PRINTER'S NO. 690
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY FONTANA, FOLMER, WASHINGTON, ERICKSON, STACK, BREWSTER, FERLO, TEPLITZ, BAKER, RAFFERTY, YUDICHAK, KASUNIC, TARTAGLIONE, WILLIAMS, SMITH, FARNESE, WAUGH, MENSCH, HUGHES, BROWNE, WARD, VANCE, PILEGGI AND BOSCOLA, MARCH 15, 2013
REFERRED TO EDUCATION, MARCH 15, 2013
1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child protective services, further
3providing for definitions, for persons required to report
4suspected child abuse and for reporting procedure; and
5repealing provisions relating to definitions, school
6employees, administration, investigation, responsibilities of
7county agency for child protective services and report
11Section 1. The definitions of "founded report for school
12employee," "general protective services," "indicated report,"
13"indicated report for school employee," "individual residing in
14the same home as the child," "near fatality" and "school
15employee" in section 6303(a) of Title 23 of the Pennsylvania
16Consolidated Statutes are amended and the subsection is amended
17by adding definitions to read:
18§ 6303. Definitions.
1section unless the context clearly indicates otherwise:
2* * *
5* * *
6"Child with a disability." A child:
10(2) who meets the definition of handicapped person under
11section 504 of the Rehabilitation Act of 1973 (Public Law 93-
12112, 29 U.S.C. § 794) and its implementing regulations at 34
13CFR § 104.3 (relating to definitions);
21* * *
25* * *
26"Founded report." [A child abuse report made pursuant to
27this chapter if there has been any judicial adjudication based
28on a finding that a child who is a subject of the report has
29been abused, including the entry of a plea of guilty or nolo
30contendere or a finding of guilt to a criminal charge involving
5(1) There has been a judicial adjudication based on a
6finding that a child who is a subject of the report has been
7abused and the adjudication involves the same factual
8circumstances involved in the allegation of child abuse. The
9judicial adjudication may include any of the following:
12(ii) A finding of guilt to a criminal charge.
15(2) There has been an acceptance into an accelerated
16rehabilitative disposition program and the reason for the
17acceptance involves the same factual circumstances involved
18in the allegation of child abuse.
19(3) There has been a consent decree entered in a
20juvenile proceeding under 42 Pa.C.S. Ch. 63 (relating to
21juvenile matters) and the decree involves the same factual
22circumstances involved in the allegation of child abuse.
23(4) A final protection from abuse order has been granted
24under section 6108 (relating to relief), when the child who
25is a subject of the report is also one of the individuals
26protected under the protection from abuse order and:
4* * *
5"General protective services." Those services and activities
6provided by each county agency for [nonabuse] cases requiring
7protective services, as defined by the [Department of Public
8Welfare] department in regulations.
9"Indicated report." [A child abuse report made pursuant to
10this chapter if an investigation by the county agency or the
11Department of Public Welfare determines that substantial
12evidence of the alleged abuse exists based on any of the
14(1) Available medical evidence.
15(2) The child protective service investigation.
18(1) Subject to paragraph (2), a report of child abuse
19made pursuant to this chapter if an investigation by the
20department or county agency determines that substantial
21evidence of the alleged abuse by a perpetrator exists based
22on any of the following:
23(i) Available medical evidence.
24(ii) The child protective service investigation.
27(2) A report may be indicated under paragraph (1)(i) or
28(ii) for any child in need of child protective services,
29regardless of the number of alleged perpetrators or the
30inability to identify the specific perpetrator among two or
1more alleged perpetrators.
2["Indicated report for school employee." A report made under
3Subchapter C.1 (relating to students in public and private
4schools) if an investigation by the county agency determines
5that substantial evidence of serious bodily injury or sexual
6abuse or exploitation exists based on any of the following:
7(1) Available medical evidence.
8(2) The county agency's investigation.
17"Near fatality." [An act that, as certified by a physician,
18places a child in serious or critical condition.] A child's
19serious or critical condition, as certified by a physician,
20where that child is a subject of the report of child abuse.
21* * *
22"School." A facility providing elementary, secondary or
23postsecondary educational services. The term includes every
24public, nonpublic, private and parochial school, including each
25of the following:
30(3) A public or private college or university.
