PRIOR PRINTER'S NO. 2190 PRINTER'S NO. 2282
No. 1548 Session of 1998
INTRODUCED BY JUBELIRER, WHITE, GREENLEAF, PICCOLA, TILGHMAN,
O'PAKE, KUKOVICH, COSTA, GERLACH, THOMPSON, RHOADES,
SALVATORE, PUNT, MOWERY, LEMMOND, TOMLINSON, WAGNER, MELLOW,
MURPHY, CONTI AND HART, OCTOBER 2, 1998
SENATOR TILGHMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED,
NOVEMBER 16, 1998
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for findings and
3 purpose of chapter, for information in pending complaint and
4 unfounded report files, for disposition of unfounded reports,
5 for release of information in confidential reports, for
6 amendment or expunction of information, for grounds for
7 denying employment, for cooperation of other agencies and for
8 services for prevention and treatment of child abuse.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Sections 6302(b), 6335(b) and 6337 of Title 23 of
12 the Pennsylvania Consolidated Statutes are amended to read:
13 § 6302. Findings and purpose of chapter.
14 * * *
15 (b) Purpose.--It is the purpose of this chapter to encourage
16 more complete reporting of suspected child abuse; to the extent
17 permitted by this chapter, to involve law enforcement agencies
18 in responding to child abuse; and to establish in each county
19 protective services for the purpose of investigating the reports
1 swiftly and competently, providing protection for children from
2 further abuse and providing rehabilitative services for children
3 and parents involved so as to ensure the child's well-being and
4 to preserve, stabilize and protect the integrity of family life
5 wherever appropriate or to provide another alternative permanent
6 family when the unity of the family cannot be maintained. It is
7 also the purpose of this chapter to ensure that each county
8 children and youth agency establish a program of protective
9 services with procedures to assess risk of harm to a child and
10 with the capabilities to respond adequately to meet the needs of
11 the family and child who may be at risk and to prioritize the
12 response and services to children most at risk.
13 * * *
14 § 6335. Information in pending complaint and unfounded report
15 files.
16 * * *
17 (b) Access to information.--Except as provided in sections
18 6332 (relating to establishment of Statewide toll-free telephone
19 number), 6334 (relating to disposition of complaints received),
20 6340 (relating to release of information in confidential
21 reports) and 6342 (relating to studies of data in records), no
22 person, other than an employee of the department in the course
23 of official duties in connection with the responsibilities of
24 the department under this chapter, shall at any time have access
25 to any information in the pending complaint file or Statewide
26 central register. Information in the file of unfounded reports
27 shall be available only to employees of the department pursuant
28 to this subsection, to subjects of a report or law enforcement
29 officials pursuant to section 6340 and to the Office of Attorney
30 General pursuant to section 6345 (relating to audits by Attorney
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1 General) until the reports are expunged pursuant to section 6337
2 (relating to disposition of unfounded reports).
3 § 6337. Disposition of unfounded reports.
4 (a) General rule.--When a report of suspected child abuse is
5 determined by the appropriate county agency to be an unfounded
6 report, the information concerning that report of suspected
7 child abuse shall be maintained for a period of one year.
8 Following the expiration of one year after the date the report
9 was received by the department, the report shall be expunged
10 from the pending complaint file, as soon as possible, but no
11 later than 120 days after the one-year period following the date
12 the report was received by the department, and no information
13 other than that authorized by subsection (b), which shall not
14 include any identifying information on any subject of the
15 report, shall be retained by the department.
16 (b) Absence of other determination.--If an investigation of
17 a report of suspected child abuse conducted by the appropriate
18 county agency pursuant to this chapter does not determine within
19 60 days of the date of the initial report of the instance of
20 suspected child abuse that the report is a founded report, an
21 indicated report or an unfounded report, or unless within that
22 same 60-day period court action has been initiated and is
23 responsible for the delay, the report shall be considered to be
24 an unfounded report, and all information identifying the
25 subjects of the report shall be expunged no later than 120 days
26 following the expiration of one year after the date the report
27 was received by the department. The agency shall advise the
28 department that court action or an arrest has been initiated so
29 that the pending complaint file is kept current regarding the
30 status of all legal proceedings and expunction delayed.
