AN ACT

 

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
8information.

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

11Section 1. The definitions of "founded report," "founded
12report for school employee," "general protective services,"
13"indicated report," "indicated report for school employee,"
14"individual residing in the same home as the child," "near
15fatality" and "school employee" in section 6303(a) of Title 23
16of the Pennsylvania Consolidated Statutes are amended and the
17subsection is amended by adding definitions to read:

18§ 6303. Definitions.

19(a) General rule.--The following words and phrases when used

1in this chapter shall have the meanings given to them in this
2section unless the context clearly indicates otherwise:

3* * *

4"Bodily injury." Impairment of physical condition or
5substantial pain.

6* * *

7"Child with a disability." A child:

8(1) who meets the definition of child with a disability
9under the Individuals with Disabilities Education Act (Public
10Law 91-230, 20 U.S.C. § 1400 et seq.);

11(2) who meets the definition of handicapped person under
12section 504 of the Rehabilitation Act of 1973 (Public Law 93-
13112, 29 U.S.C. § 794) and its implementing regulations at 34
14CFR § 104.3 (relating to definitions);

15(3) for whom an evaluation is pending under either the
16Individuals with Disabilities Education Act or the
17Rehabilitation Act of 1973; or

18(4) who is not yet eligible for special education and
19related services as described in section 615(k)(5)(A) of the
20Individuals with Disabilities Education Act (20 U.S.C. § 1415
21(k)(5)(A)).

22* * *

23"Disability." The term shall have the same meaning as the
24term is given in section 3 of the Americans with Disabilities
25Act of 1990 (Public Law 101-336, 42 U.S.C. § 12102(2)).

26* * *

27"Founded report." [A child abuse report made pursuant to
28this chapter if there has been any judicial adjudication based
29on a finding that a child who is a subject of the report has
30been abused, including the entry of a plea of guilty or nolo

1contendere or a finding of guilt to a criminal charge involving
2the same factual circumstances involved in the allegation of
3child abuse.] A child abuse report involving a perpetrator that 
4is made pursuant to this chapter, if any of the following 
5applies:

6(1) There has been a judicial adjudication based on a
7finding that a child who is a subject of the report has been
8abused and the adjudication involves the same factual
9circumstances involved in the allegation of child abuse. The
10judicial adjudication may include any of the following:

11(i) The entry of a plea of guilty or nolo
12contendere.

13(ii) A finding of guilt to a criminal charge.

<-14(iii) A finding of dependency or delinquency under
1542 Pa.C.S. § 6341 (relating to adjudication), if the 
16court has entered a finding that a child who is the 
17subject of the report has been abused.

<-18(iii)  A finding of dependency under 42 Pa.C.S. §
196341 (relating to adjudication) if the court has entered
20a finding that a child who is the subject of the report
21has been abused.

22(iv) A finding of delinquency under 42 Pa.C.S. § 
236341 if the court has entered a finding that the child 
24who is the subject of the report has been abused by the 
25child who was found to be delinquent.

26(2) There has been an acceptance into an accelerated
27rehabilitative disposition program and the reason for the
28acceptance involves the same factual circumstances involved
29in the allegation of child abuse.

30(3) There has been a consent decree entered in a

1juvenile proceeding under 42 Pa.C.S. Ch. 63 (relating to
2juvenile matters), the decree involves the same factual
3circumstances involved in the allegation of child abuse, and
4the terms and conditions thereof include an acknowledgment,
5admission or finding that a child who is the subject of the
6report has been abused by the child who is alleged to be
7delinquent.

8(4) A final protection from abuse order has been granted
9under section 6108 (relating to relief), when the child who
10is a subject of the report is also one of the individuals
11protected under the protection from abuse order and:

12(i) only one individual is charged with the abuse in
13the protection from abuse action;

14(ii) only that individual defends against the
15charge; and

16(iii) the protection from abuse adjudication finds
17that the abuse occurred and prohibits further contact
18between the individual and the child.