1(4) A community college.
2(5) A vocational-technical school.
3(6) An intermediate unit.
9(9) A nonprofit school located in this Commonwealth,
10other than a public school, wherein a resident of this
11Commonwealth may legally fulfill the compulsory school
12attendance requirements of the act of March 10, 1949 (P.L.30,
13No.14), known as the Public School Code of 1949, and which
14meets the requirements of Title VI of the Civil Rights Act of
151964 (Public Law 88-352, 78 Stat. 241).
16"School employee." An individual who is employed by a
17[public or private school, intermediate unit or area vocational-
18technical] school or who provides a program, activity or service
19in a school. The term includes an independent contractor that
20provides a program, activity or service in a school and the
21employees of the independent contractor that is directly
22responsible for the care, supervision, guidance or training of
23the child. [The term excludes an individual who has no direct
24contact with students.]
25* * *
28§ 6311. Persons required to report suspected child abuse.
29* * *
30(c) Staff members of institutions, etc.--Whenever a person
1is required to report under subsection (b) in the capacity as a
2member of the staff of a medical or other public or private
3institution, school, facility or agency, that person shall
4immediately report or cause a report to be made in accordance
5with section 6313. The person required to report shall also
6notify the person in charge of the institution, school, facility
7or agency or the designated agent of the person in charge. [Upon
8notification, the person in charge or the designated agent, if
9any, shall assume the responsibility and have the legal
10obligation to report or cause a report to be made in accordance
11with section 6313.] This chapter does not require more than one
12report from any such institution, school, facility or agency.
13(c.1) School employees.--A school employee who has
14reasonable cause to suspect, on the basis of professional or
15other training or expertise, that a student coming before the
16school employee in the employee's professional or official
17capacity is a victim of bodily injury, sexual abuse or sexual
18exploitation shall immediately report or cause a report to be
19made in accordance with section 6313. The person mandated to
20report shall also notify the administrator.
21* * *
22Section 3. Section 6313(c) of Title 23 is amended to read:
23§ 6313. Reporting procedure.
24* * *
25(c) Written reports.--Written reports from persons required
26to report under section 6311 shall be made to the appropriate
27county agency in a manner and on forms the department prescribes
28by regulation. The written reports shall include the following
29information if available:
30(1) The [names and addresses of the child and the
8[(3) The age and sex of the subjects of the report.]
12(5) The name [and relationship], relationship, home
13address and work address of the person or persons responsible
14for causing the suspected abuse, if known, and any evidence
15of prior abuse by that person or persons.
16(6) Family composition.
17(7) The source of the report.
28* * *
2STUDENTS IN PUBLIC AND PRIVATE SCHOOLS
56352. School employees.
86353.2. Responsibilities of county agency.
96353.3. Information in Statewide central register.
106353.4. Other provisions.
11§ 6351. Definitions.
19§ 6352. School employees.
21(1) Except as provided in paragraph (2), a school
22employee who has reasonable cause to suspect, on the basis of
23professional or other training and experience, that a student
24coming before the school employee in the employee's
25professional or official capacity is a victim of serious
26bodily injury or sexual abuse or sexual exploitation by a
27school employee shall immediately contact the administrator.
1to suspect, on the basis of professional or other training
2and experience, that a student coming before the school
3employee in the employee's professional or official capacity
4is a victim of serious bodily injury or sexual abuse or
5sexual exploitation shall immediately report to law
6enforcement officials and the district attorney under section
76353(a) (relating to administration). If an administrator is
8the school employee who suspects injury or abuse, the
9administrator shall make a report under section 6353(a).
15(c) Criminal penalty.--
21§ 6353. Administration.
22(a) Requirement.--An administrator and a school employee
23governed by section 6352(a)(2) (relating to school employees)
24shall report immediately to law enforcement officials and the
25appropriate district attorney any report of serious bodily
26injury or sexual abuse or sexual exploitation alleged to have
27been committed by a school employee against a student.
30(1) Name, age, address and school of the student.
3(3) Name and address of the administrator.
4(4) Name, work and home address of the school employee.
5(5) Nature of the alleged offense.
15§ 6353.1. Investigation.
