1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child protective services,
3providing for electronic reporting and for regulations;
4further providing for mandatory reporting and postmortem
5investigation of deaths; providing for responsibility for
6investigation, for report reception, for disposition of
7initial reports, for jurisdictional overlap, for disposition
8of reports and for cooperation with county agency; and
9further providing for disposition of unfounded reports, for
10confidentiality of reports and for release of information in
11confidential reports.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

14Section 1. Title 23 of the Pennsylvania Consolidated
15Statutes is amended by adding sections to read:

16§ 6305. Electronic reporting.

17(a) Departmental procedures.--The department shall establish
18procedures for the secure and confidential use of electronic
19technologies to transmit information under this chapter,
20including the filing of reports and records and the verification
21of records and signatures.

1(b) Confirmation of reports.--A confirmation by the
2department of the receipt of a report of suspected child abuse
3submitted electronically shall relieve the person making the
4report of making an additional oral or written report of
5suspected child abuse, subject to section 6313(a) (relating to
6reporting procedure).

7(c) Effect on other law.--Nothing in this chapter shall be
8construed to supersede the act of December 16, 1999 (P.L.971,
9No.69), known as the Electronic Transactions Act.

10§ 6306. Regulations.

11The department shall promulgate regulations necessary to
12implement this chapter which shall comply with Federal and State
13law relating to confidentiality of personal information.

14Section 2. Section 6317 of Title 23 is amended to read:

15§ 6317. Mandatory reporting and postmortem investigation of
16deaths.

17A person or official required to report cases of suspected
18child abuse, including employees of a county agency, who has
19reasonable cause to suspect that a child died as a result of
20child abuse shall report that suspicion to the appropriate
21coroner or medical examiner. The coroner or medical examiner
22shall accept the report for investigation and shall report his
23finding to the police, the district attorney, the appropriate
24county agency and, if the report is made by a hospital, the
25hospital.

26Section 3. Subchapter B of Chapter 63 of Title 23 is amended
27by adding sections to read:

28§ 6321. Responsibility for investigation.

29The department shall establish procedures to respond to
30suspected child abuse or the need for protective services:

1(1) If the suspected child abuse is alleged to have been
2committed by a person who is not a perpetrator, local law
3enforcement officials where the suspected child abuse is
4alleged to have occurred shall be solely responsible for
5investigating the allegation.

6(2) If the suspected child abuse is alleged to have been
7committed by a perpetrator, the appropriate county agency
8shall investigate the allegation.

9(3) If the suspected child abuse is alleged to have been
10committed by a perpetrator and the behavior constituting the
11suspected child abuse includes a criminal offense, the
12appropriate county agency and local law enforcement shall
13jointly investigate the allegation.

14(4) If a child is alleged to be in need of other
15protective services, the appropriate county agency shall
16assess the needs of the child as provided under this chapter.

17§ 6322. Report reception.

18(a) Continuous access.--The department must be capable of
19the following on a 24-hour, seven-day-a-week basis:

20(1) Receiving reports and referrals of suspected child
21abuse and children in need of protective services.

22(2) Responding to requests for information from county
23agencies and law enforcement personnel under section 6335.1
24(relating to access to information in Statewide database).

25(3) Monitoring the provision of protective services.

26(c) Continuous availability.--Each county agency shall, on a
2724-hour, seven-day-a-week basis, receive reports of suspected
28child abuse from the department under section 6323(b) (relating
29to disposition of initial reports) or the general public in
30accordance with the county child protective services plan and

1regulations of the department.

2(d) Verification of need.--Information may be released under
3section 6335.1 if a request for information is made
4electronically or orally and the department has:

5(1) Identified the requester, including electronic
6verification of the requester's identity.

7(2) Determined whether the requester has a legitimate
8need to obtain the information within the scope of official
9duties and section 6335.1.

10(3) Provided notice to the requester that access and
11dissemination of the information is restricted as provided by
12this chapter.

13§ 6323. Disposition of initial reports.

14(a) Receipt of reports by county.--After ensuring the
15immediate safety of the child and any other child in the child's
16home, a county agency or law enforcement agency that receives a
17report of suspected child abuse shall immediately notify the
18department of the report. If the report is an oral report, the
19county agency or law enforcement agency shall attempt to collect
20the information and submit the information to the department
21within 48 hours in writing or electronically.

22(b) Receipt of reports by department.--The department shall
23immediately transmit a written or electronic notice to the
24county agency of the county where the suspected child abuse is
25alleged to have occurred. The notice shall contain the
26following:

27(1) That a complaint of suspected child abuse by a
28perpetrator has been received.

29(2) The substance of the complaint.

30(3) The existence in the Statewide database of a prior

1report or a current investigation concerning a subject of the
2report.

3(c) Referral to law enforcement.--If the department receives
4a report of suspected child abuse that alleges that a criminal
5offense has been committed, the department shall immediately
6transmit an oral or electronic notice to law enforcement
7personnel in the county where the suspected child abuse is
8alleged to have occurred. The notice shall contain the following
9information in accordance with this chapter:

10(1) Receipt of a complaint of suspected child abuse.

