PRINTER'S NO. 3772
No. 2831 Session of 1992
INTRODUCED BY STUBAN, KUKOVICH, NAHILL, BLAUM, HAGARTY, KASUNIC,
TIGUE, HALUSKA, DALEY, MARKOSEK, RITTER, PETRONE, STISH,
WILLIAMS, BISHOP, J. TAYLOR, E. Z. TAYLOR, D. W. SNYDER,
PISTELLA, JOSEPHS, VEON, DeLUCA, VROON, SALOOM, SURRA, MUNDY,
JOHNSON, M. N. WRIGHT, MIHALICH, PESCI, KREBS, ARNOLD,
WOZNIAK, TRELLO, HANNA, GEIST, ULIANA, STETLER, JAROLIN,
LINTON, STABACK, STURLA, GODSHALL, HERMAN, McCALL, BELFANTI,
OLASZ, LAUGHLIN, COLAIZZO, MELIO, BUTKOVITZ, KRUSZEWSKI, FEE,
TOMLINSON, STEELMAN, BATTISTO, ADOLPH, PRESTON, ALLEN AND
SCRIMENTI, JUNE 15, 1992
REFERRED TO COMMITTEE ON AGING AND YOUTH, JUNE 15, 1992
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for preliminary
3 provisions, for reporting suspected child abuse, for powers
4 and duties of the Department of Public Welfare, for
5 organization and responsibilities of child protective service
6 and for miscellaneous provisions.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Sections 6302 and 6303 of Title 23 of the
10 Pennsylvania Consolidated Statutes are amended to read:
11 § 6302. [Finding] Findings and purpose of chapter.
12 [(a) Finding.--Abused children are in urgent need of an
13 effective child protective service to prevent them from
14 suffering further injury and impairment.
15 (b) Purpose.--It is the purpose of this chapter to encourage
16 more complete reporting of suspected child abuse and to
1 establish in each county a child protective service capable of
2 investigating such reports swiftly and competently, providing
3 protection for children from further abuse and providing
4 rehabilitative services for children and parents involved so as
5 to ensure the well-being of the child and to preserve and
6 stabilize family life wherever appropriate.]
7 (a) Findings.--Abused children are in urgent need of an
8 effective child protective service to prevent them from
9 suffering further injury and impairment.
10 (b) Purpose.--It is the purpose of this chapter to encourage
11 more complete reporting of suspected child abuse; to the extent
12 permitted by this chapter, to involve law enforcement agencies
13 in responding to child abuse; and to establish in each county a
14 protective service capable of investigating such reports swiftly
15 and competently, providing protection for children from further
16 abuse and providing rehabilitative services for children and
17 parents involved so as to ensure the child's well-being and to
18 preserve and stabilize family life wherever appropriate. It is
19 the purpose of this chapter to encourage parents or the persons
20 responsible for the child's welfare to request assistance from a
21 county children and youth agency in fulfilling parental duties
22 and resolving family problems that are detrimental to the
23 child's welfare. It is also the purpose of this chapter to
24 ensure that each county children and youth agency establish a
25 program of protective services with procedures to assess risk of
26 harm to a child and with the capabilities to respond adequately
27 to meet the needs of the family and child who may be at risk and
28 to prioritize the response and services to children.
29 (c) Effect on rights of parents.--This chapter does not
30 restrict the generally recognized existing rights of parents to
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1 use reasonable supervision and control when raising their
2 children.
3 § 6303. Definitions.
4 The following words and phrases when used in this chapter
5 shall have the meanings given to them in this section unless the
6 context clearly indicates otherwise:
7 ["Child abuse." Serious physical or mental injury which is
8 not explained by the available medical history as being
9 accidental, sexual abuse, sexual exploitation or serious
10 physical neglect of a child under 18 years of age if the injury,
11 abuse or neglect has been caused by the acts or omissions of the
12 child's parents or by a person responsible for the child's
13 welfare, or any individual residing in the same home as the
14 child, or a paramour of the child's parent. No child shall be
15 deemed to be physically or mentally abused for the sole reason
16 the child is in good faith being furnished treatment by
17 spiritual means through prayer alone in accordance with the
18 tenets and practices of a recognized church or religious
19 denomination by an accredited practitioner thereof or is not
20 provided specified medical treatment in the practice of
21 religious beliefs, or solely on the grounds of environmental
22 factors which are beyond the control of the person responsible
23 for the welfare of the child such as inadequate housing,
24 furnishings, income, clothing and medical care.]
25 "Child abuse." Nonaccidental serious physical injury or
26 serious physical neglect of a child under 18 years of age if the
27 injury has been caused by the recent acts or omissions of the
28 perpetrator or nonaccidental serious mental injury, sexual abuse
29 or sexual exploitation of a child under 18 years of age if the
30 injury or abuse has been caused by the acts or omissions of the
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1 perpetrator. This term also includes any recent act or failure
2 to act or series of acts or failures to act by a perpetrator
3 that creates an imminent risk of serious physical injury, sexual
4 abuse or sexual exploitation to a child under 18 years of age.
5 However, no child shall be deemed to be physically or mentally
6 abused based on injuries that result solely from environmental
7 factors that are beyond the control of the parent or person
8 responsible for the child's welfare such as inadequate housing,
9 furnishings, income, clothing and medical care. If, upon
10 investigation, the county agency determines that a child has not
11 been provided needed medical or surgical care because of
12 seriously-held religious beliefs of the child's parents,
13 guardian or person responsible, which beliefs are consistent
14 with those of a bona fide religion, the county agency shall
15 closely monitor the child and shall seek court-ordered medical
16 intervention when the lack of medical or surgical care threatens
17 the child's life or long-term health. In cases of such religious
18 circumstances, all correspondence with a subject of the report
19 shall not reference "child abuse" and shall acknowledge the
20 religious basis for the child's condition and the family shall
21 be referred for general protective services, if appropriate.
22 "Child-care services." Child day-care centers, group and
23 family day-care homes, foster homes, adoptive parents, boarding
24 homes for children, juvenile detention center services or
25 programs for delinquent or dependent children; mental health,
26 mental retardation, early intervention and drug and alcohol
27 services for children; and [any] other child-care services which
28 are provided by or subject to approval, licensure, registration
29 or certification by the [department] Department of Public
30 Welfare or a county social services agency or which are provided
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1 pursuant to a contract with these departments or a county social
2 services agency. The term does not include such services or
3 programs which may be offered by public and private schools,
4 intermediate units or area vocational-technical schools.
5 ["Child protective service." That section of each county
6 children and youth social service agency required to be
7 established by section 6361 (relating to organization of child
8 protective service).]
9 "Child protective services." Those services and activities
10 provided by the Department of Public Welfare and each county
11 agency for child abuse cases.
12 "Cooperation with an investigation or assessment." Includes,
13 but is not limited to, a school or school district which permits
14 authorized personnel from the [department or child protection
15 services] Department of Public Welfare or county agency to
16 interview a student while the student is in attendance at
17 school.
18 "County agency." The county children and youth social
19 service agency established pursuant to section 405 of the act of
20 June 24, 1937 (P.L.2017, No.396), known as the County
21 Institution District Law, or its successor, and supervised by
22 the Department of Public Welfare under Article IX of the act of
23 June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.
24 "Department." The Department of Public Welfare of the
25 Commonwealth.
26 "Expunge." To strike out or obliterate entirely so that the
27 expunged information may not be stored, identified or later
28 recovered by any mechanical or electronic means or otherwise.
29 "Family members." Spouses, parents and children or other
30 persons related by consanguinity or affinity.
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1 "Founded report." A child abuse report made pursuant to this
2 chapter if there has been any judicial adjudication based on a
3 finding that a child who is a subject of the report has been
4 abused, including the entry of a plea of guilty or nolo
5 contendere or a finding of guilt to a criminal charge involving
6 the same factual circumstances involved in the allegation of
7 child abuse.
8 "General protective services." Those services and activities
9 provided by each county agency for nonabuse cases requiring
10 protective services, as defined by the Department of Public
11 Welfare in regulations.
12 "Indicated report." A child abuse report made pursuant to
13 this chapter if an investigation by the [child protective
14 service] county agency or the Department of Public Welfare
15 determines that substantial evidence of the alleged abuse exists
16 based on any of the following:
17 (1) Available medical evidence.
18 (2) The child protective service investigation.
19 (3) An admission of the acts of abuse by the parent of
20 the child or person responsible for the welfare of the child.
21 "Individual residing in the same home as the child." An
22 individual who is 14 years of age or older and who resides in
23 the same home as the child.
24 "Perpetrator." A parent of a child, person responsible for
25 the welfare of a child, individual residing in the same home as
26 a child or a paramour of a child's parent who has committed
27 child abuse.
28 "Person responsible for the child's welfare." A person who
29 provides permanent or temporary care, supervision, mental health
30 diagnosis or treatment, training or control of a child in lieu
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1 of parental care, supervision and control. The term does not
2 include a person who is employed by, or provides services or
3 programs in, public, private or parochial nonresidential
4 schools, intermediate units or area vocational-technical
5 schools.
6 "Protective services." Those services and activities
7 provided by the Department of Public Welfare and each county
8 agency for children who are abused or are alleged to be in need
9 of protection under this chapter.
