AN ACT

 

1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child protective services, further
3providing for definitions, <-and, for persons required to
4report suspected child abuse and for reporting procedure <-and 
5for investigating performance of county agency; <-and repealing
6provisions relating to definitions, school employees,
7administration, investigation, responsibilities of county
8agency for child protective services and report information<-; 
9and further providing for services for prevention, 
10investigation and treatment of child abuse.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

<-13Section 1. The definitions of "founded report," "founded
14report for school employee," "general protective services,"
15"indicated report," "indicated report for school employee,"
16"individual residing in the same home as the child," "near
17fatality" and "school employee" in section 6303(a) of Title 23
18of the Pennsylvania Consolidated Statutes are amended and the
19subsection is amended by adding definitions to read:

<-1Section 1. The definitions of "bodily injury," "founded
2report," "general protective services," "indicated report for
3school employee," "individual residing in the same home as the
4child," "near fatality" and "school employee" in section 6303(a)
5of Title 23 of the Pennsylvania Consolidated Statutes, amended
6December 18, 2013 (P.L.1195, No.117), are amended and the
7subsection is amended by adding definitions to read:

8§ 6303. Definitions.

9(a) General rule.--The following words and phrases when used
10in this chapter shall have the meanings given to them in this
11section unless the context clearly indicates otherwise:

12* * *

<-13["Bodily injury." Impairment of physical condition or 
14substantial pain.]

15"Bodily injury." Impairment of physical condition or
16substantial pain.

<-17* * *

18"Disability." The term shall have the same meaning as the
19term is given in section 3 of the Americans with Disabilities
20Act of 1990 (Public Law 101-336, 42 U.S.C. § 12102(2)).

21* * *

22"Founded report." [A child abuse report made pursuant to
23this chapter if there has been any judicial adjudication based
24on a finding that a child who is a subject of the report has
25been abused, including the entry of a plea of guilty or nolo
26contendere or a finding of guilt to a criminal charge involving
27the same factual circumstances involved in the allegation of
28child abuse.] A child abuse report involving a perpetrator that
29is made pursuant to this chapter, if any of the following
30applies:

1(1) There has been a judicial adjudication based on a
2finding that a child who is a subject of the report has been
3abused and the adjudication involves the same factual
4circumstances involved in the allegation of child abuse. The
5judicial adjudication may include any of the following:

6(i) The entry of a plea of guilty or nolo
7contendere.

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

9(iii)  A finding of dependency under 42 Pa.C.S. § 
106341 (relating to adjudication) if the court has entered 
11a finding that a child who is the subject of the report 
12has been abused.

13(iv) A finding of delinquency under 42 Pa.C.S. § 
146341 if the court has entered a finding that the child 
15who is the subject of the report has been abused by the 
16child who was found to be delinquent.

17(2) There has been an acceptance into an accelerated
18rehabilitative disposition program and the reason for the
19acceptance involves the same factual circumstances involved
20in the allegation of child abuse.

21(3) There has been a consent decree entered in a
22juvenile proceeding under 42 Pa.C.S. Ch. 63 (relating to
23juvenile matters), the decree involves the same factual
24circumstances involved in the allegation of child abuse, and 
25the terms and conditions thereof include an acknowledgment, 
26admission or finding that a child who is the subject of the 
27report has been abused by the child who is alleged to be 
28delinquent.

29(4) A final protection from abuse order has been granted
30under section 6108 (relating to relief), when the child who

1is a subject of the report is also one of the individuals
2protected under the protection from abuse order and:

3(i) only one individual is charged with the abuse in
4the protection from abuse action;

5(ii) only that individual defends against the
6charge; and

7(iii) the protection from abuse adjudication finds
8that the abuse occurred and restricts visitation to 
9include supervised custody or prohibits further contact
10between the individual and the child.

11["Founded report for school employee." A report under
12Subchapter C.1 (relating to students in public and private
13schools) if there has been any judicial adjudication based on a
14finding that the victim has suffered serious bodily injury or
15sexual abuse or exploitation, including the entry of a plea of
16guilty or nolo contendere or a finding of guilt to a criminal
17charge involving the same factual circumstances involved in the
18allegations of the report.]

19* * *<-

20"Founded report." A child abuse report involving a 
21perpetrator that is made pursuant to this chapter, if any of the 
22following applies:

23(1) There has been a judicial adjudication based on a
24finding that a child who is a subject of the report has been
25abused and the adjudication involves the same factual
26circumstances involved in the allegation of child abuse. The
27judicial adjudication may include any of the following:

28(i) The entry of a plea of guilty or nolo
29contendere.

