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 <-definitions; providing for electronic reporting; 
6further providing for mandatory reporting and post mortem 
7investigation of deaths; providing for responsibility for 
8investigation, for access to reports, for disposition of 
9initial reports, for disposition of reports, for cooperation 
10with county agency and for access to information in Statewide
11database; <-and further providing for information in Statewide
12central register <-and for disposition of founded and indicated 
13reports, FOR confiden<-tiality of reports and for release of 
14information in confidential reports; and providing for 
15background checks.

16The General Assembly of the Commonwealth of Pennsylvania
17hereby enacts as follows:

<-18Section 1. Section 6331 of Title 23 of the Pennsylvania
19Consolidated Statutes is amended to read:

20§ 6331. Establishment of [pending complaint file, Statewide
21central register and file of unfounded reports]
22Statewide database of protective services.

1[There shall be established in the department:

2(1) A pending complaint file of child abuse reports
3under investigation and a file of reports under investigation
4pursuant to Subchapter C.1 (relating to students in public
5and private schools).

6(2) A Statewide central register of child abuse which
7shall consist of founded and indicated reports.

8(3) A file of unfounded reports awaiting expunction.]

9(a) Establishment.--The department shall establish and
10maintain a secure Statewide database to register protective
11services cases involving reports of child abuse and children in
12need of general protective services.

13(b) Information authorized.--Information in the Statewide
14database shall include only the following:

15(1) The name, Social Security number, age and sex of the
16subject of the report.

17(2) Date relating to the nature of each alleged
18occurrence that created the need for protective services.

19(3) The home address of the subject of the report.

20(4) The county in which each alleged occurrence that
21created the need for protective services occurred.

22(5) Family composition.

23(6) The name and relationship to the child of other
24individuals named in the report.

25(7) Other factors contributing to the need for
26protective services.

27(8) The source of the report.

28(9) Services planned or provided.

29(10) If a report alleges child abuse, whether the report
30was determined to be founded, indicated or unfounded.

1(11) Whether protective services were provided and if
2protective services were not provided, the reason and whether
3the family was referred for other community services.

4(12) Information obtained by the department relating to
5a perpetrator's request to release, amend or expunge
6information retained by the department or county agency.

7(13) The progress of a legal proceeding brought on the
8basis of the report.

9(14) Details relating to any criminal investigation
10undertaken.

11(15) If an unfounded report is the result of a false
12report, a notation of the false report and the status of the
13report.

14(16) Additional information provided in section 6313(c)
15(relating to reporting procedure).

16(17) With respect to cases that do not result in a child
17abuse investigation, the provision of general protective
18services assessment or a referral for community services:

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

20(ii) Information provided to the referral source or
21the family related to other services or options available
22to address the report or complaint.

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

<-24Section 1. Section 6303(a) of Title 23 of the Pennsylvania
25Consolidated Statutes is amended by adding definitions to read:

26§ 6303. Definitions.

27(a) General rule.--The following words and phrases when used
28in this chapter shall have the meanings given to them in this
29section unless the context clearly indicates otherwise:

30* * *

1"Electronic technologies." The transfer of information in
2whole or in part by technology having electrical, digital,
3magnetic, wireless, optical, electromagnetic, photo-electronic
4or photo-optical systems, or similar capabilities. The term
5includes e-mail, Internet communication or other means of
6electronic transmission.

7* * *

8"Law enforcement official." The term includes the following:

9(1) A Pennsylvania district attorney.

10(2) A Pennsylvania State Police officer.

11(3) A municipal police officer.

12* * *

13Section 2. Title 23 is amended by adding a section to read:

14§ 6304. Electronic reporting.

15(a) Departmental procedures.--The department shall establish
16procedures for the secure use of electronic technologies to
17transmit information under this chapter.

18(b) Confirmation of reports.--A confirmation by the
19department of the receipt of a report of suspected child abuse
20submitted electronically shall relieve the person making the
21report of making an additional oral or written report of
22suspected child abuse, subject to section 6313 (relating to
23reporting procedure).