19["Founded report for school employee." A report under 
20Subchapter C.1 (relating to students in public and private 
21schools) if there has been any judicial adjudication based on a 
22finding that the victim has suffered serious bodily injury or 
23sexual abuse or exploitation, including the entry of a plea of 
24guilty or nolo contendere or a finding of guilt to a criminal 
25charge involving the same factual circumstances involved in the 
26allegations of the report.]

27"General protective services." Those services and activities
28provided by each county agency for [nonabuse] cases requiring
29protective services, as defined by the [Department of Public
30Welfare] department in regulations.

1"Indicated report." [A child abuse report made pursuant to
2this chapter if an investigation by the county agency or the
3Department of Public Welfare determines that substantial
4evidence of the alleged abuse exists based on any of the
5following:

6(1) Available medical evidence.

7(2) The child protective service investigation.

8(3) An admission of the acts of abuse by the
9perpetrator.]

10(1) Subject to paragraphs (2) and (3), a report of child
11abuse made pursuant to this chapter if an investigation by
12the department or county agency determines that substantial
13evidence of the alleged abuse by a perpetrator exists based
14on any of the following:

15(i) Available medical evidence.

16(ii) The child protective service investigation.

17(iii) An admission of the acts of abuse by the
18perpetrator.

19(2) A report may be indicated under paragraph (1)(i) or
20(ii) for any child in need of child protective services,
21regardless of the number of alleged perpetrators or the
22inability to identify the specific perpetrator among two or
23more alleged perpetrators.

24(3) A report may be indicated by a county agency under
25paragraph (1) only upon the approval of the county agency
26administrator, or designee, and a county agency solicitor.

<-27(4) A report may be indicated by the department under
28paragraph (1) only upon approval of the secretary, or
29designee, and legal counsel for the department.

30["Indicated report for school employee." A report made under

1Subchapter C.1 (relating to students in public and private
2schools) if an investigation by the county agency determines
3that substantial evidence of serious bodily injury or sexual
4abuse or exploitation exists based on any of the following:

5(1) Available medical evidence.

6(2) The county agency's investigation.

7(3) An admission of the acts of abuse by the school
8employee.

9"Individual residing in the same home as the child." An
10individual who is 14 years of age or older and who resides in
11the same home as the child.]

<-12"Mandated reporter." A person required to report suspected
13child abuse under section 6311 (relating to persons required to
14report suspected child abuse).

<-15"Mandated reporter." A person who is required by this
16chapter to make a report of suspected child abuse.

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 the
24following:

25(1) Any school of a school district.

26(2) An area vocational-technical school.

27(3) A joint school.

28(4) An intermediate unit.

29(5) A charter school or regional charter school.

30(6) A cyber charter school.

1(7) A private school licensed under the act of January 
228, 1988 (P.L.24, No.11), known as the Private Academic 
3Schools Act.

4(8) A private school accredited by an accrediting
5association approved by the State Board of Education.

6(9) A nonpublic school.

7(10) A community college which is an institution now or
8hereafter created pursuant to Article XIX-A of the act of
9March 10, 1949 (P.L.30, No.14), known as the Public School
10Code of 1949, or the former act of August 24, 1963 (P.L.1132,
11No.484), known as the Community College Act of 1963.

12(11) An independent institution of higher education
13which is an institution of higher education which is operated
14not for profit, located in and incorporated or chartered by
15the Commonwealth, entitled to confer degrees as set forth in
1624 Pa.C.S. § 6505 (relating to power to confer degrees) and
17entitled to apply to itself the designation "college" or
18"university" as provided for by standards and qualifications
19prescribed by the State Board of Education pursuant to 24
20Pa.C.S. Ch. 65 (relating to private colleges, universities
21and seminaries).

22(12) A State-owned university.

23(13) A State-related university.

24(14) A private school licensed under the act of December
2515, 1986 (P.L.1585, No.174), known as the Private Licensed
26Schools Act.

27(15) Hiram G. Andrews Center.

<-28(16) A private residential rehabilitative institution as
29defined in section 914.1-A(c) of the Public School Code of
301949.