10 "Recent acts or omissions." Acts or omissions committed
11 within two years of the date of the report to the Department of
12 Public Welfare or county agency.
13 "Risk assessment." A Commonwealth-approved systematic
14 process that assesses a child's need for protection or services
15 based on the risk of harm to the child.
16 "Secretary." The Secretary of Public Welfare of the
17 Commonwealth.
18 "Serious bodily injury." Bodily injury which creates a
19 substantial risk of death or which causes serious permanent
20 disfigurement or protracted loss or impairment of function of
21 any bodily member or organ.
22 "Serious mental injury." A psychological condition, as
23 diagnosed by a physician or licensed psychologist, including the
24 refusal of appropriate treatment, that:
25 (1) renders a child chronically and severely anxious,
26 agitated, depressed, socially withdrawn, psychotic or in
27 reasonable fear that the child's life or safety is
28 threatened; or
29 (2) seriously interferes with a child's ability to
30 accomplish age-appropriate developmental and social tasks.
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1 "Serious physical injury." An injury that:
2 (1) causes a child severe pain; or
3 (2) significantly impairs a child's physical
4 functioning, either temporarily or permanently.
5 "Serious physical neglect." A serious physical condition
6 caused by acts or omissions which endanger a child's life or
7 development or impair the functioning of the child and is the
8 result of one of the following:
9 (1) Prolonged or repeated lack of supervision.
10 (2) Failure to provide essentials of life, including
11 adequate medical care.
12 "Sexual abuse[." The obscene or pornographic photographing,
13 filming or depiction of children for commercial purposes] or
14 exploitation." The employment, use, persuasion, inducement,
15 enticement or coercion of any child to engage in, or assist any
16 other person to engage in, any sexually explicit conduct, or any
17 simulation of such conduct, for the purpose of producing any
18 visual depiction of such conduct, or the rape, molestation,
19 incest, prostitution or other [forms] form of sexual
20 exploitation of children under circumstances which indicate that
21 the child's health or welfare is harmed or threatened thereby,
22 as determined in accordance with regulations of the [department]
23 Department of Public Welfare.
24 "Subject of the report." [Any child reported to the central
25 register of child abuse and a parent, guardian or other
26 responsible person also named in the report.] Any child, parent,
27 guardian or other person responsible for the welfare of a child
28 or alleged or actual perpetrator named in a report of suspected
29 or substantiated child abuse made to the Department of Public
30 Welfare or a county agency.
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1 "Substantial evidence." Evidence which a reasonable person
2 would accept as adequate to support a conclusion. It is more
3 than a trace of evidence.
4 "Under investigation." A child abuse report pursuant to this
5 chapter which is being investigated to determine whether it is
6 "founded," "indicated" or "unfounded."
7 "Unfounded report." Any child abuse report made pursuant to
8 this chapter unless the report is a "founded report" or [unless
9 an investigation by the appropriate child protective service
10 determines that the report is] an "indicated report."
11 Section 2. The heading of Subchapter B of Chapter 63 of
12 Title 23 is amended to read:
13 SUBCHAPTER B
14 PROVISIONS AND RESPONSIBILITIES FOR
15 REPORTING SUSPECTED CHILD ABUSE
16 Section 3. Sections 6311(a) and (b), 6313, 6314, 6315, 6316,
17 6317, 6318, 6331, 6332, 6333, 6334, 6335, 6336, 6337, 6338,
18 6339, 6340, 6341, 6343, 6344(b)(2) and (c), 6345, 6346, 6347,
19 6349(a) and (b), 6361, 6362, 6363, 6364, 6365, 6366, 6367, 6368,
20 6369, 6370, 6371 and 6372 of Title 23 are amended to read:
21 § 6311. Persons required to report suspected child abuse.
22 (a) General rule.--Persons who, in the course of their
23 employment, occupation or practice of their profession, come
24 into contact with children shall report or cause a report to be
25 made in accordance with section 6313 (relating to reporting
26 procedure) when they have reason to [believe, on the basis of
27 their medical, professional or other training and experience,
28 that a child coming before them in their professional or
29 official capacity] suspect, on the basis of information received
30 in the course of their employment, occupation or profession,
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1 that a child is an abused child. The privileged communication
2 between any professional person required to report and the
3 patient or client of that person shall not apply to situations
4 involving child abuse and shall not constitute grounds for
5 failure to report as required by this chapter.
6 (b) Enumeration of persons required to report.--Persons
7 required to report under subsection (a) include, but are not
8 limited to, any licensed physician, osteopath, medical examiner,
9 coroner, funeral director, dentist, optometrist, chiropractor,
10 podiatrist, intern, registered nurse, licensed practical nurse,
11 hospital personnel engaged in the admission, examination, care
12 or treatment of persons, [a] Christian Science practitioner,
13 member of the clergy, school administrator, school teacher,
14 school nurse, social services worker, day-care center worker or
15 any other child-care or foster-care worker, mental health
16 professional, peace officer or law enforcement official.
17 * * *
18 § 6313. Reporting procedure.
19 (a) General rule.--Reports from persons required to report
20 under section 6311 (relating to persons required to report
21 suspected child abuse) shall be made immediately by telephone
22 and in writing within 48 hours after the oral report.
23 (b) Oral reports.--Oral reports shall be made to the
24 department pursuant to Subchapter C (relating to powers and
25 duties of department) and may be made to the appropriate [child
26 protective service] county agency. When oral reports of
27 suspected child abuse are initially received at the [child
28 protective service] county agency, the [child protective
29 service] protective services staff shall, after seeing to the
30 immediate safety of the child and other children in the home,
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1 immediately notify the department of the receipt of the report,
2 which is to be held in the pending complaint file as provided in
3 Subchapter C. The initial child abuse report summary shall be
4 supplemented with a written report when a determination is made
5 as to whether a report of suspected child abuse is a founded
6 report, an unfounded report or an indicated report.
7 (c) Written reports.--Written reports from persons required
8 to report under section 6311 shall be made to the appropriate
9 [child protective service] county agency in a manner and on
10 forms the department prescribes by regulation. The written
11 reports shall include the following information if available:
12 (1) The names and addresses of the child and the parents
13 or other person responsible for the care of the child if
14 known.
15 (2) Where the suspected abuse occurred.
16 (3) The age and sex of the [child] subject of the
17 report.
18 (4) The nature and extent of the suspected child abuse,
19 including any evidence of prior abuse to the child or
20 siblings of the child.
21 (5) The name and relationship of the person or persons
22 responsible for causing the suspected abuse, if known.
23 (6) Family composition.
24 [(7) The relationship of the suspected perpetrator to
25 the child.
26 (8)] (7) The source of the report.
27 [(9)] (8) The person making the report and where that
28 person can be reached.
29 [(10)] (9) The actions taken by the reporting source,
30 including the taking of photographs and X-rays, removal or
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1 keeping of the child or notifying the medical examiner or
2 coroner.
3 [(11)] (10) Any other information which the department
4 may require by regulation.
5 (d) Failure to confirm oral report.--The failure of a person
6 reporting cases of suspected child abuse to confirm an oral
7 report in writing within 48 hours shall not relieve the [child
8 protective service] county agency from any duties prescribed by
9 this chapter. In such event, the [child protective service]
10 county agency shall proceed as if a written report were actually
11 made.
12 § 6314. Photographs and X-rays of child subject to report.
13 A person or official required to report cases of suspected
14 child abuse may take or cause to be taken photographs of the
15 areas of trauma visible on a child who is subject to a report
16 and, if medically indicated, cause to be performed a
17 radiological examination on the child. Medical summaries or
18 reports of the photographs or X-rays taken shall be sent to the
19 [child protective service] county agency at the time the written
20 report is sent or as soon thereafter as possible. [Child
21 protective services] The county agency shall have access to the
22 actual photographs and X-rays and may obtain them or duplicates
23 of them upon request.
24 § 6315. Taking child into protective custody.
25 (a) General rule.--A child may be taken into protective
26 custody:
27 (1) As provided by 42 Pa.C.S. § 6324 (relating to taking
28 into custody).
29 (2) By a physician examining or treating the child or by
30 the director, or a person specifically designated in writing
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1 by the director, of any hospital or other medical institution
2 where the child is being treated if protective custody is
3 immediately necessary to protect the child [from further
4 serious physical injury, sexual abuse or serious physical
5 neglect.] under this chapter.
6 (b) Duration of custody.--No child may be held in protective
7 custody for more than 24 hours unless the appropriate [child
8 protective service] county agency is immediately notified that
9 the child has been taken into custody and the [child protective
10 service] county agency obtains an order from a court of
11 competent jurisdiction permitting the child to be held in
12 custody for a longer period. Each court shall insure that a
13 judge is available 24 hours a day, 365 days a year to accept and
14 decide the actions brought by a [child protective service]
15 county agency under this subsection within the 24-hour period.
16 (c) Notice of custody.--An individual taking a child into
17 protective custody under this chapter shall immediately, and
18 within 24 hours in writing, notify the parent, guardian or other
19 custodian of the child of the whereabouts of the child, unless
20 prohibited by court order, and the reasons for the need to take
21 the child into protective custody and shall immediately notify
22 the appropriate [child protective service] county agency in
23 order that proceedings under 42 Pa.C.S. Ch. 63 (relating to
24 juvenile matters) may be initiated, if appropriate.
