1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child protective services, further
3providing for services for prevention, investigation and
4treatment of child abuse and for investigation of reports.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Sections <-6365(a), (b) 6365(b) and (c) and 6368 of
8Title 23 of the Pennsylvania Consolidated Statutes are amended
9to read:

10§ 6365. Services for prevention, investigation and treatment of
11child abuse.

<-12(a) Instruction and education.--Each county agency shall
13make available, among its services for the prevention and
14treatment of child abuse by a perpetrator, instruction and
15education for parenthood and parenting skills, protective and
16preventive social counseling, outreach and counseling services
17to prevent newborn abandonment, emergency caretaker services,
18emergency shelter care, emergency medical services and the
19establishment of self-help groups organized for the prevention

1and treatment of child abuse, part-day services, out-of-home
2placement services, therapeutic activities for child and family
3directed at alleviating conditions that present a risk to the
4safety and well-being of a child and any other services required
5by department regulations. <-* * *

6(b) Multidisciplinary review team.--The county agency shall
7make available among its services a multidisciplinary review
8team for the prevention, investigation and treatment of child
9abuse and shall convene the multidisciplinary review team at any
10time, but not less than annually:

11(1) To review substantiated cases of child abuse,
12including responses by the county agency and other agencies
13providing services to the child.

14(2) Where appropriate to assist in the development of a
15family service plan for the child.

16(c) [Investigative] Multidisciplinary investigative team.--A 
17multidisciplinary investigative team shall be used to coordinate 
18child-abuse investigations between county agencies and law 
19enforcement. The county agency and the district attorney shall
20develop a protocol for the convening of multidisciplinary
21investigative teams for any case of child abuse <-by a perpetrator
22involving crimes against children which are set forth in section
236340(a)(9) and (10) (relating to release of information in
24confidential reports). The county <-agency multidisciplinary 
25investigative team protocol shall include standards and
26procedures to be used in receiving and referring reports and
27coordinating investigations of reported cases of child abuse and
28a system for sharing the information obtained as a result of any
29interview. The protocol shall include any other standards and
30procedures to avoid duplication of fact-finding efforts and

1interviews to minimize the trauma to the child. The district
2attorney shall convene [an] the multidisciplinary investigative
3team in accordance with the protocol. The multidisciplinary
4investigative team shall consist of those individuals and
5agencies responsible for investigating the abuse or for
6providing services to the child and shall at a minimum include a
7health care provider, county caseworker and law enforcement
8official.

9* * *

10§ 6368. Investigation of reports.

11[(a) General rule.--Upon receipt of each report of suspected 
12child abuse, the county agency shall immediately commence an 
13appropriate investigation and see the child immediately if 
14emergency protective custody is required or has been or shall be 
15taken or if it cannot be determined from the report whether 
16emergency protective custody is needed. Otherwise, the county 
17agency shall commence an appropriate investigation and see the 
18child within 24 hours of receipt of the report. The 
19investigation shall include a determination of the risk of harm 
20to the child or children if they continue to remain in the 
21existing home environment, as well as a determination of the 
22nature, extent and cause of any condition enumerated in the 
23report, any action necessary to provide for the safety of the 
24child or children and the taking of photographic identification 
25of the child or children to be maintained with the file. During 
26the investigation, the county agency shall provide or arrange 
27for services necessary to protect the child while the agency is 
28making a determination pursuant to this section. If the 
29investigation indicates serious physical injury, a medical 
30examination shall be performed on the subject child by a
 

1certified medical practitioner. Where there is reasonable cause 
2to suspect there is a history of prior or current abuse, the 
3medical practitioner has the authority to arrange for further 
4medical tests or the county agency has the authority to request 
5further medical tests. The investigation shall include 
6communication with the department's service under section 6332 
7(relating to establishment of Statewide toll-free telephone 
8number). Prior to interviewing a subject of the report, the 
9county agency shall orally notify the subject who is about to be 
10interviewed of the existence of the report, the subject's rights 
11under 42 Pa.C.S. §§ 6337 (relating to right to counsel) and 6338 
12(relating to other basic rights) and the subject's rights 
13pursuant to this chapter in regard to amendment or expungement. 
14Within 72 hours following oral notification to the subject, the 
15county agency shall give written notice to the subject. The 
16notice may be reasonably delayed if notification is likely to 
17threaten the safety of the victim, a nonperpetrator subject or 
18the investigating county agency worker, to cause the perpetrator 
19to abscond or to significantly interfere with the conduct of a 
20criminal investigation. However, the written notice must be 
21provided to all subjects prior to the county agency's reaching a 
22finding on the validity of the report.