1"School employee." An individual who is employed by a
2[public or private school, intermediate unit or area vocational-
3technical] school or who provides a program, activity or service 
4in a school. The term includes an independent contractor that 
5provides a program, activity or service in a school and the
6employees of the independent contractor that is directly 
7responsible for the care, supervision, guidance or training of 
8the child. [The term excludes an individual who has no direct
9contact with students.]

10* * *

<-11Section 2. Sections 6311(c) and 6313(c) of Title 23 are
12amended:

13§ 6311. Persons required to report suspected child abuse.

14* * *

15(c) Staff members of institutions, etc.--Whenever a person
16is required to report under subsection (b) in the capacity as a
17member of the staff of a medical or other public or private
18institution, school, facility or agency, that person shall
19immediately report or cause a report to be made in accordance
20with section 6313. The person required to report shall also
21notify the person in charge of the institution, school, facility
22or agency or the designated agent of the person in charge. [Upon
23notification, the person in charge or the designated agent, if
24any, shall assume the responsibility and have the legal
25obligation to report or cause a report to be made in accordance
26with section 6313.] This chapter does not require more than one
27report from any such institution, school, facility or agency.

28* * *

<-29Section 2. Section 6311 of Title 23 is amended to read:

30§ 6311. [Persons required to report suspected child abuse.

1(a) General rule.--A person who, in the course of
2employment, occupation or practice of a profession, comes into
3contact with children shall report or cause a report to be made
4in accordance with section 6313 (relating to reporting
5procedure) when the person has reasonable cause to suspect, on
6the basis of medical, professional or other training and
7experience, that a child under the care, supervision, guidance
8or training of that person or of an agency, institution,
9organization or other entity with which that person is
10affiliated is a victim of child abuse, including child abuse by
11an individual who is not a perpetrator. Except with respect to
12confidential communications made to a member of the clergy which
13are protected under 42 Pa.C.S. § 5943 (relating to confidential
14communications to clergymen), and except with respect to
15confidential communications made to an attorney which are
16protected by 42 Pa.C.S. § 5916 (relating to confidential
17communications to attorney) or 5928 (relating to confidential
18communications to attorney), the privileged communication
19between any professional person required to report and the
20patient or client of that person shall not apply to situations
21involving child abuse and shall not constitute grounds for
22failure to report as required by this chapter.

23(b) Enumeration of persons required to report.--Persons
24required to report under subsection (a) include, but are not
25limited to, any licensed physician, osteopath, medical examiner,
26coroner, funeral director, dentist, optometrist, chiropractor,
27podiatrist, intern, registered nurse, licensed practical nurse,
28hospital personnel engaged in the admission, examination, care
29or treatment of persons, Christian Science practitioner, member
30of the clergy, school administrator, school teacher, school

1nurse, social services worker, day-care center worker or any
2other child-care or foster-care worker, mental health
3professional, peace officer or law enforcement official.

4(c) Staff members of institutions, etc.--Whenever a person
5is required to report under subsection (b) in the capacity as a
6member of the staff of a medical or other public or private
7institution, school, facility or agency, that person shall
8immediately notify the person in charge of the institution,
9school, facility or agency or the designated agent of the person
10in charge. Upon notification, the person in charge or the
11designated agent, if any, shall assume the responsibility and
12have the legal obligation to report or cause a report to be made
13in accordance with section 6313. This chapter does not require
14more than one report from any such institution, school, facility
15or agency.

16(d) Civil action for discrimination against person filing
17report.--Any person who, under this section, is required to
18report or cause a report of suspected child abuse to be made and
19who, in good faith, makes or causes the report to be made and,
20as a result thereof, is discharged from his employment or in any
21other manner is discriminated against with respect to
22compensation, hire, tenure, terms, conditions or privileges of
23employment, may commence an action in the court of common pleas
24of the county in which the alleged unlawful discharge or
25discrimination occurred for appropriate relief. If the court
26finds that the person is an individual who, under this section,
27is required to report or cause a report of suspected child abuse
28to be made and who, in good faith, made or caused to be made a
29report of suspected child abuse and, as a result thereof, was
30discharged or discriminated against with respect to

1compensation, hire, tenure, terms, conditions or privileges of
2employment, it may issue an order granting appropriate relief,
3including, but not limited to, reinstatement with back pay. The
4department may intervene in any action commenced under this
5subsection.] (Reserved).

