PRIOR PRINTER'S NO. 2139
PRINTER'S NO. 2185
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1633
Session of
2019
INTRODUCED BY BOBACK, JUNE 14, 2019
AS REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 18, 2019
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in child protective services, further
providing for employees having contact with children;
adoptive and foster parents and for volunteers having contact
with children.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6344(a)(1), (4) and (5)(i) and (8)
introductory paragraph, (a.2) subsection heading and (2), (a.3)
subsection heading, (b)(1), (2) and (3), (c)(1) (C) SUBSECTION
HEADING, (1) and (2), (d.3)(1) introductory paragraph and (m)
introductory paragraph AND (5) of Title 23 of the Pennsylvania
Consolidated Statutes are amended and subsections (b) and (m)
are amended by adding paragraphs to read:
§ 6344. Employees having contact with children; adoptive and
foster parents.
(a) Applicability.--Beginning December 31, 2014, this
section applies to the following individuals:
(1) An employee of child-care services. This paragraph
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includes administrative and other support personnel,
regardless of whether the administrative or other support
personnel have direct contact with children.
* * *
(4) A self-employed provider of child-care services [in
a family child-care home].
(5) (i) Except as provided under subparagraph (ii), an
individual 14 years of age or older who is applying for
or holding a paid position as an employee with a program,
activity or service[, as a person responsible for the
child's welfare or having direct contact with children].
* * *
(8) An individual 18 years of age or older who resides
for at least 30 days in a calendar year in the following
homes which are subject to supervision or licensure by the
department under Articles IX and X of the act of June 13,
1967 (P.L.31, No.21), known as the [Public Welfare Code]
Human Services Code:
* * *
(a.2) Minors employed through program, activity or
service.--An individual between 14 and 17 years of age who
applies for or holds a paid position as an employee who is a
person responsible for the child's welfare or a person with
direct contact with children through a program, activity or
service prior to the commencement of employment or under section
6344.4 (relating to recertification) shall be required to submit
only the information under subsection (b)(1) and (2) to an
employer, administrator, supervisor or other person responsible
for employment decisions, if the following apply:
* * *
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(2) The individual and the individual's parent or legal
guardian swear or affirm in writing that the individual is
not disqualified from service under subsection (c) or has not
been adjudicated delinquent or convicted of an offense
similar in nature to those crimes listed in subsection (c)
under the laws or former laws of the United States or one of
its territories or possessions, another state, the District
of Columbia, the Commonwealth of Puerto Rico or a foreign
nation, or under a former law of this Commonwealth.
(a.3) Exchange visitor employed through program, activity or
service.--* * *
(b) Information to be submitted.--An individual identified
in subsection (a)(7) or (8) at the time the individual meets the
description set forth in subsection (a)(7) or (8) and an
individual identified in subsection (a)(1), (2), (3), (4), (5)
(i) or (6), (a.1) or (a.2) prior to the commencement of
employment or service or in accordance with section 6344.4 shall
be required to submit the following information to an employer,
administrator, supervisor or other person responsible for
employment decisions [or involved in the selection of
volunteers]:
(1) [Pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal
history record information), a] A report of criminal history
record information from the Pennsylvania State Police [or a
statement from the Pennsylvania State Police that the State
Police central repository contains no such information
relating to that person.] and from each state in which the
individual resided within the previous five-year period. The
criminal history record information shall be limited to that
which is disseminated pursuant to 18 Pa.C.S. § 9121(b)(2)
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(relating to general regulations).
(2) A certification from the department as to whether
the applicant is named in the Statewide database or its
equivalent in each state in which the individual resided
within the previous five-year period as the alleged
perpetrator in a pending child abuse investigation or as the
perpetrator of a founded report or an indicated report.
(3) A report of Federal criminal history record
information. The applicant shall submit a full set of
fingerprints to the Pennsylvania State Police for the purpose
of a record check, and the Pennsylvania State Police or its
authorized agent shall submit the fingerprints to the Federal
Bureau of Investigation for the purpose of verifying the
identity of the applicant and obtaining a current record of
any criminal arrests and convictions.
(4) Notification from the department stating whether the
individual appears on the Statewide registry of sexual
offenders established in 42 Pa.C.S. § 9799.16(a) (relating to
registry), the sex offender registry or repository each state
where the individual resided during the preceding five years,
and the National Sex Offender Registry established under the
Adam Walsh Child Protection and Safety Act of 2006 (Public
Law 109-248, 120 Stat. 587).
* * *
(c) Grounds for denying employment or participation [in
program, activity or service].--
(1) In no case shall an employer, administrator,
supervisor or other person responsible for employment
decisions hire or approve an applicant where the department
has verified that the applicant is named in the Statewide
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database as the perpetrator of a founded report committed
within the five-year period immediately preceding
verification pursuant to this section.