24(c)  Effect on other law.--Nothing in this chapter shall be
25construed to supersede the act of December 16, 1999 (P.L.971,
26No.69), known as the Electronic Transactions Act.

27Section 3. Section 6317 of Title 23 is amended to read:

28§ 6317. Mandatory reporting and postmortem investigation of
29deaths.

30A person or official required to report cases of suspected

1child abuse, including employees of a county agency, who has
2reasonable cause to suspect that a child died as a result of
3child abuse shall report that suspicion to the appropriate
4coroner or medical examiner. The coroner or medical examiner
5shall accept the report for investigation and shall report his
6finding to the police, the district attorney, the appropriate
7county agency and, if the report is made by a hospital, the
8hospital.

9Section 4. Chapter 63 of Title 23 is amended by adding a
10subchapter to read:

11SUBCHAPTER B.1

12INVESTIGATION AND REPORTING

13Sec.

146321. Responsibility for investigation.

156322. Access to reports.

166323. Disposition of initial reports.

176324. Disposition of reports.

186325. (Reserved).

196326. (Reserved).

206327. Cooperation.

21§ 6321. Responsibility for investigation.

22The department shall establish procedures regarding the
23following different responses to address suspected child abuse
24and protective services depending on the person allegedly
25committing the suspected child abuse or causing a child to be in
26need of protective services:

27(1)  If the suspected child abuse is alleged to have been
28committed by a perpetrator, the appropriate county agency
29shall investigate the allegation.

30(2)  If the suspected child abuse is alleged to have been

1committed by a perpetrator and the behavior constituting the
2suspected child abuse may include a criminal offense, the
3appropriate county agency and law enforcement official shall
4jointly investigate the allegation as required by this
5chapter.

6(3)  If the suspected child abuse is alleged to have been
7committed by a person who is not a perpetrator, law
8enforcement officials where the suspected child abuse is
9alleged to have occurred shall be solely responsible for
10investigating the allegation.

11(4)  If a child is alleged to be in need of other
12protective services, the appropriate county agency shall
13assess the needs of the child as provided under this chapter.

14§ 6322. Access to reports.

15(a)  Continuous access.--The department shall be capable of
16the following on a 24-hour, seven-day-a-week basis:

17(1)  Receiving reports and referrals of suspected child
18abuse and children in need of protective services.

19(2)  Responding to requests for information from county
20agencies and law enforcement officials under section 6335.1
21(relating to access to information in Statewide database).

22(3)  Monitoring the provision of protective services.

23(b) Continuous availability.--Each county agency shall, on a
2424-hour, seven-day-a-week basis, receive reports of suspected
25child abuse from the department under section 6323(b) (relating
26to disposition of initial reports) or the general public in
27accordance with the county agency child protective services
28plan.

29(c) Verification of need.--Information may be released under
30section 6335.1 if a request for information is made orally or in

1writing and the department has done all of the following:

2(1)  Identified the requester, including electronic
3verification of the requester's identity.

4(2)  Determined whether the requester is authorized to
5obtain the information under section 6335.1.

6(3)  Provided notice to the requester that access and
7dissemination of the information is restricted as provided by
8this chapter.

9§ 6323. Disposition of initial reports.

10(a) Receipt of reports.--The department shall immediately
11transmit a written notice to the county agency and law
12enforcement officials where the suspected child abuse is alleged
13to have occurred. The notice shall contain the following
14information:

15(1) Notice that a complaint of suspected child abuse by
16a perpetrator has been received.

17(2)  The substance of the complaint.

18(3)  An entry of a prior report or a current
19investigation concerning a subject of the report.

20(b)  Receipt of reports by county.--After ensuring the
21immediate safety of the child and any other child in the child's
22home, a county agency or law enforcement official that receives
23a report of suspected child abuse shall immediately notify the
24department of the report. If the report is an oral report, the
25county agency or law enforcement official shall collect the
26required information and submit a written report to the
27department within 48 hours.