6Section 2.1. Title 23 is amended by adding a section to
7read:

8§ 6311.1. Mandated Reporters.

9The following adults shall make a report of suspected child
10abuse if the person has reasonable cause to suspect that a child
11is a victim of child abuse:

12(1)  A person licensed or certified to practice in any
13health-related field under the jurisdiction of the Department
14of State.

15(2) A medical examiner, coroner or funeral director.

16(3)  An employee of a health care facility or provider
17licensed by the Department of Health engaged in the
18admission, examination, care or treatment of individuals.

19(4)  A school administrator, teacher, nurse, guidance
20counselor, coach or other school employee.

21(5)  A child-care services provider.

22(6)  A clergyman, priest, rabbi, minister, Christian
23Science practitioner, religious healer or spiritual leader of
24any regularly established church or other religious
25organization.

26(7)  An individual paid or unpaid, who, on the basis of
27the individual's role as an integral part of a regularly
28scheduled program, activity or service, accepts
29responsibility for a child.

30(8)  A social services worker.

1(9)  A peace officer or law enforcement official.

2(10)  An emergency medical services provider certified by
3the Department of Health.

4(11)  An individual supervised or managed by a person
5listed under paragraph (1), (2), (3), (4), (5), (6), (7),
6(8), (9) or (10), who has direct contact with children in the
7course of employment.

8(12)  An independent contractor.

9Section 2.2. Section 6313 of Title 23 is amended to read:

10§ 6313. Reporting procedure.

<-11* * *

12(c) Written reports.--Written reports from persons required
13to report under section 6311 shall be made to the appropriate
14county agency in a manner and on forms the department prescribes
15by regulation. The written reports shall include the following
16information if available:

17(1) The [names and addresses of the child and the
18parents or other person responsible for the care of the child
19if known.] name, age, gender, address, school and status of
20the child with a disability.

21(1.1) The name and address of the child's parent or
22guardian.

23(2) Where the suspected abuse occurred and the nature of
24the alleged offense.

25[(3) The age and sex of the subjects of the report.]

26(4) The nature and extent of the suspected child abuse,
27including any evidence of prior abuse to the child or
28siblings of the child.

29(5) The name [and relationship], relationship, home
30address and work address of the person or persons responsible

1for causing the suspected abuse, if known, and any evidence
2of prior abuse by that person or persons.

3(6) Family composition.

4(7) The source of the report.

5(8) The person making the report and where that person
6can be reached.

7(9) The actions taken by the reporting source, including
8the taking of photographs and X-rays, removal or keeping of
9the child or notifying the medical examiner or coroner.

10(9.1) Any specific comments or observations that are
11directly related to the alleged incident and the individuals
12involved.

13(10) Any other information which the department may
14require by regulation.

15* * *

<-16[(a) General rule.--Reports from persons required to report
17under section 6311 (relating to persons required to report
18suspected child abuse) shall be made immediately by telephone
19and in writing within 48 hours after the oral report.

20(b) Oral reports.--Oral reports shall be made to the
21department pursuant to Subchapter C (relating to powers and
22duties of department) and may be made to the appropriate county
23agency. When oral reports of suspected child abuse are initially
24received at the county agency, the protective services staff
25shall, after seeing to the immediate safety of the child and
26other children in the home, immediately notify the department of
27the receipt of the report, which is to be held in the pending
28complaint file as provided in Subchapter C. The initial child
29abuse report summary shall be supplemented with a written report
30when a determination is made as to whether a report of suspected

1child abuse is a founded report, an unfounded report or an
2indicated report.

