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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ERICKSON, FONTANA AND WOZNIAK, FEBRUARY 25, 2011 |
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| REFERRED TO AGING AND YOUTH, FEBRUARY 25, 2011 |
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| AN ACT |
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1 | Amending Title 23 (Domestic Relations) of the Pennsylvania |
2 | Consolidated Statutes, in child protective services, further |
3 | providing for definitions, for immunity from liability, for |
4 | complaint files and for amendment or expunction of |
5 | information. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Section 6303(a) of Title 23 of the Pennsylvania |
9 | Consolidated Statutes is amended by adding definitions to read: |
10 | § 6303. Definitions. |
11 | (a) General rule.--The following words and phrases when used |
12 | in this chapter shall have the meanings given to them in this |
13 | section unless the context clearly indicates otherwise: |
14 | * * * |
15 | "Detention facility." A privately or publicly owned and |
16 | operated facility that is designated by the court and approved |
17 | by the Department of Public Welfare to detain a juvenile |
18 | temporarily. |
19 | "Detention facility employee." An individual employed by a |
20 | detention facility. The term includes an independent contractor |
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1 | and employees. |
2 | * * * |
3 | "Private residential rehabilitative institution." The term |
4 | shall have the same meaning as given to it in section 914.1-A(c) |
5 | of the act of March 10, 1949 (P.L.30, No.14), known as the |
6 | Public School Code of 1949. |
7 | "Private residential rehabilitative institution employee." |
8 | An individual employed by a private residential rehabilitative |
9 | institution. The term includes an independent contractor and |
10 | employees. |
11 | * * * |
12 | "School." A public or private school, intermediate unit or |
13 | area vocational-technical school. |
14 | * * * |
15 | Section 2. Section 6318 of Title 23 is amended by adding a |
16 | subsection to read: |
17 | § 6318. Immunity from liability. |
18 | * * * |
19 | (c) False reports.--Any person who intentionally makes a |
20 | false report of suspected child abuse against a school, private |
21 | residential rehabilitative institution, detention facility, |
22 | school employee, private residential rehabilitative institution |
23 | employee or detention facility employee commits a misdemeanor of |
24 | the third degree. |
25 | Section 3. Section 6331(2) of Title 23 is amended to read: |
26 | § 6331. Establishment of pending complaint file, Statewide |
27 | central register and file of unfounded reports. |
28 | There shall be established in the department: |
29 | * * * |
30 | (2) A Statewide central register of child abuse which |
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1 | shall consist of founded and indicated reports[.] and which |
2 | contains the following subfiles that shall be retained |
3 | indefinitely: |
4 | (i) A subfile of the names of perpetrators of |
5 | indicated and founded reports of child abuse if the |
6 | individual's Social Security number or date of birth is |
7 | known to the department. |
8 | (ii) A subfile of the names of the persons who made |
9 | an intentionally false report of suspected child abuse |
10 | under section 6318(c) (relating to immunity from |
11 | liability), including the name of the subject child, |
12 | which shall only be made available to law enforcement, |
13 | the department or the county agency investigating new |
14 | allegations of suspected child abuse at a school, a |
15 | private residential rehabilitative institution or a |
16 | detention facility to determine the existence of a |
17 | pattern of false reports of suspected child abuse on |
18 | behalf of any one person or subject child. |
19 | * * * |
20 | Section 4. Section 6341(a)(2), (c) and (f) of Title 23 are |
21 | amended and the section is amended by adding a subsection to |
22 | read: |
23 | § 6341. Amendment or expunction of information. |
24 | (a) General rule.--At any time: |
25 | * * * |
26 | (2) Any person named as a perpetrator, and any school |
27 | employee, private residential rehabilitative institution |
28 | employee or detention facility employee named, in an |
29 | indicated report of child abuse may, within 45 days of being |
30 | notified of the status of the report, request the secretary |
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1 | to amend or expunge an indicated report on the grounds that |
2 | it is inaccurate or it is being maintained in a manner |
3 | inconsistent with this chapter. |
4 | * * * |
5 | (c) Review of refusal of request.--If the secretary refuses |
6 | the request under subsection (a)(2) or does not act within a |
7 | reasonable time, but in no event later than 30 days after |
8 | receipt of the request, the perpetrator [or], school employee, |
