1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, further providing for definitions, for
3immunity from liability, for complaint files and for
4amendment or expunction of information.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 6303(a) of Title 23 of the Pennsylvania
8Consolidated Statutes is amended by adding definitions to read:

9§ 6303. Definitions.

10(a) General rule.--The following words and phrases when used
11in this chapter shall have the meanings given to them in this
12section unless the context clearly indicates otherwise:

13* * *

14"Detention facility." A privately or publicly owned and
15operated facility that is designated by the court and approved
16by the Department of Public Welfare to detain a juvenile
17temporarily.

18"Detention facility employee." An individual employed by a

1detention facility. The term includes an independent contractor
2and employees.

3* * *

4"Private residential rehabilitative institution." The term
5shall have the same meaning as given to it in section 914.1-A(c)
6of the act of March 10, 1949 (P.L.30, No.14), known as the
7Public School Code of 1949.

8"Private residential rehabilitative institution employee."
9An individual employed by a private residential rehabilitative
10institution. The term includes an independent contractor and
11employees.

12* * *

13"School." A public or private school, intermediate unit or
14area vocational-technical school.

15* * *

16Section 2. Section 6318 of Title 23 is amended by adding a
17subsection to read:

18§ 6318. Immunity from liability.

19* * *

20(c) False reports.--Any person who intentionally makes a
21false report of suspected child abuse against a school, private
22residential rehabilitative institution, detention facility,
23school employee, private residential rehabilitative institution
24employee or detention facility employee commits a misdemeanor of
25the third degree.

26Section 3. Section 6331(2) of Title 23 is amended to read:

27§ 6331. Establishment of pending complaint file, Statewide
28central register and file of unfounded reports.

29There shall be established in the department:

30* * *

1(2) A Statewide central register of child abuse which
2shall consist of founded and indicated reports[.] and which 
3contains the following subfiles that shall be retained 
4indefinitely:

5(i) A subfile of the names of perpetrators of
6indicated and founded reports of child abuse if the
7individual's Social Security number or date of birth is
8known to the department.

9(ii) A subfile of the names of the persons who made
10an intentionally false report of suspected child abuse
11under section 6318(c) (relating to immunity from
12liability), including the name of the subject child,
13which shall only be made available to law enforcement,
14the department or the county agency investigating new
15allegations of suspected child abuse at a school, a
16private residential rehabilitative institution or a
17detention facility to determine the existence of a
18pattern of false reports of suspected child abuse on
19behalf of any one person or subject child.

20* * *

21Section 4. Section 6341(a)(2), (c) and (f) of Title 23 are
22amended and the section is amended by adding a subsection to
23read:

24§ 6341. Amendment or expunction of information.

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

26* * *

27(2) Any person named as a perpetrator, and any school
28employee, private residential rehabilitative institution 
29employee or detention facility employee named, in an
30indicated report of child abuse may, within 45 days of being

1notified of the status of the report, request the secretary
2to amend or expunge an indicated report on the grounds that
3it is inaccurate or it is being maintained in a manner
4inconsistent with this chapter.

5* * *

6(c) Review of refusal of request.--If the secretary refuses
7the request under subsection (a)(2) or does not act within a
8reasonable time, but in no event later than 30 days after
9receipt of the request, the perpetrator [or], school employee, 
10private residential rehabilitative institution employee or 
11detention facility employee shall have the right to a hearing
12before the secretary or a designated agent of the secretary to
13determine whether the summary of the indicated report in the
14Statewide central register should be amended or expunged on the
15grounds that it is inaccurate or that it is being maintained in
16a manner inconsistent with this chapter. The perpetrator [or],
17school employee, private residential rehabilitative institution 
18employee or detention facility employee shall have 45 days from
19the date of the letter giving notice of the decision to deny the
20request in which to request a hearing. The appropriate county
21agency and appropriate law enforcement officials shall be given
22notice of the hearing. The burden of proof in the hearing shall
23be on the appropriate county agency. The department shall assist
24the county agency as necessary.

25(c.1) Appeals from refusal of request.--

26(1) A school employee, private residential
27rehabilitative institution employee or detention facility
28employee who is named in an indicated report of suspected
29child abuse and who, under subsection (c), files an appeal
30shall be entitled to an initial hearing and ruling on the

1matter within 45 days of the date the appeal was received by
2the secretary. If a ruling on the matter is not issued within
345 days the report shall be marked unfounded and expunction
4shall be granted in accordance with the terms of this
5chapter.

6(2) The initial hearing shall be conducted before the
7secretary or the designated agent of the secretary for the
8purpose of determining whether credible and substantial
9evidence exists to support the determination made by the
10department or the county agency. All evidence gathered by the
11department or county agency as part of its investigation
12leading to a determination shall be disclosed to the
13appellant employee sufficiently in advance of the hearing so
14as to make the disclosure meaningful and shall be subject to
15cross-examination at the hearing. If the secretary or
16designee concludes that insufficient evidence exists to
17support the determination, the report shall be marked
18unfounded and expunction shall be granted in accordance with
19the terms of this chapter. If the secretary or designee
20concludes that sufficient evidence has been presented, the
21matter shall be scheduled for a full hearing on the merits.
22If a full hearing is necessary and the appellant is a private
23residential rehabilitative institution employee or detention
24facility employee, the secretary or designee shall also
25determine whether the appellant shall continue to work with
26children and under what, if any, restrictions shall be
27imposed based on the nature and extent of the evidence
28presented. Restrictions may only be imposed if, based on
29evidence presented, the appellant presents a danger to the
30subject child or other minors under his or her care.

1(3) The department or county agency shall bear the
2burden of proof at any hearing conducted before the secretary
3or designee.

4* * *

5(f) Notice of expunction.--Written notice of an expunction
6of any child abuse record made pursuant to the provisions of
7this chapter shall be served upon the subject of the record who
8was responsible for the abuse or injury and the appropriate
9county agency. Except as provided in this subsection, the county
10agency, upon receipt of the notice, shall take appropriate,
11similar action in regard to the local child abuse and school
12employee, private residential rehabilitative institution 
13employee or detention facility employee records and inform, for
14the same purpose, the appropriate coroner if that officer has
15received reports pursuant to section 6367 (relating to reports
16to department and coroner). Whenever the county agency
17investigation reveals, within 60 days of receipt of the report
18of suspected child abuse, that the report is unfounded but that
19the subjects need services provided or arranged by the county
20agency, the county agency shall retain those records and shall
21specifically identify that the report was an unfounded report of
22suspected child abuse. An unfounded report regarding subjects
23who receive services shall be expunged no later than 120 days
24following the expiration of one year after the termination or
25completion of services provided or arranged by the county
26agency.

27Section 5. This act shall take effect in 60 days.