3(c) Written reports.--Written reports from persons required
4to report under section 6311 shall be made to the appropriate
5county agency in a manner and on forms the department prescribes
6by regulation. The written reports shall include the following
7information if available:

8(1) The names and addresses of the child and the parents
9or other person responsible for the care of the child if
10known.

11(2) Where the suspected abuse occurred.

12(3) The age and sex of the subjects of the report.

13(4) The nature and extent of the suspected child abuse,
14including any evidence of prior abuse to the child or
15siblings of the child.

16(5) The name and relationship of the person or persons
17responsible for causing the suspected abuse, if known, and
18any evidence of prior abuse by that person or persons.

19(6) Family composition.

20(7) The source of the report.

21(8) The person making the report and where that person
22can be reached.

23(9) The actions taken by the reporting source, including
24the taking of photographs and X-rays, removal or keeping of
25the child or notifying the medical examiner or coroner.

26(10) Any other information which the department may
27require by regulation.

28(d) Failure to confirm oral report.--The failure of a person
29reporting cases of suspected child abuse to confirm an oral
30report in writing within 48 hours shall not relieve the county

1agency from any duties prescribed by this chapter. In such
2event, the county agency shall proceed as if a written report
3were actually made.]

4(a) Report by mandated reporter.--

5(1) A mandated reporter shall immediately make an oral 
6or written report, which may be submitted electronically, of 
7suspected child abuse to the department.

8(2) A mandated reporter making an oral report under 
9paragraph (1) of suspected child abuse shall also make a 
10written report, which may be submitted electronically, within 
1148 hours to the department or county agency assigned to the 
12case in a manner and format prescribed by the department.

13(3) The failure of the mandated reporter to file the
14report under paragraph (2) shall not relieve the county
15agency from any duty under this chapter, and the county
16agency shall proceed as though the mandated reporter complied
17with paragraph (2).

18(4) A mandated reporter making a report shall notify the
19person in charge of the institution, school, facility or
20agency or the designated agent of the person in charge.

21(b) Contents of report.--A written report of suspected child
22abuse, which may be submitted electronically, shall include the
23following information, if known:

24(1) The names and addresses of the child, the child's
25parents and any other person responsible for the child's
26welfare.

27(2) Where the suspected abuse occurred.

28(3) The age and sex of each subject of the report.

29(4) The nature and extent of the suspected child abuse,
30including any evidence of prior abuse to the child or any

1sibling of the child.

2(5) The name and relationship of each individual
3responsible for causing the suspected abuse and any evidence
4of prior abuse by each individual.

5(6) Family composition.

6(7) The source of the report.

7(8) The person making the report and where that person
8can be reached.

9(9) The actions taken by the person making the report,
10including those actions taken under section 6314 (relating to
11photographs, medical tests and X-rays of child subject to
12report), 6315 (relating to taking child into protective
13custody), 6316 (relating to admission to private and public
14hospitals) or 6317 (relating to mandatory reporting and
15postmortem investigation of deaths).

16(10) Any other information required by Federal law or
17regulation.

18(11) Any other information that the department requires 
19by regulation.

20Section 3. Subchapter C.1 of Chapter 63 of Title 23 is
21repealed:

22[SUBCHAPTER C.1

23STUDENTS IN PUBLIC AND PRIVATE SCHOOLS

24Sec.

256351. Definitions.

266352. School employees.

276353. Administration.

286353.1. Investigation.

296353.2. Responsibilities of county agency.

306353.3. Information in Statewide central register.

16353.4. Other provisions.

2§ 6351. Definitions.

3The following words and phrases when used in this subchapter
4shall have the meanings given to them in this section unless the
5context clearly indicates otherwise:

6"Administrator." The person responsible for the
7administration of a public or private school, intermediate unit
8or area vocational-technical school. The term includes an
9independent contractor.

10§ 6352. School employees.

11(a) Requirement.--

12(1) Except as provided in paragraph (2), a school
13employee who has reasonable cause to suspect, on the basis of
14professional or other training and experience, that a student
15coming before the school employee in the employee's
16professional or official capacity is a victim of serious
17bodily injury or sexual abuse or sexual exploitation by a
18school employee shall immediately contact the administrator.

