PRINTER'S NO. 2719
No. 1961 Session of 2007
INTRODUCED BY BENNINGTON, JOSEPHS, MANN, PARKER, SWANGER, CURRY, CAPPELLI, PALLONE, THOMAS, J. WHITE, PASHINSKI, KORTZ, LEACH, MAHONEY, BELFANTI AND SIPTROTH, OCTOBER 23, 2007
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 23, 2007
AN ACT 1 Amending Title 23 (Domestic Relations) of the Pennsylvania 2 Consolidated Statutes, further providing for information 3 relating to prospective child-care personnel. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 6344(b), (d)(1), (2), (3), (4) and (5), 7 (e), (f) and (k) of Title 23 of the Pennsylvania Consolidated 8 Statutes are amended to read: 9 § 6344. Information relating to prospective child-care 10 personnel. 11 * * * 12 (b) Information submitted by prospective employees.-- 13 Administrators of child-care services shall require applicants 14 to submit with their applications the following information 15 obtained within the preceding one-year period: 16 (1) Pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal 17 history record information), a report of criminal history 18 record information from the Pennsylvania State Police or a
1 statement from the Pennsylvania State Police that the State 2 Police central repository contains no such information 3 relating to that person. The criminal history record 4 information shall be limited to that which is disseminated 5 pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to general 6 regulations). 7 (2) A certification from the department as to whether 8 the applicant is named in the central register as the 9 perpetrator of a founded report of child abuse, indicated 10 report of child abuse, founded report for school employee or 11 indicated report for school employee. 12 (3) [Where the applicant is not a resident of this 13 Commonwealth, administrators shall require the applicant to 14 submit with the application for employment a] A report of 15 Federal criminal history record information. The applicant 16 shall submit a full set of fingerprints [to] in a manner 17 prescribed by the department. The [department] Commonwealth 18 shall submit the fingerprints to the Federal Bureau of 19 Investigation in order to obtain a report of Federal criminal 20 history record information and serve as intermediary for the 21 purposes of this section. 22 For the purposes of this subsection, an applicant may submit a 23 copy of the [required] information required under paragraphs (1) 24 and (2) with an application for employment. Administrators shall 25 maintain a copy of the required information and shall require 26 applicants to produce the original document prior to employment. 27 * * * 28 (d) Prospective adoptive or foster parents.--With regard to 29 prospective adoptive or prospective foster parents, the 30 following shall apply: 20070H1961B2719 - 2 -
1 (1) In the course of causing an investigation to be made 2 pursuant to section 2535(a) (relating to investigation), an 3 agency or person designated by the court to conduct the 4 investigation shall require prospective adoptive parents and 5 any individual over the age of 18 years residing in the home 6 to submit the information set forth in subsection [(b)(1) and 7 (2)] (b) for review in accordance with this section. If a 8 prospective adoptive parent or any individual over 18 years 9 of age residing in the home has resided outside this 10 Commonwealth at any time within the previous five-year 11 period, the agency or person designated by the court shall 12 require that person to submit a certification obtained within 13 the previous one-year period from the Statewide central 14 registry or its equivalent in each state in which the person 15 has resided within the previous five-year period as to 16 whether the person is named as a perpetrator of child abuse. 17 If the certification shows that the person is named as a 18 perpetrator of child abuse within the previous five-year 19 period, the agency or person designated by the court shall 20 forward the certification to the department for review. The 21 agency or person designated by the court shall not approve 22 the prospective adoptive parent if the department determines 23 that the person is named as the equivalent of a perpetrator 24 of a founded report of child abuse within the previous five- 25 year period. 26 (2) In the course of approving a prospective foster 27 parent, a foster family care agency shall require prospective 28 foster parents and any individual over the age of 18 years 29 residing in the home to submit the information set forth in 30 subsection [(b)(1) and (2)] (b) for review by the foster 20070H1961B2719 - 3 -