28(c)  Referral to law enforcement.--If the department receives
29a report of suspected child abuse that alleges that a criminal
30offense has been committed, the department shall immediately

1transmit an oral or written notice to law enforcement officials
2in the county where the suspected child abuse is alleged to have
3occurred. The notice shall contain the following information in
4accordance with this chapter:

5(1)  Receipt of a complaint of suspected child abuse.

6(2)  The substance of the complaint.

7(3) An entry in the Statewide database of a prior report
8or a current investigation concerning a subject of the
9report.

10(d)  Notice of joint referrals.--When a report is referred to
11the county agency under subsection (a) or (c), the notice shall
12include the name and contact information of any persons
13receiving the referral, if known.

14(e) Ability of law enforcement to receive reports.--The
15district attorney of the county where the suspected child abuse
16is alleged to have occurred shall designate up to three
17recipients to receive reports under subsection (c) and shall
18provide contact information for each recipient to the department
19for that purpose.

20(f)  Jurisdictional overlap.--If the residency of any subject
21of a report is a factor that requires the cooperation of more
22than one county agency or another state, the department shall
23ensure the cooperation of those agencies in carrying out the
24requirements of this chapter.

25(g)  Referral.--If the complaint received does not indicate a
26need for protective services, but indicates a need for other
27services, or investigation, the department shall transmit the
28information to the county or other public agency for appropriate
29action. The information shall not be considered a child abuse
30report unless the county agency has reasonable cause to suspect

1that abuse occurred. If the county agency investigation
2indicates reasonable cause to suspect that abuse occurred, the
3county agency shall notify the department and the initial
4complaint shall be considered to be a child abuse report.

5§ 6324. Disposition of reports.

6(a)  Resident child.--A report of suspected child abuse by a
7perpetrator occurring in another state shall be referred by the
8department to the county agency and, where appropriate, to law
9enforcement officials when the child resides in this
10Commonwealth and shall be investigated as any other report of
11suspected child abuse by a perpetrator if all of the following
12apply:

13(1)  The child victim is a resident of this Commonwealth.

14(2)  The other state's child protective services agency
15fails to investigate the report.

16(b)  Resident alleged perpetrator.--

17(1)  If suspected child abuse occurs in a jurisdiction
18other than this Commonwealth and the alleged perpetrator is a
19resident of this Commonwealth, the report of suspected child
20abuse shall be referred to the county agency where the
21alleged perpetrator resides.

22(2)  The county agency shall do all of the following:

23(i)  Contact the children and youth social service
24agency of the jurisdiction in which the suspected child
25abuse occurred.

26(ii)  Investigate the suspected child abuse, either
27alone or in cooperation with the other agency.

28(c)  Copies of report.--A copy of the report of suspected
29child abuse shall be provided to the other state's child
30protective services agency and, if appropriate, to law

1enforcement officials where the incident occurred.

2(d)  Communication.--Reports and information under this
3section shall be provided within seven calendar days of
4completion of the investigation.

5§ 6325. (Reserved).

6§ 6326. (Reserved).

7§ 6327. Cooperation.

8(a)  General rule.--Commonwealth agencies, political
9subdivisions, a county agency, law enforcement official or any
10other agency providing services under the county plan for
11protective services shall provide any assistance and data to the
12department that will enable the department, the county agency
13and law enforcement officials to fulfill their responsibilities.

14(b)  Willful failure to cooperate.--

15(1)  At the request of the department or county agency to
16provide all information relating to an investigation of
17suspected child abuse or a safety or risk assessment of a
18child, individual, agency, school, hospital or health care
19provider shall immediately provide information requested to
20the department or county agency if the information relates to
21suspected child abuse or a safety or risk assessment.

22(2)  No individual, except a law enforcement official,
23may prohibit the department or county agency from
24interviewing the child who is the subject of suspected child
25abuse. Parental consent shall not be required prior to the
26child's being interviewed by the department or county agency.

27(3)  The following shall apply:

28(i)  Any person failing to timely produce the
29requested information under this section commits a
30misdemeanor of the third degree.

1(ii)  Any person barring, inhibiting or precluding
2sufficient access to the subject child commits a
3misdemeanor of the second degree.