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

1(iii) A finding of dependency under 42 Pa.C.S. §
26341 (relating to adjudication) if the court has entered
3a finding that a child who is the subject of the report
4has been abused.

5(iv) A finding of delinquency under 42 Pa.C.S. §
66341 if the court has entered a finding that the child
7who is the subject of the report has been abused by the
8child who was found to be delinquent.

9(2) There has been an acceptance into an accelerated
10rehabilitative disposition program and the reason for the
11acceptance involves the same factual circumstances involved
12in the allegation of child abuse.

13(3) There has been a consent decree entered in a
14juvenile proceeding under 42 Pa.C.S. Ch. 63 (relating to
15juvenile matters), the decree involves the same factual
16circumstances involved in the allegation of child abuse and
17the terms and conditions of the [allegation] consent decree
18include an acknowledgment, admission or finding that a child
19who is the subject of the report has been abused by the child
20who is alleged to be delinquent.

21(4) A final protection from abuse order has been granted
22under section 6108 (relating to relief), when the child who
23is a subject of the report is one of the individuals
24protected under the protection from abuse order and:

25(i) only one individual is charged with the abuse in
26the protection from abuse action;

27(ii) only that individual defends against the
28charge;

29(iii) the adjudication involves the same factual
30circumstances involved in the allegation of child abuse;

1and

2(iv) the protection from abuse adjudication finds
3that the child abuse occurred.

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
13following:

14(1) Available medical evidence.

15(2) The child protective service investigation.

16(3) An admission of the acts of abuse by the
17perpetrator.]

18(1) Subject to paragraphs (2) and (3), a report of child
19abuse made pursuant to this chapter if an investigation by
20the department 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.

25(iii) An admission of the acts of abuse by the
26perpetrator.

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(3) A report may be indicated by a county agency under
3paragraph (1) only upon the approval of the county agency
4administrator, or designee, and a county agency solicitor.

5(4) A report may be indicated by the department under
6paragraph (1) only upon approval of the secretary, or
7designee, and legal counsel for the department.

8* * *<-

9["Indicated report for school employee." A report made under
10Subchapter C.1 (relating to students in public and private
11schools) if an investigation by the county agency determines
12that substantial evidence of serious bodily injury or sexual
13abuse or exploitation exists based on any of the following:

14(1) Available medical evidence.

15(2) The county agency's investigation.

16(3) An admission of the acts of abuse by the school
17employee.

18"Individual residing in the same home as the child." An
19individual who is 14 years of age or older and who resides in
20the same home as the child.]

<-21"Independent contractor." An individual who provides a
22program, activity or service to an agency, institution,
23organization or other entity, including a school or regularly
24established religious organization, that is responsible for the
25care, supervision, guidance or control of children. The term
26does not include an individual who has no direct contact with
27children.

28"Mandated reporter." A person who is required by this 
29chapter to make a report of suspected child abuse.

30* * *<-

1"Near fatality." [An act that, as certified by a physician,
2places a child in serious or critical condition.] A child's 
3serious or critical condition, as certified by a physician, 
4where that child is a subject of the report of child abuse.

5* * *

6"School." A facility providing elementary, secondary or
7postsecondary educational services. The term includes the
8following:

9(1) Any school of a school district.

10(2) An area vocational-technical school.

11(3) A joint school.

12(4) An intermediate unit.

13(5) A charter school or regional charter school.

14(6) A cyber charter school.

15(7) A private school licensed under the act of January 
1628, 1988 (P.L.24, No.11), known as the Private Academic 
17Schools Act.

18(8) A private school accredited by an accrediting
19association approved by the State Board of Education.

20(9) A nonpublic school.

21(10) A community college which is an institution now or
22hereafter created pursuant to Article XIX-A of the act of
23March 10, 1949 (P.L.30, No.14), known as the Public School
24Code of 1949, or the former act of August 24, 1963 (P.L.1132,
25No.484), known as the Community College Act of 1963.

26(11) An independent institution of higher education
27which is an institution of higher education which is operated
28not for profit, located in and incorporated or chartered by
29the Commonwealth, entitled to confer degrees as set forth in
3024 Pa.C.S. § 6505 (relating to power to confer degrees) and

1entitled to apply to itself the designation "college" or
2"university" as provided for by standards and qualifications
3prescribed by the State Board of Education pursuant to 24
4Pa.C.S. Ch. 65 (relating to private colleges, universities
5and seminaries).

6(12) A State-owned university.

7(13) A State-related university.

8(14) A private school licensed under the act of December
915, 1986 (P.L.1585, No.174), known as the Private Licensed
10Schools Act.

