<-1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child protective services, further
3providing for persons required to report suspected child
4abuse, for persons permitted to report suspected child abuse,
5for reporting procedure, for documentary evidence on a child
6subject to report and for taking child into protective
7custody.

<-8Amending Title 23 (Domestic Relations) of the Pennsylvania
9Consolidated Statutes, in provisions and responsibilities for
10reporting suspected child abuse, further providing for
11definitions and for persons required to report suspected
12child abuse; providing for privileged communications; further
13providing for persons permitted to report suspected child
14abuse, for reporting procedure, for documentary evidence on a
15child subject to report and for taking child into protective
16custody; and, in organization and responsibilities of child
17protective service, repealing provisions relating to taking
18child into protective custody.

19The General Assembly of the Commonwealth of Pennsylvania
20hereby enacts as follows:

<-21Section 1. Sections 6311, 6312, 6313 and 6314 of Title 23 of
22the Pennsylvania Consolidated Statutes are amended to read:

<-23Section 1. Section 6303(a) of Title 23 of the Pennsylvania
24Consolidated Statutes is amended by adding definitions to read:

1§ 6303. Definitions.

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

5* * *

6"Direct contact with children." The care, supervision,
7guidance or control of children, or routine interaction with
8children.

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 responsible for the
14care, supervision, guidance or control of children. The term
15does not include an individual who has no direct contact with
16children.

17* * *

18"Mandated reporter." A person who is required by this
19chapter to make a report of suspected child abuse.

20* * *

21"Program, activity or service." A public or private
22educational, athletic or other pursuit in which children
23participate. The term includes, but is not limited to, the
24following:

25(1) A youth camp or program.

26(2) A recreational camp or program.

27(3) A sports or athletic program.

28(4) An outreach program.

29(5) An enrichment program.

30(6) A troop, club or similar organization.

1* * *

2Section 2. Section 6311 of Title 23 is amended to read:

3§ 6311. Persons required to report suspected child abuse.

4[(a) General rule.--A person who, in the course of
5employment, occupation or practice of a profession, comes into
6contact with children shall report or cause a report to be made
7in accordance with section 6313 (relating to reporting
8procedure) when the person has reasonable cause to suspect, on
9the basis of medical, professional or other training and
10experience, that a child under the care, supervision, guidance
11or training of that person or of an agency, institution,
12organization or other entity with which that person is
13affiliated is a victim of child abuse, including child abuse by
14an individual who is not a perpetrator. Except with respect to
15confidential communications made to a member of the clergy which
16are protected under 42 Pa.C.S. § 5943 (relating to confidential
17communications to clergymen), and except with respect to
18confidential communications made to an attorney which are
19protected by 42 Pa.C.S. § 5916 (relating to confidential
20communications to attorney) or 5928 (relating to confidential
21communications to attorney), the privileged communication
22between any professional person required to report and the
23patient or client of that person shall not apply to situations
24involving child abuse and shall not constitute grounds for
25failure to report as required by this chapter.

26(b) Enumeration of persons required to report.--Persons
27required to report under subsection (a) include, but are not
28limited to, any licensed physician, osteopath, medical examiner,
29coroner, funeral director, dentist, optometrist, chiropractor,
30podiatrist, intern, registered nurse, licensed practical nurse,

1hospital personnel engaged in the admission, examination, care
2or treatment of persons, Christian Science practitioner, member
3of the clergy, school administrator, school teacher, school
4nurse, social services worker, day-care center worker or any
5other child-care or foster-care worker, mental health
6professional, peace officer or law enforcement official.

7(c) Staff members of institutions, etc.--Whenever a person
8is required to report under subsection (b) in the capacity as a
9member of the staff of a medical or other public or private
10institution, school, facility or agency, that person shall
11immediately notify the person in charge of the institution,
12school, facility or agency or the designated agent of the person
13in charge. Upon notification, the person in charge or the
14designated agent, if any, shall assume the responsibility and
15have the legal obligation to report or cause a report to be made
16in accordance with section 6313. This chapter does not require
17more than one report from any such institution, school, facility
18or agency.

