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SENATE AMENDED
A02930
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1276
Session of
2015
INTRODUCED BY WATSON, MOUL, HARHART, PICKETT, PETRI, BAKER,
BISHOP, R. BROWN, BROWNLEE, CAUSER, DEAN, DiGIROLAMO, FARRY,
FEE, GIBBONS, GODSHALL, A. HARRIS, PHILLIPS-HILL, IRVIN,
JAMES, KAUFFMAN, M. K. KELLER, KILLION, LONGIETTI, MALONEY,
MILLARD, MURT, O'NEILL, QUINN, ROZZI, SAYLOR, STAATS, TOPPER,
TRUITT, ROSS, COHEN, CONKLIN, GABLER, RADER, KORTZ, BRIGGS,
SCHLOSSBERG, GILLEN, JOZWIAK, BARBIN AND DAVIS, JUNE 2, 2015
SENATOR BROWNE, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, JUNE 28, 2015
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in child protective services, further
providing for definitions, for persons required to report
suspected child abuse, for access to information in Statewide
database, for release of information in confidential reports,
for employees having contact with children and adoptive and
foster parents, for information relating to certified or
registered day-care home residents, for volunteers having
contact with children, for continued employment or
participation in program, activity or service, for
certification compliance, for education and training and for
mandatory reporting of children under one year of age.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "child-care services,"
"independent contractor," "perpetrator," "person responsible for
the child's welfare," "program, activity or service," "school"
and "school employee" in section 6303(a) of Title 23 of the
Pennsylvania Consolidated Statutes, amended October 22, 2014
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(P.L.2529, No.153), are amended and the section is amended by
adding definitions to read:
§ 6303. Definitions.
(a) General rule.--The following words and phrases when used
in this chapter shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
* * *
"ADULT FAMILY MEMBER." A PERSON 18 YEARS OF AGE OR OLDER WHO
HAS THE RESPONSIBILITY TO PROVIDE CARE OR SERVICES TO AN
INDIVIDUAL WITH AN INTELLECTUAL DISABILITY OR CHRONIC
PSYCHIATRIC DISABILITY.
* * *
"Child-care services." Includes any of the following:
(1) Child day-care centers.
(2) Group day-care homes.
(3) Family [day-care] child-care homes.
(4) Foster homes.
(5) Adoptive parents.
(6) Boarding homes for children.
(7) Juvenile detention center services or programs for
delinquent or dependent children.
(8) Mental health services for children.
(9) Services for children with intellectual
disabilities.
(10) Early intervention services for children.
(11) Drug and alcohol services for children.
(12) Day-care services or programs that are offered by a
school.
(13) Other child-care services that are provided by or
subject to approval, licensure, registration or certification
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by the department or a county social services agency or that
are provided pursuant to a contract with the department or a
county social services agency.
The term does not apply to services provided by administrative
or other support personnel unless the administrative or other
support personnel has direct contact with children.
* * *
"DIRECT VOLUNTEER CONTACT." THE CARE, SUPERVISION, GUIDANCE
OR CONTROL OF CHILDREN AND ROUTINE INTERACTION WITH CHILDREN.
* * *
"EDUCATION ENTERPRISE." AN EDUCATIONAL ACTIVITY IN THIS
COMMONWEALTH:
(1) FOR WHICH COLLEGE CREDITS OR CONTINUING EDUCATION
UNITS ARE AWARDED, CONTINUING PROFESSIONAL EDUCATION IS
OFFERED OR TUITION OR FEES ARE CHARGED OR COLLECTED; AND
(2) THAT IS SPONSORED BY A CORPORATION, ENTITY OR
INSTITUTION THAT IS INCORPORATED OR AUTHORIZED BY OTHER MEANS
IN A STATE OTHER THAN THIS COMMONWEALTH AND IS APPROVED AND
AUTHORIZED TO OPERATE IN THIS COMMONWEALTH UNDER 15 PA.C.S.
PT. II SUBPT. B (RELATING TO BUSINESS CORPORATIONS) OR C
(RELATING TO NONPROFIT CORPORATIONS) AND 24 PA.C.S. CH. 65
(RELATING TO PRIVATE COLLEGES, UNIVERSITIES AND SEMINARIES).
* * *
"FAMILY CHILD-CARE HOME." A RESIDENCE WHERE CHILD DAY CARE
IS PROVIDED AT ANY TIME TO NO LESS THAN FOUR CHILDREN AND NO
MORE THAN SIX CHILDREN WHO ARE NOT RELATIVES OF THE CAREGIVER.
* * *
"IMMEDIATE VICINITY." AN AREA IN WHICH AN INDIVIDUAL IS
PHYSICALLY PRESENT WITH A CHILD AND CAN SEE, HEAR, DIRECT AND
ASSESS THE ACTIVITIES OF THE CHILD.