19(2) If the school employee accused of seriously injuring
20or sexually abusing or exploiting a student is the
21administrator, the school employee who has reasonable cause
22to suspect, on the basis of professional or other training
23and experience, that a student coming before the school
24employee in the employee's professional or official capacity
25is a victim of serious bodily injury or sexual abuse or
26sexual exploitation shall immediately report to law
27enforcement officials and the district attorney under section
286353(a) (relating to administration). If an administrator is
29the school employee who suspects injury or abuse, the
30administrator shall make a report under section 6353(a).

1(3) The school employee may not reveal the existence or
2content of the report to any other person.

3(b) Immunity.--A school employee who refers a report under
4subsection (a) shall be immune from civil and criminal liability
5arising out of the report.

6(c) Criminal penalty.--

7(1) A school employee who willfully violates subsection
8(a) commits a summary offense.

9(2) A school employee who, after being sentenced under
10paragraph (1), violates subsection (a) commits a misdemeanor
11of the third degree.

12§ 6353. Administration.

13(a) Requirement.--An administrator and a school employee
14governed by section 6352(a)(2) (relating to school employees)
15shall report immediately to law enforcement officials and the
16appropriate district attorney any report of serious bodily
17injury or sexual abuse or sexual exploitation alleged to have
18been committed by a school employee against a student.

19(b) Report.--A report under subsection (a) shall include the
20following information:

21(1) Name, age, address and school of the student.

22(2) Name and address of the student's parent or
23guardian.

24(3) Name and address of the administrator.

25(4) Name, work and home address of the school employee.

26(5) Nature of the alleged offense.

27(6) Any specific comments or observations that are
28directly related to the alleged incident and the individuals
29involved.

30(c) Immunity.--An administrator who makes a report under

1subsection (a) shall be immune from civil or criminal liability
2arising out of the report.

3(d) Criminal penalty.--An administrator who willfully
4violates subsection (a) commits a misdemeanor of the third
5degree.

6§ 6353.1. Investigation.

7(a) General rule.--Upon receipt of a report under section
86353 (relating to administration), an investigation shall be
9conducted by law enforcement officials, in cooperation with the
10district attorney, and a determination made as to what criminal
11charges, if any, will be filed against the school employee.

12(b) Referral to county agency.--

13(1) If local law enforcement officials have reasonable
14cause to suspect on the basis of initial review that there is
15evidence of serious bodily injury, sexual abuse or sexual
16exploitation committed by a school employee against a
17student, local law enforcement officials shall notify the
18county agency in the county where the alleged abuse or injury
19occurred for the purpose of the agency conducting an
20investigation of the alleged abuse or injury.

21(2) To the fullest extent possible, law enforcement
22officials and the county agency shall coordinate their
23respective investigations. In respect to interviews with the
24student, law enforcement officials and the county agency
25shall conduct joint interviews. In respect to interviews with
26the school employee, law enforcement officials shall be given
27an opportunity to interview the school employee prior to the
28employee having any contact with the county agency.

29(3) The county agency and law enforcement officials have
30the authority to arrange for photographs, medical tests or X-


1rays of a student alleged to have been abused or injured by a
2school employee. The county agency and law enforcement
3officials shall coordinate their efforts in this regard and,
4to the fullest extent possible, avoid the duplication of any
5photographs, medical tests or X-rays.

6(4) Law enforcement officials and the county agency
7shall advise each other of the status and findings of their
8respective investigations on an ongoing basis.

9§ 6353.2. Responsibilities of county agency.

10(a) Information for the pending complaint file.--Immediately
11after receiving a report under section 6353.1 (relating to
12investigation), the county agency shall notify the department of
13the receipt of the report, which is to be filed in the pending
14complaint file as provided in section 6331(1) (relating to
15establishment of pending complaint file, Statewide central
16register and file of unfounded reports). The oral report shall
17include the following information:

18(1) The name and address of the student and the
19student's parent or guardian.

