15(b) Basis to report.--

16(1) A mandated reporter enumerated in subsection (a)
17shall make a report of suspected child abuse [or cause a
18report to be made] in accordance with section 6313 (relating
19to reporting procedure), if the mandated reporter has
20reasonable cause to suspect that a child is a victim of child
21abuse under any of the following circumstances:

22* * *

23Section 4. Section 6313 of Title 23 is amended by adding a
24subsection to read:

25§ 6313. Reporting procedure.

26* * *

27(e) Applicability of Mental Health Procedures Act.--
28Notwithstanding any other provision of law, a mandated reporter
29enumerated under 6311 (relating to persons required to report
30suspected child abuse) who makes a report of suspected child

1abuse pursuant to this section, or who makes a report of a crime
2against a child to law enforcement officials, shall not be in
3violation of the act of July 9, 1976 (P.L.817, No.143), known as 
4the Mental Health Procedures Act, by releasing information
5necessary to complete the report.

6Section 5. Section 6335(e) introductory paragraph of Title
723, amended April 7, 2014 (P.L.388, No.29), is amended to read:

8§ 6335. Access to information in Statewide database.

9* * *

10(e) Clearances.--Information provided in response to
11inquiries under section 6344 (relating to [information relating
12to prospective child-care personnel] employees having contact 
13with children; adoptive and foster parents), 6344.1 (relating to
14information relating to [family] certified or registered day-
15care home residents) or 6344.2 (relating to [information
16relating to other persons] volunteers having contact with
17children) shall not include unfounded reports of child abuse or
18reports related to general protective services and shall be
19limited to the following:

20* * *

21Section 6. Section 6338.1(a)(2) of Title 23 is amended to
22read:

23§ 6338.1. Expunction of information of perpetrator who was
24under 18 years of age when child abuse was committed.

25(a) General rule.--The name of a perpetrator who is the
26subject of an indicated report of child abuse and who was under
2718 years of age when the individual committed child abuse shall
28be expunged from the Statewide database when the individual
29reaches 21 years of age or when five years have elapsed since
30the perpetrator's name was added to the database, whichever is

1later, if the individual meets all of the following:

2* * *

3(2) The individual has never been convicted or
4adjudicated delinquent following a determination by the court
5that the individual committed an offense under section
66344(c) (relating to [information relating to prospective
7child-care personnel] employees having contact with children; 
8adoptive and foster parents), and no proceeding is pending
9seeking such conviction or adjudication.

10* * *

11Section 7. Sections 6339 and 6340(a)(9)(i) and (c) of Title
1223, amended April 7, 2014 (P.L.388, No.29), are amended to read:

13§ 6339. Confidentiality of reports.

14Except as otherwise provided in this subchapter or by the 
15Pennsylvania Rules of Juvenile Court Procedure, reports made 
16pursuant to this chapter, including, but not limited to, report 
17summaries of child abuse and reports made pursuant to section 
186313 (relating to reporting procedure) as well as any other 
19information obtained, reports written or photographs or X-rays 
20taken concerning alleged instances of child abuse in the 
21possession of the department or a county agency shall be 
22confidential.

23§ 6340. Release of information in confidential reports.

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

27* * *

28(9) Law enforcement officials of any jurisdiction, as
29long as the information is relevant in the course of
30investigating cases of:

1(i) Homicide or other criminal offense set forth in
2section 6344(c) (relating to [information relating to
3prospective child-care personnel] employees having 
4contact with children; adoptive and foster parents),
5sexual abuse or exploitation, bodily injury or serious
6bodily injury caused by a perpetrator or nonperpetrator.

7* * *

8(c) Protecting identity.--Except for reports under
9subsection (a)(9) and (10) and in response to a law enforcement 
10official investigating allegations of false reports under 18 
11Pa.C.S. § 4906.1 (relating to false reports of child abuse), the
12release of data by the department, county, institution, school, 
13facility or agency or designated agent of the person in charge
14that would identify the person who made a report of suspected
15child abuse or who cooperated in a subsequent investigation is
16prohibited [unless the department finds that the release will
17not be detrimental to the safety of the person]. Law enforcement
18officials shall treat all reporting sources as confidential
19informants.