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1 (c) Expunction of information.--All information identifying
2 the subjects of any report of suspected child abuse and of any
3 report under Subchapter C.1 (relating to students in public and
4 private schools) determined to be an unfounded report shall be
5 expunged from the pending complaint file pursuant to this
6 section. The expunction shall be mandated and guaranteed by the
7 department.
8 Section 2. Section 6340(a)(9) and (10) of Title 23 are
9 amended AND the subsection is amended by adding a paragraph and <--
10 the section is amended by adding a subsection to read:
11 § 6340. Release of information in confidential reports.
12 (a) General rule.--Reports specified in section 6339
13 (relating to confidentiality of reports) shall only be made
14 available to:
15 * * *
16 (9) Law enforcement officials of any jurisdiction, as
17 long as the information is relevant in the course of
18 investigating cases of:
19 (i) Homicide or other criminal offense set forth in
20 section 6344(c) (relating to information relating to
21 prospective child-care personnel), sexual abuse, sexual
22 exploitation [or], serious bodily injury or serious
23 physical injury perpetrated by persons whether or not
24 related to the victim.
25 (ii) Child abuse perpetrated by persons who are not
26 family members.
27 (iii) Repeated physical injury to a child under
28 circumstances which indicate that the child's health,
29 safety or welfare is harmed or threatened.
30 (iv) A missing child report.
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1 (10) [Law enforcement officials] The district attorney
2 or his designee or other law enforcement official, if agreed <--
3 to by the district attorney and the law enforcement official,
4 AS SET FORTH IN THE COUNTY PROTOCOLS FOR INVESTIGATIVE TEAMS <--
5 REQUIRED IN SECTION 6365(C) (RELATING TO SERVICES FOR
6 PREVENTION, INVESTIGATION AND TREATMENT OF CHILD ABUSE), who
7 shall receive, immediately after the county agency has
8 ensured the safety of the child, reports of abuse, either
9 orally or in writing, according to regulations promulgated by
10 the department, from the county agency in which the initial
11 report of suspected child abuse or initial inquiry into the
12 report gives evidence that the abuse is:
13 (i) homicide[,] or another criminal offense set <--
14 forth in section 6344(c), sexual abuse, sexual
15 (I) [HOMICIDE,] A CRIMINAL OFFENSE SET FORTH IN <--
16 SECTION 6344(C), NOT INCLUDING AN OFFENSE UNDER 18
17 PA.C.S. § 4304 (RELATING TO ENDANGERING WELFARE OF
18 CHILDREN) OR AN EQUIVALENT CRIME UNDER FEDERAL LAW OR THE
19 LAW OF ANOTHER STATE, SEXUAL ABUSE, SEXUAL exploitation
20 [or], serious bodily injury or serious physical injury
21 perpetrated by persons, whether or not related to the
22 victim; [or] <--
23 (ii) child abuse perpetrated by persons who are not
24 family members[.]; OR <--
25 (III) SERIOUS PHYSICAL INJURY INVOLVING EXTENSIVE
26 AND SEVERE BRUISING, BURNS, BROKEN BONES, LACERATIONS,
27 INTERNAL BLEEDING, SHAKEN BABY SYNDROME OR CHOKING, OR AN
28 INJURY THAT SIGNIFICANTLY IMPAIRS A CHILD'S PHYSICAL
29 FUNCTIONING, EITHER TEMPORARILY OR PERMANENTLY.
30 * * *
19980S1548B2282 - 5 -
1 (15) Appropriate officials of another county or state
2 regarding an investigation related to child abuse or
3 protective services when a family has moved to that county or
4 state. Reports under this paragraph shall include general
5 protective service reports and related information. Reports
6 and information under this paragraph shall be provided within
7 seven calendar days. THE DEPARTMENT SHALL PROMULGATE <--
8 REGULATIONS AS NECESSARY TO CARRY OUT THE PURPOSES OF THIS
9 PARAGRAPH.
10 * * *
11 (e) Regulations.--The department shall promulgate <--
12 regulations as necessary to carry out the purposes of this
13 section.
