PRINTER'S NO. 294
No. 262 Session of 2007
INTRODUCED BY TRUE, CALTAGIRONE, MUNDY, MAJOR, FRANKEL, BARRAR, BELFANTI, BEYER, BOYD, CAPPELLI, CLYMER, COX, CREIGHTON, CURRY, DeLUCA, DePASQUALE, EVERETT, FABRIZIO, FREEMAN, GALLOWAY, GEIST, GEORGE, GIBBONS, GINGRICH, GOODMAN, GRELL, GRUCELA, HARHART, HARPER, HARRIS, HENNESSEY, HESS, HICKERNELL, JOSEPHS, M. KELLER, KENNEY, KILLION, LEACH, MACKERETH, MANN, MARSICO, MILLARD, R. MILLER, MURT, NAILOR, M. O'BRIEN, PETRARCA, PETRI, PHILLIPS, PICKETT, QUIGLEY, RAPP, ROSS, RUBLEY, SAINATO, SAMUELSON, SANTONI, SCAVELLO, SCHRODER, SIPTROTH, SONNEY, STERN, STURLA, TANGRETTI, WATSON, J. WHITE, YOUNGBLOOD, YUDICHAK AND JAMES, FEBRUARY 6, 2007
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 6, 2007
AN ACT 1 Amending Title 23 (Domestic Relations) of the Pennsylvania 2 Consolidated Statutes, further providing, in child protective 3 services, for definitions, for release of information in 4 confidential reports, for investigating performance of county 5 agency, for reports to the Governor and General Assembly, for 6 services for prevention, investigation and treatment of child 7 abuse and for reports to Department of Public Welfare and 8 coroner. 9 The General Assembly of the Commonwealth of Pennsylvania 10 hereby enacts as follows: 11 Section 1. Section 6303(a) of Title 23 of the Pennsylvania 12 Consolidated Statutes is amended by adding definitions to read: 13 § 6303. Definitions. 14 (a) General rule.--The following words and phrases when used 15 in this chapter shall have the meanings given to them in this 16 section unless the context clearly indicates otherwise:
1 * * * 2 "Children's advocacy centers." Local public agencies in this 3 Commonwealth, and not-for-profit entities incorporated in this 4 Commonwealth that are tax exempt under section 501(c)(3) of the 5 Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 6 501(c)(3)) or any successor provision, which operate within this 7 Commonwealth, for the primary purpose of providing a child- 8 focused, facility-based program dedicated to coordinating a 9 formalized multidisciplinary response to suspected child abuse, 10 that at a minimum, either onsite or through a partnership with 11 another entity or entities, assists county agencies, 12 investigative teams and law enforcement by providing services, 13 including forensic interviews, medical evaluations, therapeutic 14 interventions, victim support and advocacy, team case reviews 15 and a system for case tracking. 16 * * * 17 "Multidisciplinary response." A response to suspected child 18 abuse in which the county agency, law enforcement, prosecution, 19 victim support and advocacy agencies and medical and mental 20 health professionals cooperate pursuant to a written protocol to 21 provide coordinated intervention that assures that children are 22 connected to services necessary to provide for their safety, 23 health and well-being, and that as part of the coordinated 24 response, the children are interviewed regarding the suspected 25 child abuse in a coordinated and child-focused manner to avoid 26 duplication of fact-finding and to minimize additional trauma to 27 the children. 28 * * * 29 Section 2. Section 6340(a) of Title 23 is amended by adding 30 a paragraph to read: 20070H0262B0294 - 2 -
1 § 6340. Release of information in confidential reports. 2 (a) General rule.--Reports specified in section 6339 3 (relating to confidentiality of reports) shall only be made 4 available to: 5 * * * 6 (17) A member of a child fatality or near fatality 7 review team under section 6365(d) (relating to services for 8 prevention, investigation and treatment of child abuse), 9 except for information that the district attorney determines 10 may compromise any pending criminal proceeding shall not be 11 shared with members of a child fatality or near fatality 12 review team. 13 * * * 14 Section 3. Sections 6343, 6347, 6365 and 6367 of Title 23 15 are amended by adding subsections to read: 16 § 6343. Investigating performance of county agency. 17 * * * 18 (c) Department reviews and reports.-- 19 (1) The department shall conduct child fatality and near 20 fatality reviews and provide written reports on any child 21 fatality or near fatality where child abuse is suspected. An 22 explanation regarding the nature and extent of the review 23 shall be provided in each report. 24 (2) In cases where a county agency has investigated 25 child abuse or neglect reports related to the child or to 26 other children of either of the child's parents or has 27 provided protective or general protective services involving 28 the child or other children of either of the child's parents, 29 the department shall analyze the county agency's performance 30 in each review and report, including, but not limited to: 20070H0262B0294 - 3 -