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"Independent contractor." An individual who provides a
program, activity or service to an agency, institution,
organization or other entity, including a school or regularly
established religious organization, that is responsible for the
care, supervision, guidance or control of children. The term
does not [include an individual who has no] apply to
administrative or other support personnel unless the
administrative or other support personnel has direct contact
with children.
* * *
"Institution of higher education." Any of the following:
(1) A community college which is an institution now or
hereafter created pursuant to Article XIX-A of the act of
March 10, 1949 (P.L.30, No.14), known as the Public School
Code of 1949, or the act of August 24, 1963 (P.L.1132,
No.484), known as the Community College Act of 1963.
(2) An independent institution of higher education which
is an institution of higher education , operated not for
profit, located in and incorporated or chartered by the
Commonwealth, entitled to confer degrees as set forth in 24
Pa.C.S. § 6505 (relating to power to confer degrees) and
entitled to apply to itself the designation "college" or
"COLLEGE," "university" OR "SEMINARY" as provided for by
standards and qualifications prescribed by the State Board of
Education under 24 Pa.C.S. Ch. 65 (relating to private
colleges, universities and seminaries) .
(3) A State-owned university INSTITUTION .
(4) A State-related university INSTITUTION .
(5) AN EDUCATION ENTERPRISE.
* * *
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"MATRICULATED STUDENT." A STUDENT WHO IS ENROLLED IN AN
INSTITUTION OF HIGHER EDUCATION AND PURSUING A PROGRAM OF STUDY
THAT RESULTS IN A POSTSECONDARY CREDENTIAL, SUCH AS A
CERTIFICATE, DIPLOMA OR DEGREE.
* * *
"Perpetrator." A person who has committed child abuse as
defined in this section. The following shall apply:
(1) The term includes only the following:
(i) A parent of the child.
(ii) A spouse or former spouse of the child's
parent.
(iii) A paramour or former paramour of the child's
parent.
(iv) A person 14 years of age or older and
responsible for the child's welfare or having direct
contact with children AS AN EMPLOYEE OF CHILD-CARE
SERVICES, A SCHOOL OR through a program, activity or
service.
(v) An individual 14 years of age or older who
resides in the same home as the child.
(vi) An individual 18 years of age or older who does
not reside in the same home as the child but is related
within the third degree of consanguinity or affinity by
birth or adoption to the child.
(2) Only the following may be considered a perpetrator
for failing to act, as provided in this section:
(i) A parent of the child.
(ii) A spouse or former spouse of the child's
parent.
(iii) A paramour or former paramour of the child's
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parent.
(iv) A person 18 years of age or older and
responsible for the child's welfare.
(v) A person 18 years of age or older who resides in
the same home as the child.
* * *
"Person responsible for the child's welfare." A person who
provides permanent or temporary care, supervision, mental health
diagnosis or treatment, training or control of a child in lieu
of parental care, supervision and control. [The term includes
any such person who has direct or regular contact with a child
through any program, activity or service sponsored by a school,
for-profit organization or religious or other not-for-profit
organization.]
* * *
"Program, activity or service." [A public or private
educational, athletic or other pursuit in which children
participate. The term includes, but is not limited to, the
following:] Any of the following in which children participate
and which is sponsored by a school or a public or private
organization:
(1) A youth camp or program.
(2) A recreational camp or program.
(3) A sports or athletic program.
(4) [An] A community or social outreach program.
(5) An enrichment or educational program.
(6) A troop, club or similar organization.
* * *
"Routine interaction." Regular and repeated contact that is
integral to a person's employment or volunteer responsibilities.
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* * *
"School." A facility providing elementary, secondary or
postsecondary educational services. The term includes the
following:
(1) Any school of a school district.
(2) An area vocational-technical school.
(3) A joint school.
(4) An intermediate unit.
(5) A charter school or regional charter school.
(6) A cyber charter school.
(7) A private school licensed under the act of January
28, 1988 (P.L.24, No.11), known as the Private Academic
Schools Act.
(8) A private school accredited by an accrediting
association approved by the State Board of Education.
(9) A nonpublic school.
(10) [A community college which is an institution now or
hereafter created pursuant to Article XIX-A of the act of
March 10, 1949 (P.L.30, No.14), known as the Public School
Code of 1949, or the act of August 24, 1963 (P.L.1132,
No.484), known as the Community College Act of 1963.
(11) An independent institution of higher education
which is an institution of higher education which is operated
not for profit, located in and incorporated or chartered by
the Commonwealth, entitled to confer degrees as set forth in
24 Pa.C.S. § 6505 (relating to power to confer degrees) and
entitled to apply to itself the designation "college" or
"university" as provided for by standards and qualifications
prescribed by the State Board of Education pursuant to 24
Pa.C.S. Ch. 65 (relating to private colleges, universities
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and seminaries).
(12) A State-owned university.