11(15) Hiram G. Andrews Center.

12(16) A private residential rehabilitative institution as
13defined in section 914.1-A(c) of the Public School Code of
141949.

15"School employee." An individual who is employed by a
16[public or private school, intermediate unit or area vocational-
17technical] school or who provides a program, activity or service 
18in sponsored by a school. <-[The term includes an independent
19contractor [and employees].<-] [The term excludes an individual
20who has no direct contact with <-[students] children.]

21* * *

22Section 2. <-Section 6311 6311(c) of Title 23 is Sections 
236311(c) and 6343(c)(3) of Title 23 are amended to read:

24§ 6311. <-[Persons required to report suspected child abuse.

<-25(a) General rule.--A person who, in the course of
26employment, occupation or practice of a profession, comes into
27contact with children shall report or cause a report to be made
28in accordance with section 6313 (relating to reporting
29procedure) when the person has reasonable cause to suspect, on
30the basis of medical, professional or other training and

1experience, that a child under the care, supervision, guidance
2or training of that person or of an agency, institution,
3organization or other entity with which that person is
4affiliated is a victim of child abuse, including child abuse by
5an individual who is not a perpetrator. Except with respect to
6confidential communications made to a member of the clergy which
7are protected under 42 Pa.C.S. § 5943 (relating to confidential
8communications to clergymen), and except with respect to
9confidential communications made to an attorney which are
10protected by 42 Pa.C.S. § 5916 (relating to confidential
11communications to attorney) or 5928 (relating to confidential
12communications to attorney), the privileged communication
13between any professional person required to report and the
14patient or client of that person shall not apply to situations
15involving child abuse and shall not constitute grounds for
16failure to report as required by this chapter.

17(b) Enumeration of persons required to report.--Persons
18required to report under subsection (a) include, but are not
19limited to, any licensed physician, osteopath, medical examiner,
20coroner, funeral director, dentist, optometrist, chiropractor,
21podiatrist, intern, registered nurse, licensed practical nurse,
22hospital personnel engaged in the admission, examination, care
23or treatment of persons, Christian Science practitioner, member
24of the clergy, school administrator, school teacher, school
25nurse, social services worker, day-care center worker or any
26other child-care or foster-care worker, mental health
27professional, peace officer or law enforcement official.

<-28* * *

29(c) Staff members of institutions, etc.--Whenever a person
30is required to report under subsection (b) in the capacity as a

1member of the staff of a medical or other public or private
2institution, school, facility or agency, that person shall 
<-3report immediately in accordance with section 6313 and shall 
4immediately <-thereafter notify the person in charge of the
5institution, school, facility or agency or the designated agent
6of the person in charge. Upon notification, the person in charge
7or the designated agent, if any, shall <-[assume the
8responsibility and have the legal obligation to report or cause
9a report to be made in accordance with section 6313.<-] facilitate 
10the cooperation of the institution, school, facility or agency 
11with the investigation of the report. Any intimidation, 
12retaliation or obstruction in the investigation of the report is 
13subject to the provisions of 18 Pa.C.S. § 4958 (relating to 
14intimidation, retaliation or obstruction in child abuse cases).
15This chapter does not require more than one report from any such
16institution, school, facility or agency.

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

1discharged or discriminated against with respect to
2compensation, hire, tenure, terms, conditions or privileges of
3employment, it may issue an order granting appropriate relief,
4including, but not limited to, reinstatement with back pay. The
5department may intervene in any action commenced under this
6subsection.] (Reserved).

<-7* * *

<-8Section 2.1. Title 23 is amended by adding a section to
9read:

10§ 6311.1. Mandated Reporters.

11The following adults shall make a report of suspected child
12abuse if the person has reasonable cause to suspect that a child
13is a victim of child abuse:

14(1)  A person licensed or certified to practice in any
15health-related field under the jurisdiction of the Department
16of State.

17(2) A medical examiner, coroner or funeral director.

18(3)  An employee of a health care facility or provider
19licensed by the Department of Health engaged in the
20admission, examination, care or treatment of individuals.

21(4)  A school administrator, teacher, nurse, guidance
22counselor, coach or other school employee.

23(5)  A child-care services provider.

24(6)  A clergyman, priest, rabbi, minister, Christian
25Science practitioner, religious healer or spiritual leader of
26any regularly established church or other religious
27organization.

28(7)  An individual paid or unpaid, who, on the basis of
29the individual's role as an integral part of a regularly
30scheduled program, activity or service, accepts

1responsibility for a child.