25 (d) Detention hearing.--[In] Notwithstanding any provision
26 of 42 Pa.C.S. Ch. 63, in no case shall protective custody under
27 this chapter be maintained longer than 72 hours without a
28 detention hearing. If, at the detention hearing, it is
29 determined that protective custody shall be continued, the
30 [child protective service] county agency shall within 48 hours
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1 file a petition with the court under 42 Pa.C.S. Ch. 63.
2 (e) Place of detention.--No child taken into protective
3 custody under this chapter may be detained during the protective
4 custody except in an appropriate medical facility, foster home
5 or other appropriate facility approved by the department for
6 this purpose.
7 (f) Conference with parent or other custodian.--A conference
8 between the parent, guardian or other custodian of the child
9 taken into temporary protective custody pursuant to this section
10 and the [case worker designated by the child protection service]
11 employee designated by the county agency to be responsible for
12 the child shall be held within 48 hours of the time that the
13 child is taken into custody for the purpose of:
14 (1) Explaining to the parent, guardian or other
15 custodian the reasons for the temporary detention of the
16 child and the whereabouts of the child, unless prohibited by
17 court order.
18 (2) Expediting, wherever possible, the return of the
19 child to the custody of the parent, guardian or other
20 custodian where custody is no longer necessary.
21 (g) Voluntary agreements.--The family and county agency may
22 enter into voluntary agreements for the provision of services,
23 including placement of the child for a period to be determined
24 by the department. Information contained in a voluntary
25 agreement shall be given such weight, if any, as the court shall
26 determine to be appropriate under all of the circumstances.
27 § 6316. Admission to private and public hospitals.
28 (a) General rule.--Children appearing to suffer any physical
29 or mental [trauma which may constitute child abuse shall be
30 admitted to and treated in appropriate] condition which may
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1 constitute child abuse or neglect shall be admitted to, treated
2 and maintained in facilities of private and public hospitals on
3 the basis of medical need and shall not be refused or deprived
4 in any way of proper medical treatment and care.
5 (b) Failure of hospital to admit child.--The failure of a
6 hospital to admit and properly treat and care for a child
7 pursuant to subsection (a) shall be cause for the department to
8 order immediate admittance, treatment and care by the hospital
9 which shall be enforceable, if necessary, by the prompt
10 institution of a civil action by the department. The child,
11 through an attorney, shall also have the additional and
12 independent right to seek immediate injunctive relief and
13 institute an appropriate civil action for damages against the
14 hospital.
15 § 6317. [Reporting] Mandatory reporting and postmortem
16 investigation of deaths.
17 A person or official required to report cases of suspected
18 child abuse, including employees of a county [children and youth
19 social service] agency [and its child protective service], who
20 has reasonable cause to suspect that a child died as a result of
21 child abuse shall report that [fact to the] suspicion to the
22 appropriate coroner. The coroner shall accept the report for
23 investigation and shall report his finding to the police, the
24 district attorney, the appropriate [child protective service]
25 county agency and, if the report is made by a hospital, the
26 hospital.
27 § 6318. Immunity from liability.
28 (a) General rule.--A person, hospital, institution, school,
29 facility [or agency participating], agency or agency employee
30 that participates in good faith in the making of a report,
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1 cooperating with an investigation [or], testifying in a
2 proceeding arising out of an instance of suspected child abuse,
3 the taking of photographs or the removal or keeping of a child
4 pursuant to section 6315 (relating to taking child into
5 protective custody), and any official or employee of a county
6 agency who refers a report of suspected abuse to law enforcement
7 authorities or provides services under this chapter, shall have
8 immunity from [any civil or] civil and criminal liability that
9 might otherwise result by reason of those actions.
10 (b) Presumption of good faith.--For the purpose of any civil
11 or criminal proceeding, the good faith of a person required to
12 report pursuant to section 6311 (relating to persons required to
13 report suspected child abuse) and of any person required to make
14 a referral to law enforcement officers under this chapter shall
15 be presumed.
16 § 6331. Establishment of pending complaint file [and],
17 Statewide central register and file of unfounded
18 reports.
19 There shall be established in the department:
20 (1) A pending complaint file of child abuse reports
21 under investigation.
22 (2) A Statewide central register of child abuse which
23 shall consist of founded and indicated reports of child
24 abuse.
25 (3) A file of unfounded reports awaiting expunction.
26 § 6332. Establishment of Statewide toll-free telephone number.
27 (a) General rule.--The department shall establish a single
28 Statewide toll-free telephone number that all persons, whether
29 mandated by law or not, may use to report cases of suspected
30 child abuse. A [child protective service may] county agency
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1 shall use the Statewide toll-free telephone number for
2 determining the existence of prior founded or indicated reports
3 of child abuse in the Statewide central register or reports
4 under investigation in the pending complaint file.
5 (b) Limitation on use.--A [child protective service] county
6 agency may only request and receive information pursuant to this
7 subsection either on its own behalf because it has received a
8 report of suspected child abuse or on behalf of a physician
9 examining or treating a child or on behalf of the director or a
10 person specifically designated in writing by the director of any
11 hospital or other medical institution where a child is being
12 treated, where the physician or the director or a person
13 specifically designated in writing by the director suspects the
14 child of being an abused child.
15 § 6333. Continuous availability of department.
16 The department shall be capable of receiving oral reports of
17 child abuse made pursuant to this chapter and report summaries
18 of child abuse from [child protective services] county agencies
19 and shall be capable of immediately identifying prior reports of
20 child abuse in the Statewide central register and reports under
21 investigation in the pending complaint file and of monitoring
22 the provision of child protective services 24 hours a day, seven
23 days a week.
24 § 6334. Disposition of complaints received.
25 (a) Notice to [child protective service] county agency.--
26 Upon receipt of a complaint of suspected child abuse, the
27 department shall immediately transmit orally to the appropriate
28 [child protective service] county agency notice that the
29 complaint of suspected child abuse has been received and the
30 substance of the complaint. If the Statewide central register or
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1 the pending complaint file contains information indicating a
2 prior report or a current investigation concerning a subject of
3 the report, the department shall immediately notify the
4 appropriate [child protective service] county agency of this
5 fact.
6 (b) Referral for services or investigation.--If the
7 complaint received does not suggest suspected child abuse but
8 does suggest a need for social services or other services or
9 investigation, the department shall transmit the information to
10 the county [children and youth social service] agency or other
11 public agency for appropriate action. The information shall not
12 be considered a child abuse report unless the agency to which
13 the information was referred has reason to [believe] suspect
14 after investigation that abuse occurred. If the agency has
15 reason to [believe] suspect that abuse occurred, the agency
16 shall notify the department, and the initial complaint shall be
17 considered to have been a child abuse report.
18 (c) Recording in pending complaint file.--Upon receipt of a
19 complaint of suspected child abuse, the department shall
20 maintain a record of the complaint of suspected child abuse in
21 the pending complaint file.
22 § 6335. Information in pending complaint [file] and unfounded
23 report files.
24 [(a) Information authorized.--No information other than that
25 permitted to be retained in the Statewide central register in
26 section 6336 (relating to information in Statewide central
27 register) shall be retained in the pending complaint file or
28 otherwise by the department.]
29 (a) Information authorized.--The information contained in
30 the pending complaint file shall be limited to the information
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1 required in section 6313(c) (relating to reporting procedure).
2 The information contained in the file for unfounded reports
3 shall be limited to the information required by section 6336
4 (relating to information in the Statewide central register).
5 (b) Access to information.--Except as provided in sections
6 6332 (relating to establishment of Statewide toll-free telephone
7 number), 6334 (relating to disposition of complaints received),
8 6340 (relating to release of information in confidential
9 reports) and 6342 (relating to studies of data in records), no
10 person, other than an employee of the department in the course
11 of official duties in connection with the responsibilities of
12 the department under this chapter, shall at any time have access
13 to any information in the pending complaint file or Statewide
14 central register. Information in the file of unfounded reports
15 shall be available only to employees of the department pursuant
16 to this subsection, to subjects of a report pursuant to section
17 6340 and to the Office of Attorney General pursuant to section
18 6345 (relating to audits by Attorney General) until the reports
19 are expunged pursuant to section 6337 (relating to disposition
20 of unfounded reports).
21 § 6336. Information in Statewide central register.
22 (a) Information authorized.--The Statewide central register
23 shall include and shall be limited to the following information:
24 (1) The names, Social Security numbers, age and sex of
25 the subjects of the reports.
26 (2) The date or dates and the nature and extent of the
27 alleged instances of suspected child abuse.
28 (3) The home addresses of the subjects of the report.
29 (4) The county in which the suspected abuse occurred.
30 (5) Family composition.
19920H2831B3772 - 19 -
1 (6) The name and relationship to the abused child of
2 [the person or persons responsible for causing the abuse.]
3 other persons named in the report.
4 (7) The primary cause of the abuse.
5 [(7)] (8) The source of the report.
6 [(8)] (9) Services planned or provided.
7 [(9)] (10) Whether the report is a founded report or an
8 indicated report.
9 (11) Information obtained by the department in relation
10 to a perpetrator's request to release, amend or expunge
11 information retained by the department or the county agency.
12 [(10)] (12) The progress of any legal proceedings
13 brought on the basis of the report of suspected child abuse.
14 (13) Whether a criminal investigation has been
15 undertaken and the result of the investigation and of any
16 criminal prosecution.
17 No information other than that permitted in this subsection
18 shall be retained in the Statewide central register[, the
19 pending complaint file or otherwise by the department].