19(d) Civil action for discrimination against person filing
20report.--Any person who, under this section, is required to
21report or cause a report of suspected child abuse to be made and
22who, in good faith, makes or causes the report to be made and,
23as a result thereof, is discharged from his employment or in any
24other manner is discriminated against with respect to
25compensation, hire, tenure, terms, conditions or privileges of
26employment, may commence an action in the court of common pleas
27of the county in which the alleged unlawful discharge or
28discrimination occurred for appropriate relief. If the court
29finds that the person is an individual who, under this section,
30is required to report or cause a report of suspected child abuse

1to be made and who, in good faith, made or caused to be made a
2report of suspected child abuse and, as a result thereof, was
3discharged or discriminated against with respect to
4compensation, hire, tenure, terms, conditions or privileges of
5employment, it may issue an order granting appropriate relief,
6including, but not limited to, reinstatement with back pay. The
7department may intervene in any action commenced under this
8subsection.]

<-9(a) Basis to report.--

10(1) Subject to paragraphs (2) and (3) and subsection
11(b), a person under subsection (b) shall make a report of
12suspected child abuse, or cause a report of suspected child
13abuse to be made, under this chapter if the person has
14reasonable cause to suspect that the child is a victim of
15child abuse, and:

16(i) in the course of employment, occupation or
17practice of a profession, the person comes in contact
18with the child; or

19(ii) the person is directly responsible for the
20care, supervision, guidance or training of the child.

21(2) The child need not come before the person in order
22for the person to make a report of suspected child abuse or
23cause a report of suspected child abuse to be made.

24(3) The identity of the perpetrator of child abuse need
25not be known by the person required to make a report of
26suspected child abuse or cause a report of suspected child
27abuse to be made. The person shall not be required to attempt
28to identify the perpetrator prior to making the report or
29causing the report to be made.

30(b) Enumerated mandated reporters.--Subject to subsection

1(a), the following persons shall make a report of suspected
2child abuse, or cause a report of suspected child abuse to be
3made, under this chapter:

4(1) A person licensed to practice in any health-related
5field under the jurisdiction of the Department of State.

6(2) A medical examiner, coroner or funeral director.

7(3) A health care facility or provider licensed by the
8Department of Health and its employees engaged in the
9admission, examination, care or treatment of individuals.

10(4) A school administrator, teacher, nurse, guidance
11counselor, coach or other school employee or an independent
12contractor of the school with direct responsibility for
13children.

14(5) A child-care services provider and employees with
15direct responsibility for children.

16(6) A clergyman, priest, rabbi, minister, Christian
17Science practitioner, religious healer or spiritual leader of
18any regularly established church or other religious
19organization.

20(7) An individual, paid or unpaid, who, on the basis of
21the individual's direct responsibility for children, accepts
22responsibility for a child.

23(8) A social services worker.

24(9) A peace officer or law enforcement official.

25(10) An emergency medical services provider certified by
26the Department of Health.

27(c) Disclosure of child abuse by individual.--
28Notwithstanding subsection (a)(1), a mandated reporter shall
29make a report of suspected child abuse or cause a report of
30suspected child abuse to be made if:

1(1) a child makes a specific disclosure to the mandated
2reporter that the child or a relative or friend of the child
3is the victim of child abuse; and

4(2) the mandated reporter has reasonable cause to
5suspect that the child abuse has occurred.

6(d) Reports by employees.--

7(1) If a person is required to report under this
8section, the person shall immediately report the suspected
9child abuse directly to the department by telephone or
10electronically. A mandated reporter may delegate the direct
11reporting to the department by telephone to an employee. The
12employee of a mandated reporter must notify the mandated
13reporter of the completion of the report.

14(2) A mandated reporter or his employee may not:

15(i) obstruct, prevent or delay the forwarding of a
16report of suspected child abuse; or

17(ii) modify, edit or otherwise change the substance
18of a report of suspected child abuse.