2(8)  A social services worker.

3(9)  A peace officer or law enforcement official.

4(10)  An emergency medical services provider certified by
5the Department of Health.

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

10(12)  An independent contractor.

11Section 2.2. Section 6313 of Title 23 is amended to read:

12§ 6313. Reporting procedure.

13[(a) General rule.--Reports from persons required to report
14under section 6311 (relating to persons required to report
15suspected child abuse) shall be made immediately by telephone
16and in writing within 48 hours after the oral report.

17(b) Oral reports.--Oral reports shall be made to the
18department pursuant to Subchapter C (relating to powers and
19duties of department) and may be made to the appropriate county
20agency. When oral reports of suspected child abuse are initially
21received at the county agency, the protective services staff
22shall, after seeing to the immediate safety of the child and
23other children in the home, immediately notify the department of
24the receipt of the report, which is to be held in the pending
25complaint file as provided in Subchapter C. The initial child
26abuse report summary shall be supplemented with a written report
27when a determination is made as to whether a report of suspected
28child abuse is a founded report, an unfounded report or an
29indicated report.

30(c) Written reports.--Written reports from persons required

1to report under section 6311 shall be made to the appropriate
2county agency in a manner and on forms the department prescribes
3by regulation. The written reports shall include the following
4information if available:

5(1) The names and addresses of the child and the parents
6or other person responsible for the care of the child if
7known.

8(2) Where the suspected abuse occurred.

9(3) The age and sex of the subjects of the report.

10(4) The nature and extent of the suspected child abuse,
11including any evidence of prior abuse to the child or
12siblings of the child.

13(5) The name and relationship of the person or persons
14responsible for causing the suspected abuse, if known, and
15any evidence of prior abuse by that person or persons.

16(6) Family composition.

17(7) The source of the report.

18(8) The person making the report and where that person
19can be reached.

20(9) The actions taken by the reporting source, including
21the taking of photographs and X-rays, removal or keeping of
22the child or notifying the medical examiner or coroner.

23(10) Any other information which the department may
24require by regulation.

25(d) Failure to confirm oral report.--The failure of a person
26reporting cases of suspected child abuse to confirm an oral
27report in writing within 48 hours shall not relieve the county
28agency from any duties prescribed by this chapter. In such
29event, the county agency shall proceed as if a written report
30were actually made.]

1(a) Report by mandated reporter.--

2(1) A mandated reporter shall immediately make an oral 
3report of suspected child abuse to the department via the 
4Statewide toll-free telephone number under section 6332 
5(relating to establishment of Statewide toll-free telephone 
6number) or a written report using electronic technologies 
7under section 6304 (relating to electronic reporting).

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 
19immediately thereafter the person in charge of the
20institution, school, facility or agency or the designated
21agent of the person in charge.

22(b) Contents of report.--A written report of suspected child
23abuse, which may be submitted electronically, shall include the
24following information, if known:

25(1) The names and addresses of the child, the child's
26parents and any other person responsible for the child's
27welfare.

28(2) Where the suspected abuse occurred.

29(3) The age and sex of each subject of the report.

30(4) The nature and extent of the suspected child abuse,

1including any evidence of prior abuse to the child or any
2sibling of the child.

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

6(6) Family composition.

7(7) The source of the report.

8(8) The person making the report and where that person
9can be reached.

10(9) The actions taken by the person making the report,
11including those actions taken under section 6314 (relating to
12photographs, medical tests and X-rays of child subject to
13report), 6315 (relating to taking child into protective
14custody), 6316 (relating to admission to private and public
15hospitals) or 6317 (relating to mandatory reporting and
16postmortem investigation of deaths).

17(10) Any other information required by Federal law or
18regulation.

19(11) Any other information that the department requires
20by regulation.

21Section 3. Subchapter C.1 of Chapter 63 of Title 23 is
22repealed:

23[SUBCHAPTER C.1

24STUDENTS IN PUBLIC AND PRIVATE SCHOOLS

25Sec.

266351. Definitions.

276352. School employees.

286353. Administration.

296353.1. Investigation.

306353.2. Responsibilities of county agency.

16353.3. Information in Statewide central register.

26353.4. Other provisions.

3§ 6351. Definitions.

4The following words and phrases when used in this subchapter
5shall have the meanings given to them in this section unless the
6context clearly indicates otherwise:

7"Administrator." The person responsible for the
8administration of a public or private school, intermediate unit
9or area vocational-technical school. The term includes an
10independent contractor.

11§ 6352. School employees.