20* * *

21Section 8. Section 6344 heading, (a), (b), (c)(3), (d)(3),
22(4), (5) and (6), (k), (l), (m), (n) and (p) of Title 23,
23amended May 14, 2014 (P.L.653, No.45), are amended, subsection
24(d) is amended by adding a paragraph and the section is amended
25by adding subsections to read:

26§ 6344. [Information relating to prospective child-care
27personnel] Employees having contact with children; 
28adoptive and foster parents.

29(a) Applicability.--[This section applies to all prospective
30employees of child-care services, prospective foster parents,

1prospective adoptive parents, prospective self-employed family
2day-care providers and other persons seeking to provide child-
3care services under contract with a child-care facility or
4program. This section also applies to individuals 14 years of
5age or older who reside in the home of a prospective foster
6parent for at least 30 days in a calendar year or who reside in
7the home of a prospective adoptive parent for at least 30 days
8in a calendar year. This section does not apply to
9administrative or other support personnel unless their duties
10will involve direct contact with children.] Beginning December 
1131, 2014, this section applies to the following individuals:

12(1) An employee of child-care services.

13(2) A foster parent.

14(3) A prospective adoptive parent.

15(4) A self-employed family day-care provider.

16(5) An individual 14 years of age or older applying for
17a paid position as an employee responsible for the welfare of
18a child or having direct contact with children.

19(6) Any individual seeking to provide child-care
20services under contract with a child-care facility or
21program.

22(7) An individual 18 years of age or older who resides
23in the home of a foster parent for at least 30 days in a
24calendar year or who resides in the home of a prospective
25adoptive parent for at least 30 days in a calendar year.

26(a.1) School employees.--This section shall apply to school
27employees as follows:

28(1) School employees governed by the provisions of the
29act of March 10, 1949 (P.L.30, No.14), known as the Public
30School Code of 1949, shall be subject to the provisions of

1section 111 of the Public School Code of 1949, except that
2this section shall apply with regard to the information
3required under subsection (b)(2).

4(2) School employees not governed by the provisions of
5the Public School Code of 1949 shall be governed by this
6section.

7(b) Information to be submitted.--An individual identified 
8in subsection [(a)(6)] (a)(7) at the time the individual meets 
9the description set forth in subsection [(a)(6)] (a)(7) and an 
10individual [applying to serve in any capacity] identified in 
11subsection (a)(1), (2), (3), (4) [or], (5) or (6) or (a.1) prior 
12to the commencement of employment or service shall be required 
13to submit the following information [obtained within the 
14preceding one-year period:] to an employer, administrator, 
15supervisor or other person responsible for employment decisions 
16or involved in the selection of volunteers:

17(1) Pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal
18history record information), a report of criminal history
19record information from the Pennsylvania State Police or a
20statement from the Pennsylvania State Police that the State
21Police central repository contains no such information
22relating to that person. The criminal history record
23information shall be limited to that which is disseminated
24pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to general
25regulations).

26(2) A certification from the department as to whether
27the applicant is named in the Statewide database as the
28alleged perpetrator in a pending child abuse investigation or
29as the perpetrator of a founded report [of child abuse] or an
30indicated report [of child abuse].

1(3) A report of Federal criminal history record
2information. The applicant shall submit a full set of
3fingerprints [in a manner prescribed by the department. The
4Commonwealth shall submit the fingerprints to the Federal
5Bureau of Investigation in order to obtain a report of
6Federal criminal history record information and serve as
7intermediary for the purposes of this section.] to the 
8Pennsylvania State Police for the purpose of a record check, 
9and the Pennsylvania State Police or its authorized agent 
10shall submit the fingerprints to the Federal Bureau of 
11Investigation for the purpose of verifying the identity of 
12the applicant and obtaining a current record of any criminal 
13arrests and convictions.