11(2) The substance of the complaint.

12(3) The existence in the Statewide database of a prior
13report or a current investigation concerning a subject of the
14report.

15(d) Notice of joint referrals.--When a report is referred to
16the county agency under subsection (b) and is also referred to
17law enforcement under subsection (c), the notice shall include
18the name and contact information of any persons receiving the
19referral.

20(e) Jurisdictional overlap.--The department shall develop
21regulations to ensure the cooperation of agencies in carrying
22out the requirements of this chapter.

23(f) Referral.--If the complaint received does not suggest a
24need for protective services but suggests a need for social
25services or other services or investigation, the department
26shall transmit the information to the county agency or other
27public agency for appropriate action. The information shall not
28be considered a child abuse report unless the agency has
29reasonable cause to suspect that abuse occurred. If the agency
30investigation indicates reasonable cause to suspect that abuse

1occurred, the agency shall notify the department and the initial
2complaint shall be considered to be a child abuse report.

3§ 6324. Disposition of reports.

4(a) Resident child.--A report of suspected child abuse by a
5perpetrator occurring in another state shall be referred by the
6department to the county of the child's residence in this
7Commonwealth and shall be investigated as any other report of
8suspected child abuse by a perpetrator if all of the following
9apply:

10(1) The child victim is a resident of this Commonwealth.

11(2) The other state's child protective services agency
12cannot investigate the report because of statutory or policy
13limitations.

14(b) Resident alleged perpetrator.--

15(1) If suspected child abuse occurs in a jurisdiction
16other than this Commonwealth and the alleged perpetrator is a
17resident of this Commonwealth, the report of suspected child
18abuse shall be referred to the county where the alleged
19perpetrator resides.

20(2) The county agency shall do all of the following:

21(i) Contact the children and youth social service
22agency of the jurisdiction in which the suspected child
23abuse occurred.

24(ii) Investigate the suspected child abuse, either
25alone or in cooperation with the other agency.

26(c) Copies of report.--A copy of the report of suspected
27child abuse shall be provided to the other state's child
28protective services agency and, if appropriate, to law
29enforcement personnel in the county where the incident occurred.

30(d) Communication.--Reports and information under this

1section shall be provided within seven calendar days of
2completion of the investigation.

3§ 6325. (Reserved).

4§ 6326. (Reserved).

5§ 6327. Cooperation with county agency.

6(a) General rule.--The department shall receive from
7Commonwealth agencies, political subdivisions, an authorized
8agency, law enforcement agency or any other agency providing
9services under the county plan for protective services any
10assistance and data that will enable the department and the
11county agency to fulfill their responsibilities.

12(b) Willful failure to cooperate.--

13(1) At the request of the department or county to
14provide all information relating to an investigation of
15suspected child abuse or a safety or risk assessment of a
16child, an individual, agency, school, hospital or health care
17provider shall immediately provide the information to the
18department or county agency.

19(2) No individual, except the district attorney or law
20enforcement, may prohibit the department or county agency
21from interviewing the child who is the subject of suspected
22child abuse. Parental consent shall not be required prior to
23the child's being interviewed by the department or county
24agency.

25(3) The following offenses shall apply:

26(i) Any person failing to timely produce the
27requested information under this section commits a
28misdemeanor of the third degree.

29(ii) Any person barring, inhibiting or precluding
30sufficient access to the subject child commits a

1misdemeanor of the second degree.

2(c) Cooperation of county and law enforcement.--A county
3agency and a law enforcement agency shall cooperate, to the
4fullest extent possible, to respond to and investigate reports
5of suspected child abuse.

6(d) Advice to county agency.--If a report of suspected child
7abuse is referred from a county agency to a law enforcement
8agency under section 6340(a)(9) and (10) (relating to release of
9information in confidential reports), the law enforcement agency
10shall expeditiously advise the county agency of the limitation
11of a criminal investigation, the results of the investigation
12and any criminal prosecution. The county agency shall refer the
13information to the Statewide database.

14Section 4. Sections 6339 and 6340(a)(2), (4), (5), (6), (9),
15(10), (12) and (13)(b), (c) and (d) of Title 23 are amended to
16read:

17§ 6339. Confidentiality of reports.

18Except as otherwise provided in this subchapter, reports made
19pursuant to this chapter, including, but not limited to, report
20summaries of child abuse and [written] reports made pursuant to
21section [6313(b) and (c)] 6313 (relating to reporting procedure)
22as well as any other information obtained, reports written or
23photographs or X-rays taken concerning alleged instances of
24child abuse in the possession of the department or a county
25agency shall be confidential.

26§ 6340. Release of information in confidential reports.

27(a) General rule.--Reports specified in section 6339
28(relating to confidentiality of reports) shall only be made
29available to:

30* * *

1[(2) A physician examining or treating a child or the
2director or a person specifically designated in writing by
3the director of any hospital or other medical institution
4where a child is being treated when the physician or the
5director or the designee of the director suspects the child
6of being an abused child or a child alleged to be in need of
7protection under this chapter.]