1 family care agency in accordance with this section. If a 2 prospective foster parent or any individual over 18 years of 3 age residing in the home has resided outside this 4 Commonwealth at any time within the previous five-year 5 period, the foster family care agency shall require that 6 person to submit a certification obtained within the previous 7 one-year period from the Statewide central registry or its 8 equivalent in each state in which the person has resided 9 within the previous five-year period as to whether the person 10 is named as a perpetrator of child abuse. If the 11 certification shows that the person is named as a perpetrator 12 of child abuse within the previous five-year period, the 13 foster family care agency shall forward the certification to 14 the department for review. The foster family care agency 15 shall not approve the prospective foster parent if the 16 department determines that the person is named as the 17 equivalent of a perpetrator of a founded report of child 18 abuse within the previous five-year period. In addition, the 19 foster family care agency shall consider the following when 20 assessing the ability of applicants for approval as foster 21 parents: 22 (i) The ability to provide care, nurturing and 23 supervision to children. 24 (ii) Mental and emotional well-being. If there is a 25 question regarding the mental or emotional stability of a 26 family member which might have a negative effect on a 27 foster child, the foster family care agency shall require 28 a psychological evaluation of that person before 29 approving the foster family home. 30 (iii) Supportive community ties with family, friends 20070H1961B2719 - 4 -
1 and neighbors. 2 (iv) Existing family relationships, attitudes and 3 expectations regarding the applicant's own children and 4 parent/child relationships, especially as they might 5 affect a foster child. 6 (v) Ability of the applicant to accept a foster 7 child's relationship with his own parents. 8 (vi) The applicant's ability to care for children 9 with special needs. 10 (vii) Number and characteristics of foster children 11 best suited to the foster family. 12 (viii) Ability of the applicant to work in 13 partnership with a foster family care agency. This 14 subparagraph shall not be construed to preclude an 15 applicant from advocating on the part of a child. 16 (3) Foster parents and any individual over 18 years of 17 age residing in the home shall be required to submit the 18 information set forth in subsection [(b)(1) and (2)] (b) 19 every 24 months following approval for review by the foster 20 family care agency in accordance with subsection (c). 21 (4) Foster parents shall be required to report, within 22 48 hours, any change in information required pursuant to 23 subsection [(b)(1) and (2)] (b) about themselves and any 24 individuals over the age of 18 years residing in the home for 25 review by the foster family care agency in accordance with 26 subsection (c). 27 (5) Foster parents shall be required to report any other 28 change in the foster family household composition within 30 29 days of the change for review by the foster family care 30 agency. If any individual over 18 years of age, who has 20070H1961B2719 - 5 -
1 resided outside this Commonwealth at any time within the 2 previous five-year period, begins residing in the home of an 3 approved foster family, that individual shall, within 30 days 4 of beginning residence, submit to the foster family care 5 agency, a certification obtained within the previous one-year 6 period from the Statewide central registry or its equivalent 7 in each state in which the person has resided within the 8 previous five-year period as to whether the person is named 9 as a perpetrator of child abuse. If the certification shows 10 that the person is named as a perpetrator of child abuse 11 within the previous five-year period, the foster family care 12 agency shall forward the certification to the department for 13 review. If the department determines that the person is named 14 as the equivalent of a perpetrator of a founded report of 15 child abuse within the previous five-year period, and the 16 person does not cease residing in the home immediately, the 17 foster child or children shall immediately be removed from 18 the home without a hearing. 19 * * * 20 (e) Self-employed family day-care providers.--Self-employed 21 family day-care providers who apply for a certificate of 22 registration with the department shall submit with their 23 registration application [a report of criminal history record 24 information and shall also obtain certification from the 25 department as to whether the applicant is named in the central 26 register as the perpetrator of a founded report of child abuse.] 27 the information set forth under subsection (b) for review in 28 accordance with this section. 29 (f) Submissions by operators of child-care services.--The 30 department shall require persons seeking to operate child-care 20070H1961B2719 - 6 -
1 services to submit the information set forth in subsection 2 [(b)(1) and (2)] (b) for review in accordance with this section. 3 * * * 4 (k) Existing or transferred employees.--A person employed in 5 child-care services on [January 1, 1986] July 1, 2008, shall not 6 be required to obtain the information required in subsection 7 [(b)(1) and (2)] (b) as a condition of continued employment. A 8 person who has once obtained the information required under 9 subsection [(b)(1) and (2)] (b) may transfer to another child- 10 care service established and supervised by the same organization 11 and shall not be required to obtain additional reports before 12 making the transfer. 13 * * * 14 Section 2. This act shall take effect as follows: 15 (1) This section shall take effect immediately. 16 (2) The amendment of 23 Pa.C.S. § 6344(b) and (d)(1), 17 (2), (3), (4) and (5) shall take effect January 1, 2008. 18 (3) The amendment of 23 Pa.C.S. § 6344 (e), (f) and (k) 19 shall take effect July 1, 2008. J18L23MSP/20070H1961B2719 - 7 -