19(3) Delegation to an employee under paragraph (1) shall
20not relieve the mandatory reporter of the obligation as a
21mandated reporter to make a report under section 6313
22(relating to reporting procedure).

23(4) Confirmation from the department that a report of
24suspected child abuse has been filed shall relieve other
25employees and independent contractors of the obligation to
26make a report of suspected child abuse or cause a report of
27suspected child abuse to be made.

28(e) Privileged communications.--

29(1) Subject to paragraphs (2) and (4), the privileged
30communication between a mandated reporter and a patient or

1client of the mandated reporter shall not:

2(i) apply to a situation involving child abuse; and

3(ii) constitute grounds for failure to make a report
4of suspected child abuse or cause a report of suspected
5child abuse to be made.

6(2) Confidential communications made to a member of the
7clergy are protected under 42 Pa.C.S. § 5943 (relating to
8confidential communications to clergymen), but only to the
9extent that the member of the clergy is authorized to hear
10the communications under the disciplines, tenets or
11traditions of the religion of the member of the clergy.

12(3) Confidential communications made to an attorney that
13are protected under 42 Pa.C.S. § 5916 (relating to
14confidential communications to attorney) or 5928 (relating to
15confidential communications to attorney) are privileged under
16this chapter.

17(4) Confidential communications between spouses shall
18not be privileged under this chapter notwithstanding any
19grant of privilege under 42 Pa.C.S. § 5914 (relating to
20confidential communications between spouses) or 5923
21(relating to confidential communications between spouses).

22(f) Limited exemption.--A sexual assault counselor at a rape
23crisis center, as defined under 42 Pa.C.S. § 5945.1(a) (relating
24to confidential communications with sexual assault counselors),
25shall not be required to report a violation of 18 Pa.C.S. §
263122.1(a)(1) (relating to statutory sexual assault) as child
27abuse under this chapter when the child who would otherwise be
28the subject of a report of suspected child abuse is 14 years of
29age or older.

<-30(a) Mandated reporters.--The following adults shall make a

1report of suspected child abuse, subject to subsection (b), if
2the person has reasonable cause to suspect that a child is a
3victim of child abuse:

4(1)  A person licensed or certified to practice in any
5health-related field under the jurisdiction of the Department
6of State.

7(2) A medical examiner, coroner or funeral director.

8(3)  An employee of a health care facility or provider
9licensed by the Department of Health engaged in the
10admission, examination, care or treatment of individuals.

11(4)  A school administrator, teacher, nurse, guidance
12counselor, coach or other school employee.

13(5)  A child-care services provider.

14(6)  A clergyman, priest, rabbi, minister, Christian
15Science practitioner, religious healer or spiritual leader of
16any regularly established church or other religious
17organization.

18(7)  An individual paid or unpaid, who, on the basis of
19the individual's role as an integral part of a regularly
20scheduled program, activity or service, accepts
21responsibility for a child.

22(8)  A social services worker.

23(9)  A peace officer or law enforcement official.

24(10)  An emergency medical services provider certified by
25the Department of Health.

26(11)  An individual supervised or managed by a person
27listed under paragraph (1), (2), (3), (4), (5), (6), (7),
28(8), (9) or (10), who has direct contact with children in the
29course of employment.

30(12)  An independent contractor.

1(b)  Basis to report.--

2(1) Any of the following circumstances shall require a
3mandated reporter under subsection (a), with reasonable cause
4to suspect that a child is a victim of child abuse, to make a
5report in accordance with section 6313 (relating to reporting
6procedure):

7(i)  The mandated reporter comes into contact with
8the child in the course of employment, occupation and
9practice of a profession or through a regularly scheduled
10program, activity or service.

11(ii)  The mandated reporter is directly responsible
12for the care, supervision, guidance or training of the
13child, or is affiliated with an agency, institution,
14organization, school, regularly established church or
15religious organization or other entity that is directly
16responsible for the care, supervision, guidance or
17training of the child.

