AN ACT

 

1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child protective services, further
3providing for education and training.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 6383(b) of Title 23 of the Pennsylvania
7Consolidated Statutes is amended by adding paragraphs <-and the 
8section is amended by adding subsections to read:

9§ 6383. Education and training.

10* * *

11(b) Duties of Department of State.--

12* * *

13(3) Each licensing board with jurisdiction over
14professional licensees identified as mandated reporters under
15this chapter shall:

16(i) Require all persons applying for a license or
 

1certification issued by the licensing board to submit 
2documentation acceptable to the licensing board of the 
3completion of at least three hours of approved child 
4abuse recognition and reporting training. Training shall 
5address, but shall not be limited to, recognition of the 
6signs of child abuse and the reporting requirements for 
7suspected child abuse in this Commonwealth. Training 
8shall be approved by the Department of Public Welfare. 
9The training may occur as part of the continuing 
10education requirement of the license.

11(ii) Require all persons applying for the renewal of
12a license or certification issued by the licensing board
13to submit documentation acceptable to the licensing board
14of the completion of at least two hours of approved
15continuing education per licensure cycle. Continuing
16education shall address, but shall not be limited to,
17recognition of the signs of child abuse and the reporting
18requirements for suspected child abuse in this
19Commonwealth. Continuing education curricula shall be
20approved by the licensing board in consultation with the
21Department of Public Welfare. The two hours of continuing
22education on child abuse recognition and reporting shall
23be completed by each licensee as a portion of the total
24continuing education required for biennial license
25renewal.

26(4) A licensing board with jurisdiction over
27professional licensees identified as mandated reporters under
28this chapter may exempt an applicant or licensee from the
29training or continuing education required by <-this paragraph
<-30(3) if all of the following apply:

1(i) The applicant or licensee submits documentation
2acceptable to the licensing board that the person has
3already completed child abuse recognition training.

4(ii) The training was:

5(A) required by section 1205.6 of the act of
6March 10, 1949 (P.L.30, No.14), known as the Public
7School Code of 1949, and the training program was
8approved by the Department of Education in
9consultation with the Department of Public Welfare;
10or

11(B) required by the act of June 13, 1967
12(P.L.31, No.21), known as the Public Welfare Code,
13and the training program was approved by the
14Department of Public Welfare.

15(iii) The amount of training received equals or
16exceeds the amount of training or continuing education
17required by this paragraph.

<-18(5) A licensing board with jurisdiction over
19professional licensees identified as mandated reporters under
20this chapter may exempt any licensee whom the board
21determines does not come into contact with children as part
22of their professional practice.

<-23(5) Upon biennial renewal of a license, a licensing
24board shall provide to professional licensees under its
25jurisdiction identified as mandated reporters information
26related to mandatory reporting of child abuse and the
27reporting requirements of licensees.

28(6) A professional licensee identified as a mandated
29reporter may apply to the licensing board with jurisdiction
30over the licensee for an exemption from the training or

1continuing education required by paragraph (3). A licensing
2board may exempt the licensee if the licensee submits
3documentation acceptable to the licensing board that the
4licensee should not be subject to the training or continuing
5education requirement.

6(c) Training of persons subject to department regulation.--

7(1) The following persons shall be required to meet the
8child abuse recognition and reporting training requirements
9of this subsection:

10(i) Operators of institutions, facilities or
11agencies which care for children and are subject to
12supervision by the department under Article IX of the
13Public Welfare Code, and their employees who have direct
14contact with children.

15(ii) Foster parents.

16(iii) Operators of facilities and agencies which
17care for children and are subject to licensure by the
18department under Article X of the Public Welfare Code and
19their employees who have direct contact with children.

20(iv) Caregivers in family day care homes which are
21subject to registration by the department under
22Subarticle (c) of Article X of the Public Welfare Code
23and their employees who have direct contact with
24children.

25(2) Within six months of the effective date of this
26subsection, operators and caregivers shall receive three
27hours of training prior to the issuance of a license,
28approval or registration certificate and three hours of
29training every five years thereafter.

30(3) Employees who have direct contact with children and

1foster parents shall receive three hours of training within
2six months of the issuance of a license, approval or
3registration certificate and three hours of training every
4five years thereafter. New employees and new foster parents
5shall receive three hours of training within 90 days of hire
6or approval as a foster parent and three hours of training
7every five years thereafter.

8(4) Training curriculum shall be approved by the
9department and shall address, but not be limited to, the
10following:

11(i) Recognition of the signs of abuse and reporting
12requirements for suspected abuse in this Commonwealth.

13(ii) For institutions, facilities and agencies under
14paragraph (1)(i), their policies related to reporting of
15suspected abuse.

16(5) A person may be exempted from the requirements of
17this subsection if all of the following apply:

18(i) The person provides documentation that the
19person has already completed child abuse recognition and
20reporting training.

21(ii) The training was:

22(A) required by section 1205.6 of the Public
23School Code of 1949, and the training program was
24approved by the Department of Education in
25consultation with the department; or

26(B) required by this chapter and the training
27program was approved by the department.

28(iii) The amount of training received equals or
29exceeds the amount of training required by this
30subsection.

1(d) Definitions.--As used in this section, the following
2words and phrases shall have the meanings given to them in this
3subsection unless the context clearly indicates otherwise:

4"Direct contact with children." The care, supervision,
5guidance or control of children or routine interaction with
6children.

7"Operator." An executive or facility director. The term does
8not include a person who is not involved in managerial decisions
9related to the provision of services for or care of children
10with regard to any of the following:

11(1) Personnel.

12(2) Policy and procedures.

13(3) Regulatory compliance.

14(4) Services related to the general or medical care of
15children.

16(5) Supervision of children.

17(6) Safety of children.

18Section 2. The addition of 23 Pa.C.S. § 6383(b)(3) <-applies, 
19(c) and (d) apply to persons applying for a license <-or,
20certification<-, approval or registration, or for the renewal of a
21license or, certification<-, approval or registration, on or after
22January 1, 2015.

23Section 3. This act shall take effect <-in 60 days December 
2431, 2014.