(13) A State-related university.] An institution of
higher education.
(14) A private school licensed under the act of December
15, 1986 (P.L.1585, No.174), known as the Private Licensed
Schools Act.
(15) The Hiram G. Andrews Center.
(16) A private residential rehabilitative institution as
defined in section 914.1-A(c) of the Public School Code of
1949.
"School employee." An individual who is employed by a school
or who provides a program, activity or service sponsored by a
school. The term [excludes an individual who has no] does not
apply to administrative or other support personnel unless the
administrative or other support personnel has direct contact
with children.
* * *
Section 2. Section 6311(a)(7) and (12) of Title 23 are
amended and the subsection is amended by adding a paragraph to
read:
§ 6311. Persons required to report suspected child abuse.
(a) Mandated reporters.--The following adults shall make a
report of suspected child abuse, subject to subsection (b), if
the person has reasonable cause to suspect that a child is a
victim of child abuse:
* * *
(7) An individual paid or unpaid, who, on the basis of
the individual's role as an integral part of a regularly
scheduled program, activity or service, [accepts
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responsibility for a child] is a person responsible for the
child's welfare or has direct contact with children .
* * *
(12) An individual supervised or managed by a person
listed under paragraphs (1), (2), (3), (4), (5), (6), (7),
(8), (9), (10) [and], (11) and (13), who has direct contact
with children in the course of employment.
* * *
(16) An adult household FAMILY member who is a person
responsible for the child's welfare and provides services to
a child in a family living home, community home for
individuals with an intellectual disability or host home for
children 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.
Section 3. Section 6335(e) of Title 23, amended October 22,
2014 (P.L.2529, No.153), is amended to read:
§ 6335. Access to information in Statewide database.
* * *
(e) [Clearances] Certifications.--Information provided in
response to inquiries under section 6344 (relating to employees
having contact with children; adoptive and foster parents),
6344.1 (relating to information relating to certified or
[registered day-care] licensed child-care home residents) or
6344.2 (relating to volunteers having contact with children)
shall not include unfounded reports of child abuse or reports
related to general protective services and shall be limited to
the following:
(1) Whether the person was named as a perpetrator of
child abuse in a founded or indicated report.
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(2) Whether there is an investigation pending in which
the individual is an alleged perpetrator.
(3) The number, date of the incidents upon which the
report is based and the type of abuse or neglect involved in
any reports identified under paragraph (1).
* * *
Section 4. Section 6340(a) of Title 23 is amended by adding
a paragraph to read:
§ 6340. Release of information in confidential reports.
(a) General rule.--Reports specified in section 6339
(relating to confidentiality of reports) shall only be made
available to:
* * *
(18) The Department of the Auditor General in
conjunction with the performances of the duties designated to
the Office of Auditor General, except that the Auditor
General may have access to only the reports in the possession
of the entity being audited and may not remove identifiable
reports or copies thereof from the department or county
agency.
* * *
Section 5. Section 6344(a), (a.1), (b), (b.1), (b.2), (d)
(4.1), (5), (6) and (8) and (e) of Title 23, amended October 22,
2014 (P.L.2529, No.153), are amended and the section is amended
by adding subsections 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.
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(2) A foster parent.
(3) A prospective adoptive parent.
(4) A self-employed family [day-care] CHILD-CARE
provider PROVIDER OF CHILD-CARE SERVICES IN A FAMILY [DAY-
CARE PROVIDER] CHILD-CARE HOME.
(5) [An] (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 AND IS
WITH A PROGRAM, ACTIVITY OR SERVICE, AS A PERSON
responsible for the [welfare of a child] child's welfare
or having direct contact with children THROUGH A PROGRAM,
ACTIVITY OR SERVICE.
(ii) An IF THE PROGRAM, ACTIVITY OR SERVICE IS AN
INTERNSHIP, EXTERNSHIP, WORK-STUDY, CO-OP OR SIMILAR
PROGRAM, AN adult applying for or holding a paid position
with an employer that participates in an THE internship,
externship, work-study, co-op or similar program with a
school and is identified by the employer WHOM THE
EMPLOYER AND THE SCHOOL IDENTIFY as the child's
supervisor and the person responsible for the child's
welfare while the child participates in the program with
the employer. This subparagraph does not apply to other
employees of that employer who have not been identified
as the person responsible for the child's welfare. THE
ADULT IDENTIFIED UNDER THIS SUBPARAGRAPH AS THE PERSON
RESPONSIBLE FOR THE CHILD'S WELFARE IS REQUIRED TO BE IN
THE IMMEDIATE VICINITY AT REGULAR INTERVALS WITH THE
CHILD DURING THE PROGRAM.
(6) Any individual seeking to provide child-care
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services under contract with a child-care facility or
program.
(7) An individual 18 years of age or older who resides
in the home of a foster parent for at least 30 days in a
calendar year or who resides in the home of a prospective
adoptive parent for at least 30 days in a calendar year.