18(iii)  A person makes a specific disclosure to the
19mandated reporter that an identifiable child is the
20victim of child abuse.

21(iv) An individual 14 years of age or older makes a
22specific disclosure to the mandated reporter that the
23individual has committed child abuse.

24(2) Nothing in this section shall require a child to
25come before the mandated reporter in order for the mandated
26reporter to make a report of suspected child abuse.

27(3) Nothing in this section shall require the mandated
28reporter to identify the perpetrator of child abuse to make a
29report of suspected child abuse.

30Section 3. Title 23 is amended by adding a section to read:

1§ 6311.1. Privileged communications.

2(a)  General rule.--Subject to subsection (b), the privileged
3communications between a mandated reporter and a patient or
4client of the mandated reporter shall not:

5(1)  Apply to a situation involving child abuse.

6(2) Relieve the mandated reporter of the duty to make a
7report of suspected child abuse.

8(b)  Confidential communications.--The following protections
9shall apply:

10(1) Confidential communications made to a member of the
11clergy are protected under 42 Pa.C.S. § 5943 (relating to
12confidential communications to clergymen).

13(2) Confidential communications made to an attorney are
14subject to 42 Pa.C.S. §§ 5916 (relating to confidential
15communications to attorney) and 5928 (relating to
16confidential communications to attorney), but only to the
17extent that such communications are protected under the rules
18of professional conduct for attorneys.

19Section 4. Sections 6312, 6313 and 6314 of Title 23 are
20amended to read:

21§ 6312. Persons [permitted] encouraged to report suspected
22child abuse.

23[In addition to those persons and officials required to
24report suspected child abuse, any] Any person may make [such a
25report] an oral or <-electronic report of suspected child abuse, 
26or cause an oral or electronic report of suspected child abuse 
27to be made to the department, county <-written report of suspected 
28child abuse, which may be submitted electronically, or cause a 
29report of suspected child abuse to be made to the department, 
30county agency or law enforcement, if that person has reasonable

1cause to suspect that a child is [an abused child<-] a victim of 
2child abuse.

3§ 6313. Reporting procedure.

4[(a) General rule.--Reports from persons required to report
5under section 6311 (relating to persons required to report
6suspected child abuse) shall be made immediately by telephone
7and in writing within 48 hours after the oral report.

8(b) Oral reports.--Oral reports shall be made to the
9department pursuant to Subchapter C (relating to powers and
10duties of department) and may be made to the appropriate county
11agency. When oral reports of suspected child abuse are initially
12received at the county agency, the protective services staff
13shall, after seeing to the immediate safety of the child and
14other children in the home, immediately notify the department of
15the receipt of the report, which is to be held in the pending
16complaint file as provided in Subchapter C. The initial child
17abuse report summary shall be supplemented with a written report
18when a determination is made as to whether a report of suspected
19child abuse is a founded report, an unfounded report or an
20indicated report.

21(c) Written reports.--Written reports from persons required
22to report under section 6311 shall be made to the appropriate
23county agency in a manner and on forms the department prescribes
24by regulation. The written reports shall include the following
25information if available:

26(1) The names and addresses of the child and the parents
27or other person responsible for the care of the child if
28known.

29(2) Where the suspected abuse occurred.

30(3) The age and sex of the subjects of the report.

1(4) The nature and extent of the suspected child abuse,
2including any evidence of prior abuse to the child or
3siblings of the child.

4(5) The name and relationship of the person or persons
5responsible for causing the suspected abuse, if known, and
6any evidence of prior abuse by that person or persons.

7(6) Family composition.

8(7) The source of the report.

9(8) The person making the report and where that person
10can be reached.

11(9) The actions taken by the reporting source, including
12the taking of photographs and X-rays, removal or keeping of
13the child or notifying the medical examiner or coroner.

14(10) Any other information which the department may
15require by regulation.

16(d) Failure to confirm oral report.--The failure of a person
17reporting cases of suspected child abuse to confirm an oral
18report in writing within 48 hours shall not relieve the county
19agency from any duties prescribed by this chapter. In such
20event, the county agency shall proceed as if a written report
21were actually made.]