1 (i) The investigation of prior child abuse or 2 neglect reports. 3 (ii) Assessment of risk. 4 (iii) Acceptance of the family for services. 5 (iv) Provision of services. 6 (v) Case closure. 7 (vi) Compliance with this chapter and related 8 regulations. 9 (3) On and after the effective date of this paragraph, 10 the child fatality or near fatality review and report shall 11 be completed no later than six months following the date of 12 the oral report of suspected child abuse to the department. A 13 copy of each child fatality and near fatality report shall be 14 maintained in the appropriate Harrisburg office of the 15 department. 16 (4) Within 60 days of receipt of a report under section 17 6365(d)(4)(iv) (relating to services for prevention, 18 investigation and treatment of child abuse), the department 19 shall review the findings and recommendations of the report 20 and submit a written response to the county agency. By May 1, 21 the department shall prepare and transmit to the Governor and 22 General Assembly an annual summary of the reports and 23 responses under this paragraph. 24 § 6347. Reports to Governor and General Assembly. 25 * * * 26 (d) Reports on child fatalities and near fatalities.--The 27 department shall prepare and transmit annually to the Governor 28 and to the General Assembly a report on its findings and 29 recommendations regarding the child fatality and near fatality 30 reviews and reports conducted under section 6343(c) (relating to 20070H0262B0294 - 4 -
1 investigating performance of county agency). The annual report 2 shall include, but not be limited to, the following: 3 (1) A breakdown of child fatalities and near fatalities 4 reviewed versus those not reviewed and a discussion 5 explaining the lack of reviews for some child fatalities and 6 near fatalities. 7 (2) An analysis of the regulatory compliance problems 8 identified in the course of the child fatality and near 9 fatality reviews and a discussion outlining the actions taken 10 by the department and the county agencies. 11 (3) An analysis of the practice or decision-making 12 problems identified in the course of the child fatality and 13 near fatality reviews and a discussion outlining the actions 14 taken by the department and the county agencies. 15 (4) The good practice, effective decision making and 16 regulatory compliance identified in the course of the child 17 fatality and near fatality reviews. 18 (5) The numbers of license revocations, provisional 19 licenses and full licenses given to county agencies reviewed 20 under section 6343(c). 21 (6) Recommendations for specific or systemic 22 administrative, regulatory or statutory change, including 23 improvement of the department's monitoring and inspection 24 process, necessary to fulfill the purposes of this chapter. 25 § 6365. Services for prevention, investigation and treatment of 26 child abuse. 27 * * * 28 (d) Child fatality and near fatality review team and written 29 report.-- 30 (1) A child fatality or near fatality review team shall 20070H0262B0294 - 5 -
1 be convened in cases where a child dies or nearly dies as a 2 result of substantiated child abuse or when the county agency 3 has not made a status determination within 30 days. The team 4 may convene after a substantiation is made and shall convene 5 not later than 31 days from the receipt of the oral report to 6 the department of the suspected child abuse. The county 7 agency shall convene a child fatality or near fatality review 8 team in the county where the abuse occurred and in any county 9 where the child resided within the 12 months preceding the 10 fatality or near fatality. The team shall consist of the 11 following individuals, who must have experience in working 12 with children and families: 13 (i) A staff person from the county agency. 14 (ii) A member of the advisory committee of the 15 county agency. 16 (iii) A representative of a private or public human 17 services agency. 18 (iv) A health care provider. 19 (v) A representative of a local school or 20 educational program. 21 (vi) A representative of law enforcement. 22 (vii) A lawyer trained in legal representation of 23 children or individual trained as a court-appointed 24 special advocate for children. 25 (viii) A mental health service provider. 26 (ix) The county multidisciplinary team coordinator. 27 (x) A children's advocacy center representative, who 28 is not an employee of a county agency if present in the 29 community. 30 (xi) The county coroner or forensic pathologist. 20070H0262B0294 - 6 -