12(a) Requirement.--

13(1) Except as provided in paragraph (2), a school
14employee who has reasonable cause to suspect, on the basis of
15professional or other training and experience, that a student
16coming before the school employee in the employee's
17professional or official capacity is a victim of serious
18bodily injury or sexual abuse or sexual exploitation by a
19school employee shall immediately contact the administrator.

20(2) If the school employee accused of seriously injuring
21or sexually abusing or exploiting a student is the
22administrator, the school employee who has reasonable cause
23to suspect, on the basis of professional or other training
24and experience, that a student coming before the school
25employee in the employee's professional or official capacity
26is a victim of serious bodily injury or sexual abuse or
27sexual exploitation shall immediately report to law
28enforcement officials and the district attorney under section
296353(a) (relating to administration). If an administrator is
30the school employee who suspects injury or abuse, the

1administrator shall make a report under section 6353(a).

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

4(b) Immunity.--A school employee who refers a report under
5subsection (a) shall be immune from civil and criminal liability
6arising out of the report.

7(c) Criminal penalty.--

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

10(2) A school employee who, after being sentenced under
11paragraph (1), violates subsection (a) commits a misdemeanor
12of the third degree.

13§ 6353. Administration.

14(a) Requirement.--An administrator and a school employee
15governed by section 6352(a)(2) (relating to school employees)
16shall report immediately to law enforcement officials and the
17appropriate district attorney any report of serious bodily
18injury or sexual abuse or sexual exploitation alleged to have
19been committed by a school employee against a student.

20(b) Report.--A report under subsection (a) shall include the
21following information:

22(1) Name, age, address and school of the student.

23(2) Name and address of the student's parent or
24guardian.

25(3) Name and address of the administrator.

26(4) Name, work and home address of the school employee.

27(5) Nature of the alleged offense.

28(6) Any specific comments or observations that are
29directly related to the alleged incident and the individuals
30involved.

1(c) Immunity.--An administrator who makes a report under
2subsection (a) shall be immune from civil or criminal liability
3arising out of the report.

4(d) Criminal penalty.--An administrator who willfully
5violates subsection (a) commits a misdemeanor of the third
6degree.

7§ 6353.1. Investigation.

8(a) General rule.--Upon receipt of a report under section
96353 (relating to administration), an investigation shall be
10conducted by law enforcement officials, in cooperation with the
11district attorney, and a determination made as to what criminal
12charges, if any, will be filed against the school employee.

13(b) Referral to county agency.--

14(1) If local law enforcement officials have reasonable
15cause to suspect on the basis of initial review that there is
16evidence of serious bodily injury, sexual abuse or sexual
17exploitation committed by a school employee against a
18student, local law enforcement officials shall notify the
19county agency in the county where the alleged abuse or injury
20occurred for the purpose of the agency conducting an
21investigation of the alleged abuse or injury.

22(2) To the fullest extent possible, law enforcement
23officials and the county agency shall coordinate their
24respective investigations. In respect to interviews with the
25student, law enforcement officials and the county agency
26shall conduct joint interviews. In respect to interviews with
27the school employee, law enforcement officials shall be given
28an opportunity to interview the school employee prior to the
29employee having any contact with the county agency.

30(3) The county agency and law enforcement officials have

1the authority to arrange for photographs, medical tests or X-
2rays of a student alleged to have been abused or injured by a
3school employee. The county agency and law enforcement
4officials shall coordinate their efforts in this regard and,
5to the fullest extent possible, avoid the duplication of any
6photographs, medical tests or X-rays.

7(4) Law enforcement officials and the county agency
8shall advise each other of the status and findings of their
9respective investigations on an ongoing basis.

10§ 6353.2. Responsibilities of county agency.

11(a) Information for the pending complaint file.--Immediately
12after receiving a report under section 6353.1 (relating to
13investigation), the county agency shall notify the department of
14the receipt of the report, which is to be filed in the pending
15complaint file as provided in section 6331(1) (relating to
16establishment of pending complaint file, Statewide central
17register and file of unfounded reports). The oral report shall
18include the following information:

19(1) The name and address of the student and the
20student's parent or guardian.

21(2) Where the suspected abuse or injury occurred.

22(3) The age and sex of the student.

23(4) The nature and extent of the suspected abuse or
24injury.

25(5) The name and home address of the school employee
26alleged to have committed the abuse or injury.

27(6) The relationship of the student to the school
28employee alleged to have committed the abuse or injury.

29(7) The source of the report to the county agency.

30(8) The actions taken by the county agency, law

1enforcement officials, parents, guardians, school officials
2or other persons, including the taking of photographs,
3medical tests and X-rays.