8* * *

9(4) An authorized official or agent of the department in
10accordance with department regulations or in accordance with
11the conduct of a performance audit as authorized by section
12[6343] 6359.4 (relating to investigating performance of
13county agency).

14(5) A court of competent jurisdiction, including a
15magisterial district judge, a judge of the Philadelphia
16Municipal Court and a judge of the Pittsburgh Magistrates
17Court, pursuant to court order or subpoena in a criminal
18matter involving a charge of child abuse under section
19[6303(b)] 6303 (relating to definitions). Disclosure through
20testimony shall be subject to the restrictions of subsection
21(c).

22* * *

23(6) A standing committee of the General Assembly, as
24specified in section [6384] 6359.4 (relating to legislative
25oversight).

26* * *

27(9) Law enforcement officials of any jurisdiction, as
28long as the information is relevant in the course of
29investigating cases of:

30(i) Homicide or other criminal offense set forth in

1section [6344(c) (relating to information relating to
2prospective child-care personnel), sexual abuse, sexual
3exploitation, serious bodily injury or serious physical
4injury perpetrated by persons whether or not related to
5the victim.] 6344.3(a) (relating to grounds for denying 
6employment or participation in program, activity or 
7service), sexual abuse or exploitation, bodily injury or 
8serious bodily injury caused by a perpetrator or 
9nonperpetrator.

10(ii) [Child abuse perpetrated by persons who are not
11family members.] Child abuse other than that identified 
12under subparagraph (i) by a nonperpetrator.

13(iii) Repeated physical injury to a child under
14circumstances which indicate that the child's health,
15safety or welfare is harmed or threatened.

16(iv) A missing child report.

17(10) The district [attorney or his designee] attorney's 
18office or other law enforcement official, as set forth in
19[the] county protocols for multidisciplinary investigative
20teams required in section [6365(c) (relating to services for
21prevention, investigation and treatment of child abuse)] 6326 
22(relating to investigation by multidisciplinary investigative 
23team), shall receive, immediately after the county agency has
24ensured the safety of the child, reports of abuse[, either
25orally or in writing,] according to regulations [promulgated
26by the department], from the department or the county agency
27in which the initial report of suspected child abuse or
28initial inquiry into the report gives evidence that the abuse
29is:

30(i) a criminal offense [set forth in] under section

1[6344(c), not including an offense under 18 Pa.C.S. § 
24304 (relating to endangering welfare of children)]
36344.3(a) or an equivalent crime under Federal law or
4[the] law of another state[, sexual abuse, sexual
5exploitation or serious bodily injury perpetrated by
6persons, whether or not related to the victim]; or

7(ii) child abuse [perpetrated by persons who are not
8family members; or

9(iii) serious physical injury involving extensive
10and severe bruising, burns, broken bones, lacerations,
11internal bleeding, shaken baby syndrome or choking or an
12injury that significantly impairs a child's physical
13functioning, either temporarily or permanently] under 
14section 6321(2) or (3) (relating to responsibility for 
15investigation).

16* * *

17(12) A mandated reporter [of suspected child abuse as
18defined in] under section 6311 (relating to persons required
19to report suspected child abuse) who made a report of abuse
20involving the subject child, [but the information permitted
21to be released to the mandated reporter shall be] limited to
22the following:

23(i) [The final status of] Whether the child abuse
24report [following the investigation, whether it be] is
25indicated, founded or unfounded.

26(ii) Any services provided, arranged for or to be
27provided by the county agency to protect the child or any 
28service plan developed.

29[(13) Persons required to make reports under Subchapter
30C.1 (relating to students in public and private schools).

1Information under this paragraph shall be limited to the
2final status of the report following the investigation as to
3whether the report is indicated, founded or unfounded.]

4* * *

5(b) Release of information to subject [of report].--[At any
6time and upon] Upon a written request, a subject of a report may
7receive a copy of all information, except that prohibited from
8being disclosed by subsection (c), contained in the Statewide
9[central register] database or in any report filed pursuant to
10section 6313 (relating to reporting procedure).

11(c) Protecting identity [of person making report].--Except
12for reports [pursuant to] under subsection (a)(9) and (10), and 
13in response to a law enforcement agency investigating 
14allegations of false reports under 18 Pa.C.S. § 4906.1 (relating 
15to false reports of child abuse), the release of data that would
16identify the person who made a report of suspected child abuse
17or [the person] who cooperated in a subsequent investigation is
18prohibited unless the [secretary] department finds that the
19release will not be detrimental to the safety of [that] the
20person. Law enforcement officials shall treat all reporting
21sources as confidential informants.

22(d) Exclusion of [administrative] information.--Information
23maintained in the Statewide [central register which was] 
24database obtained from an investigating agency in relation to an 
25appeal request shall not be released to any person except a 
26department official[, as provided by regulation].

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