(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:
(i) A family living home.
(ii) A community home for individuals with an
intellectual disability.
(iii) A host home for children.
This paragraph does not include an individual with an
intellectual disability or chronic psychiatric disability
receiving services in a home.
(a.1) School employees.--This section shall apply to school
employees as follows:
(1) School employees governed by the provisions of the
act of March 10, 1949 (P.L.30, No.14), known as the Public
School Code of 1949, shall be subject to the provisions of
section 111 of the Public School Code of 1949, except that
this section shall apply with regard to the [information]
certification required under subsection (b)(2) and the
grounds for denying employment under subsection (c)(1) .
(2) (i) School employees not governed by the provisions
of the Public School Code of 1949 shall be governed by
this section.
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(ii) This paragraph shall not apply to an employee
of an institution of higher education whose direct
contact with children, in the course of employment, is
limited to children 16 years of age or older who are
either:
(A) prospective students visiting a campus
operated by the institution of higher education; or
(B) MATRICULATED students who are enrolled with
the institution . and attend classes at a campus or
facility operated by the institution of higher
education. THIS SECTION SHALL NOT APPLY TO STUDENTS
WHO HAVE NOT RECEIVED A HIGH SCHOOL DIPLOMA OR ITS
EQUIVALENT.
(III) SUBPARAGRAPH (II)(A) AND (B) The exemption
under subpara graph (ii)(B) SHALL NOT APPLY TO STUDENTS
WHO ARE ENROLLED IN A SECONDARY SCHOOL.
(a.2) Minors.--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:
(1) The individual has been a resident of this
Commonwealth during the entirety of the previous 10-year
period or, if not a resident of this Commonwealth during the
entirety of the previous 10-year period, has received
certification under subsection (b)(3) at any time since
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establishing residency in this Commonwealth and provides a
copy of the certification to the employer.
(2) The individual and the individual's parent or legal
guardian swears or affirms in writing that the individual is
not disqualified from service under 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.
(a.3) Internships and similar programs with schools.--An
adult applying for or holding a paid position with an employer
that participates in an internship, externship, work-study, co-
op or similar program with a school shall not be required to
submit information under subsection (b) if the child
participating in the program is at least 16 years of age.
(a.4) (A.3) Exchange visitor.--An individual in possession
of a nonimmigrant visa issued pursuant to 8 U.S.C. § 1101(a)(15)
(J) (relating to definitions) to an exchange visitor, commonly
referred to as a "J-1" Visa, shall not be required to submit
information under subsection (b) if all of the following apply:
(1) The individual is applying for or holds a paid
position with a program, activity or service for a period not
to exceed a total of 90 days in a calendar year.
(2) THE INDIVIDUAL HAS NOT BEEN EMPLOYED PREVIOUSLY IN
THIS COMMONWEALTH OR ANOTHER STATE, THE DISTRICT OF COLUMBIA
OR THE COMMONWEALTH OF PUERTO RICO.
(2) (3) The individual swears or affirms in writing that
the individual is not disqualified from service under
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subsection (c) or has not been convicted of an offense
similar in nature to the crimes listed under 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.
(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)
or (6) [or], (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 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. The criminal history record
information shall be limited to that which is disseminated
pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to general
regulations).
(2) A certification from the department as to whether
the applicant is named in the Statewide database 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
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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.
(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) or (6) [or], (a.1) or (a.2) shall
maintain a copy of the required information and require the
individual to [produce] submit the [original document] 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).
(b.2) Investigation.--An employer, administrator, supervisor
or other person responsible for employment decisions shall
require an applicant to submit the required documentation set
forth in this chapter or as required in section 6344.4. An
employer, administrator, supervisor or other person responsible
for employment decisions that intentionally fails to require an
applicant to submit the required documentation before the
applicant's hiring or upon recertification commits a misdemeanor
of the third degree.
(B.3) VOLUNTEER CERTIFICATION PROHIBITION.--AN EMPLOYER,
ADMINISTRATOR, SUPERVISOR OR OTHER PERSON RESPONSIBLE FOR
EMPLOYMENT DECISIONS IS PROHIBITED FROM ACCEPTING A
CERTIFICATION THAT WAS OBTAINED FOR VOLUNTEERING PURPOSES UNDER
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SECTION 6344.2 (RELATING TO VOLUNTEERS HAVING CONTACT WITH
CHILDREN).
* * *
(d) Prospective adoptive or foster parents.--With regard to
prospective adoptive or prospective foster parents, the
following shall apply:
* * *
(4.1) If a foster parent, prospective adoptive parent,
or an individual over 18 years of age residing in the home is
arrested for or convicted of an offense that would constitute
grounds for denying approval under this chapter or is named
as a perpetrator in a founded or indicated report, the foster
parent or prospective adoptive parent shall provide the
foster family care agency or the agency listed to provide
adoption services with written notice not later than 72 hours
after the arrest, conviction or notification that the [foster
parent] individual was named as a perpetrator in the
Statewide database.
