Regular Session 2021-2022 House Bill 0764 P.N. 2646

SENATE AMENDED

PRIOR PRINTER'S NOS. 750, 1416, 1634

PRINTER'S NO. 2646

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

764

Session of

2021

INTRODUCED BY B. MILLER, GREINER, ZIMMERMAN, RYAN, GLEIM,

DRISCOLL, KEEFER, RADER, R. MACKENZIE, STURLA, D. WILLIAMS,

MENTZER, THOMAS, KAUFFMAN AND HOHENSTEIN, MARCH 3, 2021

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JANUARY 24, 2022

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, in child protective services, further

providing for employees having contact with children and

adoptive and foster parents.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 6344(b.1) and (m) of Title 23 of the

Pennsylvania Consolidated Statutes are amended and the section

is amended by adding a subsection to read:

SECTION 1. SECTION 6344(M) OF TITLE 23 OF THE PENNSYLVANIA

CONSOLIDATED STATUTES IS AMENDED TO READ:

§ 6344. Employees having contact with children; adoptive and

foster parents.

* * *

(b.1) Required documentation to be maintained and

produced.--The employer, administrator, supervisor or other

person responsible for employment decisions or acceptance of the

individual to serve in any capacity identified in subsection (a)

<--

(1), (2), (3), (4), (5)(i) or (6), (a.1) or (a.2) shall maintain

a copy of the required information and require the individual to

submit the required documents prior to employment or acceptance

to serve in any such capacity or as required in section 6344.4,

except as allowed under subsection [(m)] (m.1).

* * *

[(m) Provisional employees for limited periods.--Employers,

administrators, supervisors or other persons responsible for

employment decisions may not employ applicants on a provisional

basis, except that the department is authorized to grant a

waiver of this provision upon request from a child day-care

center, group day-care home or family child-care home. If a

child day-care center, group day-care home or family child-care

home is granted a waiver, an applicant may be employed on a

provisional basis for a single period not to exceed 45 days, if

all of the following conditions are met:

(1) The applicant has applied for the information

required under subsection (b) and the applicant provides a

copy of the appropriate completed request forms to the

employer, administrator, supervisor or other person

responsible for employment decisions.

(2) The employer, administrator, supervisor or other

person responsible for employment decisions has no knowledge

of information pertaining to the applicant which would

disqualify him from employment pursuant to subsection (c).

(3) The applicant swears or affirms in writing that he

is not disqualified from employment pursuant to subsection

to those crimes listed in subsection (c) under the laws or

former laws of the United States or one of its territories or

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possessions, another state, the District of Columbia, the

Commonwealth of Puerto Rico or a foreign nation, or under a

former law of this Commonwealth.

(3.1) A child day-care center, group day-care home or

family child-care home received the result of the report of

the criminal history record information under subsection (b)

(1) or (3).

(4) If the information obtained pursuant to subsection

(b) reveals that the applicant is disqualified from

employment pursuant to subsection (c), the applicant shall be

immediately dismissed by the employer, administrator,

supervisor or other person responsible for employment

decisions.

(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.]

(m.1) Conditions for provisional employees.--

(1) An employer, administrator, supervisor or other

person responsible for employment decisions may employ an

applicant on a provisional basis for a single period not to

exceed 45 days if the following conditions are met:

(i) The applicant has applied for the information

required under subsection (b) and provided a copy of the

appropriate completed request forms to the employer,

administrator, supervisor or other person responsible for

employment decisions.

(ii) The employer, administrator, supervisor or

other person responsible for employment decisions has no

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knowledge of information that would disqualify the

applicant from employment under subsection (c).

(iii) The applicant swears or affirms in writing

that the applicant is not disqualified from employment

under subsection (c) and has not been convicted of an

offense similar in nature to those crimes listed in

subsection (c) under the laws or former laws of this

Commonwealth or any other jurisdiction.

(iv) The employer, administrator, supervisor or

other person responsible for employment decisions has

received the result of the report of the criminal history

record information under subsection (b)(1) or (3).

(2) An employee hired on a provisional basis under this

subsection must work in the immediate vicinity of a permanent

employee and may not be alone with children.

( 3) If the information obtained in accordance with

subsection (b) reveals that the applicant is disqualified

from employment pursuant to subsection (c), the applicant

shall be dismissed immediately.