4(c)  Cooperation of county and law enforcement.--A county
5agency and law enforcement official shall cooperate, to the
6fullest extent possible, to respond to and investigate reports
7of suspected child abuse. Counties shall exchange information
8and cooperate to investigate reports and provide services to
9children who may move from one county to another.

10(d)  Advice to county agency.--If a report of suspected child
11abuse is referred from a county agency to a law enforcement
12official under section 6340(a)(9) and (10) (relating to release
13of information in confidential reports), the law enforcement
14official shall expeditiously advise the county agency of the
15progress of a criminal investigation, the results of the
16investigation and any criminal prosecution. The county agency
17shall refer the information to the Statewide database.

18Section 5. Title 23 is amended by adding a section to read:

19§ 6335.1. Access to information in Statewide database.

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

30(b) Use <-by county or law enforcement agency.--A county

1agency or law enforcement <-agency official may only request the
2information under subsection (a) for the purposes of assessing
3and investigating reports or complaints of child abuse or
4allegations that a child is in need of general protective
5services:

6(1) following receipt of a report or complaint of
7suspected child abuse or an allegation that a child is in
8need of general protective services; or

9(2) on behalf of the following individuals, if that
10individual suspects that a child is a victim of child abuse
11or has reason to believe that a child is in need of general
12protective services:

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

14(ii) The director of a hospital or a person
15specifically designated in writing by the director of a
16hospital or other medical institution where a child is
17being treated.

<-18(b.1) Use by district attorney.--The district attorney or a
19person specifically designated in writing by the district
20attorney may request information for the purposes of
21investigating allegations of criminal conduct, as set forth in
22section 6340(a)(9) and (10) (relating to release of information
23in confidential reports).

24(c) Authorized releases for governmental functions.--No
25person, other than an employee of the department in the course
26of official duties in connection with the responsibilities of
27the department under this chapter, shall have access to any
28information in the Statewide database except as provided under
29this section and the following:

30(1) Section 6323 (relating to disposition of initial

1reports).

2(2) Section 6340 (relating to release of information in
3confidential reports).

4(3) Section 6342 (relating to studies of data in
5records).

6(d) Clearances.--Information provided in response to
7inquiries under section 6344 (relating to information relating
8to prospective child-care personnel), 6344.1 (relating to
9information relating to family day-care home residents) or
106344.2 (relating to information relating to other persons having
11contact with children) shall be limited to the following:

12(1) Whether the person was named as a perpetrator of
13child abuse in a founded or indicated report.

14(2) Whether there is an investigation pending in which
15the individual is an alleged perpetrator.

16(3) The number, date of the incidents upon which the
17report is based and the type of abuse or neglect involved in
18any reports identified under paragraph (1).

19(e) <-Requests using advanced communication Electronic
20technologies.--Requests under this section may be made using
21advanced communication technologies, if appropriate verification
22is made in accordance with section <-6322(d) 6322(c) (relating to
23report reception access to <-reports).

<-24Section 3. Sections 6336 and 6338 of Title 23 are repealed:

<-25Section 6. Section 6336 of Title 23 is repealed:

26[§ 6336. Information in Statewide central register.

27(a) Information authorized.--The Statewide central register
28shall include and shall be limited to the following information:

29(1) The names, Social Security numbers, age and sex of
30the subjects of the reports.

1(2) The date or dates and the nature and extent of the
2alleged instances of suspected child abuse.

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

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

5(5) Family composition.

6(6) The name and relationship to the abused child of
7other persons named in the report.

8(7) Factors contributing to the abuse.

9(8) The source of the report.

10(9) Services planned or provided.

11(10) Whether the report is a founded report or an
12indicated report.

13(11) Information obtained by the department in relation
14to a perpetrator's or school employee's request to release,
15amend or expunge information retained by the department or
16the county agency.

17(12) The progress of any legal proceedings brought on
18the basis of the report of suspected child abuse.

19(13) Whether a criminal investigation has been
20undertaken and the result of the investigation and of any
21criminal prosecution.