14[For the purposes of this subsection, an applicant may submit a
15copy of the information required under paragraphs (1) and (2)
16with an application for employment. Administrators shall
17maintain a copy of the required information and shall require
18applicants to produce the original document prior to
19employment.]

20(b.1) Required documentation to be maintained and
21produced.--The employer, administrator, supervisor or other 
22person responsible for employment decisions or acceptance of the
23individual to serve in any capacity identified in subsection (a)
24(1), (2), (3), (4), (5) or (6) or (a.1) shall maintain a copy of
25the required information and require the individual to produce
26the original document prior to employment or acceptance to serve
27in any such capacity, except as allowed under subsection (m).

28(b.2) Investigation.--An employer, administrator, supervisor
29or other person responsible for employment decisions shall
30require an applicant to submit the required documentation set

1forth in this chapter. An employer, administrator, supervisor or
2other person responsible for employment decisions that
3intentionally fails to require an applicant to submit the
4required documentation before the applicant's hiring commits a
5misdemeanor of the third degree.

6(c) Grounds for denying employment or participation in
7program, activity or service.--

8* * *

9(3) In no case shall an [administrator] employer, 
10administrator, supervisor or other person responsible for 
11employment decisions hire or approve an applicant if the 
12applicant's criminal history record information indicates the 
13applicant has been convicted of a felony offense under the 
14act of April 14, 1972 (P.L.233, No.64), known as The 
15Controlled Substance, Drug, Device and Cosmetic Act, 
16committed within the five-year period immediately preceding 
17verification under this section.

18(c.1) Dismissal.--If the information obtained pursuant to
19subsection (b) reveals that the applicant is disqualified from
20employment or approval pursuant to subsection (c), the applicant
21shall be immediately dismissed from employment or approval.

22(d) Prospective adoptive or foster parents.--With regard to
23prospective adoptive or prospective foster parents, the
24following shall apply:

25* * *

26[(3) Foster parents and any individual over 18 years of
27age residing in the home shall be required to submit the
28information set forth in subsection (b) every 24 months
29following approval for review by the foster family care
30agency in accordance with subsection (c).

1(4) Foster parents shall be required to report, within
248 hours, any change in information required pursuant to
3subsection (b) about themselves and any individuals over the
4age of 18 years residing in the home for review by the foster
5family care agency in accordance with subsection (c).]

6(4.1) If a foster parent is arrested for or convicted of
7an offense that would constitute grounds for denying approval
8under this chapter, or is named as a perpetrator in a founded
9or indicated report, the foster parent shall provide the
10foster family care agency with written notice not later than
1172 hours after the arrest, conviction or notification that
12the foster parent was named as a perpetrator in the Statewide
13database.

14(5) Foster parents shall be required to report any other
15change in the foster family household composition within 30
16days of the change for review by the foster family care
17agency. If any individual over 18 years of age, who has
18resided outside this Commonwealth at any time within the
19previous five-year period, begins residing in the home of an
20approved foster family, that individual shall, within 30 days
21of beginning residence, submit to the foster family care
22agency a certification obtained [within the previous one-year
23period] from the Statewide [central registry] database, or
24its equivalent in each state in which the person has resided
25within the previous five-year period, as to whether the
26person is named as a perpetrator [of child abuse]. If the
27certification shows that the person is named as a perpetrator
28[of child abuse] within the previous five-year period, the
29foster family care agency shall forward the certification to
30the department for review. If the department determines that

1the person is named as the equivalent of a perpetrator of a
2founded report [of child abuse] within the previous five-year
3period and the person does not cease residing in the home
4immediately, the [foster child or children shall immediately
5be removed from the home without a hearing.] county agency 
6shall immediately seek court authorization to remove the 
7foster child or children from the home. In emergency 
8situations when a judge cannot be reached, the county agency 
9shall proceed in accordance with the Pennsylvania Rules of 
10Juvenile Court Procedure.