(5) Foster parents and prospective adoptive parents
shall be required to report any other change in the [foster]
family household composition within 30 days of the change for
review by the foster family care agency or the agency listed
to provide adoption services. If any individual over 18 years
of age, who has resided outside this Commonwealth at any time
within the previous five-year period, begins residing in the
home of an approved foster family or a prospective adoptive
family, that individual shall, within 30 days of beginning
residence, submit to the foster family care agency or the
agency listed to provide adoption services a certification
obtained from the Statewide database, or its equivalent in
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each state in which the person has resided within the
previous five-year period, as to whether the person is named
as a perpetrator. If the certification shows that the person
is named as a perpetrator within the previous five-year
period, the foster family care agency or the agency listed to
provide adoption services shall forward the certification to
the department for review. If the department determines that
the person is named as the equivalent of a perpetrator of a
founded report within the previous five-year period and the
person does not cease residing in the home immediately, the
county agency shall immediately seek court authorization to
remove the foster child or children from the home. In
emergency situations when a judge cannot be reached, the
county agency shall proceed in accordance with the
Pennsylvania Rules of Juvenile Court Procedure.
(6) In cases where foster parents knowingly fail to
submit the material information required in paragraphs (4.1)
and (5) and section 6344.4 [(relating to certification
compliance)] such that it would disqualify them as foster
parents, the county agency shall immediately seek court
authorization to remove the foster child or children from the
home. In emergency situations when a judge cannot be reached,
the county agency shall proceed in accordance with the
Pennsylvania Rules of Juvenile Court Procedure.
* * *
(8) The department shall require information based upon
certain criteria for foster and adoptive parent applications.
The criteria shall include, but not be limited to,
information provided by the applicant or other sources in the
following areas:
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(i) Previous addresses within the last [ten] 10
years.
(ii) Criminal history background [clearance]
certification generated by the process outlined in this
section.
(iii) Child abuse [clearance] certification
generated by the process outlined in this section.
(iv) Composition of the resident family unit.
(v) Protection from abuse orders filed by or against
either parent, provided that such orders are accessible
to the county or private agency.
(vi) Details of any proceedings brought in family
court, provided that such records in such proceedings are
accessible to the county or private agency.
(vii) Drug-related or alcohol-related arrests, if
criminal charges or judicial proceedings are pending, and
any convictions or hospitalizations within the last five
years. If the applicant provides information regarding
convictions or hospitalizations in that five-year period,
then information on the prior five years shall be
requested related to any additional convictions or
hospitalizations.
(viii) Evidence of financial stability, including
income verification, employment history, current liens
and bankruptcy findings within the last [ten] 10 years.
(ix) Number of and ages of foster children and other
dependents currently placed in the home.
(x) Detailed information regarding children with
special needs currently living in the home.
(xi) Previous history as a foster parent, including
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number and types of children served.
(xii) Related education, training or personal
experience working with foster children or the child
welfare system.
* * *
(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 providing community residential rehabilitation
services FOR CHILDREN , which are subject to SUPERVISION OR
licensure by the department under Articles IX and X of the
Public Welfare Code:
(i) If an individual is arrested for or convicted of
an offense that would constitute grounds for denying
approval under this chapter, or is named as a perpetrator
in a founded or indicated report, the individual shall
provide the agency with written notice not later than 72
hours after the arrest, conviction or notification that
the individual was named as a perpetrator in the
Statewide database.
(ii) The adult household FAMILY member who is
providing services to a child in the home shall be
required to report any other change in the household
composition within 30 days of the change for review by
the agency. If any individual over 18 years of age, who
has resided outside this Commonwealth at any time within
the previous five-year period, begins residing in the
home, that individual shall, within 30 days of beginning
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residence, submit to the agency a certification obtained
from the Statewide database, or its equivalent in each
state in which the individual has resided within the
previous five-year period, as to whether the person is
named as a perpetrator. If the certification shows that
the person is named as a perpetrator within the previous
five-year period, the agency shall forward the
certification to the department for review.
(2) This subsection shall not apply to an individual
with an intellectual disability or chronic psychiatric
disability receiving services in a home.
(3) As used in this subsection, the term "agency" means
a family living home agency, community home agency for
individuals with an intellectual disability or a host home
agency.
(e) Self-employed family [day-care] child-care providers.--
Self-employed family [day-care] child-care providers who apply
for a [certificate of registration] license with the department
shall submit with their [registration] licensure application the
information set forth under subsection (b) for review in
accordance with this section.
* * *
Section 6. Section 6344.1 heading, (a) and (c) of Title 23
are amended to read:
§ 6344.1. Information relating to certified or [registered day-
care] licensed child-care home residents.
