A05805
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2503
Session of
2020
INTRODUCED BY B. MILLER, RYAN, RADER, ZIMMERMAN, DRISCOLL,
MACKENZIE, STURLA, MENTZER, THOMAS, WILLIAMS, MURT AND
GREINER, MAY 12, 2020
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, MAY 12, 2020
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(m) of Title 23 of the Pennsylvania
Consolidated Statutes, amended July 2, 2019 (P.L.336, No.47), is
amended to read:
ยง 6344. Employees having contact with children; adoptive and
foster parents.
* * *
(m) Provisional employees for limited periods.--[Employers,
administrators, supervisors or other persons] An employer,
administrator, supervisor or other person responsible for
employment decisions 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
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a] for a single period not to exceed 45 days. 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] may
employ an applicant on a provisional basis for a single period
not to exceed 45 days only if, upon request, the department
grants a waiver. In order for an employer, administrator,
supervisor or other person responsible for employment decisions
to employ an applicant on a provisional basis for a single
period not to exceed 45 days, [if] all of the following
conditions [are] must be 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] the applicant from employment pursuant to
subsection (c).
(3) The applicant swears or affirms in writing that [he]
the applicant 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
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family child-care home] The employer, administrator,
supervisor or other person responsible for employment
decisions 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.
* * *
Section 2. This act shall take effect immediately January 1,
2021.
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