PRINTER'S NO. 3999
No. 2645 Session of 2006
INTRODUCED BY STURLA, TRUE, BISHOP, CALTAGIRONE, GERGELY,
GOODMAN, HICKERNELL, JOSEPHS, MANN, MUNDY, MYERS, PALLONE,
SIPTROTH, STABACK, TANGRETTI, TIGUE AND YOUNGBLOOD,
APRIL 27, 2006
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 27, 2006
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing, in provisions
3 relating to child abuse of students in public and private
4 schools, for reports of suspected child abuse by school
5 employees, for duties of administrators and school employees,
6 for investigation of such reports, for responsibilities of
7 county agencies, for information in Statewide central
8 register and for other related provisions.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Sections 6352(a)(1) and (2), 6353(a) and (b),
12 6353.1(b) heading and (3), 6353.2(a) and (b), 6353.3 and 6353.4
13 of Title 23 of the Pennsylvania Consolidated Statutes are
14 amended to read:
15 § 6352. School employees.
16 (a) Requirement.--
17 (1) Except as provided in paragraph (2), a school
18 employee who has reasonable cause to suspect, on the basis of
19 professional or other training and experience, that a student
20 coming before the school employee in the employee's
1 professional or official capacity is a victim of [serious
2 bodily injury or sexual abuse or sexual exploitation] child
3 abuse by a school employee shall immediately contact the
4 administrator.
5 (2) If the school employee accused of [seriously
6 injuring or sexually abusing or exploiting a student]
7 committing child abuse is the administrator, the school
8 employee who has reasonable cause to suspect, on the basis of
9 professional or other training and experience, that a student
10 coming before the school employee in the employee's
11 professional or official capacity is a victim of [serious
12 bodily injury or sexual abuse or sexual exploitation] child
13 abuse shall immediately report to law enforcement officials
14 [and], the district attorney and the county agency under
15 section 6353(a) (relating to administration). If an
16 administrator is the school employee who suspects [injury or]
17 child abuse, the administrator shall make a report under
18 section 6353(a).
19 * * *
20 § 6353. Administration.
21 (a) Requirement.--An administrator and a school employee
22 governed by section 6352(a)(2) (relating to school employees)
23 shall report immediately to law enforcement officials [and], the
24 appropriate district attorney and the county agency any report
25 of [serious bodily injury or sexual abuse or sexual
26 exploitation] child abuse alleged to have been committed by a
27 school employee against a student.
28 (b) Report.--A report under subsection (a) shall include the
29 following information:
30 (1) Name, age, address and school of the student.
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1 (2) Name and address of the student's parent or
2 guardian.
3 (3) Name and address of the administrator.
4 (4) Name, work and home address of the school employee.
5 (5) Nature of the alleged [offense] child abuse.
6 (6) Any specific comments or observations that are
7 directly related to the alleged [incident] child abuse and
8 the individuals involved.
9 * * *
10 § 6353.1. Investigation.
11 * * *
12 (b) [Referral to] Cooperation with county agency.--
13 * * *
14 (3) The county agency and law enforcement officials have
15 the authority to arrange for photographs, medical tests or X-
16 rays of a student alleged to have been [abused or injured] a
17 victim of child abuse committed by a school employee. The
18 county agency and law enforcement officials shall coordinate
19 their efforts in this regard and, to the fullest extent
20 possible, avoid the duplication of any photographs, medical
21 tests or X-rays.
22 * * *
23 § 6353.2. Responsibilities of county agency.
24 (a) Information for the pending complaint file.--Immediately
25 after receiving a report under section [6353.1 (relating to
26 investigation)] 6352 (relating to school employees) or 6353
27 (relating to administration), the county agency shall notify the
28 department of the receipt of the report, which is to be filed in
29 the pending complaint file as provided in section 6331(1)
30 (relating to establishment of pending complaint file, Statewide
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1 central register and file of unfounded reports). The oral report
2 shall include the following information:
3 (1) The name and address of the student and the
4 student's parent or guardian.
5 (2) Where the suspected child abuse [or injury]
6 occurred.
7 (3) The age and sex of the student.
8 (4) The nature and extent of the suspected child abuse
9 [or injury].
10 (5) The name and home address of the school employee
11 alleged to have committed the child abuse [or injury].
12 (6) The relationship of the student to the school
13 employee alleged to have committed the child abuse [or
14 injury].
15 (7) The source of the report to the county agency.
16 (8) The actions taken by the county agency, law
17 enforcement officials, parents, guardians, school officials
18 or other persons, including the taking of photographs,
19 medical tests and X-rays.
20 (b) Investigation of reports.--Upon receipt of a report
21 under section [6353.1] 6352 or 6353, the county agency shall
22 commence, within the time frames established in department
23 regulations, an investigation of the nature, extent and cause of
24 any alleged child abuse [or injury] enumerated in the report.
25 The county agency shall coordinate its investigation to the
26 fullest extent possible with law enforcement officials as
27 provided in section 6353.1(b) (relating to investigation).
28 * * *
29 § 6353.3. Information in Statewide central register.
30 The Statewide central register established under section 6331
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1 (relating to establishment of pending complaint file, Statewide
2 central register and file of unfounded reports) shall retain
3 only the following information relating to reports of child
4 abuse [or injury] of a student by a school employee which have
5 been determined to be a founded report for school employee or an
6 indicated report for school employee:
7 (1) The names, Social Security numbers, age and sex of
8 the subjects of the report.
9 (2) The home address of the subjects of the report.
10 (3) The date and the nature and extent of the alleged
11 child abuse [or injury].
12 (4) The county and state where the child abuse [or
13 injury] occurred.
14 (5) Factors contributing to the child abuse [or injury].
15 (6) The source of the report.
16 (7) Whether the report is a founded or indicated report.
17 (8) Information obtained by the department in relation
18 to the school employee's request to release, amend or expunge
19 information retained by the department or the county agency.
20 (9) The progress of any legal proceedings brought on the
21 basis of the report.
22 (10) Whether a criminal investigation has been
23 undertaken and the result of the investigation and of any
24 criminal prosecution.
25 § 6353.4. Other provisions.
26 The following provisions shall apply to the release and
27 retention of information by the department and the county agency
28 concerning reports of child abuse [or injury] committed by a
29 school employee as provided by this subchapter:
30 Section 6336(b) and (c) (relating to information in
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1 Statewide central register).
2 Section 6337 (relating to disposition of unfounded
3 reports).
4 Section 6338(a) and (b) (relating to disposition of
5 founded and indicated reports).
6 Section 6339 (relating to confidentiality of reports).
7 Section 6340 (relating to release of information in
8 confidential reports).
9 Section 6341(a) through (f) (relating to amendment or
10 expunction of information).
11 Section 6342 (relating to studies of data in records).
12 Section 2. This act shall take effect in 60 days.
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