(a) General rule.--In addition to the requirements of
section 6344 (relating to employees having contact with
children; adoptive and foster parents), an individual who
applies to the department for a certificate of compliance or a
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[registration certificate] license to provide child day care in
a residence shall include criminal history record and child
abuse record information required under section 6344(b) for
every individual 18 years of age or older who resides in the
home for at least 30 days in a calendar year.
* * *
(c) Effect on certification or [registration] licensure.--
The department shall refuse to issue or renew a certificate of
compliance or [registration certificate] license or shall revoke
a certificate of compliance or [registration certificate]
license if the day-care home provider or individual 18 years of
age or older who has resided in the home for at least 30 days in
a calendar year:
(1) is named in the Statewide database as the
perpetrator of a founded report committed within the
immediately preceding five-year period; or
(2) has been convicted of an offense enumerated in
section 6344(c).
* * *
Section 7. Section 6344.2(a), (B), (b.1), (e) and (f) of
Title 23, amended October 22, 2014 (P.L.2529, No.153), are
amended and the section is amended by adding a subsection
SUBSECTIONS 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,
WITH A CHILD-CARE SERVICE, A SCHOOL OR A PROGRAM, ACTIVITY OR
SERVICE, as a person responsible for the [welfare of a child]
child's welfare or having direct VOLUNTEER contact with children
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THROUGH A CHILD-CARE SERVICE, A SCHOOL OR A PROGRAM, ACTIVITY OR
SERVICE.
* * *
(B) INVESTIGATION.--EMPLOYERS, ADMINISTRATORS, SUPERVISORS
OR OTHER PERSONS RESPONSIBLE FOR SELECTION OF VOLUNTEERS SHALL
REQUIRE AN APPLICANT TO SUBMIT TO ALL REQUIREMENTS SET FORTH IN
SECTION 6344(B) (RELATING TO EMPLOYEES HAVING CONTACT WITH
CHILDREN; ADOPTIVE AND FOSTER PARENTS) EXCEPT AS PROVIDED IN
SUBSECTION (B.1). AN EMPLOYER, ADMINISTRATOR, SUPERVISOR OR
OTHER PERSON RESPONSIBLE FOR SELECTION OF VOLUNTEERS REGARDING
AN APPLICABLE PROSPECTIVE VOLUNTEER UNDER THIS SECTION THAT
INTENTIONALLY FAILS TO REQUIRE THE SUBMISSIONS BEFORE [HIRING]
APPROVING THAT INDIVIDUAL COMMITS A MISDEMEANOR OF THE THIRD
DEGREE.
(b.1) Exception.--
(1) A person responsible for the selection of volunteers
under this chapter shall require an applicable prospective
volunteer prior to the commencement of service to submit only
the information under section 6344(b)(1) and (2), if the
following apply:
(i) The position the prospective volunteer is
applying for is unpaid.
(ii) The prospective volunteer has been a resident
of this Commonwealth during the entirety of the previous
[ten-year period.] 10-year period or, if not a resident
of this Commonwealth during the entirety of the previous
10-year period, has received certification under section
6344(b)(3) at any time since establishing residency in
this Commonwealth and provides a copy of the
certification to the person responsible for the selection
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of volunteers.
(iii) The prospective volunteer swears or affirms in
writing that the prospective volunteer is not
disqualified from service pursuant to section 6344(c) or
has not been convicted of an offense similar in nature to
those crimes listed in section 6344(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.
(2) If the information obtained pursuant to section
6344(b) reveals that the prospective volunteer applicant is
disqualified from service pursuant to section 6344(c), the
applicant shall not be approved for service.
(3) A volunteer who provides episodic, infrequent or
intermittent services to a program, activity or service and
who is within the immediate vicinity of at least one
individual who is responsible for the child's welfare and has
submitted the information under section 6344(b)(1) and (2)
shall be exempt from this section. As used in this paragraph,
the term "immediate vicinity" means an area subject to sight,
hearing and direction and assessment of activity. IF ALL OF
THE FOLLOWING APPLY, AN INDIVIDUAL SHALL NOT BE REQUIRED TO
OBTAIN THE CERTIFICATIONS REQUIRED UNDER SUBSECTION (B):
(I) THE STUDENT INDIVIDUAL IS CURRENTLY ENROLLED IN
A SCHOOL .
(II) THE STUDENT INDIVIDUAL IS NOT A PERSON
RESPONSIBLE FOR THE CHILD'S WELFARE.
(III) THE STUDENT INDIVIDUAL IS VOLUNTEERING FOR AN
EVENT THAT OCCURS ON SCHOOL GROUNDS.
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(IV) THE EVENT IS SPONSORED BY THE SCHOOL IN WHICH
THE INDIVIDUAL IS ENROLLED AS A STUDENT .