20 (b) Type of information released.--Except as provided in
21 sections 6334 (relating to disposition of complaints received),
22 6335 (relating to information in pending complaint file), 6340
23 (relating to release of information in confidential reports) and
24 6342 (relating to studies of data in records), persons receiving
25 information from the Statewide central register or pending
26 complaint file may be informed only as to:
27 (1) Whether the report is a founded or indicated abuse
28 or is under investigation.
29 (2) The number of such reports.
30 (3) The nature and extent of the alleged or actual
19920H2831B3772 - 20 -
1 instances of suspected child abuse.
2 (4) The county in which the reports are investigated.
3 (5) Any other information available which would further
4 the purposes of this chapter.
5 (c) Limitation on release of information.--Except as
6 provided in sections 6334, 6335, 6340 and 6342, no information
7 shall be released from the Statewide central register or pending
8 complaint file unless pursuant to section 6332 (relating to
9 establishment of Statewide toll-free telephone number) and
10 unless the department has positively identified the
11 representative of the [child protective service] county agency
12 requesting the information and the department has inquired into
13 and is satisfied that the representative has a legitimate need,
14 within the scope of official duties and the provisions of
15 section 6332, to obtain the information. Information in the
16 Statewide central register or pending complaint file shall not
17 be released for any purpose or to any individual not specified
18 in section 6340.
19 § 6337. Disposition of unfounded reports.
20 (a) General rule.--When a report of suspected child abuse is
21 determined by the appropriate [child protective service] county
22 agency to be an unfounded report, the information concerning
23 that report of suspected child abuse shall be expunged from the
24 pending complaint file [within 12 months of], as soon as
25 possible, but no later than 12 months after the date the report
26 was received by the department, and no information other than
27 that authorized by subsection (b), which shall not include any
28 identifying information on any subject of the report, shall be
29 retained by the department.
30 (b) Absence of other determination.--If an investigation of
19920H2831B3772 - 21 -
1 a report of suspected child abuse conducted by the appropriate
2 [child protective service] county agency pursuant to this
3 chapter does not determine within 60 days of the date of the
4 initial report of the instance of suspected child abuse that the
5 report is a founded report, an indicated report or an unfounded
6 report, or unless within that same 60-day period court action
7 has been initiated and is responsible for the delay, the report
8 shall be considered to be an unfounded report, and all
9 information identifying the subjects of the report shall be
10 expunged within 12 months. The agency shall advise the
11 department that court action or an arrest has been initiated so
12 that the pending complaint file is kept current regarding the
13 status of all legal proceedings and [expungement] expunction
14 delayed. [Nothing in this subsection shall in any way limit the
15 powers and duties of the department as provided in section 6343
16 (relating to investigating performance of child protective
17 service).]
18 (c) [Expungement] Expunction of information.--All
19 information identifying the subjects of any report of suspected
20 child abuse determined to be an unfounded report shall be
21 expunged from the pending complaint file [within 12 months of
22 the date the report was received by the department. The
23 expungement] pursuant to this section. The expunction shall be
24 mandated and guaranteed by the department.
25 § 6338. Disposition of founded and indicated reports.
26 (a) General rule.--When a report of suspected child abuse is
27 determined by the appropriate [child protective service] county
28 agency to be a founded report or an indicated report, the
29 information concerning that report of suspected child abuse
30 shall be expunged immediately from the pending complaint file,
19920H2831B3772 - 22 -
1 and an appropriate entry shall be made in the Statewide central
2 register. Notice of the determination must be given to the
3 subjects of the report, other than the abused child, along with
4 an explanation of the implications of the determination. Notice
5 given to [subjects of the report] perpetrators of child abuse
6 shall include notice that their ability to obtain employment in
7 a child-care facility or program may be adversely affected by
8 entry of the report in the Statewide central register. The
9 notice shall also inform the [subject of the report of his
10 right, at any time, to request the secretary to amend, seal or
11 expunge information contained in the Statewide central register]
12 perpetrator of child abuse of his right, within 45 days after
13 being notified of the status of the report, to appeal an
14 indicated report, and his right to a hearing if the request is
15 denied.
16 [(b) Expungement of information when child attains 18 years
17 of age.--All information identifying the subjects of all
18 indicated reports and all information identifying the subject
19 child of all founded reports shall be expunged when the subject
20 child reaches the age of 18 years, unless another report is
21 received involving the same child, his sibling or offspring, or
22 another child in the care of the persons responsible for the
23 subject child's welfare. The identifying information may then be
24 maintained in the register for five years after the subsequent
25 case or report is closed. The expungement shall be mandated and
26 guaranteed by the department.]
27 (b) Expunction of information when child attains 23 years of
28 age.--Except as provided in subsection (c), all information
29 which identifies the subjects of founded and indicated child
30 abuse reports shall be expunged when the subject child reaches
19920H2831B3772 - 23 -
1 the age of 23. The expunction shall be mandated and guaranteed
2 by the department.
3 (c) Retention of information on perpetrators.--A subfile
4 shall be established in the Statewide central register to
5 indefinitely retain the names of perpetrators of founded or
6 indicated reports only if the perpetrator's Social Security
7 number or date of birth is known to the department. The subfile
8 shall not include identifying information regarding other
9 subjects of the report.
10 § 6339. Confidentiality of reports.
11 Except as otherwise provided in this subchapter, reports made
12 pursuant to this chapter, including, but not limited to, report
13 summaries of child abuse and written reports made pursuant to
14 section 6313(b) and (c) (relating to reporting procedure) as
15 well as any other information obtained, reports written or
16 photographs or X-rays taken concerning alleged instances of
17 child abuse in the possession of the department[, a county
18 children and youth social service agency or a child protective
19 service] or a county agency shall be confidential.
20 § 6340. Release of information in confidential reports.
21 (a) General rule.--Reports specified in section 6339
22 (relating to confidentiality of reports) shall only be made
23 available to:
24 (1) An authorized official of a [child protective
25 service in the course of official] county agency or of an
26 agency of another state that performs protective services
27 analogous to those services performed by county agencies or
28 the department in the course of the official's duties,
29 multidisciplinary team members assigned to the case and duly
30 authorized persons providing services pursuant to section
19920H2831B3772 - 24 -
1 6370(a) (relating to services for protection of child at home
2 or in custody).
3 (2) A physician examining or treating a child or the
4 director or a person specifically designated in writing by
5 the director of any hospital or other medical institution
6 where a child is being treated when the physician or the
7 director or the designee of the director suspects the child
8 of being an abused child[.] or a child alleged to be in need
9 of protection under this chapter.
10 (3) A guardian ad litem or court designated advocate for
11 the child.
12 (4) An authorized official or agent of the department in
13 accordance with department regulations or in accordance with
14 the conduct of a performance audit as authorized by section
15 6343 (relating to investigating performance of child
16 protective service).
17 (5) A court of competent jurisdiction pursuant to a
18 court order.
19 (6) A standing committee of the General Assembly, as
20 specified in section 6384 (relating to legislative
21 oversight).
22 (7) The Attorney General.
23 (8) Federal auditors if required for Federal financial
24 participation in funding of agencies except that Federal
25 auditors may not [have access to identifiable reports.]
26 remove identifiable reports or copies thereof from the
27 department or county agencies.
28 (9) Law enforcement officials of any jurisdiction, as
29 long as the information is relevant in the course of
30 investigating cases of:
19920H2831B3772 - 25 -
1 (i) Homicide, sexual abuse, sexual exploitation or
2 serious bodily injury perpetrated by persons whether or
3 not related to the victim.
4 (ii) Child abuse perpetrated by persons who are not
5 family members.
6 (iii) Repeated physical injury to a child under
7 circumstances which indicate that the child's health or
8 welfare is harmed or threatened.
9 (iv) A missing child report.
10 (10) Law enforcement officials who shall receive reports
11 of abuse [in which the initial review], on forms provided by
12 and according to regulations promulgated by the department,
13 from the county agency in which the initial report of
14 suspected child abuse or initial inquiry into the report
15 gives evidence that the abuse is:
16 (i) homicide, sexual abuse, sexual exploitation or
17 serious bodily injury perpetrated by persons, whether or
18 not related to the victim[,]; or
19 (ii) child abuse perpetrated by persons who are not
20 family members. [Reports referred to law enforcement
21 officials shall be on forms provided by and according to
22 regulations promulgated by the department.
23 (11) County commissioners, to whom the department shall
24 forward specific files upon request, for review when
25 investigating the competence of county children and youth
26 employees.]
27 (11) County commissioners or other elected officials
28 with administrative responsibilities under the act of June
29 24, 1937 (P.L.2017, No.396), known as the County Institution
30 District Law, and the act of August 9, 1955 (P.L.323,
19920H2831B3772 - 26 -
1 No.130), known as The County Code.
2 (12) A mandated reporter of suspected child abuse as
3 defined in section 6311 (relating to persons required to
4 report suspected child abuse) who made a report of abuse
5 involving the subject child, but the information permitted to
6 be released to the mandated reporter shall be limited to the
7 following:
8 (i) The final status of the child abuse report
9 following the investigation, whether it be indicated,
10 founded or unfounded.
11 (ii) Any services provided, arranged for or to be
12 provided by the [child protective service to protect the
13 child from further abuse.] county agency to protect the
14 child.