9 | private residential rehabilitative institution employee or |
10 | detention facility employee shall have the right to a hearing |
11 | before the secretary or a designated agent of the secretary to |
12 | determine whether the summary of the indicated report in the |
13 | Statewide central register should be amended or expunged on the |
14 | grounds that it is inaccurate or that it is being maintained in |
15 | a manner inconsistent with this chapter. The perpetrator [or], |
16 | school employee, private residential rehabilitative institution |
17 | employee or detention facility employee shall have 45 days from |
18 | the date of the letter giving notice of the decision to deny the |
19 | request in which to request a hearing. The appropriate county |
20 | agency and appropriate law enforcement officials shall be given |
21 | notice of the hearing. The burden of proof in the hearing shall |
22 | be on the appropriate county agency. The department shall assist |
23 | the county agency as necessary. |
24 | (c.1) Appeals from refusal of request.-- |
25 | (1) A school employee, private residential |
26 | rehabilitative institution employee or detention facility |
27 | employee who is named in an indicated report of suspected |
28 | child abuse and who, under subsection (c), files an appeal, |
29 | shall be entitled to an initial hearing and ruling on the |
30 | matter within 45 days of the date the appeal was received by |
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1 | the secretary. If a ruling on the matter is not issued within |
2 | 45 days, the report shall be marked unfounded and expunction |
3 | shall be granted in accordance with the terms of this |
4 | chapter. |
5 | (2) The initial hearing shall be conducted before the |
6 | secretary or the designated agent of the secretary for the |
7 | purpose of determining whether credible and substantial |
8 | evidence exists to support the determination made by the |
9 | department or the county agency. All evidence gathered by the |
10 | department or county agency as part of its investigation |
11 | leading to a determination shall be disclosed to the |
12 | appellant employee sufficiently in advance of the hearing so |
13 | as to make the disclosure meaningful and shall be subject to |
14 | cross-examination at the hearing. If the secretary or |
15 | designee concludes that insufficient evidence exists to |
16 | support the determination, the report shall be marked |
17 | unfounded and expunction shall be granted in accordance with |
18 | the terms of this chapter. If the secretary or designee |
19 | concludes that sufficient evidence has been presented, the |
20 | matter shall be scheduled for a full hearing on the merits. |
21 | If a full hearing is necessary and the appellant is a private |
22 | residential rehabilitative institution employee or detention |
23 | facility employee, the secretary or designee shall also |
24 | determine whether the appellant shall continue to work with |
25 | children and under what, if any, restrictions shall be |
26 | imposed based on the nature and extent of the evidence |
27 | presented. Restrictions may only be imposed if, based on |
28 | evidence presented, the appellant presents a danger to the |
29 | subject child or other minors under his or her care. |
30 | (3) The department or county agency shall bear the |
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1 | burden of proof at any hearing conducted before the secretary |
2 | or designee. |
3 | * * * |
4 | (f) Notice of expunction.--Written notice of an expunction |
5 | of any child abuse record made pursuant to the provisions of |
6 | this chapter shall be served upon the subject of the record who |
7 | was responsible for the abuse or injury and the appropriate |
8 | county agency. Except as provided in this subsection, the county |
9 | agency, upon receipt of the notice, shall take appropriate, |
10 | similar action in regard to the local child abuse and school |
11 | employee, private residential rehabilitative institution |
12 | employee or detention facility employee records and inform, for |
13 | the same purpose, the appropriate coroner if that officer has |
14 | received reports pursuant to section 6367 (relating to reports |
15 | to department and coroner). Whenever the county agency |
16 | investigation reveals, within 60 days of receipt of the report |
17 | of suspected child abuse, that the report is unfounded but that |
18 | the subjects need services provided or arranged by the county |
19 | agency, the county agency shall retain those records and shall |
20 | specifically identify that the report was an unfounded report of |
21 | suspected child abuse. An unfounded report regarding subjects |
22 | who receive services shall be expunged no later than 120 days |
23 | following the expiration of one year after the termination or |
24 | completion of services provided or arranged by the county |
25 | agency. |
26 | Section 5. This act shall take effect in 60 days. |
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