23(a.1) Investigation of report concerning child-care service
24personnel.--Upon notification that an investigation involves
25suspected child abuse perpetrated by child-care service
26personnel, including a child-care service employee, service
27provider or administrator, the respective child-care service
28must immediately implement a plan of supervision or alternative
29arrangement subject to the county agency's approval for the
30individual under investigation to ensure the safety of the child

1and other children who are in the care of the child-care
2service. Such plan of supervision or alternative arrangement
3shall be kept on file with the county agency until such time
4that the investigation is completed.

5(b) Conditions outside home environment.--The investigation
6shall determine whether the child is being harmed by factors
7beyond the control of the parent or other person responsible for
8the welfare of the child, and, if so determined, the county
9agency shall promptly take all available steps to remedy and
10correct these conditions, including, but not limited to, the
11coordination of social services for the child and the family, or
12referral of the family to appropriate agencies for the provision
13of services.

14(c) Completion of investigations.--The investigation by the 
15county agency to determine whether the report is "founded," 
16"indicated" or "unfounded" and whether to accept the family for 
17service shall be completed within 60 days in all cases. If, due 
18to the particular circumstances of the case, the county agency 
19cannot complete the investigation within 30 days, the particular 
20reasons for the delay shall be described in the child protective 
21service record and available to the department for purposes of 
22determining whether the county agency has strictly followed the 
23provisions of this chapter and whether the county agency is 
24subject to action as authorized by section 6343 (relating to 
25investigating performance of county agency). Where a petition 
26has been filed under 42 Pa.C.S. Ch. 63 (relating to juvenile 
27matters) alleging that the child is a dependent child, the 
28county agency shall make all reasonable efforts to complete the 
29investigation to enable the hearing on the petition to be held 
30as required by 42 Pa.C.S. § 6335 (relating to release or holding
 

1of hearing).

2(d) Referral for investigation.--If the complaint of
3suspected abuse is determined to be one which cannot be
4investigated under this chapter because the person accused of
5the abuse is not a perpetrator within the meaning of section
66303 (relating to definitions) but does suggest the need for
7investigation, the county agency shall immediately transmit the
8information to the appropriate authorities, including the
9district attorney, the district attorney's designee or other law
10enforcement official, in accordance with the county protocols
11for investigative teams required by section 6365(c) (relating to
12services for prevention, investigation and treatment of child
13abuse).]

14(a) Response to direct reports.--Upon receipt of a report of
15suspected child abuse by a perpetrator from an individual, the
16county agency shall ensure the safety of the child and
17immediately contact the department in accordance with the
18provisions of section 6323 (relating to disposition of initial
19reports).

20(b) Response to reports referred to county agency by
21department.--Upon receipt of a report of suspected child abuse
22from the department, the county agency shall immediately
23commence an investigation and see the child within the following
24time frames:

25(1) Immediately, if:

26(i) emergency protective custody is required, has
27been or will be taken; or

28(ii) it cannot be determined from the report whether
29emergency protective custody is needed.

30(2) Within 24 hours of receipt of the report in all

1other cases.

2(c) Investigation.--An investigation under this section
3shall include the following:

4(1) A determination of the safety of, or risk of harm
5to, the child or any other child if each child continues to
6remain in the existing home environment.

7(2) A determination of the nature, extent and cause of
8any condition listed in the report.

9(3) Any action necessary to provide for the safety of
10the child or any other child in the child's household.

11(4) The taking of photographic identification of the
12child or any other child in the child's household, which
13shall be maintained in the case file.

14(5) Communication with the department's service under
15section <-6322 (relating to access to reports) 6332 (relating
16to establishment of Statewide toll-free telephone number).