11(6) In cases where foster parents knowingly fail to
12submit the material information required in paragraphs [(3),
13(4)] (4.1) and (5) and section 6344.4 (relating to 
14certification compliance) such that it would disqualify them
15as foster parents, the [child shall immediately be removed
16from the home without a hearing.] county agency shall 
17immediately seek court authorization to remove the foster 
18child or children from the home. In emergency situations when 
19a judge cannot be reached, the county agency shall proceed in 
20accordance with the Pennsylvania Rules of Juvenile Court 
21Procedure.

22* * *

23[(k) Existing or transferred employees.--A person employed
24in child-care services on July 1, 2008, shall not be required to
25obtain the information required in subsection (b) as a condition
26of continued employment. A person who has once obtained the
27information required under subsection (b) may transfer to
28another child-care service established and supervised by the
29same organization and shall not be required to obtain additional
30reports before making the transfer.

1(l) Temporary employees under special programs.--The
2requirements of this section do not apply to employees of child-
3care services who meet all the following requirements:

4(1) They are under 21 years of age.

5(2) They are employed for periods of 90 days or less.

6(3) They are a part of a job development or job training
7program funded, in whole or in part, by public or private
8sources.

9Once employment of a person who meets these conditions extends
10beyond 90 days, all requirements of this section shall take
11effect.]

12(m) Provisional employees for limited periods.--
13Notwithstanding subsection (b), [administrators] employers, 
14administrators, supervisors or other persons responsible for 
15employment decisions may employ applicants on a provisional
16basis for a single period not to exceed [30 days or, for out-of-
17State applicants, a period of] 90 days, if all of the following
18conditions are met:

19(1) The applicant has applied for the information
20required under subsection (b) and the applicant provides a
21copy of the appropriate completed request forms to the
22[administrator] employer, administrator, supervisor or other 
23person responsible for employment decisions.

24(2) The [administrator] employer, administrator, 
25supervisor or other person responsible for employment 
26decisions has no knowledge of information pertaining to the
27applicant which would disqualify him from employment pursuant
28to subsection (c).

29(3) The applicant swears or affirms in writing that he
30is not disqualified from employment pursuant to subsection

1(c)[.] or has not been convicted of an offense similar in 
2nature to those crimes listed in subsection (c) under the 
3laws or former laws of the United States or one of its 
4territories or possessions, another state, the District of 
5Columbia, the Commonwealth of Puerto Rico or a foreign 
6nation, or under a former law of this Commonwealth.

7(4) If the information obtained pursuant to subsection
8(b) reveals that the applicant is disqualified from
9employment pursuant to subsection (c), the applicant shall be
10immediately dismissed by the [administrator] employer, 
11administrator, supervisor or other person responsible for 
12employment decisions.

13(5) The [administrator] employer, administrator, 
14supervisor or other person responsible for employment 
15decisions requires that the applicant not be permitted to
16work alone with children and that the applicant work in the
17immediate vicinity of a permanent employee.

18(n) Confidentiality.--The information provided and compiled 
19under this section, including, but not limited to, the names, 
20addresses and telephone numbers of applicants and foster and 
21adoptive parents, shall be confidential and shall not be subject 
22to the act of [June 21, 1957 (P.L.390, No.212), referred to as 
23the Right-to-Know Law] February 14, 2008 (P.L.6, No.3), known as 
24the Right-to-Know Law. This information shall not be released 
25except as permitted by the department through regulation.

26* * *

27(p) Use of information.--A prospective adoptive parent may
28not be approved if the prospective adoptive parent or an
29individual [14] 18 years of age or older who resides for at
30least 30 days in a calendar year with the prospective adoptive

1parent meets either of the following:

2(1) Is named in the Statewide database as the
3perpetrator of a founded report committed within the five-
4year period immediately preceding verification pursuant to
5this section.

6(2) Has been found guilty of an offense listed in
7subsection (c).

8Section 9. Section 6344.1 heading and (a), (b) and (c) of
9Title 23, amended April 14, 2014 (P.L.388, No.29) and May 14,
102014 (P.L.653, No.45), are amended to read:

11§ 6344.1. Information relating to [family] certified or 
12registered day-care home residents.