22No information other than that permitted in this subsection
23shall be retained in the Statewide central register.

24(b) Type of information released.--Except as provided in
25sections 6334 (relating to disposition of complaints received),
266335 (relating to information in pending complaint and unfounded
27report files), 6340 (relating to release of information in
28confidential reports) and 6342 (relating to studies of data in
29records), persons receiving information from the Statewide
30central register or pending complaint file may be informed only

1as to:

2(1) Whether the report is a founded or indicated abuse
3or is under investigation.

4(2) The number of such reports.

5(3) The nature and extent of the alleged or actual
6instances of suspected child abuse.

7(4) The county in which the reports are investigated.

8(5) Any other information available which would further
9the purposes of this chapter.

10(c) Limitation on release of information.--Except as
11provided in sections 6334, 6335, 6340 and 6342, no information
12shall be released from the Statewide central register or pending
13complaint file unless pursuant to section 6332 (relating to
14establishment of Statewide toll-free telephone number) and
15unless the department has positively identified the
16representative of the county agency requesting the information
17and the department has inquired into and is satisfied that the
18representative has a legitimate need, within the scope of
19official duties and the provisions of section 6332, to obtain
20the information. Information in the Statewide central register
21or pending complaint file shall not be released for any purpose
22or to any individual not specified in section 6340.<-]

<-23§ 6338. Disposition of founded and indicated reports.

24(a) General rule.--When a report of suspected child abuse or
25a report under Subchapter C.1 (relating to students in public
26and private schools) is determined by the appropriate county
27agency to be a founded report or an indicated report, the
28information concerning that report of suspected child abuse
29shall be expunged immediately from the pending complaint file,
30and an appropriate entry shall be made in the Statewide central

1register. Notice of the determination must be given to the
2subjects of the report, other than the abused child, and to the
3parent or guardian of the affected child or student along with
4an explanation of the implications of the determination. Notice
5given to perpetrators of child abuse and to school employees who
6are subjects of indicated reports for school employees or
7founded reports for school employees shall include notice that
8their ability to obtain employment in a child-care facility or
9program or a public or private school may be adversely affected
10by entry of the report in the Statewide central register. The
11notice shall also inform the recipient of his right, within 45
12days after being notified of the status of the report, to appeal
13an indicated report, and his right to a hearing if the request
14is denied.

15(b) Expunction of information when child attains 23 years of
16age.--Except as provided in subsection (c), all information
17which identifies the subjects of founded and indicated child
18abuse reports shall be expunged when the subject child reaches
19the age of 23. The expunction shall be mandated and guaranteed
20by the department.

21(c) Retention of information.--A subfile shall be
22established in the Statewide central register to indefinitely
23retain the names of perpetrators of child abuse and school
24employees who are subjects of founded or indicated reports only
25if the individual's Social Security number or date of birth is
26known to the department. The subfile shall not include
27identifying information regarding other subjects of the report.]

28Section 4. This act shall take effect in 60 days.

<-29Section 7. Sections 6339 and 6340(a)(2), (9), (10), (12) and
30(13), (b), (c) and (d) of Title 23 are amended to read:

1§ 6339. Confidentiality of reports.

2Except as otherwise provided in this subchapter, reports made
3pursuant to this chapter, including, but not limited to, report
4summaries of child abuse and [written] reports made pursuant to
5section [6313(b) and (c)] 6313 (relating to reporting procedure)
6as well as any other information obtained, reports written or
7photographs or X-rays taken concerning alleged instances of
8child abuse in the possession of the department or a county
9agency shall be confidential.

10§ 6340. Release of information in confidential reports.

11(a) General rule.--Reports specified in section 6339
12(relating to confidentiality of reports) shall only be made
13available to:

14* * *

15[(2) A physician examining or treating a child or the
16director or a person specifically designated in writing by
17the director of any hospital or other medical institution
18where a child is being treated when the physician or the
19director or the designee of the director suspects the child
20of being an abused child or a child alleged to be in need of
21protection under this chapter.]

