A03620
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1290
Session of
2019
INTRODUCED BY POLINCHOCK, BOBACK, CIRESI, T. DAVIS, DeLUCA,
HELM, JAMES, McCLINTON, MILLARD, RYAN AND SAINATO,
APRIL 25, 2019
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, APRIL 25, 2019
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in child protective services, further
providing for definitions, for reporting procedure, for
disposition of complaints received, for responsibility for
investigation, for access to information in Statewide
database, for information in Statewide database and for
release of information in confidential reports.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6303(a) of Title 23 of the Pennsylvania
Consolidated Statutes 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:
* * *
"Concerns a military family." In a report:
(1) an alleged perpetrator of abuse is a service member,
spouse of a service member or child of a service member; or
(2) an alleged victim of abuse is a child of a service
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member.
* * *
"Family Advocacy Program." The Family Advocacy Program
program established by the United States Department of Defense
to address child abuse and neglect, problematic sexual behavior
in children and youth and domestic abuse in military communities
families .
* * *
"Military installation." A base, camp, post, station, yard,
center or other activity under the jurisdiction of the Adjutant
General. The term includes a State-owned National Guard
installation.
* * *
"Service member." A person serving in the armed forces of
the United States or reserve component of the armed forces of
the United States , including or the Pennsylvania National Guard.
The term includes a person serving in the United States Army,
United States Navy, United States Marine Corps, United States
Air Force and United States Coast Guard or any reserve component
thereof. The reserve component of the armed forces includes the
United States Army Reserve, United States Navy Reserve, United
States Marine Corps Reserve, United States Air Force Reserve,
United States Coast Guard Reserve, Army National Guard of the
United States and the Air National Guard of the United States.
* * *
Section 2. Section 6313(b) of Title 23 is amended by adding
a paragraph to read:
§ 6313. Reporting procedure.
* * *
(b) Contents of report.--A written report of suspected child
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abuse, which may be submitted electronically, shall include the
following information, if known:
* * *
(7.1) If a subject of a report is a service member.
(5.1) Whether the report concerns a military family and,
if so, any necessary explanatory information.
* * *
Section 3. Section 6334 of Title 23 is amended by adding a
subsection to read:
§ 6334. Disposition of complaints received.
* * *
(b.1) Receipt of reports by county agencies and referral to
Family Advocacy Program.--If the county agency investigates a
report of suspected child abuse and learns that the subject of a
report is a service member, the county agency shall immediately
give notice to the Family Advocacy Program by contacting the
Family Advocacy Program representative for the Commonwealth of
Pennsylvania or the subject's assigned military installation.
The notice shall contain the following information:
(1) That a report of suspected child abuse committed by
a service member has been received.
(2) A summary of the nature and extent of the suspected
abuse.
(3) The existence in the Statewide database under
section 6331 (relating to establishment of Statewide
database) of a prior report or a current investigation or
assessment concerning a subject of the report, if any.
* * *
Section 3. Sections 6334(a) and (b), 6334.1(4) and 6335(a)
of Title 23 are amended to read:
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§ 6334. Disposition of complaints received.
(a) Receipt of reports by county agencies and law
enforcement.--After ensuring the immediate safety of the child
and any other child in the child's home, a county agency or law
enforcement official that receives a report of suspected child
abuse shall immediately notify the department of the report. If
the report is an oral report by telephone, the county agency or
law enforcement official shall attempt to collect as much of the
information listed in section [6313(c)] 6313(b) (relating to
reporting procedure) as possible and shall submit the
information to the department within 48 hours through a report
in writing or by electronic technologies.
(b) Receipt of reports by department and referral to county
agency; notification of Family Advocacy Program
representative.--The department shall immediately transmit an
oral notice or a notice by electronic technologies to the county
agency of the county where the suspected child abuse is alleged
to have occurred. If the report concerns a military family, the
department shall also notify the Family Advocacy Program
representative for the Commonwealth and the designated Family
Advocacy Program representative of the assigned military
installation. The notice shall contain the following
information:
(1) That a report of suspected child abuse by a
perpetrator has been received.
(2) The substance of the report.
(3) The existence in the Statewide database of a prior
report or a current investigation or assessment concerning a
subject of the report.
* * *
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§ 6334.1. Responsibility for investigation.
The department shall establish procedures regarding the
following different responses to address suspected child abuse
and protective services depending on the person's allegedly
committing the suspected child abuse or causing a child to be in
need of protective services:
* * *
(4) If a child is alleged to be in need of other
protective services, the appropriate county agency, in
coordination with the appropriate Family Advocacy Program
representative, if applicable, shall assess the needs of the
child as provided in this chapter.
§ 6335. Access to information in Statewide database.
(a) Request for information.--A county agency, Family
Advocacy Program representative or law enforcement official
shall use the Statewide toll-free telephone number, or any
manner prescribed by the department, to determine the existence
of any prior reports involving a subject of the report. If the
Statewide database contains information related to a report or a
pending investigation or assessment concerning a subject of the
report, the department shall immediately convey this information
to the county agency, Family Advocacy Program representative or
law enforcement official.
* * *
Section 4. Sections 6336(a) and 6340(a) of Title 23 are
amended by adding paragraphs to read:
§ 6336. Information in Statewide database.
(a) Information authorized.--The Statewide database shall
include and shall be limited to the following information:
* * *
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(6.1) If a subject of a report is a service member.
Whether the report concerns a military family and, if so, any
necessary explanatory information.
* * *
§ 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:
* * *
(19) A Family Advocacy Program representative for the
Commonwealth of Pennsylvania or to the subject's assigned
military installation that needs the information to carry out
the military installation's responsibilities if the subject
of the report is a service member. The information provided
shall be limited to the following:
(i) That a report of suspected child abuse committed
by a service member has been received.
(ii) Whether the child abuse report is indicated,
founded or unfounded.
(iii) A summary of the nature and extent of any
founded report of child abuse.
(iv) Resource referrals and the services provided or
to be provided by the county agency.
(v) The existence in the Statewide database of a
prior report of child abuse or a current investigation or
assessment concerning the subject of the report, if any.
If the report concerns a military family, the Family
Advocacy Program representative for the Commonwealth or
to the designated Family Advocacy Program representative
for the assigned military installation.
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* * *
Section 5. This act shall take effect immediately December
31, 2020.
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