(2) In no case shall an employer, administrator,
supervisor or other person responsible for employment
decisions hire or approve an applicant [if the applicant's
criminal history record information indicates the applicant
has been convicted of one or more of the following offenses
under Title 18 (relating to crimes and offenses) or an
equivalent crime under Federal law or the law of another
state] who:
(i) Has been convicted of one or more of the following
offenses under Title 18 (relating to crimes and offenses):
Chapter 25 (relating to criminal homicide).
Section 2702 (relating to aggravated assault).
Section 2709.1 (relating to stalking).
A felony offense under section 2718 (relating to
strangulation).
Section 2901 (relating to kidnapping).
Section 2902 (relating to unlawful restraint).
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
Section 3123 (relating to involuntary deviate sexual
intercourse).
Section 3124.1 (relating to sexual assault).
Section 3125 (relating to aggravated indecent assault).
Section 3126 (relating to indecent assault).
Section 3127 (relating to indecent exposure).
A felony offense under section 3301 (relating to arson
and related offenses).
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Section 4302 (relating to incest).
Section 4303 (relating to concealing death of child).
Section 4304 (relating to endangering welfare of
children).
Section 4305 (relating to dealing in infant children).
A felony offense under section 5902(b) (relating to
prostitution and related offenses).
Section 5903(c) or (d) (relating to obscene and other
sexual materials and performances).
Section 6301 (relating to corruption of minors).
Section 6312 (relating to sexual abuse of children).
The attempt, solicitation or conspiracy to commit any of the
offenses set forth in this [paragraph.
(3) In no case shall an employer, administrator,
supervisor or other person responsible for employment
decisions hire or approve an applicant if the applicant's
criminal history record information indicates the applicant
has been convicted of a felony offense under the act of April
14, 1972 (P.L.233, No.64), known as The Controlled Substance,
Drug, Device and Cosmetic Act, committed within the five-year
period immediately preceding verification under this
section.] subparagraph.
(ii) Has been convicted of an offense equivalent to
an offense listed under subparagraph (i) under Federal
law or the law of another state.
(iii) Has been convicted of a felony offense under
the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act,
committed within the five-year period immediately
preceding verification under this section.
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(iv) Has been convicted of an offense under 18
U.S.C. § 2261 (relating to interstate domestic violence)
or 18 U.S.C. § 2262 (relating to interstate violation of
protection order).
(v) Is registered, or is required to be registered,
on the National Crime Information Center National Sex
Offender Registry or on a state's sex offender registry.
(vi) Appears on a Statewide database or its
equivalent as a perpetrator of child abuse.
* * *
(d.3) Family living homes, community homes for individuals
with an intellectual disability and host homes.--
(1) The following shall apply to an individual over 18
years of age residing in a family living home, a community
home for individuals with an intellectual disability or a
host home for children, which are subject to supervision or
licensure by the department under Articles IX and X of the
[Public Welfare Code] Human Services Code:
* * *
(m) Provisional employees for limited periods.--
Notwithstanding subsection (b), employers, administrators,
supervisors or other persons responsible for employment
decisions may employ applicants for employment with a child day-
care center, group day-care home or family child-care home on a
provisional basis upon approval by the department for a single
period not to exceed [90] 45 days, if all of the following
conditions are met:
* * *
(3.1) The employer, administrator, supervisor or other
person responsible for employment decisions has received the
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result of the report of the criminal history record
information under subsection (b)(1) or (3).
* * *
Section 2. Section 6344.2(a) of Title 23, amended June 28,
2018 (P.L.375, No.54), is amended to read:
§ 6344.2. Volunteers having contact with children.
(a) Applicability.--This section applies to an adult
applying for or holding an unpaid position as a volunteer with a
child-care service, a school or a program, activity or service,
as a person responsible for the child's welfare or having direct
volunteer contact with children or who will not be under the
supervision of a paid employee and an individual identified
under section 6344(a)(5)(ii) (relating to employees having
contact with children; adoptive and foster parents).
* * *
(5) THE EMPLOYER, ADMINISTRATOR, SUPERVISOR OR OTHER
PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS REQUIRES THAT THE
APPLICANT NOT BE PERMITTED TO WORK ALONE WITH CHILDREN AND
[THAT THE APPLICANT WORK IN THE IMMEDIATE VICINITY OF A
PERMANENT EMPLOYEE.] MUST BE SUPERVISED AT ALL TIMES BY AN
INDIVIDUAL WHO RECEIVED A QUALIFYING RESULT IN A BACKGROUND
CHECK DESCRIBED IN SUBSECTION (B) WITHIN THE PAST FIVE YEARS.
Section 3 2. This act shall take effect as follows:
(1) This section shall take effect immediately.
(2) The amendment of 23 Pa.C.S. § 6344(m) shall take
effect December 31, 2019.
(3) The remainder of this act shall take effect
September 30, 2019.
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