13(a) General rule.--In addition to the requirements of
14section 6344 (relating to [information relating to prospective
15child-care personnel] employees having contact with children; 
16adoptive and foster parents), an individual who applies to the
17department for a certificate of compliance or a registration
18certificate to [operate a family day-care home] provide child 
19day care in a residence shall include criminal history record
20and child abuse record information required under section
216344(b) for every individual 18 years of age or older who
22resides in the home for at least 30 days in a calendar year.

23(b) Required information.--Child abuse record information
24required under subsection (a) shall include certification by the
25department as to whether the applicant is named in the Statewide
26database as the perpetrator of a founded report or an indicated
27report [of child abuse].

28(c) Effect on certification or registration.--The department
29shall refuse to issue or renew a certificate of compliance or
30registration certificate or shall revoke a certificate of
 

1compliance or registration certificate if the [family] day-care
2home provider or individual 18 years of age or older who has
3resided in the home for at least 30 days in a calendar year:

4(1) is named in the Statewide database [on child abuse
5established under Chapter 63 (relating to child protective
6services)] as the perpetrator of a founded report committed
7within the immediately preceding five-year period; or

8(2) has been convicted of an offense enumerated in
9section 6344(c).

10* * *

11Section 10. Section 6344.2 of Title 23, amended May 14, 2014
12(P.L.653, No.45), is amended to read:

13§ 6344.2. [Information relating to other persons] Volunteers 
14having contact with children.

15(a) Applicability.--[This section applies to prospective
16employees applying to engage in occupations with a significant
17likelihood of regular contact with children, in the form of
18care, guidance, supervision or training. Such persons include
19social service workers, hospital personnel, mental health
20professionals, members of the clergy, counselors, librarians and
21doctors.] This section applies to an adult applying for an 
22unpaid position as a volunteer responsible for the welfare of a 
23child or having direct contact with children.

24[(a.1) School employees.--This section shall apply to school
25employees as follows:

26(1) School employees governed by the provisions of the
27act of March 10, 1949 (P.L.30, No.14), known as the Public
28School Code of 1949, shall be subject to the provisions of
29section 111 of the Public School Code of 1949, except that
30this section shall apply with regard to the information

1required under section 6344(b)(2) (relating to information
2relating to prospective child-care personnel).

3(2) School employees not governed by the provisions of
4the Public School Code of 1949 shall be governed by this
5section.]

6(b) Investigation.--Employers, administrators [or],
7supervisors or other persons responsible for [employment 
8decisions or] selection of volunteers shall require an applicant
9to submit to all requirements set forth in section 6344(b)
10(relating to employees having contact with children; adoptive 
11and foster parents) except as provided in subsection (b.1). An
12employer, administrator, supervisor or other person responsible
13for [employment decisions or] selection of volunteers regarding
14an applicable prospective [employee or] volunteer under this
15section that intentionally fails to require the submissions
16before hiring that individual commits a misdemeanor of the third
17degree.

18(b.1) Exception.--

19(1)  A person responsible for the selection of volunteers
20under this chapter shall require an applicable prospective
21volunteer prior to the commencement of service to submit only
22the information under section 6344(b)(1) and (2), if the
23following apply:

24(i)  The position the prospective volunteer is
25applying for is unpaid.

26(ii)  The prospective volunteer has been a resident
27of this Commonwealth during the entirety of the previous
28ten-year period.

29(iii)  The prospective volunteer swears or affirms in
30writing that the prospective volunteer is not

1disqualified from service pursuant to section 6344(c) or
2has not been convicted of an offense similar in nature to
3those crimes listed in section 6344(c) under the laws or
4former laws of the United States or one of its
5territories or possessions, another state, the District
6of Columbia, the Commonwealth of Puerto Rico or a foreign
7nation, or under a former law of this Commonwealth.

8(2)  If the information obtained pursuant to section
96344(b) reveals that the prospective volunteer applicant is
10disqualified from service pursuant to section 6344(c), the
11applicant shall not be approved for service.