22* * *

23(9) Law enforcement officials of any jurisdiction, as
24long as the information is relevant in the course of
25investigating cases of:

26(i) Homicide or other criminal offense set forth in
27section 6344(c) (relating to information relating to
28prospective child-care personnel), sexual abuse[, sexual]
29or exploitation, bodily injury or serious bodily injury
30[or serious physical injury perpetrated by persons

1whether or not related to the victim] caused by a 
2perpetrator or nonperpetrator.

3(ii) [Child abuse perpetrated by persons who are not
4family members.] Child abuse other than that identified 
5under subparagraph (i) by a nonperpetrator.

6(iii) Repeated physical injury to a child under
7circumstances which indicate that the child's health,
8safety or welfare is harmed or threatened.

9(iv) A missing child report.

10(10) The district [attorney or his designee] attorney's 
11office or other law enforcement official, as set forth in 
12[the] county protocols for multidisciplinary investigative 
13teams required in section 6365(c) (relating to services for 
14prevention, investigation and treatment of child abuse), 
15shall receive, immediately after the county agency has 
16ensured the safety of the child, reports of abuse [, either 
17orally or in writing,] according to regulations [promulgated 
18by the department], from the department or county agency in 
19which the initial report of suspected child abuse or initial 
20inquiry into the report gives evidence that the abuse is:

21(i) a criminal offense set forth [in] under section
226344(c), not including an offense under 18 Pa.C.S. § 4304
23(relating to endangering welfare of children) or an
24equivalent crime under Federal law or [the] law of
25another state[, sexual abuse, sexual exploitation or
26serious bodily injury perpetrated by persons, whether or
27not related to the victim]; or

28(ii) child abuse [perpetrated by persons who are not
29family members; or

30(iii) serious physical injury involving extensive
 

1and severe bruising, burns, broken bones, lacerations, 
2internal bleeding, shaken baby syndrome or choking or an 
3injury that significantly impairs a child's physical 
4functioning, either temporarily or permanently] under 
5section 6321(2) or (3) (relating to responsibility for 
6investigation).

7* * *

8(12) A mandated reporter of suspected child abuse [as
9defined in] under section 6311 (relating to persons required
10to report suspected child abuse) who made a report of abuse
11involving the subject child, [but the information permitted
12to be released to the mandated reporter] shall be limited to
13the following:

14(i) [The final status of] Whether the child abuse
15report [following the investigation, whether it be] is
16indicated, founded or unfounded.

17(ii) Any services provided, arranged for or to be
18provided by the county agency to protect the child , or 
19any service plan developed.

20[(13) Persons required to make reports under Subchapter
21C.1 (relating to students in public and private schools).
22Information under this paragraph shall be limited to the
23final status of the report following the investigation as to
24whether the report is indicated, founded or unfounded.]

25* * *

26(b) Release of information to subject [of report].--[At any
27time and upon] Upon a written request, a subject of a report may
28receive a copy of all information, except that prohibited from
29being disclosed by subsection (c), contained in the Statewide
30[central register] database or in any report filed pursuant to

1section 6313 (relating to reporting procedure).

2(c) Protecting identity [of person making report].--Except 
3for reports [pursuant to] under subsection (a)(9) and (10), and 
4in response to a law enforcement official investigating 
5allegations of false reports under 18 Pa.C.S. § 4906.1 (relating 
6to false reports of child abuse), the release of data that would 
7identify the person who made a report of suspected child abuse 
8or [the person] who cooperated in a subsequent investigation is 
9prohibited unless the [secretary] department finds that the 
10release will not be detrimental to the safety of [that] the 
11person. Law enforcement officials shall treat all reporting 
12sources as confidential informants.

13(d) Exclusion of [administrative] information.--Information
14maintained in the Statewide [central register which was]
15database obtained from an investigating agency in relation to an
16appeal request shall not be released to any person except a
17department official [, as provided by regulation].

18Section 8. Title 23 is amended by adding a section to read:

19§ 6387. Background checks.

20Payment for a background check relating to child abuse may be
21paid for by an individual or organization by check or money
22order.

23Section 9. This act shall take effect January 1, 2014.