(4) This subsection does not apply to a child-care

institution within the meaning of 42 U.S.C. § 672 (relating

to foster care maintenance payments program) or facility that

serves children and is licensed by the Department of Human

Services, other than a child day-care center, group day-care

home or family child-care home.

(M) PROVISIONAL EMPLOYEES FOR LIMITED PERIODS.--THE

FOLLOWING SHALL APPLY TO PROVISIONAL EMPLOYEES:

(1) EMPLOYERS, ADMINISTRATORS, SUPERVISORS OR OTHER

PERSONS RESPONSIBLE FOR EMPLOYMENT DECISIONS, EXCEPT FOR A

CHILD-CARE INSTITUTION, A PROSPECTIVE ADOPTIVE PARENT OR A

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<--

PROSPECTIVE FOSTER PARENT MAY [NOT] EMPLOY [APPLICANTS] AN

APPLICANT ON A PROVISIONAL BASIS[, EXCEPT THAT THE DEPARTMENT

IS AUTHORIZED TO GRANT A WAIVER OF THIS PROVISION UPON

REQUEST FROM A CHILD DAY-CARE CENTER, GROUP DAY-CARE HOME OR

FAMILY CHILD-CARE HOME. IF A CHILD DAY-CARE CENTER, GROUP

DAY-CARE HOME OR FAMILY CHILD-CARE HOME IS GRANTED A WAIVER,

AN APPLICANT MAY BE EMPLOYED ON A PROVISIONAL BASIS] FOR A

SINGLE PERIOD NOT TO EXCEED 45 DAYS, IF ALL OF THE FOLLOWING

CONDITIONS ARE MET:

[(1)] (I) THE APPLICANT HAS APPLIED FOR THE

INFORMATION REQUIRED UNDER SUBSECTION (B) AND THE

APPLICANT PROVIDES A COPY OF THE APPROPRIATE COMPLETED

REQUEST FORMS TO THE EMPLOYER, ADMINISTRATOR, SUPERVISOR

OR OTHER PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS.

[(2)] (II) THE EMPLOYER, ADMINISTRATOR, SUPERVISOR

OR OTHER PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS HAS

NO KNOWLEDGE OF INFORMATION PERTAINING TO THE APPLICANT

WHICH WOULD DISQUALIFY HIM FROM EMPLOYMENT PURSUANT TO

SUBSECTION (C).

[(3)] (III) THE APPLICANT SWEARS OR AFFIRMS IN

WRITING THAT HE IS NOT DISQUALIFIED FROM EMPLOYMENT

PURSUANT TO SUBSECTION (C) OR HAS NOT BEEN 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.

[(3.1) A CHILD DAY-CARE CENTER, GROUP DAY-CARE HOME OR

FAMILY CHILD-CARE HOME RECEIVED THE RESULT OF THE REPORT OF

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THE CRIMINAL HISTORY RECORD INFORMATION UNDER SUBSECTION (B)

(1) OR (3).

(4)] (IV) IF THE INFORMATION OBTAINED PURSUANT TO

SUBSECTION (B) REVEALS THAT THE APPLICANT IS DISQUALIFIED

FROM EMPLOYMENT PURSUANT TO SUBSECTION (C), THE APPLICANT

SHALL BE IMMEDIATELY DISMISSED BY THE EMPLOYER,

ADMINISTRATOR, SUPERVISOR OR OTHER PERSON RESPONSIBLE FOR

EMPLOYMENT DECISIONS.

[(5)] (V) 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.

(VI) THE APPLICANT RECEIVED THE RESULTS OF THE

INFORMATION REQUIRED UNDER SUBSECTION (B)(2) AND EITHER

SUBSECTION (B)(1) OR (B)(3) AND SUBMITTED THE RESULTS TO

THE EMPLOYER, ADMINISTRATOR, SUPERVISOR OR OTHER PERSON

RESPONSIBLE FOR EMPLOYMENT DECISIONS.

(2) FOR THE PURPOSES OF THIS SUBSECTION, THE TERM

"CHILD-CARE INSTITUTION" SHALL MEAN A CHILD-CARE INSTITUTION

AS DEFINED IN 42 U.S.C. § 672(C)(2)(A) (RELATING TO FOSTER

CARE MAINTENANCE PAYMENTS PROGRAM) ON THE EFFECTIVE DATE OF

THIS PARAGRAPH.

* * *

Section 2. This act shall take effect immediately.

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