14 Section 3. Sections 6341(b) and (c), (C) AND (F), 6344(b) <--
15 and (c), 6346(c) and 6365 of Title 23 are amended to read:
16 § 6341. Amendment or expunction of information.
17 * * *
18 (b) Review of grant of request.--If the secretary grants the
19 request under subsection (a)(2), the Statewide central register,
20 appropriate county agency, appropriate law enforcement officials
21 and all subjects shall be so advised of the decision. The county
22 agency and any subject have 45 days in which to file an
23 administrative appeal with the secretary. If an administrative
24 appeal is received, the secretary or his designated agent shall
25 schedule a hearing pursuant to Article IV of the act of June 13,
26 1967 (P.L.31, No.21), known as the Public Welfare Code, and
27 attending departmental regulations. If no administrative appeal
28 is received within the designated time period, the Statewide
29 central register shall comply with the decision of the secretary
30 and advise the county agency to amend or expunge the information
19980S1548B2282 - 6 -
1 in their records so that the records are consistent at both the
2 State and local levels.
3 (c) Review of refusal of request.--If the secretary refuses
4 the request under subsection (a)(2) or does not act within a
5 reasonable time, but in no event later than 30 days after
6 receipt of the request, the perpetrator or school employee shall
7 have the right to a hearing before the secretary or a designated
8 agent of the secretary to determine whether the summary of the
9 indicated report in the Statewide central register should be
10 amended or expunged on the grounds that it is inaccurate or that
11 it is being maintained in a manner inconsistent with this
12 chapter. The perpetrator or school employee shall have 45 days
13 from the date of the letter giving notice of the decision to
14 deny the request in which to request a hearing. The appropriate
15 county agency and appropriate law enforcement officials shall be
16 given notice of the hearing. The burden of proof in the hearing
17 shall be on the appropriate county agency. The department shall
18 assist the county agency as necessary.
19 * * *
20 (F) NOTICE OF EXPUNCTION.--WRITTEN NOTICE OF AN EXPUNCTION <--
21 OF ANY CHILD ABUSE RECORD MADE PURSUANT TO THE PROVISIONS OF
22 THIS CHAPTER SHALL BE SERVED UPON THE SUBJECT OF THE RECORD WHO
23 WAS RESPONSIBLE FOR THE ABUSE OR INJURY AND THE APPROPRIATE
24 COUNTY AGENCY. EXCEPT AS PROVIDED IN THIS SUBSECTION, THE COUNTY
25 AGENCY, UPON RECEIPT OF THE NOTICE, SHALL TAKE APPROPRIATE,
26 SIMILAR ACTION IN REGARD TO THE LOCAL CHILD ABUSE AND SCHOOL
27 EMPLOYEE RECORDS AND INFORM, FOR THE SAME PURPOSE, THE
28 APPROPRIATE CORONER IF THAT OFFICER HAS RECEIVED REPORTS
29 PURSUANT TO SECTION 6367 (RELATING TO REPORTS TO DEPARTMENT AND
30 CORONER). WHENEVER THE COUNTY AGENCY INVESTIGATION REVEALS,
19980S1548B2282 - 7 -
1 WITHIN 60 DAYS OF RECEIPT OF THE REPORT OF SUSPECTED CHILD
2 ABUSE, THAT THE REPORT IS UNFOUNDED BUT THAT THE SUBJECTS NEED
3 SERVICES PROVIDED OR ARRANGED BY THE COUNTY AGENCY, THE COUNTY
4 AGENCY [MAY] SHALL RETAIN THOSE RECORDS AND SHALL SPECIFICALLY
5 IDENTIFY THAT THE REPORT WAS AN UNFOUNDED REPORT OF SUSPECTED
6 CHILD ABUSE. AN UNFOUNDED REPORT REGARDING SUBJECTS WHO RECEIVE
7 SERVICES SHALL BE EXPUNGED NO LATER THAN 120 DAYS FOLLOWING THE
8 EXPIRATION OF ONE YEAR AFTER THE TERMINATION OR COMPLETION OF
9 SERVICES PROVIDED OR ARRANGED BY THE COUNTY AGENCY.
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 (1) Pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal
18 history record information), a report of criminal history
19 record information from the Pennsylvania State Police or a
20 statement from the Pennsylvania State Police that the State
21 Police central repository contains no such information
22 relating to that person. The criminal history record
23 information shall be limited to that which is disseminated
24 pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to general
25 regulations).