15 (b) Release of information to subject [child] of report.--At
16 any time and upon written request, a subject of a report may
17 receive a copy of all information, except that prohibited from
18 being disclosed by subsection (c), contained in the Statewide
19 central register or in any report filed pursuant to section 6313
20 (relating to reporting procedure).
21 (c) Protecting identity of person making report.--[The]
22 Except for reports pursuant to subsection (a)(9) and (10) or
23 section 6313 (relating to reporting procedure), the release of
24 data that would identify the person who made a report of
25 suspected child abuse or the person who cooperated in a
26 subsequent investigation is prohibited unless the secretary
27 finds that the release will not be detrimental to the safety of
28 that person. Law enforcement officials shall treat all reporting
29 sources as confidential informants.
30 [(d) Definition.--As used in this section, "serious bodily
19920H2831B3772 - 27 -
1 injury" means bodily injury which creates a substantial risk of
2 death or which causes serious permanent disfigurement or
3 protracted loss or impairment of the function of any bodily
4 member or organ.]
5 (d) Exclusion of administrative information.--Information
6 maintained in the Statewide central register which was obtained
7 from an investigating agency in relation to an appeal request
8 shall not be released to any person except a department
9 official, as provided by regulation.
10 § 6341. Amendment, sealing or [expungement] expunction of
11 information.
12 (a) General rule.--At any time:
13 (1) The secretary may amend, seal or expunge any record
14 of child abuse upon good cause shown and notice to the
15 appropriate subjects of the report.
16 (2) [A subject of a report may request the secretary to
17 amend, seal or expunge information contained in the Statewide
18 central register] Any person named as a perpetrator in an
19 indicated report of child abuse may, within 45 days of being
20 notified of the status of the report, request the secretary
21 to amend or expunge an indicated report on the grounds that
22 it is inaccurate or it is being maintained in a manner
23 inconsistent with this chapter.
24 (b) Review of grant of request.--If the secretary grants the
25 request under subsection (a)(2), the Statewide central register,
26 appropriate [child protective service] county agency and all
27 subjects shall be so advised [within seven days from the date]
28 of the decision. The [child protective service] county agency
29 and any subject have 45 days in which to file an administrative
30 appeal with the secretary. If an administrative appeal is
19920H2831B3772 - 28 -
1 received, the secretary or his designated agent shall schedule a
2 hearing pursuant to Article IV of the act of June 13, 1967
3 (P.L.31, No.21), known as the Public Welfare Code, and attending
4 departmental regulations. If no administrative appeal is
5 received within the designated time period, the Statewide
6 central register shall comply with the decision of the secretary
7 and advise the [child protective service] county agency to
8 amend[, seal] or expunge the information in their records so
9 that the records are consistent at both the State and local
10 levels.
11 (c) Review of refusal of request.--If the secretary refuses
12 the request under subsection (a)(2) or does not act within a
13 reasonable time, but in no event later than 30 days after
14 receipt of the request, the [subject] perpetrator shall have the
15 right to a hearing before the secretary or a designated agent of
16 the secretary to determine whether the summary of the indicated
17 report in the Statewide central register [or the contents of any
18 report filed pursuant to section 6313] should be amended[,
19 sealed] or expunged on the grounds that it is inaccurate or that
20 it is being maintained in a manner inconsistent with this
21 chapter. The perpetrator shall have 45 days from the date of the
22 letter giving notice of the decision to deny the request in
23 which to request a hearing. The appropriate [child protective
24 service] county agency shall be given notice of the hearing. The
25 burden of proof in the hearing shall be on the appropriate
26 [child protective service] county agency. The department shall
27 assist the [child protective service] county agency as
28 necessary. [In the hearings, the fact that there was a court
29 finding of child abuse shall be presumptive evidence that the
30 report was substantiated.]
19920H2831B3772 - 29 -
1 (d) Stay of proceedings.--Any appeal proceeding pursuant to
2 subsection (b) shall be automatically stayed when there is a
3 pending criminal or juvenile court proceeding, including any
4 appeal thereof, involving the same factual circumstances as the
5 administrative appeal.
6 [(d)] (e) Order.--The secretary or designated agent may make
7 any appropriate order respecting the amendment [or expungement]
8 sealing or expunction of such records to make them accurate or
9 consistent with the requirements of this chapter.
10 [(e) Notice of expungement.--Written notice of an
11 expungement of any record, made pursuant to the provisions of
12 this chapter, shall be served upon the subject of the record who
13 was responsible for the abuse and the appropriate child
14 protective service. The latter, upon receipt of the notice,
15 shall take appropriate, similar action in regard to the local
16 child abuse records and inform, for the same purpose, the
17 appropriate coroner if that officer has received reports
18 pursuant to section 6367 (relating to reports to department and
19 coroner). Whenever the investigation reveals that the report is
20 unfounded but that the subjects need services and voluntarily
21 accept services, the county children and youth social service
22 agency may retain those portions of its records which do not
23 specifically identify the source of the investigation or report
24 as suspected child abuse.]
25 (f) Notice of expunction.--Written notice of an expunction
26 of any child abuse record made pursuant to the provisions of
27 this chapter shall be served upon the subject of the record who
28 was responsible for the abuse and the appropriate county agency.
29 Except as provided in this subsection, the county agency, upon
30 receipt of the notice, shall take appropriate, similar action in
19920H2831B3772 - 30 -
1 regard to the local child abuse records and inform, for the same
2 purpose, the appropriate coroner if that officer has received
3 reports pursuant to section 6367 (relating to reports to
4 department and coroner). Whenever the county agency
5 investigation reveals, within 60 days of receipt of the report
6 of suspected child abuse, that the report is unfounded but that
7 the subjects need services provided or arranged by the county
8 agency, the county agency may retain those records and shall
9 specifically identify that the report was an unfounded report of
10 suspected child abuse.
11 [(f)] (g) Access to sealed record.--Once sealed, a record
12 shall not be otherwise available except as provided in section
13 6342 (relating to studies of data in records) or except if the
14 secretary, upon notice to the subjects of the report, gives
15 personal approval for an appropriate reason[.] or as a specified
16 part of a negotiated settlement between the department and the
17 perpetrator.
18 § 6343. Investigating performance of [child protective service]
19 county agency.
20 [(a) General rule.--If, within 30 days from the date of an
21 initial report of suspected child abuse, the appropriate child
22 protective service has not properly investigated the report and
23 informed the department that the report is an indicated report
24 or an unfounded report or unless within that same 30-day period
25 the report is determined to be a founded report, the department
26 shall immediately begin an inquiry into the performance of the
27 child protective service which inquiry may include a performance
28 audit of the child protective service as provided in subsection
29 (b). On the basis of that inquiry, the department shall take
30 appropriate action to require that the provisions of this
19920H2831B3772 - 31 -
1 chapter be strictly followed, which action may include, without
2 limitation, the institution of appropriate legal action and the
3 withholding of reimbursement for all or part of the activities
4 of the county children and youth social service agency.
5 (b) Performance audit.--]Notwithstanding any other provision
6 of this chapter, the secretary or a designee of the secretary
7 may direct, at their discretion, and after reasonable notice to
8 the county agency, a performance audit of any activity engaged
9 in pursuant to this chapter.
10 § 6344. Information relating to prospective child-care
11 personnel.
12 * * *
13 (b) Information submitted by prospective employees.--
14 Administrators of child-care services shall require applicants
15 to submit with their applications the following information
16 obtained within the preceding one-year period:
17 * * *
18 (2) A certification from the department as to whether
19 the applicant is named in the central register as the
20 perpetrator of a founded or indicated report of child abuse.
21 [An indicated report shall not be included until the
22 department adopts regulations specifying the manner in which
23 the investigation required by sections 6366 (relating to
24 continuous availability to receive reports) through 6372
25 (relating to protecting well-being of children detained
26 outside home) is to be conducted.]
27 * * *
28 (c) Grounds for denying employment.--In no case shall an
29 administrator hire an applicant where the department has
30 verified that the applicant is named in the central register as
19920H2831B3772 - 32 -
1 the perpetrator of a founded report of child abuse committed
2 within the five-year period immediately preceding verification
3 pursuant to this section. In no case shall an administrator hire
4 an applicant if the applicant's criminal history record
5 information indicates the applicant has been convicted, within
6 five years immediately preceding the date of the report, of one
7 or more of the following offenses under Title 18 (relating to
8 crimes and offenses):
9 Chapter 25 (relating to criminal homicide).
10 Section 2702 (relating to aggravated assault).
11 Section 2901 (relating to kidnapping).
12 Section 2902 (relating to unlawful restraint).
13 Section 3121 (relating to rape).
14 Section 3122 (relating to statutory rape).
15 Section 3123 (relating to involuntary deviate sexual
16 intercourse).
17 Section 3125 (relating to aggravated indecent assault).
18 Section 3126 (relating to indecent assault).
19 Section 3127 (relating to indecent exposure).
20 Section 4303 (relating to concealing death of child born
21 out of wedlock).
22 Section 4304 (relating to endangering welfare of
23 children).
24 Section 4305 (relating to dealing in infant children).
25 A felony offense under section 5902(b) (relating to
26 prostitution and related offenses).
27 Section 5903(c) or (d) (relating to obscene and other
28 sexual materials).
29 Section 6301 (relating to corruption of minors).
30 Section 6312 (relating to sexual abuse of children).
19920H2831B3772 - 33 -
1 * * *
2 § 6345. Audits by Attorney General.
