1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child protective services, further
3providing for definitions <-and for disposition of founded and 
4indicated reports; and providing for expunction of 
5information of perpetrator who was under 18 years of age when 
6child abuse was committed.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. The definitions of "perpetrator" and "person
10responsible for the child's welfare" in section 6303(a) of Title
1123 of the Pennsylvania Consolidated Statutes are amended to
12read:

13§ 6303. Definitions.

14(a) General rule.--The following words and phrases when used
15in this chapter shall have the meanings given to them in this
16section unless the context clearly indicates otherwise:

17* * *

18"Perpetrator." A person who has committed child abuse [and
 

1is a parent of a child, a person responsible for the welfare of 
2a child, an individual residing in the same home as a child or a 
3paramour of a child's parent.] as defined in this section. The 
4following shall apply:

5(1) The term includes only the following:

6(i) A parent of the child.

7(ii) A spouse or former spouse of the child's
8parent.

9(iii) A paramour or former paramour of the child's
10parent.

11(iv) A person 14 years of age or older and
12responsible for the child's welfare.

13(v) An individual who is 14 years of age or older
14who resides in the same home as the child.

15(vi) An individual 18 years of age or older who does
16not reside in the same home as the child but is related
17within the third degree of consanguinity or affinity by
18birth or adoption to the child <-or the spouse, former
19spouse, paramour or former paramour of the child's
20parent.

21(2) Only the following may be considered a perpetrator
22for failing to act, as provided in this section:

23(i) A parent of the child.

24(ii) A spouse or former spouse of the child's
25parent.

26(iii) A paramour or former paramour of the child's
27parent.

28(iv) A person 18 years of age or older and
29responsible for the child's welfare.

30(v) A person 18 years of age or older who resides in

1the same home as the child.

2"Person responsible for the child's welfare." A person who
3provides permanent or temporary care, supervision, mental health
4diagnosis or treatment, training or control of a child in lieu
5of parental care, supervision and control. [The term does not
6include a person who is employed by or provides services or
7programs in any public or private school, intermediate unit or
8area vocational-technical school.] The term includes an
9individual who has direct or regular contact with a child
10through any program, activity or service sponsored by a school,
11for-profit organization or religious or other not-for-profit
12organization, regardless of where the child abuse occurs.

13* * *

<-14Section 2. This act shall take effect January 1, 2014.

<-15Section 2. Section 6338 of Title 23 is repealed:

16[§ 6338. Disposition of founded and indicated reports.

17(a) General rule.--When a report of suspected child abuse or
18a report under Subchapter C.1 (relating to students in public
19and private schools) is determined by the appropriate county
20agency to be a founded report or an indicated report, the
21information concerning that report of suspected child abuse
22shall be expunged immediately from the pending complaint file,
23and an appropriate entry shall be made in the Statewide central
24register. Notice of the determination must be given to the
25subjects of the report, other than the abused child, and to the
26parent or guardian of the affected child or student along with
27an explanation of the implications of the determination. Notice
28given to perpetrators of child abuse and to school employees who
29are subjects of indicated reports for school employees or
30founded reports for school employees shall include notice that

1their ability to obtain employment in a child-care facility or
2program or a public or private school may be adversely affected
3by entry of the report in the Statewide central register. The
4notice shall also inform the recipient of his right, within 45
5days after being notified of the status of the report, to appeal
6an indicated report, and his right to a hearing if the request
7is denied.

8(b) Expunction of information when child attains 23 years of
9age.--Except as provided in subsection (c), all information
10which identifies the subjects of founded and indicated child
11abuse reports shall be expunged when the subject child reaches
12the age of 23. The expunction shall be mandated and guaranteed
13by the department.

14(c) Retention of information.--A subfile shall be
15established in the Statewide central register to indefinitely
16retain the names of perpetrators of child abuse and school
17employees who are subjects of founded or indicated reports only
18if the individual's Social Security number or date of birth is
19known to the department. The subfile shall not include
20identifying information regarding other subjects of the report.]

21Section 3. Title 23 is amended by adding a section to read:

22§ 6338.1. Expunction of information of perpetrator who was 
23under 18 years of age when child abuse was committed.

24(a) General rule.--The name of a perpetrator who is the
25subject of an indicated report of child abuse and who was under
2618 years of age when the individual committed child abuse shall
27be expunged from the Statewide central register when the
28individual reaches 21 years of age or when five years have
29elapsed since the perpetrator's name was added to the central
30register, whichever is later, if the individual meets all of the

1following:

2(1) The individual has not been named as a perpetrator
3in any subsequent founded or indicated report of child abuse
4and is not the subject of a child abuse report in the pending
5complaint file.

6(2) The individual has never been convicted or
7adjudicated delinquent following a determination by the court
8that the individual committed an offense under section
96344(c) (relating to grounds for denying employment) and no
10proceeding is pending seeking such conviction or
11adjudication.

12(3) The child abuse which resulted in the inclusion of 
13the perpetrator's name in the central register did not 
14involve the use of a deadly weapon, as defined under 18 
15Pa.C.S. § 2301 (relating to definitions).

16(b) Mandated expunction.--If the perpetrator meets all of
17the requirements under subsection (a), the expunction shall be
18mandated and guaranteed by the department.

19(c) Nonapplicability.--The provisions of this section shall
20not apply to any of the following cases:

21(1) A perpetrator who is the subject of a founded report
22of child abuse.

23(2) A sexually violent delinquent child, as defined in
2442 Pa.C.S. § 9799.12 (relating to definitions), who meets all
25of the following:

26(i) Is required to register under 42 Pa.C.S. Ch. 97
27Subch. H (relating to registration of sexual offenders).

28(ii) Was found delinquent as a result of the same
29acts which resulted in the sexually violent delinquent
30child being named a perpetrator of child abuse.

1(3) A juvenile offender, as defined in 42 Pa.C.S. §
29799.12 who meets all of the following:

3(i) Is required to register under 42 Pa.C.S. Ch. 97
4Subch. H as a result of an adjudication of delinquency
5for the same acts which resulted in the juvenile offender
6being named a perpetrator of child abuse.

7(ii) Has not been removed from the Statewide
8Registry of Sexual Offenders pursuant to 42 Pa.C.S. §
99799.17 (relating to termination of period of
10registration for juvenile offenders).

11(4) A sexual offender, as defined in 42 Pa.C.S. §
129799.12, who meets all of the following:

13(i) Is required to register under 42 Pa.C.S. Ch. 97
14Subch. H as a result of a criminal conviction for the
15same acts which resulted in the sexual offender being
16named a perpetrator of child abuse.

17(ii) Has not completed the period of registration
18required under 42 Pa.C.S. § 9799.15 (relating to period
19of registration).

20Section 4. This act shall take effect January 1, 2014.