PRINTER'S NO. 1732
No. 1429 Session of 1991
INTRODUCED BY HAGARTY, BLAUM, NAHILL, CALTAGIRONE, DALEY,
HECKLER, J. TAYLOR, KOSINSKI, ANGSTADT, KRUSZEWSKI,
G. SNYDER, LaGROTTA, SEMMEL, HERMAN, ITKIN, BARLEY, FLEAGLE,
DeLUCA, LUCYK, ULIANA, PHILLIPS, VROON, BATTISTO, GERLACH,
PETRONE, WAMBACH, BELARDI, CORNELL, E. Z. TAYLOR, MELIO,
HARPER, MICHLOVIC, MICOZZIE, FARMER, STABACK, GODSHALL,
GIGLIOTTI, NOYE, STEELMAN, D. W. SNYDER, PISTELLA, GRUPPO,
SERAFINI, BUNT, CIVERA, SURRA, KING, BUTKOVITZ, STURLA,
RITTER AND TELEK, MAY 29, 1991
REFERRED TO COMMITTEE ON AGING AND YOUTH, MAY 29, 1991
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for recordkeeping
3 duties of the Department of Public Welfare; and further
4 providing for grounds for denial of employment.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 6338(b) and 6344(c) of Title 23 of the
8 Pennsylvania Consolidated Statutes, added December 19, 1990
9 (P.L. , No.206), are amended to read:
10 § 6338. Disposition of founded and indicated reports.
11 * * *
12 (b) Expungement of information when child attains [18] 23
13 years of age.--All information, except for the name,
14 relationship to the victim, Social Security number and date of
15 birth of the person responsible for the abuse, identifying the
1 subjects of all indicated reports [and all information] shall be
2 expunged when the subject child reaches 23 years of age. All
3 information, except for the relationship to the perpetrator,
4 identifying the subject child of all founded reports shall be
5 expunged when the subject child reaches [the age of 18 years,
6 unless another report is received involving the same child, his
7 sibling or offspring, or another child in the care of the
8 persons responsible for the subject child's welfare. The
9 identifying information may then be maintained in the register
10 for five years after the subsequent case or report is closed.]
11 23 years of age. The expungement shall be mandated and
12 guaranteed by the department.
13 § 6344. Information relating to prospective child-care
14 personnel.
15 * * *
16 (c) Grounds for denying employment.--In no case shall an
17 administrator hire an applicant where the department has
18 verified that the applicant is named in the central register as
19 the perpetrator of a founded report of child abuse committed
20 within the five-year period immediately preceding verification
21 pursuant to this section. In no case shall an administrator hire
22 an applicant if the applicant's criminal history record
23 information indicates the applicant has been convicted, within
24 five years immediately preceding the date of the report, of one
25 or more of the following offenses under Title 18 (relating to
26 crimes and offenses):
27 Chapter 25 (relating to criminal homicide).
28 Section 2702 (relating to aggravated assault).
29 Section 2901 (relating to kidnapping).
30 Section 2902 (relating to unlawful restraint).
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1 Section 3121 (relating to rape).
2 Section 3122 (relating to statutory rape).
3 Section 3123 (relating to involuntary deviate sexual
4 intercourse).
5 Section 3125 (relating to aggravated indecent assault).
6 Section 3126 (relating to indecent assault).
7 Section 3127 (relating to indecent exposure).
8 Section 4303 (relating to concealing death of child born
9 out of wedlock).
10 Section 4304 (relating to endangering welfare of
11 children).
12 Section 4305 (relating to dealing in infant children).
13 A felony offense under section 5902(b) (relating to
14 prostitution and related offenses).
15 Section 5903(c) or (d) (relating to obscene and other
16 sexual materials).
17 Section 6301 (relating to corruption of minors).
18 Section 6312 (relating to sexual abuse of children).
19 * * *
20 Section 2. This act shall take effect as follows:
21 (1) The amendment of 23 Pa.C.S. § 6338(b) shall take
22 effect in 90 days.
23 (2) The remainder of this act shall take effect
24 immediately.
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