3 The Attorney General shall conduct a mandated audit done
4 randomly but at least once during each year on an unannounced
5 basis to ensure that the [expungement] expunction requirements
6 of this chapter are being fully and properly conducted.
7 § 6346. Cooperation of other agencies.
8 (a) General rule.--The secretary may request and shall
9 receive from Commonwealth agencies, political subdivisions, an
10 authorized agency or any other agency providing services under
11 the local [child] protective services plan any assistance and
12 data that will enable the department and the [child protective
13 services] county agency to fulfill their responsibilities
14 properly, including law enforcement personnel when assistance is
15 needed in conducting an investigation of alleged child abuse or
16 an assessment of risk to the child. School districts shall
17 cooperate with the department and the agency by providing them
18 upon request with such information as is consistent with law.
19 (b) Willful failure to cooperate.--Any person, agency,
20 school district or facility which violates this section by
21 willfully failing to cooperate with the department or a county
22 agency when investigating a report of suspected child abuse or
23 when assessing risk to a child commits a summary offense for a
24 first violation and a misdemeanor of the third degree for
25 subsequent violations.
26 (c) Cooperation of county agency and law enforcement
27 agencies.--Consistent with the provisions of this chapter, the
28 county agency and law enforcement agencies shall cooperate and
29 coordinate, to the fullest extent possible, their efforts to
30 respond to reports of suspected child abuse.
19920H2831B3772 - 34 -
1 (d) Advice to county agency.--Whenever a report of suspected
2 child abuse is referred from a county agency to a law
3 enforcement agency pursuant to section 6340(a)(9) and (10)
4 (relating to release of information in confidential reports), as
5 soon as possible, and without jeopardizing the criminal
6 investigation or prosecution, the law enforcement agency shall
7 advise the county agency as to whether a criminal investigation
8 has been undertaken and the results of the investigation and of
9 any criminal prosecution. The county agency shall ensure that
10 such information is referred to the Statewide central register.
11 § 6347. Annual reports to Governor and General Assembly.
12 (a) General rule.--No later than [April 15] May 1 of every
13 year, the secretary shall prepare and transmit to the Governor
14 and the General Assembly a report on the operations of the
15 central register of child abuse and [the various] child
16 protective services provided by county agencies. The report
17 shall include a full statistical analysis of the reports of
18 suspected child abuse made to the department, together with a
19 report on the implementation of this chapter and its total cost
20 to the Commonwealth, the evaluation of the secretary of services
21 offered under this chapter and recommendations for repeal or for
22 additional legislation to fulfill the purposes of this chapter.
23 All such recommendations should contain an estimate of increased
24 or decreased costs resulting therefrom. The report shall also
25 include an explanation of services provided to children who were
26 the subjects of founded or indicated reports of child abuse
27 while receiving child-care services. The department shall also
28 describe its actions in respect to the perpetrators of the
29 abuse.
30 (b) Reports from county agencies.--To assist the department
19920H2831B3772 - 35 -
1 in preparing its annual report, each county agency shall submit
2 a quarterly report to the department, including, at a minimum,
3 the following information, on an aggregate basis, regarding
4 general protective services and child protective services:
5 (1) The number of referrals received and referrals
6 accepted.
7 (2) The number of children over whom the agency
8 maintains continuing supervision.
9 (3) The number of cases which have been closed by the
10 agency.
11 (4) The services provided to children and their
12 families.
13 § 6349. Penalties.
14 (a) Failure to amend, seal or expunge information.--
15 (1) A person or official authorized to keep the records
16 mentioned in section 6337 (relating to disposition of
17 unfounded reports) or 6338 (relating to disposition of
18 founded and indicated reports) who willfully fails to amend,
19 seal or expunge the information when required commits a
20 summary offense for the first violation and a misdemeanor of
21 the third degree for a second or subsequent violation.
22 (2) A person who willfully fails to obey a final order
23 of the secretary or designated agent of the secretary to
24 amend, seal or expunge the summary of the report in the
25 Statewide central register or the contents of any report
26 filed pursuant to section 6313 (relating to reporting
27 procedure) commits a summary offense.
28 (b) Unauthorized release of information.--A person who
29 willfully releases or permits the release of any [data and]
30 information contained in the pending complaint file, the
19920H2831B3772 - 36 -
1 Statewide central register or the [child welfare] county agency
2 records required by this chapter[, including records maintained
3 by any county children and youth social service agency and any
4 child protective service,] to persons or agencies not permitted
5 by this chapter to receive such information commits a
6 misdemeanor of the third degree. Law enforcement agencies shall
7 insure the confidentiality and security of information under
8 this subsection. A person, including a law enforcement agency,
9 who violates the provisions of this subsection shall, in
10 addition to other civil or criminal penalties provided by law,
11 be denied access to the information provided under this chapter.
12 * * *
13 § 6361. Organization [of] for child protective service.
14 [(a) Establishment.--Unless the department finds it is
15 unfeasible, every county children and youth social service
16 agency shall establish a Child Protective Service within the
17 agency. The department may waive the requirement that a county
18 establish a separate child protective service upon a showing by
19 the county that:
20 (1) A separate child protective service:
21 (i) would not be conducive to the best interests of
22 all children within the county who need public child
23 welfare services; and
24 (ii) would not be feasible or economical.
25 (2) The goals and objectives of this chapter will
26 continue to be met if a waiver is granted.
27 If the department grants a waiver under this subsection, the
28 county shall be bound by all other provisions of this chapter,
29 including requirements concerning the maintenance and disclosure
30 of confidential information and records.
19920H2831B3772 - 37 -
1 (b) Staff and organization.--The child protective service
2 shall have a sufficient staff of sufficient qualifications to
3 fulfill the purposes of this chapter and be organized in such a
4 way as to maximize the continuity of responsibility, care and
5 services of individual workers toward individual children and
6 families.
7 (c) Functions authorized.--The child protective service
8 shall perform those functions assigned by this chapter to it and
9 only such others that would further the purposes of this
10 chapter.]
11 (a) Establishment.--Every county agency shall make available
12 child protective services within the agency. The department may
13 waive the requirement that a county agency be the sole civil
14 agency for receipt and investigation of reports pursuant to
15 section 6362 (relating to responsibilities of county agency for
16 child protective service) upon a showing by the county that:
17 (1) It is participating in a demonstration project for,
18 or has become part of, an approved combined intake system for
19 public human service agencies as established by department
20 regulations. Nothing in this paragraph is intended to permit
21 noncounty government agencies to participate in the receipt
22 and investigation of such reports.
23 (2) The goals and objectives of this chapter will
24 continue to be met if a waiver is granted.
25 If the department grants a waiver under this subsection, the
26 county agency and its agents shall be bound by all other
27 provisions of this chapter, including requirements concerning
28 the maintenance and disclosure of confidential information and
29 records.
30 (b) Staff and organization.--The county agency shall have a
19920H2831B3772 - 38 -
1 sufficient staff of sufficient qualifications to fulfill the
2 purposes of this chapter and be organized in such a way as to
3 maximize the continuity of responsibility, care and services of
4 individual workers toward individual children and families. The
5 department, by regulation, shall set forth maximum staff-to-
6 family ratios for the various activities required of the county
7 agency under this chapter, including reports and investigations
8 of suspected child abuse, risk assessment and the provision or
9 monitoring of services to abused children and their families.
10 (c) Functions authorized.--The county agency staff shall
11 perform those functions assigned to it by this chapter and such
12 other functions as would further the purposes of this chapter.
13 § 6362. Responsibilities of county agency for child protective
14 [service] services.
15 (a) General rule.--The [child protective service] county
16 agency shall be the sole civil agency responsible for receiving
17 and investigating all reports of child abuse made pursuant to
18 this chapter, specifically including, but not limited to,
19 reports of child abuse in facilities operated by the department
20 and other public agencies, for the purpose of providing
21 protective services to prevent further abuses to children and to
22 provide or arrange for and monitor the provision of those
23 services necessary to safeguard and ensure the well-being and
24 development of the child and to preserve and stabilize family
25 life wherever appropriate.
26 (b) Assumption of responsibility by department.--When the
27 suspected abuse has been committed by the county [children and
28 youth social service] agency or any of its agents or employees,
29 the department shall assume the role of the agency with regard
30 to the investigation and directly refer the child for services.
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1 (c) Action by agencies for abuse by agents or employees.--
2 Where suspected child abuse has occurred and an employee or
3 agent of the department or the county [children and youth social
4 service] agency or a private or public institution is a subject
5 of the report, the department, agency or institution shall be
6 informed of the investigation so that it may take appropriate
7 action.
8 (d) Reliance on factual investigation.--An agency charged by
9 this section or section 6361 (relating to organization for child
10 protective service) with investigating a report of child abuse
11 may rely on a factual investigation of substantially the same
12 allegations by a law enforcement agency to support the agency's
13 finding. This reliance shall not, however, limit the duties
14 imposed by section 6368(a) (relating to investigation of
15 reports).
16 (e) Risk assessment.--Each county agency shall implement a
17 State-approved risk assessment process in performance of its
18 duties under this subchapter.
19 § 6363. Local plan for child protective services.