26 (2) A certification from the department as to whether
27 the applicant is named in the central register as the
28 perpetrator of a founded report of child abuse, indicated
29 report of child abuse, founded report for school employee or
30 indicated report for school employee.
19980S1548B2282 - 8 -
1 (3) Where the applicant is not a resident of this
2 Commonwealth, administrators shall require the applicant to
3 submit with the application for employment a full set of <--
4 fingerprints. REPORT OF FEDERAL CRIMINAL HISTORY RECORD <--
5 INFORMATION. THE APPLICANT SHALL SUBMIT A FULL SET OF
6 FINGERPRINTS TO THE DEPARTMENT. The department shall submit
7 the fingerprints to the Federal Bureau of Investigation in
8 order to obtain a report of Federal criminal history record
9 information [pursuant to the Federal Bureau of Investigation
10 appropriation of the Department of Justice Appropriation Act
11 of 1973 (Public Law 92-544, 86 Stat. 1116), and the
12 department shall be the intermediary for the purposes of this
13 section] AND SERVE AS INTERMEDIARY FOR THE PURPOSES OF THIS <--
14 SECTION.
15 For the purposes of this subsection, an applicant may submit a
16 copy of the required information with an application for
17 employment. Administrators shall maintain a copy of the required
18 information and shall require applicants to produce the original
19 document prior to employment.
20 (c) Grounds for denying employment.--
21 (1) In no case shall an administrator hire an applicant
22 where the department has verified that the applicant is named
23 in the central register as the perpetrator of a founded
24 report of child abuse committed within the five-year period
25 immediately preceding verification pursuant to this section.
26 (2) In no case shall an administrator hire an applicant
27 if the applicant's criminal history record information
28 indicates the applicant has been convicted of one or more of
29 the following offenses under Title 18 (relating to crimes and
30 offenses) or an equivalent crime under Federal law or the law
19980S1548B2282 - 9 -
1 of another state:
2 Chapter 25 (relating to criminal homicide).
3 Section 2702 (relating to aggravated assault).
4 Section 2709 (relating to harassment and stalking).
5 Section 2901 (relating to kidnapping).
6 Section 2902 (relating to unlawful restraint).
7 Section 3121 (relating to rape).
8 Section 3122.1 (relating to statutory sexual assault).
9 Section 3123 (relating to involuntary deviate sexual
10 intercourse).
11 Section 3124.1 (relating to sexual assault).
12 Section 3125 (relating to aggravated indecent assault).
13 Section 3126 (relating to indecent assault).
14 Section 3127 (relating to indecent exposure).
15 Section 4302 (relating to incest).
16 Section 4303 (relating to concealing death of child).
17 Section 4304 (relating to endangering welfare of
18 children).
19 Section 4305 (relating to dealing in infant children).
20 A felony offense under section 5902(b) (relating to
21 prostitution and related offenses).
22 Section 5903(c) or (d) (relating to obscene and other
23 sexual materials and performances).
24 Section 6301 (relating to corruption of minors).
25 Section 6312 (relating to sexual abuse of children).
26 THE ATTEMPT, SOLICITATION OR CONSPIRACY TO COMMIT ANY OF <--
27 THE OFFENSES SET FORTH IN THIS PARAGRAPH.
28 (3) In no case shall an administrator hire an applicant
29 if the applicant's criminal history record information
30 indicates the applicant has been convicted of a felony
19980S1548B2282 - 10 -
1 offense under the act of April 14, 1972 (P.L.233, No.64),
2 known as The Controlled Substance, Drug, Device and Cosmetic
3 Act, committed within the five-year period immediately
4 preceding verification under this section.
5 * * *
6 § 6346. Cooperation of other agencies.