17(d) Investigative actions.--During the investigation, all of
18the following shall apply:

19(1) The county agency shall provide or arrange for
20services necessary to protect the child while the agency is
21making a determination under this section.

22(2) The county agency may require that a medical
23examination by a certified medical practitioner be performed
24on the child or any other child in the child's household when
25deemed necessary because of information discovered during the
26course of the investigation.

27(3) Where there is reasonable cause to suspect that
28there is a history of prior or current abuse or neglect,
29further medical tests may be arranged by the certified
30medical practitioner or requested by the county agency.

1(e) Investigation concerning <-child-care personnel a school
2or child-care service employee.--

3(1) Upon notification that an investigation involves
4suspected child abuse by <-child-care service personnel,
5including a child-care service employee, service provider or
6administrator, the <-a school or child-care service employee,
7including, but not limited to, a service provider,
8independent contractor or administrator, the school or child-
9care service shall immediately implement a plan of
10supervision or alternative arrangement for the individual
11under investigation to ensure the safety of the child and
12other children who are in the care of the <-school or child-
13care service.

14(2) The plan of supervision or alternative arrangement
15shall be approved by the county agency and kept on file with
16the agency until the investigation is completed.

17(f) Referral for investigation.--If the complaint of
18suspected abuse is determined to be one that cannot be
19investigated under this chapter because the person accused of
20the abuse is not a perpetrator within the meaning of section
216303 (relating to definitions), but does suggest the need for
22investigation, the county agency shall immediately transmit the
23information to the appropriate law enforcement officials in
24accordance with the county protocols for multidisciplinary
25investigative teams required under section 6365(c) (relating to
26services for prevention, investigation and treatment of child
27abuse).

28(g) Need for social services.--If the investigation
29determines that the child is being harmed by factors beyond the
30control of the parent or other person responsible for the

1child's welfare, the county agency shall promptly take all steps
2available to remedy and correct these conditions, including the
3coordination of social services for the child and the family or
4referral of the family to appropriate agencies for the provision
5of services.

6(h) Notice of investigation.--

7(1) Prior to interviewing a subject of a report, the
8county agency shall orally notify the subject who is about to
9be interviewed of the following information:

10(i) The existence of the report.

11(ii) The subject's rights under 42 Pa.C.S. §§ 6337
12(relating to right to counsel) and 6338 (relating to
13other basic rights).

14(iii) The subject's rights pursuant to this chapter
15in regard to amendment or expungement.

16(2) Written notice shall be given to the subject within
1772 hours following oral notification, unless delayed as
18provided in subsection (i).

19(i) Delay of notification.--The notice under subsection <-(h)
<-20(h)(2) may be reasonably delayed, subject to the following:

21(1) If the notification is likely to:

22(i) threaten the safety of a victim, a subject of
23the report who is not a perpetrator or the investigating
24county agency worker;

25(ii) cause the perpetrator to abscond; or

26(iii) significantly interfere with the conduct of a
27criminal investigation.

28(2) The written notice shall be provided to all subjects
29of the report prior to the county agency reaching a finding
30on the validity of the report.

1(j) Completion of investigation.--Investigations shall be
2completed in accordance with the following:

3(1) Investigations to determine whether to accept the
4family for service and whether a report is founded, indicated
5or unfounded shall be completed within 60 days in all cases.

6(2) If, due to the particular circumstances of the case,
7the county agency cannot complete the investigation within 30
8days, the particular reasons for the delay shall be described
9in the child protective service record and made available to
10the department for purposes of determining whether either of
11the following occurred:

12(i) The county agency strictly followed the
13provisions of this chapter.

14(ii) The county agency is subject to action as
15authorized under section 6343 (relating to investigating
16performance of county agency).

17(3) Where a petition has been filed under 42 Pa.C.S. Ch.
1863 (relating to juvenile matters) alleging that a child is a
19dependent child, the county agency shall make all reasonable
20efforts to complete the investigation to enable the hearing
21on the petition to be held as required by 42 Pa.C.S. § 6335
22(relating to release or holding of hearing).

23Section 2. This act shall take effect <-January 1, 2014 in 90 
24days.