20 [(a) General rule.-- No later than once each year as
21 required by the department, each county agency child protective
22 service shall prepare and submit a local plan for the provision
23 of child protective services. The local plan may be a component
24 of a county human service plan or a children and youth plan
25 which may be required by the act of June 13, 1967 (P.L.31,
26 No.21), known as the Public Welfare Code.
27 (b) Certification by department.--The department shall
28 certify whether or not the local plan fulfills the purposes of
29 and meets the requirements set forth in this chapter. If the
30 department certifies that the local plan does not do so, the
19920H2831B3772 - 40 -
1 department shall state the reasons therefor and may withhold
2 reimbursement for all or part of the activities of the agency.
3 If the department finds that a proposed local plan does not meet
4 the requirements set forth in this chapter, the child protective
5 service shall revise the local plan in accordance with the
6 reasons of the department for disapproval.] The county agency
7 shall provide a local plan for protective services as required
8 by the act of June 13, 1967 (P.L.31, No.21), known as the Public
9 Welfare Code.
10 § 6364. Purchasing services of other agencies.
11 Any other provision of law notwithstanding but consistent
12 with sections 6361 (relating to organization of child protective
13 service) and 6362 (relating to responsibilities of child
14 protective service), the county [children and youth social
15 service] agency, based upon the local plan of services as
16 provided in section 6363 (relating to local plan for child
17 protective services), may purchase and utilize the services of
18 any appropriate public or private agency.
19 § 6365. Services for prevention and treatment of child abuse.
20 Each [child protective service] county agency shall make
21 available among its services for the prevention and treatment of
22 child abuse multidisciplinary teams, instruction and education
23 for parenthood and parenting skills, protective and preventive
24 social counseling, emergency caretaker services, emergency
25 shelter care, emergency medical services and the establishment
26 of self-help groups organized [by former abusing parents to
27 encourage self-reporting and self-treatment of present abusers.]
28 for the prevention and treatment of child abuse, part-day
29 services, out-of-home placement services, therapeutic activities
30 for child and family directed at alleviating conditions that
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1 present a risk to the safety and well-being of a child and any
2 other services required by department regulations.
3 § 6366. Continuous availability to receive reports.
4 Each [child protective service] county agency shall receive
5 24 hours a day, seven days a week, all reports, both oral and
6 written, of suspected child abuse in accordance with this
7 chapter, the local plan for the provision of child protective
8 services and the regulations of the department.
9 § 6367. Reports to department and coroner.
10 (a) Reports to department.--Upon the receipt of each report
11 of suspected child abuse made pursuant to this chapter, the
12 [child protective service] county agency shall immediately
13 transmit a child abuse report summary as provided in section
14 6313 (relating to reporting procedure) to the department.
15 Supplemental reports shall be made at regular intervals
16 thereafter in a manner and form the department prescribes by
17 regulation to the end that the department is kept fully informed
18 and up-to-date concerning the status of reports of child abuse.
19 (b) Reports to coroner.--The [child protective service]
20 county agency shall give telephone notice and forward
21 immediately a copy of reports made pursuant to this chapter
22 which involve the death of a child to the appropriate coroner
23 pursuant to section 6317 (relating to reporting and postmortem
24 investigation of deaths).
25 § 6368. Investigation of reports.
26 (a) General rule.--Upon receipt of each report of suspected
27 child abuse, the [child protective service shall commence within
28 24 hours] county agency shall commence, within the time frames
29 established in department regulations, an appropriate
30 investigation, which shall include a determination of the risk
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1 of harm to the child or children if they continue to remain in
2 the existing home environment, as well as a determination of the
3 nature, extent and cause of any condition enumerated in the
4 report [and, after seeing to] any action necessary to provide
5 for the safety of the child or children[, immediately notify the
6 subjects]. The investigation shall include communication with
7 the department's service under section 6332 (relating to
8 establishment of Statewide toll-free telephone number). Prior to
9 interviewing a subject of the report [in writing] the county
10 agency shall orally notify the subject who is about to be
11 interviewed of the existence of the report and [their] the
12 subject's rights pursuant to this chapter in regard to amendment
13 or expungement. Within 72 hours following oral notification to
14 the subject, the county agency shall give written notice to the
15 subject. The notice may be reasonably delayed if notification is
16 likely to threaten the safety of the victim, a nonperpetrator
17 subject, or the investigating county agency worker; to cause the
18 perpetrator to abscond; or to significantly interfere with the
19 conduct of a criminal investigation. However, the written notice
20 must be provided to all subjects prior to the county agency's
21 reaching a finding on the validity of the report.
22 (b) Conditions outside home environment.--The investigation
23 shall determine whether the child is being harmed by factors
24 beyond the control of the parent or other person responsible for
25 the welfare of the child, and, if so determined, the [child
26 protective service] county agency shall promptly take all
27 available steps to remedy and correct these conditions,
28 including, but not limited to, the coordination of social
29 services for the child and the family[.], or referral of the
30 family to appropriate agencies for the provision of services.
19920H2831B3772 - 43 -
1 (c) Limitation of actions.--The investigation shall be
2 completed within [30 days. The child protective service shall
3 determine, within 30 days, whether the report is "founded,"
4 "indicated" or "unfounded."] 60 days to determine whether the
5 report is "founded," "indicated" or "unfounded" and whether to
6 accept the family for service.
7 (d) Referral for investigation.--If the complaint of
8 suspected abuse is determined to be one which cannot be
9 investigated under this chapter because the person accused of
10 the abuse is not a perpetrator within the meaning of section
11 6303 (relating to definitions), but does suggest the need for
12 investigation, the county agency shall transmit the information
13 to the appropriate authorities.
14 § 6369. Taking child into protective custody.
15 Pursuant to the provisions of section 6315 (relating to
16 taking child into protective custody) and after receipt of a
17 court order, the [child protective service] county agency shall
18 take a child into protective custody for protection from
19 [further] abuse. No [child protective service] county agency
20 worker may enter the home of any individual for this purpose
21 without judicial authorization.
22 § 6370. Services for protection of child at home or in custody.
23 (a) General rule.--Based on the investigation and evaluation
24 conducted pursuant to this chapter, the [child protective
25 service] county agency shall provide or contract with private or
26 public agencies for the protection of the child at home whenever
27 possible and those services necessary for adequate care of the
28 child when placed in protective custody. Prior to offering these
29 services to a family, the agency shall explain that it has no
30 legal authority to compel the family to receive the services but
19920H2831B3772 - 44 -
1 may inform the family of the obligations and authority of the
2 [child protective service] county agency to initiate appropriate
3 court proceedings.
4 (b) Initiation of court proceedings.--In those cases in
5 which an appropriate offer of service is refused and the [child
6 protective service] county agency determines, or if the service
7 for any other appropriate reason determines, that the best
8 interests of the child require court action, the [child
9 protective service] county agency shall initiate the appropriate
10 court proceeding. The [child protective service] county agency
11 shall assist the court during all stages of the court proceeding
12 in accordance with the purposes of this chapter.
13 § 6371. Rehabilitative services for child and family.
14 The [child protective service] county agency shall provide or
15 arrange for and monitor rehabilitative services for children and
16 their families on a voluntary basis or under a final or
17 intermediate order of the court.
18 § 6372. Protecting well-being of children maintained outside
19 home.
20 The [child protective service] county agency shall be as
21 equally vigilant of the status, well-being and conditions under
22 which a child is living and being maintained in a facility other
23 than that of a parent, custodian or guardian from which the
24 child has been removed as the service is of the conditions in
25 the dwelling of the parent, custodian or guardian. Where the
26 [child protective service] county agency finds that the
27 placement for any temporary or permanent custody, care or
28 treatment is for any reason inappropriate or harmful in any way
29 to the physical or mental well-being of the child, it shall take
30 immediate steps to remedy these conditions including petitioning
19920H2831B3772 - 45 -
1 the court.
2 Section 4. Title 23 is amended by adding sections to read:
3 § 6373. General protective services responsibilities of county
4 agency.
5 Each county agency is responsible for administering a program
6 of general protective services to children and youth that is
7 consistent with the agency's objectives to:
8 (1) Keep children in their own homes, whenever possible.
9 (2) Prevent abuse, neglect and exploitation.
10 (3) Overcome problems that result in dependency.
11 (4) Provide temporary, substitute placement in a foster
12 family home or residential child-care facility for a child in
13 need of such care.
14 (5) Reunite children and their families whenever
15 possible when children are in temporary, substitute
16 placement.
17 (6) Provide a permanent, legally assured family for a
18 child in temporary, substitute care who cannot be returned to
19 his own home.
20 (7) Provide services and care ordered by the court for
21 children who have been adjudicated dependent.
22 § 6374. Principles and goals of general protective services.
23 (a) Primary purpose.--The primary purpose of general
24 protective services is to protect the rights and welfare of
25 children, to ensure that the basic needs of children are being
26 met and to ensure that children have an opportunity for healthy
27 growth and development. Basic needs shall include adequate food,
28 shelter, clothing, medical and dental care, personal care,
29 protection from physical injury and supervision.
30 (b) Assistance to parents.--Implicit in the county agency's
19920H2831B3772 - 46 -
1 protection of children is assistance to parents in recognizing
2 and remedying conditions harmful to their children and in
3 fulfilling their parental duties more adequately.
4 § 6375. County agency requirements for general protective
5 services.