4(b) Investigation of reports.--Upon receipt of a report
5under section 6353.1, the county agency shall commence, within
6the time frames established in department regulations, an
7investigation of the nature, extent and cause of any alleged
8abuse or injury enumerated in the report. The county agency
9shall coordinate its investigation to the fullest extent
10possible with law enforcement officials as provided in section
116353.1(b).

12(c) Completion of investigation.--The investigation by the
13county agency to determine whether the report is an indicated
14report for school employee or an unfounded report shall be
15completed within 60 days.

16(d) Notice to subject of a report.--Prior to interviewing a
17subject of the report, the county agency shall orally notify the
18subject of the report of the existence of the report and the
19subject's rights under this chapter in regard to amendment or
20expungement. Within 72 hours following oral notification to the
21subject, the county agency shall give written notice to the
22subject. The notice may be reasonably delayed if notification is
23likely to threaten the safety of the student or the county
24agency worker, to cause the school employee to abscond or to
25significantly interfere with the conduct of a criminal
26investigation.

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

1agency of its responsibilities relating to the investigation of
2reports under this subchapter.

3(f) Notice to the department of the county agency's
4determination.--As soon as the county agency has completed its
5investigation, the county agency shall advise the department and
6law enforcement officials of its determination of the report as
7an indicated report for school employee or an unfounded report.
8Supplemental reports shall be made at regular intervals
9thereafter in a manner and form the department prescribes by
10regulation to the end that the department is kept fully informed
11and up-to-date concerning the status of the report.

12§ 6353.3. Information in Statewide central register.

13The Statewide central register established under section 6331
14(relating to establishment of pending complaint file, Statewide
15central register and file of unfounded reports) shall retain
16only the following information relating to reports of abuse or
17injury of a student by a school employee which have been
18determined to be a founded report for school employee or an
19indicated report for school employee:

20(1) The names, Social Security numbers, age and sex of
21the subjects of the report.

22(2) The home address of the subjects of the report.

23(3) The date and the nature and extent of the alleged
24abuse or injury.

25(4) The county and state where the abuse or injury
26occurred.

27(5) Factors contributing to the abuse or injury.

28(6) The source of the report.

29(7) Whether the report is a founded or indicated report.

30(8) Information obtained by the department in relation

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

3(9) The progress of any legal proceedings brought on the
4basis of the report.

5(10) Whether a criminal investigation has been
6undertaken and the result of the investigation and of any
7criminal prosecution.

8§ 6353.4. Other provisions.

9The following provisions shall apply to the release and
10retention of information by the department and the county agency
11concerning reports of abuse or injury committed by a school
12employee as provided by this subchapter:

13Section 6336(b) and (c) (relating to information in Statewide
14central register).

15Section 6337 (relating to disposition of unfounded reports).

16Section 6338(a) and (b) (relating to disposition of founded
17and indicated reports).

18Section 6339 (relating to confidentiality of reports).

19Section 6340 (relating to release of information in
20confidential reports).

21Section 6341(a) through (f) (relating to amendment or
22expunction of information).

23Section 6342 (relating to studies of data in records).]

<-24§ 6343. Investigating performance of county agency.

25* * *

26(c) Department reviews and reports of child fatalities and
27near fatalities.--

28* * *

29(3) Prior to completing its report, the department may
30release the following information to the public concerning a

1child who died or nearly died as a result of suspected or
2substantiated child abuse:

3(i) The identity of the child, only in the case of a 
4child's fatality.

5(ii) If the child was in the custody of a public or
6private agency, the identity of the agency.

7(iii) The identity of the public or private agency
8under contract with a county agency to provide services
9to the child and the child's family in the child's home
10prior to the child's death or near fatality.

11(iv) A description of services provided under
12subparagraph (iii).

13(v) The identity of the county agency that convened
14a child fatality or near fatality review team with
15respect to the child.

16* * *

<-17Section 3. Subchapter C.1 heading of Chapter 63 of Title 23 
18is repealed:

19[SUBCHAPTER C.1

20STUDENTS IN PUBLIC AND PRIVATE SCHOOLS]

21Section 4. Sections 6351, 6352, 6353 and 6353.1 of Title 23
22are repealed:

23[§ 6351. Definitions.

24The following words and phrases when used in this subchapter
25shall have the meanings given to them in this section unless the
26context clearly indicates otherwise:

27"Administrator." The person responsible for the
28administration of a public or private school, intermediate unit
29or area vocational-technical school. The term includes an
30independent contractor.

1§ 6352. School employees.