12(c) Grounds for denial.--Each [applicant] prospective 
13volunteer shall be subject to the requirements of section
146344(c).

15(d) Departmental treatment of information.--Information 
16provided and compiled under this section by the department shall 
17be confidential and shall not be subject to the act of [June 21, 
181957 (P.L.390, No.212), referred to as the Right-to-Know Law] 
19February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. 
20This information shall not be released except as permitted by 
21the department through regulation. The department may charge a 
22fee to conduct a certification as required by section 6344(b)(2) 
23in accordance with the provisions of section 6344(h). The 
24department shall promulgate regulations necessary to carry out 
25this subsection.

26(e) Construction.--Nothing in this section shall be
27construed to prohibit an organization from requiring additional
28information as part of the clearance process for volunteers who
29are responsible for the welfare of a child or have direct
30contact with children.

1(f) Provisional clearances for volunteers.--Employers,
2administrators, supervisors or other persons responsible for
3selection of volunteers may allow a volunteer to serve on a
4provisional basis for a single period not to exceed 30 days if
5the volunteer is in compliance with the clearance standards
6under the law of the jurisdiction where the volunteer is
7domiciled.

8Section 11. Title 23 is amended by adding sections to read:

9§ 6344.3. Continued employment or participation in program,
10activity or service.

11(a) (Reserved).

12(b) (Reserved).

13(c) (Reserved).

14(d) (Reserved).

15(e) Noninterference with decisions.--Nothing in this chapter
16shall be construed to otherwise interfere with the ability of an
17employer or program, activity or service to make employment,
18discipline or termination decisions or establishing additional
19clearance standards.

20(f) Transfer.--

21(1) Any person who has obtained the information required
22under this chapter may transfer or provide services to
23another subsidiary or branch established and supervised by
24the same organization, or serve in a volunteer capacity for
25any program, service or activity, during the length of time
26the person's certification is current pursuant to section
276344.4 (relating to certification compliance).

28(2) Any employee who begins employment with a new
29agency, institution, organization or other entity that is
30responsible for the care, supervision, guidance or control of

1children shall be required to obtain a new certification of
2compliance as required by this chapter.

3(g) Written notice of new arrest, conviction or
4substantiated child abuse.--

5(1) If an employee or volunteer subject to section 6344
6(relating to employees having contact with children; adoptive
7and foster parents) or 6344.2 (relating to volunteers having
8contact with children) is arrested for or convicted of an
9offense that would constitute grounds for denying employment
10or participation in a program, activity or service under this
11chapter, or is named as perpetrator in a founded or indicated
12report, the employee or volunteer shall provide the
13administrator or designee with written notice not later than
1472 hours after the arrest, conviction or notification that
15the person has been listed as a perpetrator in the Statewide
16database.

17(2) If the person responsible for employment decisions
18or the administrator of a program, activity or service has a
19reasonable belief that an employee or volunteer was arrested
20or convicted for an offense that would constitute grounds for
21denying employment or participation in a program, activity or
22service under this chapter, or was named as perpetrator in a
23founded or indicated report, or the employee or volunteer has
24provided notice as required under this section, the person
25responsible for employment decisions or administrator of a
26program, activity or service shall immediately require the
27employee or volunteer to submit current information as
28required under subsection 6344(b). The cost of the
29information set forth in subsection 6344(b) shall be borne by
30the employing entity or program, activity or service.

1(h) Effect of noncompliance.--An employee or volunteer who
2willfully fails to disclose information required by subsection
3(g)(1) commits a misdemeanor of the third degree and shall be
4subject to discipline up to and including termination or denial
5of employment or volunteer position.

6§ 6344.4.  Certification compliance.

7New certifications shall be obtained in accordance with the
8following:

9(1)  Effective December 31, 2014:

10(i) A person identified in section 6344 (relating to
11employees having contact with children; adoptive and
12foster parents) shall be required to obtain the
13certifications required by this chapter every 36 months.

14(ii) School employees identified in section 
156344(a.1)(1) shall be required to obtain reports under 
16section 111 of the act of March 10, 1949 (P.L.30, No.14), 
17known as the Public School Code of 1949, every 36 months.

