1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child protective services, further
3providing for establishment of pending complaint file,
4Statewide central register and file of unfounded reports;
5providing for access to information in Statewide database;
6and further providing for information in Statewide central
7register and for disposition of founded and indicated
8reports.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Section 6331 of Title 23 of the Pennsylvania
12Consolidated Statutes is amended to read:

13§ 6331. Establishment of [pending complaint file, Statewide
14central register and file of unfounded reports]
15Statewide database of protective services.

16[There shall be established in the department:

17(1) A pending complaint file of child abuse reports
18under investigation and a file of reports under investigation
19pursuant to Subchapter C.1 (relating to students in public

1and private schools).

2(2) A Statewide central register of child abuse which
3shall consist of founded and indicated reports.

4(3) A file of unfounded reports awaiting expunction.]

5(a) Establishment.--The department shall establish and
6maintain a secure Statewide database to register protective
7services cases involving reports of child abuse and children in
8need of general protective services.

9(b) Information authorized.--Information in the Statewide
10database shall include only the following:

11(1) The name, Social Security number, age and sex of the
12subject of the report.

13(2) Date relating to the nature of each alleged
14occurrence that created the need for protective services.

15(3) The home address of the subject of the report.

16(4) The county in which each alleged occurrence that
17created the need for protective services occurred.

18(5) Family composition.

19(6) The name and relationship to the child of other
20individuals named in the report.

21(7) Other factors contributing to the need for
22protective services.

23(8) The source of the report.

24(9) Services planned or provided.

25(10) If a report alleges child abuse, whether the report
26was determined to be founded, indicated or unfounded.

27(11) Whether protective services were provided and if
28protective services were not provided, the reason and whether
29the family was referred for other community services.

30(12) Information obtained by the department relating to

1a perpetrator's request to release, amend or expunge
2information retained by the department or county agency.

3(13) The progress of a legal proceeding brought on the
4basis of the report.

5(14) Details relating to any criminal investigation
6undertaken.

7(15) If an unfounded report is the result of a false
8report, a notation of the false report and the status of the
9report.

10(16) Additional information provided in section 6313(c)
11(relating to reporting procedure).

12(17) With respect to cases that do not result in a child
13abuse investigation, the provision of general protective
14services assessment or a referral for community services:

15(i) The reasons the report was not accepted.

16(ii) Information provided to the referral source or
17the family related to other services or options available
18to address the report or complaint.

19Section 2. Title 23 is amended by adding a section to read:

20§ 6335.1. Access to information in Statewide database.

21(a) Use for assessment or investigation.--Upon receipt of a
22report or complaint of child abuse, a county agency or law
23enforcement agency shall use the Statewide toll-free telephone
24number to determine the existence of any prior reports or
25complaints involving a subject of the report. If the Statewide
26database contains information indicating a prior report or
27complaint or a pending investigation concerning a subject of the
28report, the department shall immediately convey this information
29to the county agency or law enforcement agency.

30(b) Use.--A county agency or law enforcement agency may only

1request the information under subsection (a) for the purposes of
2assessing and investigating reports or complaints of child abuse
3or allegations that a child is in need of general protective
4services:

5(1) following receipt of a report or complaint of
6suspected child abuse or an allegation that a child is in
7need of general protective services; or

8(2) on behalf of the following individuals, if that
9individual suspects that a child is a victim of child abuse
10or has reason to believe that a child is in need of general
11protective services:

12(i) A physician examining or treating a child.

13(ii) The director of a hospital or a person
14specifically designated in writing by the director of a
15hospital or other medical institution where a child is
16being treated.

17(c) Authorized releases for governmental functions.--No
18person, other than an employee of the department in the course
19of official duties in connection with the responsibilities of
20the department under this chapter, shall have access to any
21information in the Statewide database except as provided under
22this section and the following:

23(1) Section 6323 (relating to disposition of initial
24reports).

25(2) Section 6340 (relating to release of information in
26confidential reports).

27(3) Section 6342 (relating to studies of data in
28records).

29(d) Clearances.--Information provided in response to
30inquiries under section 6344 (relating to information relating

1to prospective child-care personnel), 6344.1 (relating to
2information relating to family day-care home residents) or
36344.2 (relating to information relating to other persons having
4contact with children) shall be limited to the following:

5(1) Whether the person was named as a perpetrator of
6child abuse in a founded or indicated report.

7(2) Whether there is an investigation pending in which
8the individual is an alleged perpetrator.

9(3) The number, date of the incidents upon which the
10report is based and the type of abuse or neglect involved in
11any reports identified under paragraph (1).

12(e) Requests using advanced communication technologies.--
13Requests under this section may be made using advanced
14communication technologies, if appropriate verification is made
15in accordance with section 6322(d) (relating to report
16reception).

17Section 3. Sections 6336 and 6338 of Title 23 are repealed:

18[§ 6336. Information in Statewide central register.

19(a) Information authorized.--The Statewide central register
20shall include and shall be limited to the following information:

21(1) The names, Social Security numbers, age and sex of
22the subjects of the reports.

23(2) The date or dates and the nature and extent of the
24alleged instances of suspected child abuse.

25(3) The home addresses of the subjects of the report.

26(4) The county in which the suspected abuse occurred.

27(5) Family composition.

28(6) The name and relationship to the abused child of
29other persons named in the report.

30(7) Factors contributing to the abuse.

1(8) The source of the report.

2(9) Services planned or provided.

3(10) Whether the report is a founded report or an
4indicated report.

5(11) Information obtained by the department in relation
6to a perpetrator's or school employee's request to release,
7amend or expunge information retained by the department or
8the county agency.

9(12) The progress of any legal proceedings brought on
10the basis of the report of suspected child abuse.

11(13) Whether a criminal investigation has been
12undertaken and the result of the investigation and of any
13criminal prosecution.

14No information other than that permitted in this subsection
15shall be retained in the Statewide central register.

16(b) Type of information released.--Except as provided in
17sections 6334 (relating to disposition of complaints received),
186335 (relating to information in pending complaint and unfounded
19report files), 6340 (relating to release of information in
20confidential reports) and 6342 (relating to studies of data in
21records), persons receiving information from the Statewide
22central register or pending complaint file may be informed only
23as to:

24(1) Whether the report is a founded or indicated abuse
25or is under investigation.

26(2) The number of such reports.

27(3) The nature and extent of the alleged or actual
28instances of suspected child abuse.

29(4) The county in which the reports are investigated.

30(5) Any other information available which would further

1the purposes of this chapter.

2(c) Limitation on release of information.--Except as
3provided in sections 6334, 6335, 6340 and 6342, no information
4shall be released from the Statewide central register or pending
5complaint file unless pursuant to section 6332 (relating to
6establishment of Statewide toll-free telephone number) and
7unless the department has positively identified the
8representative of the county agency requesting the information
9and the department has inquired into and is satisfied that the
10representative has a legitimate need, within the scope of
11official duties and the provisions of section 6332, to obtain
12the information. Information in the Statewide central register
13or pending complaint file shall not be released for any purpose
14or to any individual not specified in section 6340.

15§ 6338. Disposition of founded and indicated reports.

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

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

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

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

20Section 4. This act shall take effect in 60 days.