1 (xii) A resident of the county where the review is 2 being conducted. 3 (2) All members of the team shall assist in carrying out 4 the purpose of the team by doing all of the following: 5 (i) Maintaining confidentiality of information under 6 section 6340 (relating to release of information in 7 confidential reports). 8 (ii) Providing and discussing relevant case-specific 9 information from the member's records. 10 (iii) Attending and participating in all meetings 11 and activities as required. 12 (iv) Reviewing and responding to the report under 13 paragraph (4)(iv). 14 (3) The county agency shall appoint an individual to 15 serve as chairman who is not an employee of the county 16 agency. 17 (4) The purposes of the team shall be the following: 18 (i) Review the circumstances of the child's fatality 19 or near fatality resulting from suspected or 20 substantiated child abuse. 21 (ii) Review the delivery of services to the abused 22 child and the child's family provided by the county 23 agency in the county or counties where the child and 24 family have resided within the 12 months preceding the 25 fatality or near fatality and services provided to the 26 child and the child's family by other public and private 27 community agencies or professionals. This subparagraph 28 includes law enforcement, mental health services, 29 programs for children with special needs, drug and 30 alcohol programs, local schools and health care 20070H0262B0294 - 7 -
1 providers. 2 (iii) Review the county agency's compliance with 3 statutes and regulations and with relevant policies and 4 procedures of the county agency. 5 (iv) Submit, within 90 days of convening, a written 6 report on its review to the department and designated 7 county officials under section 6340(a)(11). The report 8 shall be made available, upon request, to other 9 individuals to whom confidential reports may be released, 10 as specified by section 6340. The report and the 11 department's response shall be made available to the 12 public only if identifying information is removed from 13 the contents of the report. The report shall include: 14 (A) Deficiencies and strengths in: 15 (I) Compliance with statutes and 16 regulations. 17 (II) Services to children and families. 18 (B) Recommendations for changes at the State and 19 local level on all of the following: 20 (I) Reducing the likelihood of future child 21 fatalities and near fatalities directly related 22 to child abuse and neglect. 23 (II) Monitoring and inspection of county 24 agencies. 25 (III) Collaboration of community agencies 26 and service providers to prevent child abuse and 27 neglect. 28 § 6367. Reports to department and coroner. 29 * * * 30 (c) Reports of child death.--In addition to the child abuse 20070H0262B0294 - 8 -
1 report required under subsection (a), a county agency shall 2 immediately provide information to the department regarding its 3 involvement with the child and with either of the child's 4 parents when a child dies or nearly dies and child abuse is 5 suspected. The county agency shall inform the department of any 6 history of protective or general protective services provided to 7 the child or to other children of either of the child's parents 8 by the county agency under this chapter or by court order and 9 shall inform the department if the child was in the agency's 10 custody at the time of the child's death. The county agency 11 shall provide this information in writing on forms provided by 12 the department within 48 hours of the oral report. 13 Section 4. The Department of Public Welfare shall promulgate 14 regulations necessary for implementing the amendment or addition 15 of 23 Pa.C.S. §§ 6303(a), 6340(a)(17), 6343(c), 6347(d), 6365(d) 16 and 6367(c). 17 Section 5. This act shall take effect in six months. L12L23SFL/20070H0262B0294 - 9 -