2(a) Requirement.--

3(1) Except as provided in paragraph (2), a school
4employee who has reasonable cause to suspect, on the basis of
5professional or other training and experience, that a student
6coming before the school employee in the employee's
7professional or official capacity is a victim of serious
8bodily injury or sexual abuse or sexual exploitation by a
9school employee shall immediately contact the administrator.

10(2) If the school employee accused of seriously injuring
11or sexually abusing or exploiting a student is the
12administrator, the school employee who has reasonable cause
13to suspect, on the basis of professional or other training
14and experience, that a student coming before the school
15employee in the employee's professional or official capacity
16is a victim of serious bodily injury or sexual abuse or
17sexual exploitation shall immediately report to law
18enforcement officials and the district attorney under section
196353(a) (relating to administration). If an administrator is
20the school employee who suspects injury or abuse, the
21administrator shall make a report under section 6353(a).

22(3) The school employee may not reveal the existence or
23content of the report to any other person.

24(b) Immunity.--A school employee who refers a report under
25subsection (a) shall be immune from civil and criminal liability
26arising out of the report.

27(c) Criminal penalty.--

28(1) A school employee who willfully violates subsection
29(a) commits a summary offense.

30(2) A school employee who, after being sentenced under

1paragraph (1), violates subsection (a) commits a misdemeanor
2of the third degree.

3§ 6353. Administration.

4(a) Requirement.--An administrator and a school employee
5governed by section 6352(a)(2) (relating to school employees)
6shall report immediately to law enforcement officials and the
7appropriate district attorney any report of serious bodily
8injury or sexual abuse or sexual exploitation alleged to have
9been committed by a school employee against a student.

10(b) Report.--A report under subsection (a) shall include the
11following information:

12(1) Name, age, address and school of the student.

13(2) Name and address of the student's parent or
14guardian.

15(3) Name and address of the administrator.

16(4) Name, work and home address of the school employee.

17(5) Nature of the alleged offense.

18(6) Any specific comments or observations that are
19directly related to the alleged incident and the individuals
20involved.

21(c) Immunity.--An administrator who makes a report under
22subsection (a) shall be immune from civil or criminal liability
23arising out of the report.

24(d) Criminal penalty.--An administrator who willfully
25violates subsection (a) commits a misdemeanor of the third
26degree.

27§ 6353.1. Investigation.

28(a) General rule.--Upon receipt of a report under section
296353 (relating to administration), an investigation shall be
30conducted by law enforcement officials, in cooperation with the

1district attorney, and a determination made as to what criminal
2charges, if any, will be filed against the school employee.

3(b) Referral to county agency.--

4(1) If local law enforcement officials have reasonable
5cause to suspect on the basis of initial review that there is
6evidence of serious bodily injury, sexual abuse or sexual
7exploitation committed by a school employee against a
8student, local law enforcement officials shall notify the
9county agency in the county where the alleged abuse or injury
10occurred for the purpose of the agency conducting an
11investigation of the alleged abuse or injury.

12(2) To the fullest extent possible, law enforcement
13officials and the county agency shall coordinate their
14respective investigations. In respect to interviews with the
15student, law enforcement officials and the county agency
16shall conduct joint interviews. In respect to interviews with
17the school employee, law enforcement officials shall be given
18an opportunity to interview the school employee prior to the
19employee having any contact with the county agency.

20(3) The county agency and law enforcement officials have
21the authority to arrange for photographs, medical tests or X-
22rays of a student alleged to have been abused or injured by a
23school employee. The county agency and law enforcement
24officials shall coordinate their efforts in this regard and,
25to the fullest extent possible, avoid the duplication of any
26photographs, medical tests or X-rays.

27(4) Law enforcement officials and the county agency
28shall advise each other of the status and findings of their
29respective investigations on an ongoing basis.]

30Section 5. Sections 6353.2 and 6353.3 of Title 23, amended

1December 18, 2013 (P.L.1201, No.119), are repealed:

2[§ 6353.2. Responsibilities of county agency.

3(a) Information for the pending complaint file.--Immediately
4after receiving a report under section 6353.1 (relating to
5investigation), the county agency shall notify the department of
6the receipt of the report, which is to be filed in the pending
7complaint file as provided in section 6331(1) (relating to
8establishment of pending complaint file, Statewide central
9register and file of unfounded reports). The oral report shall
10include the following information:

11(1) The name and address of the student and the
12student's parent or guardian.

13(2) Where the suspected abuse or injury occurred.

14(3) The age and sex of the student.

15(4) The nature and extent of the suspected abuse or
16injury.

17(5) The name and home address of the school employee
18alleged to have committed the abuse or injury.