(V) THE EVENT IS NOT FOR CHILDREN WHO ARE IN THE
CARE OF A CHILD-CARE SERVICE.
* * *
[(e) Construction.--Nothing in this section shall be
construed to prohibit an organization from requiring additional
information as part of the clearance process for volunteers who
are responsible for the welfare of a child or have direct
contact with children.]
(f) [Provisional clearances for volunteers] Nonresident
volunteer certification.--Employers, administrators, supervisors
or other persons responsible for selection of volunteers may
allow a volunteer to serve on a provisional basis [for a single
period] not to exceed a total of 30 days in a calendar year if
the volunteer is in compliance with the clearance standards
under the law of the jurisdiction where the volunteer is
domiciled. The nonresident volunteer must provide the employer,
administrator, supervisor or other person responsible for
selection of volunteers with documentation of certifications.
(g) Waiver of fees for certain background checks
CERTIFICATIONS .--The fees for certifications provided REQUIRED
under section 6344(b)(1) and (2) which a volunteer is required
to complete SUBMIT under this section shall be waived and the
certifications shall be provided free of charge to the volunteer
under the following conditions:
(1) The background check is CERTIFICATIONS ARE necessary
to comply with the requirements of subsection (b).
(2) The background check CERTIFICATIONS may not be used,
and shall not be valid, to satisfy the requirements for
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employment under section 6344(b) or any other law for which a
similar background check may be required.
(3) A background check BACKGROUND CERTIFICATIONS shall
only be provided free of charge to a volunteer once every 36
57 months.
(4) The volunteer certifies SWEARS OR AFFIRMS, IN
WRITING , under penalty of 18 Pa.C.S. § 4904 (relating to
unsworn falsification to authorities), the following:
(i) The background check is CERTIFICATIONS ARE
necessary to satisfy the requirements under subsection
(b).
(ii) The volunteer has not received a background
check CERTIFICATIONS free of charge within the previous
36 57 months.
(iii) The volunteer understands that the check
CERTIFICATIONS shall not be valid or used for any other
purpose.
(H) PRESUMPTION OF GOOD FAITH.--FOR THE PURPOSES OF CRIMINAL
LIABILITY UNDER THIS SECTION, AN EMPLOYER, ADMINISTRATOR,
SUPERVISOR OR OTHER PERSONS RESPONSIBLE FOR THE SELECTION OF
VOLUNTEERS ARE PRESUMED TO HAVE ACTED IN GOOD FAITH WHEN
IDENTIFYING INDIVIDUALS REQUIRED TO SUBMIT CERTIFICATION UNDER
CERTIFICATIONS AND MAINTAIN RECORDS AS REQUIRED BY THIS SECTION.
Section 8. Sections 6344.3(e) and (f) and 6344.4 of Title
23, added October 22, 2014 (P.L.2529, No.153), (F) AND (G),
6344.4, 6383(C)(1), (2) AND (3) AND 6386(A) OF TITLE 23 are
amended to read:
§ 6344.3. Continued employment or participation in program,
activity or service.
* * *
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(e) Noninterference with decisions.--Nothing in this chapter
shall be construed to otherwise interfere with the ability of an
employer or person responsible for a program, activity or
service to make employment, discipline or termination decisions
or from establishing additional [clearance] standards as part of
the hiring or selection process for employees or volunteers .
(f) [Transfer] Portability of certification.--
[(1) Any person who has obtained the information
required under this chapter may transfer or provide services
to another subsidiary or branch established and supervised by
the same organization, or serve in a volunteer capacity for
any program, service or activity, during the length of time
the person's certification is current pursuant to section
6344.4 (relating to certification compliance).
(2) Any employee who begins employment with a new
agency, institution, organization or other entity that is
responsible for the care, supervision, guidance or control of
children shall be required to obtain a new certification of
compliance as required by this chapter.]
(1) If SUBJECT TO THE RESTRICTIONS UNDER SECTION
6344(B.3) (RELATING TO EMPLOYEES HAVING CONTACT WITH
CHILDREN; ADOPTIVE AND FOSTER PARENTS), IF an individual's
certifications are current under section 6344.4 (relating to
recertification) and the individual completes an affirmation
under paragraph (2), the individual may use the
certifications as follows:
(i) to apply for employment as identified in section
6344 (relating to employees having contact with children;
adoptive and foster parents);
(ii) to serve as an employee as identified in
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section 6344;
(iii) to apply as a volunteer under section 6344.2
(relating to volunteers having contact with children);
and
(iv) to serve as a volunteer under section 6344.2.
(2) Prior to commencing employment or service, an
individual must swear or affirm in writing that the
individual has not been disqualified from employment or
service under section 6344(c) or has not been convicted of an
offense similar in nature to a crime listed in section
6344(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) An employer, administrator, supervisor, other person
responsible for employment decisions or other person
responsible for the selection of volunteers shall make a
determination of employment or volunteer matters based on a
review of the information required under section 6344(b)
prior to employment or acceptance to service in any such
capacity and must maintain a copy of the required
information.