18(iii) Any person identified in section 6344 with a
19current certification issued prior to the effective date
20of this section shall be required to obtain the
21certifications required by this chapter within 36 months
22from the date of their most recent certification, or, if
23the current certification is older than 36 months, within
24one year of the effective date of this section.

25(2) Effective July 1, 2015, a person identified in
26section 6344.2 (relating to volunteers having contact with
27children) shall be required to obtain the certifications
28required by this chapter every 36 months.

29Section 12. Section 6349(c) of Title 23 is amended to read:

30§ 6349. Penalties.

1* * *

2(c) Noncompliance with child-care personnel regulations.--An 
3administrator, or other person responsible for employment 
4decisions in a child-care facility or program, who willfully 
5fails to comply with the provisions of section 6344 (relating to 
6[information relating to prospective child-care personnel] 
7employees having contact with children; adoptive and foster 
8parents) commits a violation of this chapter and shall be 
9subject to a civil penalty as provided in this subsection. The 
10department shall have jurisdiction to determine violations of 
11section 6344 and may, following a hearing, assess a civil 
12penalty not to exceed $2,500. The civil penalty shall be payable 
13to the Commonwealth.

14Section 13. Section 6383(a.2) of Title 23, added April 15,
152014 (P.L.417, No.33), is amended to read:

16§ 6383. Education and training.

17* * *

18(a.2)  Information for mandated and permissive reporters.--

19* * *

20(3)  The department shall include the following with all
21certifications provided pursuant to section 6344(b)(2)
22(relating to [information relating to prospective child-care
23personnel] employees having contact with children; adoptive 
24and foster parents):

25(i)  Information that certain persons are required by
26law to report suspected child abuse.

27(ii)  The Internet address where the information and
28guidance required by this subsection can be obtained.

29(iii)  A telephone number and mailing address where
30guidance materials can be requested by individuals who

1cannot access the department's Internet website.

2* * *

3Section 14. Section 6351.1(a) of Title 42 is amended to
4read:

5§ 6351.1. Authority of court upon petition to remove child from
6foster parent.

7(a) Order required.--Notwithstanding sections 6324 (relating
8to taking into custody) and 6351(a) (relating to disposition of
9dependent child), if a county agency petitions the court for
10removal of a child because the foster parent has been convicted
11of an offense set forth in 23 Pa.C.S. § 6344(c) (relating to
12[information relating to prospective child-care personnel]
13employees having contact with children; adoptive and foster 
14parents), the court shall immediately enter an order removing
15the child from the foster parent.

16* * *

17Section 15.  The Department of Human Services, in conjunction
18with the Department of Education and the Pennsylvania Commission
19on Crime and Delinquency, shall conduct a study to analyze and
20make recommendations on employment bans for those having contact
21with children in this Commonwealth. The following apply:

22(1) The study shall include recommendations on all of
23the following:

24(i) Changes in permanent and temporary employment
25bans, which realign and make uniform the provisions of
26section 111 of the act of March 10, 1949 (P.L.30, No.14),
27known as the Public School Code of 1949, and 23 Pa.C.S.
28Ch. 63 with regard to employment bans, including the
29offenses relating to the welfare of a child to be
30included in any ban.

1(ii) An appeals process.

2(2) The Department of Human Services shall, by December
331, 2015, report the study's findings and recommendations to:

4(i) The chairman and minority chairman of the Aging
5and Youth Committee of the Senate.

6(ii) The chairman and minority chairman of the
7Public Health and Welfare Committee of the Senate.

8(iii) The chairman and minority chairman of the
9Children and Youth Committee of the House of
10Representatives.

11(iv) The chairman and minority chairman of the
12Health Committee of the House of Representatives.

13Section 16. This act shall take effect as follows:

14(1) The following provisions shall take effect
15immediately:

16(i) Section 15 of this act.

17(ii) This section.

18(2) The remainder of this act shall take effect December
1931, 2014.