1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," providing for duty to notify county.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. The act of March 10, 1949 (P.L.30, No.14), known
9as the Public School Code of 1949, is amended by adding a
10section to read:

11Section 223.1. Duty to Notify County.--(a) The school
12district in which the child resides shall notify the county
13whenever a child enrolls in a home school program or cyber
14charter school, is truant or fails to register for school upon
15attaining compulsory school age if:

16(1) A child or another child in the child's household has
17been the subject of a founded or indicated report or received
18general protective services within the last eighteen months.

1(2) The parent or other person the child resides with has
2been the subject of a report within the last eighteen months.

3(b) Upon receipt of the notice under subsection (a), the
4county agency shall promptly perform a safety and risk
5assessment. A subsequent safety and risk assessment shall be
6performed if the county agency has determined that a risk of
7abuse exists. If after a six-month safety and risk assessment it
8is determined that no risk of abuse exists, no further
9assessment may be made, except upon receipt of a report under 23
10Pa.C.S. Ch. 63 Subch. B (relating to provisions and
11responsibilities for reporting suspected child abuse).

12(c) As used in this section, the following words and phrases
13shall have the meanings given to them in this subsection unless
14the context clearly indicates otherwise:

15"County agency." The county children and youth social
16service agency established pursuant to section 405 of the act of
17June 24, 1937 (P.L.2017, No.396), known as the "County
18Institution District Law," or its successor, and supervised by
19the Department of Public Welfare under Article IX of the act of
20June 13, 1967 (P.L.31, No.21), known as the "Public Welfare
21Code."

22"Founded report." A child abuse report involving a
23perpetrator that is made under this section, if any of the
24following applies:

25(1) There has been a judicial adjudication based on a
26finding that a child who is a subject of the report has been
27abused and the adjudication involves the same factual
28circumstances involved in the allegation of child abuse. The
29judicial adjudication may include any of the following:

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

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

2(iii) A finding of dependency or delinquency under 42
3Pa.C.S. § 6341 (relating to adjudication).

4(2) There has been an acceptance into an accelerated
5rehabilitative disposition program and the reason for the
6acceptance involves the same factual circumstances involved in
7the allegation of child abuse.

8(3) There has been a consent decree entered in a juvenile
9proceeding under 42 Pa.C.S. Ch. 63 (relating to juvenile
10matters) and the decree involves the same factual circumstances
11involved in the allegation of child abuse.

12(4) A final protection from abuse order has been granted
13under 23 Pa.C.S. § 6108 (relating to relief), when the child who
14is a subject of the report is also one of the individuals
15protected under the protection from abuse order and:

16(i) only one individual is charged with the abuse in the
17protection from abuse action;

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

19(iii) the protection from abuse adjudication finds that the
20abuse occurred and prohibits further contact between the
21individual and the child.

22"General protective services." Those services and activities
23provided by each county agency for nonabuse cases requiring
24protective services, as defined by the Department of Public
25Welfare in regulations.

26"Indicated report." A child abuse report made pursuant to 23
27Pa.C.S. Ch. 63 (relating to child protective services) if an
28investigation by the county agency or the Department of Public
29Welfare determines that substantial evidence of the alleged
30abuse exists based on any of the following:

1(1) Available medical evidence.

2(2) The child protective service investigation.

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

4"Perpetrator." A person who has committed child abuse and is
5a parent of a child, a person responsible for the welfare of a
6child, an individual residing in the same home as a child or a
7paramour of a child's parent. The term includes only the 
8following:

9(1) A parent of the child.

10(2) A spouse or former spouse of a parent of the child.

11(3) A paramour or former paramour of the parent.

12(4) An individual who is 14 years of age or older and:

13(i) resides in the same household as the child;

14(ii) is present when and where the alleged child abuse
15occurred; or

16(iii) is related to the child within the fifth degree of
17consanguinity or affinity but does not reside in the same
18household as the child.

19(5) A person responsible for the child's welfare.

20"Person responsible for the child's welfare." A person who 
21provides permanent or temporary care, supervision, mental health 
22diagnosis or treatment, training or control of a child in lieu 
23of parental care, supervision and control. The term does not 
24include a person who is employed by or provides services or 
25programs in any public or private school, intermediate unit or 
26area vocational-technical school. The term includes an 
27individual who has direct or regular contact with a child 
28through any program, activity or service sponsored by a school, 
29for-profit organization or religious or other not-for-profit 
30organization, regardless of where the child abuse occurs.

1Section 2. This act shall take effect in 60 days.