16(a) General rule.--Upon receipt of a report under section
176353 (relating to administration), an investigation shall be
18conducted by law enforcement officials, in cooperation with the
19district attorney, and a determination made as to what criminal
20charges, if any, will be filed against the school employee.
21(b) Referral to county agency.--
22(1) If local law enforcement officials have reasonable
23cause to suspect on the basis of initial review that there is
24evidence of serious bodily injury, sexual abuse or sexual
25exploitation committed by a school employee against a
26student, local law enforcement officials shall notify the
27county agency in the county where the alleged abuse or injury
28occurred for the purpose of the agency conducting an
29investigation of the alleged abuse or injury.
30(2) To the fullest extent possible, law enforcement
1officials and the county agency shall coordinate their
2respective investigations. In respect to interviews with the
3student, law enforcement officials and the county agency
4shall conduct joint interviews. In respect to interviews with
5the school employee, law enforcement officials shall be given
6an opportunity to interview the school employee prior to the
7employee having any contact with the county agency.
8(3) The county agency and law enforcement officials have
9the authority to arrange for photographs, medical tests or X-
10rays of a student alleged to have been abused or injured by a
11school employee. The county agency and law enforcement
12officials shall coordinate their efforts in this regard and,
13to the fullest extent possible, avoid the duplication of any
14photographs, medical tests or X-rays.
18§ 6353.2. Responsibilities of county agency.
19(a) Information for the pending complaint file.--Immediately
20after receiving a report under section 6353.1 (relating to
21investigation), the county agency shall notify the department of
22the receipt of the report, which is to be filed in the pending
23complaint file as provided in section 6331(1) (relating to
24establishment of pending complaint file, Statewide central
25register and file of unfounded reports). The oral report shall
26include the following information:
29(2) Where the suspected abuse or injury occurred.
30(3) The age and sex of the student.
7(7) The source of the report to the county agency.
12(b) Investigation of reports.--Upon receipt of a report
13under section 6353.1, the county agency shall commence, within
14the time frames established in department regulations, an
15investigation of the nature, extent and cause of any alleged
16abuse or injury enumerated in the report. The county agency
17shall coordinate its investigation to the fullest extent
18possible with law enforcement officials as provided in section
20(c) Completion of investigation.--The investigation by the
21county agency to determine whether the report is an indicated
22report for school employee or an unfounded report shall be
23completed within 60 days.
24(d) Notice to subject of a report.--Prior to interviewing a
25subject of the report, the county agency shall orally notify the
26subject of the report of the existence of the report and the
27subject's rights under this chapter in regard to amendment or
28expungement. Within 72 hours following oral notification to the
29subject, the county agency shall give written notice to the
30subject. The notice may be reasonably delayed if notification is
5(e) Reliance on factual investigation.--The county agency
6may rely on a factual investigation of substantially the same
7allegations by a law enforcement officials to support the
8agency's finding. This reliance shall not relieve the county
9agency of its responsibilities relating to the investigation of
10reports under this subchapter.
11(f) Notice to the department of the county agency's
12determination.--As soon as the county agency has completed its
13investigation, the county agency shall advise the department and
14law enforcement officials of its determination of the report as
15an indicated report for school employee or an unfounded report.
16Supplemental reports shall be made at regular intervals
17thereafter in a manner and form the department prescribes by
18regulation to the end that the department is kept fully informed
19and up-to-date concerning the status of the report.
20§ 6353.3. Information in Statewide central register.
21The Statewide central register established under section 6331
22(relating to establishment of pending complaint file, Statewide
23central register and file of unfounded reports) shall retain
24only the following information relating to reports of abuse or
25injury of a student by a school employee which have been
26determined to be a founded report for school employee or an
27indicated report for school employee:
30(2) The home address of the subjects of the report.
5(5) Factors contributing to the abuse or injury.
6(6) The source of the report.
7(7) Whether the report is a founded or indicated report.
16§ 6353.4. Other provisions.
17The following provisions shall apply to the release and
18retention of information by the department and the county agency
19concerning reports of abuse or injury committed by a school
20employee as provided by this subchapter:
23Section 6337 (relating to disposition of unfounded reports).
26Section 6339 (relating to confidentiality of reports).
1Section 6342 (relating to studies of data in records).]
2Section 5. This act shall take effect in 60 days.