(4) This subsection shall apply to drivers of
independent school bus contractors.
* * *
§ 6344.4. [Certification compliance] Recertification.
New certifications shall be obtained in accordance with the
following:
(1) Effective December 31, 2014:
(i) [A] Except as provided in subparagraph (v), a
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person identified in section 6344 (relating to employees
having contact with children; adoptive and foster
parents) shall be required to obtain the certifications
required by this chapter every [36] 60 months.
(ii) School employees identified in section
6344(a.1)(1) shall be required to obtain reports under
section 111 of the act of March 10, 1949 (P.L.30, No.14),
known as the Public School Code of 1949, and under
section 6344(b)(2) every [36] 60 months.
(iii) Any person identified in section 6344 with a
current certification issued prior to the effective date
of this section shall be required to obtain the
certifications required by this chapter within [36] 60
months from the date of [their most recent] the person's
oldest certification or, if the current certification is
older than [36] 60 months, within one year of the
effective date of this section.
(iv) A person identified in section 6344 without a
certification or who was previously not required to have
a certification shall be required to obtain the
certifications required by this chapter no later than
December 31, 2015.
(v) An employee identified under section 6344 who
has completed a certification or recertification under
this section, in which a report of Federal criminal
history record information under section 6344(b)(3) was
required and completed, shall be required to obtain a
subsequent report under section 6344(b)(3) every 60
months.
(2) (i) Effective [July 1,] AUGUST 25, 2015, a person
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identified in section 6344.2 (relating to volunteers
having contact with children) shall be required to obtain
the certifications required by this chapter every [36] 60
months[.] from the date of the person's most recent
certification or, if the current certification is older
than 36 60 months, within one year of the effective date
of this section.
(ii) A person identified under section 6344.2
without a certification or who was previously not
required to have a certification shall be required to
obtain the certifications required by this chapter no
later than July 1, 2016.
(3) For renewals of certification required under this
chapter, the date for required renewal under this section
shall be from the date of the oldest certification under
section 6344(b).
Section 9. Section 6383(c)(1), (2) and (3) of Title 23 are
amended to read:
§ 6383. Education and training.
* * *
(c) Training of persons subject to department regulation.--
(1) The following persons shall be required to meet the
child abuse recognition and reporting training requirements
of this subsection:
(i) Operators of institutions, facilities or
agencies which care for children and are subject to
supervision by the department under Article IX of the
Public Welfare Code, and their employees who have direct
contact with children.
(ii) Foster parents.
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(iii) Operators of facilities and agencies which
care for children and are subject to licensure by the
department under Article X of the Public Welfare Code and
their employees who have direct contact with children.
(iv) Caregivers in family [day care] child-care
homes which are subject to [registration] licensure by
the department under [Subarticle (c) of] Article X of the
Public Welfare Code and their employees who have direct
contact with children.
(v) The adult household FAMILY member who is a
person responsible for the child's welfare and is
providing services to a child in a family living home, a
community homes for individuals with an intellectual
disability or a host home which are subject to
SUPERVISION OR licensure by the department under Articles
IX and X of the Public Welfare Code.
(2) Within six months of the effective date of this
subsection, operators and caregivers shall receive three
hours of training prior to the issuance of a license[,] or
approval [or registration] certificate and three hours of
training every five years thereafter.
(3) Employees who have direct contact with children and
foster parents shall receive three hours of training within
six months of the issuance of a license[,] or approval [or
registration] certificate and three hours of training every
five years thereafter. New employees and new foster parents
shall receive three hours of training within 90 days of hire
or approval as a foster parent and three hours of training
every five years thereafter.
* * *
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Section 10. Section 6386(a) of Title 23 is amended to read:
§ 6386. Mandatory reporting of children under one year of age.
(a) When report to be made.--A health care provider shall
immediately make a report or cause a report to be made to the
appropriate county agency if the provider is involved in the
delivery or care of a child under one year of age who is born
and identified as being affected by any of the following:
(1) Illegal substance abuse by the child's mother.
(2) Withdrawal symptoms resulting from prenatal drug
exposure[.] unless the child's mother, during the pregnancy,
was :
(i) under the care of a prescribing medical
professional; and
(ii) in compliance with the directions for the
administration of a prescription drug as directed by the
prescribing medical professional.
(3) A Fetal Alcohol Spectrum Disorder.
* * *
SECTION 11 9. THE AMENDMENT OF 23 PA.C.S. § 6344.4(2)(I) IF
ENACTED AFTER JULY 1, 2015, SHALL BE RETROACTIVE TO JULY 1,
2015.
Section 11 12 10. This act shall take effect immediately.
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