19(6) The relationship of the student to the school
20employee alleged to have committed the abuse or injury.

21(7) The source of the report to the county agency.

22(8) The actions taken by the county agency, law
23enforcement officials, parents, guardians, school officials
24or other persons, including the taking of photographs,
25medical tests and X-rays.

26(b) Investigation of reports.--Upon receipt of a report
27under section 6353.1, the county agency shall commence, within
28the time frames established in department regulations, an
29investigation of the nature, extent and cause of any alleged
30abuse or injury enumerated in the report. The county agency

1shall coordinate its investigation to the fullest extent
2possible with law enforcement officials as provided in section
36353.1(b).

4(c) Completion of investigation.--The investigation by the
5county agency to determine whether the report is an indicated
6report for school employee or an unfounded report shall be
7completed within 60 days.

8(d) Notice to subject of a report.--Prior to interviewing a
9subject of the report, the county agency shall orally notify the
10subject of the report of the existence of the report and the
11subject's rights under this chapter in regard to amendment or
12expungement. Within 72 hours following oral notification to the
13subject, the county agency shall give written notice to the
14subject. The notice may be reasonably delayed if notification is
15likely to threaten the safety of the student or the county
16agency worker, to cause the school employee to abscond or to
17significantly interfere with the conduct of a criminal
18investigation.

19(e) Reliance on factual investigation.--The county agency
20may rely on a factual investigation of substantially the same
21allegations by a law enforcement officials to support the
22agency's finding. This reliance shall not relieve the county
23agency of its responsibilities relating to the investigation of
24reports under this subchapter.

25(f) Notice to the department of the county agency's
26determination.--As soon as the county agency has completed its
27investigation, the county agency shall advise the department and
28law enforcement officials of its determination of the report as
29an indicated report for school employee or an unfounded report.
30Supplemental reports shall be made at regular intervals

1thereafter in a manner and form the department prescribes by
2regulation to the end that the department is kept fully informed
3and up-to-date concerning the status of the report.

4§ 6353.3. Information in Statewide central register.

5The Statewide central register established under section 6331
6(relating to establishment of pending complaint file, Statewide
7central register and file of unfounded reports) shall retain
8only the following information relating to reports of abuse or
9injury of a student by a school employee which have been
10determined to be a founded report for school employee or an
11indicated report for school employee:

12(1) The names, Social Security numbers, age and sex of
13the subjects of the report.

14(2) The home address of the subjects of the report.

15(3) The date and the nature and extent of the alleged
16abuse or injury.

17(4) The county and state where the abuse or injury
18occurred.

19(5) Factors contributing to the abuse or injury.

20(6) The source of the report.

21(7) Whether the report is a founded or indicated report.

22(8) Information obtained by the department in relation
23to the school employee's request to release, amend or expunge
24information retained by the department or the county agency.

25(9) The progress of any legal proceedings brought on the
26basis of the report.

27(10) Whether a criminal investigation has been
28undertaken and the result of the investigation and of any
29criminal prosecution.]

30Section 6. Section 6353.4 of Title 23 is repealed:

1[§ 6353.4. Other provisions.

2The following provisions shall apply to the release and
3retention of information by the department and the county agency
4concerning reports of abuse or injury committed by a school
5employee as provided by this subchapter:

6Section 6336(b) and (c) (relating to information in Statewide
7central register).

8Section 6337 (relating to disposition of unfounded reports).

9Section 6338(a) and (b) (relating to disposition of founded
10and indicated reports).

11Section 6339 (relating to confidentiality of reports).

12Section 6340 (relating to release of information in
13confidential reports).

14Section 6341(a) through (f) (relating to amendment or
15expunction of information).

16Section 6342 (relating to studies of data in records).]

17Section 7. Section 6365 of Title 23 is amended by adding a
18subsection to read:

19§ 6365. Services for prevention, investigation and treatment of
20child abuse.

21* * *

22(d.1) Release by county agency.--Prior to completing its
23child fatality or near fatality report, the investigating county
24agency may release the following information to the public
25concerning a child who died or nearly died as a result of
26suspected or substantiated child abuse:

27(1) The identity of the child<-, only in the case of a
28child's fatality.

29(2) If the child was in the custody of a public or
30private agency, the identity of the agency.

1(3) The identity of the public or private agency under
2contract with a county agency to provide services to the
3child and the child's family in the child's home prior to the
4child's death or near fatality.

5(4) A description of services provided under paragraph
6(3).

7* * *

8Section 4 8. This act shall take effect <-January 1, 2014 
<-9December 31, 2014.