20(2) Where the suspected abuse or injury occurred.

21(3) The age and sex of the student.

22(4) The nature and extent of the suspected abuse or
23injury.

24(5) The name and home address of the school employee
25alleged to have committed the abuse or injury.

26(6) The relationship of the student to the school
27employee alleged to have committed the abuse or injury.

28(7) The source of the report to the county agency.

29(8) The actions taken by the county agency, law
30enforcement officials, parents, guardians, school officials

1or other persons, including the taking of photographs,
2medical tests and X-rays.

3(b) Investigation of reports.--Upon receipt of a report
4under section 6353.1, the county agency shall commence, within
5the time frames established in department regulations, an
6investigation of the nature, extent and cause of any alleged
7abuse or injury enumerated in the report. The county agency
8shall coordinate its investigation to the fullest extent
9possible with law enforcement officials as provided in section
106353.1(b).

11(c) Completion of investigation.--The investigation by the
12county agency to determine whether the report is an indicated
13report for school employee or an unfounded report shall be
14completed within 60 days.

15(d) Notice to subject of a report.--Prior to interviewing a
16subject of the report, the county agency shall orally notify the
17subject of the report of the existence of the report and the
18subject's rights under this chapter in regard to amendment or
19expungement. Within 72 hours following oral notification to the
20subject, the county agency shall give written notice to the
21subject. The notice may be reasonably delayed if notification is
22likely to threaten the safety of the student or the county
23agency worker, to cause the school employee to abscond or to
24significantly interfere with the conduct of a criminal
25investigation.

26(e) Reliance on factual investigation.--The county agency
27may rely on a factual investigation of substantially the same
28allegations by a law enforcement officials to support the
29agency's finding. This reliance shall not relieve the county
30agency of its responsibilities relating to the investigation of

1reports under this subchapter.

2(f) Notice to the department of the county agency's
3determination.--As soon as the county agency has completed its
4investigation, the county agency shall advise the department and
5law enforcement officials of its determination of the report as
6an indicated report for school employee or an unfounded report.
7Supplemental reports shall be made at regular intervals
8thereafter in a manner and form the department prescribes by
9regulation to the end that the department is kept fully informed
10and up-to-date concerning the status of the report.

11§ 6353.3. Information in Statewide central register.

12The Statewide central register established under section 6331
13(relating to establishment of pending complaint file, Statewide
14central register and file of unfounded reports) shall retain
15only the following information relating to reports of abuse or
16injury of a student by a school employee which have been
17determined to be a founded report for school employee or an
18indicated report for school employee:

19(1) The names, Social Security numbers, age and sex of
20the subjects of the report.

21(2) The home address of the subjects of the report.

22(3) The date and the nature and extent of the alleged
23abuse or injury.

24(4) The county and state where the abuse or injury
25occurred.

26(5) Factors contributing to the abuse or injury.

27(6) The source of the report.

28(7) Whether the report is a founded or indicated report.

29(8) Information obtained by the department in relation
30to the school employee's request to release, amend or expunge

1information retained by the department or the county agency.

2(9) The progress of any legal proceedings brought on the
3basis of the report.

4(10) Whether a criminal investigation has been
5undertaken and the result of the investigation and of any
6criminal prosecution.

7§ 6353.4. Other provisions.

8The following provisions shall apply to the release and
9retention of information by the department and the county agency
10concerning reports of abuse or injury committed by a school
11employee as provided by this subchapter:

12Section 6336(b) and (c) (relating to information in Statewide
13central register).

14Section 6337 (relating to disposition of unfounded reports).

15Section 6338(a) and (b) (relating to disposition of founded
16and indicated reports).

17Section 6339 (relating to confidentiality of reports).

18Section 6340 (relating to release of information in
19confidential reports).

20Section 6341(a) through (f) (relating to amendment or
21expunction of information).

22Section 6342 (relating to studies of data in records).]

23Section 4. This act shall take effect <-in 60 days January 1, 
242014.