22(a) Report by mandated reporter.--

23(1) <-A report of suspected child abuse by or on behalf of
24a mandated reporter shall be made immediately to the
25department by telephone or electronically. <-A mandated
26reporter shall immediately make an oral or written report,
27which may be submitted electronically, of suspected child
28abuse to the department.

29(2) A mandated reporter making <-a report under paragraph
30(1) of suspected child abuse shall also make a report in

1writing or electronically within 48 hours to the county
2agency assigned to the case in a manner and format that the
3department prescribes by regulation. <-an oral report under
4paragraph (1) of suspected child abuse shall also make a
5written report, which may be submitted electronically, within
648 hours to the department or county agency assigned to the
7case in a manner and format prescribed by the department.

8(3) The failure of the mandated reporter to file the
9report <-in writing or electronically under paragraph (2) shall
10not relieve the county agency from any duty under this
11chapter, and the county agency shall proceed as though the
12mandated reporter complied with paragraph (2).

13(b) Contents of report.--A <-written report of suspected child
14abuse <-that is made in writing or electronically, which may be
15submitted electronically, shall include the following
16information, if known:

17(1) The names and addresses of the child, the child's
18parents and any other person responsible for the child's
19welfare.

20(2) Where the suspected abuse occurred.

21(3) The age and sex of each subject of the report.

22(4) The nature and extent of the suspected child abuse,
23including any evidence of prior abuse to the child or any
24sibling of the child.

25(5) The name and relationship of each individual
26responsible for causing the suspected abuse and any evidence
27of prior abuse by each individual.

28(6) Family composition.

29(7) The source of the report.

30(8) The person making the report and where that person

1can be reached.

2(9) The actions taken by the person making the report,
3including those actions taken under section 6314 (relating to
4photographs, medical tests and X-rays of child subject to
5report), 6315 (relating to taking child into protective
6custody), 6316 (relating to admission to private and public
7hospitals) or 6317 (relating to mandatory reporting and
8postmortem investigation of deaths).

<-9(10) Any other information required by Federal law or
10regulation.

<-11(10) (11) Any other information that the department
12requires by regulation.

13§ 6314. Photographs, medical tests and X-rays of child subject
14to report.

15A person or official required to report cases of suspected
16child abuse may take or cause to be taken photographs of the
17child who is subject to a report and, if clinically indicated,
18cause to be performed a radiological examination and other
19medical tests on the child. Medical summaries or reports of the
20photographs, X-rays and relevant medical tests taken shall be
21sent to the county agency at the time the written report is sent
22or within 48 hours after a report is made by <-advanced 
23communication <-electronic technologies or as soon thereafter as
24possible. The county agency shall have access to actual
25photographs or duplicates and X-rays and may obtain them or
26duplicates of them upon request. <-Medical summaries or reports of 
27the photographs, x-rays and relevant medical tests shall be made 
28available to law enforcement officials in the course of 
29investigating cases pursuant to section 6340(a)(9) or (10).

30Section <-2 5. Section 6315(a) of Title 23 is amended by

1adding a paragraph to read:

2§ 6315. Taking child into protective custody.

3(a) General rule.--A child may be taken into protective
4custody:

5* * *

6(4) Subject to this section and after receipt of a court
7order, the county agency shall take a child into protective
8custody for protection from abuse. No county agency worker
9may take custody of the child without judicial authorization
10based on the merits of the situation.

11* * *

<-12Section 6. Section 6369 of Title 23 is repealed:

13[§ 6369. Taking child into protective custody.

14Pursuant to the provisions of section 6315 (relating to
15taking child into protective custody) and after receipt of a
16court order, the county agency shall take a child into
17protective custody for protection from abuse. No county agency
18worker may take custody of the child without judicial
19authorization based on the merits of the situation.]

20Section 3 7. This act shall take effect <-in 60 days January 
211, 2014.