7 * * *
8 (c) Cooperation of county agency and law enforcement
9 agencies.--Consistent with the provisions of this chapter, the
10 county agency and law enforcement agencies shall cooperate and
11 coordinate, to the fullest extent possible, their efforts to
12 respond to and investigate reports of suspected child abuse and
13 to reports under Subchapter C.1.
14 * * *
15 § 6365. Services for prevention, investigation and treatment of
16 child abuse.
17 (a) Instruction and education.--Each county agency shall
18 make available among its services for the prevention and
19 treatment of child abuse [multidisciplinary teams,] instruction
20 and education for parenthood and parenting skills, protective
21 and preventive social counseling, emergency caretaker services,
22 emergency shelter care, emergency medical services and the
23 establishment of self-help groups organized for the prevention
24 and treatment of child abuse, part-day services, out-of-home
25 placement services, therapeutic activities for child and family
26 directed at alleviating conditions that present a risk to the
27 safety and well-being of a child and any other services required
28 by department regulations.
29 (b) Multidisciplinary team.--The county agency shall make
30 available among its services a multidisciplinary team for the
19980S1548B2282 - 11 -
1 prevention, investigation and treatment of child abuse and shall
2 convene the multidisciplinary team at any time, but not less
3 than annually:
4 (1) To review substantiated cases of child abuse,
5 including responses by the county agency and other agencies
6 providing services to the child.
7 (2) Where appropriate to assist in the development of a
8 family service plan for the child.
9 The county agency shall annually submit all findings and <--
10 recommendations of the multidisciplinary team to the department.
11 (c) Investigative team.--The county agency and the district
12 attorney shall develop a protocol for the convening of
13 investigative teams for any case of child abuse involving
14 serious physical injury, sexual abuse or serious bodily injury. <--
15 The district attorney shall convene an investigative team in
16 accordance with the protocol. The investigative team shall
17 consist of those individuals and agencies responsible for
18 investigating the abuse or for providing services to the child
19 and shall at a minimum include a health care provider, county
20 caseworker and law enforcement. The investigative team shall
21 review the report of abuse and related information in order to
22 facilitate cooperation in the evaluation and investigation of
23 the case for the purpose of protecting the health, safety and
24 welfare of the child. CRIMES AGAINST CHILDREN, WHICH ARE SET <--
25 FORTH IN SECTION 6340(A)(9) AND (10) (RELATING TO RELEASE OF
26 INFORMATION IN CONFIDENTIAL REPORTS). THE COUNTY PROTOCOL SHALL
27 INCLUDE STANDARDS AND PROCEDURES TO BE USED IN RECEIVING AND
28 REFERRING REPORTS AND COORDINATING INVESTIGATIONS OF REPORTED
29 CASES OF CHILD ABUSE AND A SYSTEM FOR SHARING THE INFORMATION
30 OBTAINED AS A RESULT OF ANY INTERVIEW. THE PROTOCOL SHALL
19980S1548B2282 - 12 -
1 INCLUDE ANY OTHER STANDARDS AND PROCEDURES TO AVOID DUPLICATION
2 OF FACT-FINDING EFFORTS AND INTERVIEWS TO MINIMIZE THE TRAUMA TO
3 THE CHILD. THE DISTRICT ATTORNEY SHALL CONVENE AN INVESTIGATIVE
4 TEAM IN ACCORDANCE WITH THE PROTOCOL. THE INVESTIGATIVE TEAM
5 SHALL CONSIST OF THOSE INDIVIDUALS AND AGENCIES RESPONSIBLE FOR
6 INVESTIGATING THE ABUSE OR FOR PROVIDING SERVICES TO THE CHILD
7 AND SHALL AT A MINIMUM INCLUDE A HEALTH CARE PROVIDER, COUNTY
8 CASEWORKER AND LAW ENFORCEMENT OFFICIAL.
9 Section 4. This act shall take effect in 60 days. AS <--
10 FOLLOWS:
11 (1) THE AMENDMENT OF 23 PA.C.S. § 6344 SHALL TAKE EFFECT
12 JANUARY 1, 1999.
13 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
14 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT MARCH 1,
15 1999.
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