6 (a) Duties of county agency.--The county agency shall make
7 available general protective services within each agency. The
8 county agency shall perform those functions assigned by this
9 chapter and such others that would further the purposes of this
10 chapter. It shall have sufficient staff of sufficient
11 qualifications to fulfill the purposes of this chapter and be
12 organized in such a way as to maximize the continuity of
13 responsibility, care and service of individual workers toward
14 individual children and families. The department, by regulation,
15 shall set forth maximum staff-to-family ratios for the receipt
16 and assessment of reports of child neglect and for the provision
17 of services to neglected children and their families.
18 (b) Organization of county agency.--Each county agency shall
19 be organized and staffed to ensure that the agency can provide
20 intake for general protective services. Intake occurs when a
21 report or referral is made to the agency or when a parent or
22 person responsible for the child's welfare requests the
23 assistance of the agency.
24 (c) Assessment of risk.--
25 (1) Within 60 days of receipt of a report, an assessment
26 of risk to the child shall be completed and a decision on
27 whether to accept the family for service shall be made.
28 (2) Each county agency shall implement a State-approved
29 risk assessment process in performance of its duties under
30 this subchapter.
19920H2831B3772 - 47 -
1 (d) Receiving and assessing reports.--The county agency
2 shall be the sole civil agency responsible for receiving and
3 assessing all reports of child neglect made pursuant to this
4 chapter for the purpose of providing protective services to
5 prevent abuse or neglect to children and to provide or arrange
6 for and monitor the provision of those services necessary to
7 safeguard and ensure the child's well-being and development and
8 to preserve and stabilize family life wherever appropriate. The
9 department may waive the receipt and assessment requirement
10 pursuant to section 6361 (relating to organization for child
11 protective service).
12 (e) Family service plan.--The county agency shall prepare a
13 written family service plan in accordance with regulations
14 adopted by the department.
15 (f) Types of services.--Each county agency shall make
16 available for the prevention and treatment of child neglect:
17 multidisciplinary teams, instruction and education for
18 parenthood and parenting skills, protective and preventive
19 social counseling, emergency caretaker services, emergency
20 shelter care, emergency medical services, part-day services,
21 out-of-home placement services, therapeutic activities for the
22 child and family directed at alleviating conditions that present
23 a risk to the safety and well-being of a child and any other
24 services required by department regulations.
25 (g) Monitoring, evaluating and assessing.--The county agency
26 shall frequently monitor the provision of services, evaluate the
27 effectiveness of the services, conduct in-home visits and make a
28 periodic assessment of the risk of harm to the child.
29 (h) Emergency coverage.--As part of its general protective
30 services program, a county agency shall provide 24-hour-a-day
19920H2831B3772 - 48 -
1 emergency coverage and be accessible to the public.
2 (i) Protective custody.--Pursuant to section 6315 (relating
3 to taking child into protective custody) and after receipt of a
4 court order, the county agency shall take a child into
5 protective custody to protect the child from abuse or further
6 neglect. No protective services worker shall enter the home of
7 any individual for this purpose without judicial authorization.
8 (j) Court action.--If the county agency determines that
9 protective services are in the best interest of a child and if
10 an offer of those services is refused or if any other reason
11 exists to warrant court action, the county agency shall initiate
12 the appropriate court proceedings.
13 (k) Adjudication of delinquency.--The county agency shall
14 maintain its responsibility for petitioning the court when
15 necessary for the adjudication of dependency of a child pursuant
16 to 42 Pa.C.S. Ch. 63 (relating to juvenile matters).
17 (l) Assistance to court.--The county agency shall assist the
18 court during all stages of a court proceeding in accordance with
19 the purposes of this act.
20 § 6376. Appeals with respect to general protective services.
21 (a) Right to appeal.--A parent or person responsible for the
22 welfare of a child may appeal the county agency's decision to
23 accept or reject the family for services. Written notice of this
24 right, along with an explanation of the agency's decision, shall
25 be given to the family within seven days of the decision to
26 accept or reject for service.
27 (b) Receipt and grounds of appeal.--Appeals must be received
28 by the county agency within 45 days of the date when the notice
29 was mailed to the parent or person responsible for the child's
30 welfare. Requests must be made on the grounds that the child is
19920H2831B3772 - 49 -
1 or is not at risk of abuse or neglect.
2 (c) Review and decision and request for hearing.--The county
3 agency shall review the request and render a decision within 45
4 days of receipt of the appeal. If the agency denies the request,
5 the parent or person responsible for the child may request a
6 hearing before the department. The request must be made within
7 45 days of the date of the county agency's decision.
8 (d) Hearing.--If a hearing is requested, the secretary or
9 his designated agent shall schedule a hearing pursuant to
10 Article IV of the act of June 13, 1967 (P.L.31, No.21), known as
11 the Public Welfare Code, and applicable department regulations.
12 The burden of proof in the hearing shall be on the county
13 agency. The department shall assist the county agency as
14 necessary.
15 (e) Order.--The department is authorized and empowered to
16 make any appropriate order regarding records to make them
17 accurate or consistent with the requirements of this chapter.
18 (f) Other appeals.--Action by a parent or person responsible
19 for a child under this section does not preclude his right to
20 exercise other appeals available through department regulations
21 or the courts.
22 § 6377. Staff training.
23 Pursuant to section 6383 (relating to education and
24 training), the department and county agency shall arrange for
25 training for general protective services staff. Training shall
26 be designed to improve the skills and knowledge needed by staff
27 in the performance of their duties.
28 § 6378. Caseloads.
29 The department by regulation shall set forth maximum staff-
30 to-family ratios for general protective services.
19920H2831B3772 - 50 -
1 § 6379. Purchase of services.
2 Except for the receipt and assessment of reports alleging a
3 need for protective services, the county agency may purchase and
4 utilize the services of any appropriate public or private
5 agency.
6 Section 5. Sections 6381(a) and (d), 6382 and 6383 of Title
7 23 are amended to read:
8 § 6381. Evidence in court proceedings.
9 (a) General rule.--In addition to the rules of evidence
10 provided under 42 Pa.C.S. Ch. 63 (relating to juvenile matters),
11 the rules of evidence in this section shall govern in child
12 abuse proceedings in court[.] or in any department
13 administrative hearing pursuant to section 6339 (relating to
14 confidentiality of reports).
15 * * *
16 (d) Prima facie evidence of abuse.--Evidence that a child
17 has suffered [serious physical injury, sexual abuse or serious
18 physical neglect] child abuse of such a nature as would
19 ordinarily not be sustained or exist except by reason of the
20 acts or omissions of the parent or other person responsible for
21 the welfare of the child shall be prima facie evidence of child
22 abuse by the parent or other person responsible for the welfare
23 of the child.
24 § 6382. Guardian ad litem for child in court proceedings.
25 (a) Appointment.--When a proceeding has been initiated
26 alleging child abuse, the court shall appoint a guardian ad
27 litem for the child. The guardian ad litem shall be an attorney
28 at law.
29 (b) Powers and duties.--The guardian ad litem shall be given
30 access to all reports relevant to the case and to any reports of
19920H2831B3772 - 51 -
1 examination of the parents or other custodian of the child
2 pursuant to this chapter. The guardian ad litem shall be charged
3 with the representation of the best interests of the child at
4 every stage of the proceeding and shall make such further
5 investigation necessary to ascertain the facts, interview
6 witnesses, examine and cross-examine witnesses, make
7 recommendations to the court and participate further in the
8 proceedings to the degree appropriate for adequately
9 representing the child.
10 (c) Duty of court.--The court shall, upon consideration of
11 the petition of any attorney for the child, order a local [child
12 protective service] county agency or other agency to establish
13 and implement, fully and promptly, appropriate services,
14 treatment and plans for a child found in need of them. The court
15 shall also, upon consideration of the petition of an attorney
16 for the child, terminate or alter the conditions of any
17 temporary or permanent placement of a child.
18 § 6383. Education and training.
19 The department and each [child protective service] county
20 agency, both jointly and individually, shall conduct a
21 continuing publicity and education program for the citizens of
22 this Commonwealth aimed at the prevention of child abuse and
23 child neglect, the identification of abused and neglected
24 children and the provision of necessary ameliorative services to
25 abused and neglected children and their families. [In addition,
26 the department and each child protective service] The department
27 and each county agency shall conduct an ongoing training and
28 education program for local staff, persons required to make
29 reports and other appropriate persons in order to familiarize
30 those persons with the reporting and investigative procedures
19920H2831B3772 - 52 -
1 for cases of suspected child abuse and the rehabilitative
2 services that are available to children and families. In
3 addition, the department shall, by regulation, establish a
4 program of training and certification for persons classified as
5 protective service workers. The regulations shall provide for
6 the grandfathering of all current permanent protective service
7 workers as certified protective service workers. Upon request by
8 the county agency and approval of the department, the agency may
9 conduct the training of the county's protective service workers.
10 Section 6. Title 23 is amended by adding a section to read:
11 § 6385. Jurisdiction.
12 A county agency may file a petition under this chapter for a
13 determination of child abuse to a court with jurisdiction over
14 dependency under 42 Pa.C.S. § 6321 (relating to commencement of
15 proceedings).
16 Section 7. This act shall take effect as follows:
17 (1) The addition of 23 Pa.C.S. §§ 6362(e) and 6375(c)(2)
18 shall take effect upon the effective date of regulations
19 promulgated by the Department of Public Welfare to implement
20 the provisions or in five years, whichever is earlier.
21 (2) The remainder of this act shall take effect July 1,
22 1993, or immediately, whichever is later.
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