AN ACT

 

1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child protective services, further
3providing for definitions, for establishment of <-pending 
4complaint file, Statewide central register and file of 
5unfounded reports, for continuous availability of department, 
6for disposition of complaints received, for information in 
7pending complaint and unfounded report files, for information 
8in Statewide central register, for disposition of unfounded 
9reports, for disposition of founded and indicated reports, 
10for release of information in confidential reports, for 
11amendment or expunction of information, for information 
12relating to prospective child-care personnel, for information 
13relating to family day-care home residents, for information 
14relating to other persons having contact with children, for 
15cooperation of other agencies and for reports to Governor and 
16General Assembly; and repealing provisions relating to 
17students in public and private schools and for background 
18checks for employment in schools. <-Statewide database, for 
19disposition of founded and indicated reports, for expunction 
20of information of perpetrator under the age of 18, for 
21amendment or expunction of information, for information 
22relating to prospective child-care personnel, for information 
23relating to family day-care home residents, for information 
24relating to other persons having contact with children, for 
25cooperation of other agencies and for reports to Governor and 
26General Assembly; repealing provisions relating to students 
27in public and private schools and for background checks for 
28employment in schools; and making a related repeal.

1The General Assembly of the Commonwealth of Pennsylvania
2hereby enacts as follows:

<-3Section 1. The definitions of "child-care services,"
4"founded report for school employee," "indicated report for
5school employee," "person responsible for the child's welfare,"
6"school employee," "student" and "subject of the report" in
7section 6303(a) of Title 23 of the Pennsylvania Consolidated
8Statutes are amended and the subsection is amended by adding
9definitions to read:

<-10Section 1. The definitions of "founded report for school
11employee," "school employee," "serious physical neglect" and
12"subject of the report" in section 6303(a) of Title 23 of the
13Pennsylvania Consolidated Statutes, amended or added December
1418, 2013 (P.L.1170, No.108), are amended and the subsection is
15amended by adding a definition to read:

<-16Section 1. The definitions of "founded report for school
17employee," "serious physical neglect" and "subject of the
18report" in section 6303(a) of Title 23 of the Pennsylvania 
19Consolidated Statutes, added December 18, 2013 (P.L.1170, 
20No.108), are amended to read:

21§ 6303. Definitions.

22(a) General rule.--The following words and phrases when used
23in this chapter shall have the meanings given to them in this
24section unless the context clearly indicates otherwise:

25* * *

<-26"Child-care services." [Child day-care centers, group and
27family day-care homes, foster homes, adoptive parents, boarding
28homes for children, juvenile detention center services or
29programs for delinquent or dependent children; mental health,
30mental retardation, early intervention and drug and alcohol

1services for children; and other child-care services which are
2provided by or subject to approval, licensure, registration or
3certification by the Department of Public Welfare or a county
4social services agency or which are provided pursuant to a
5contract with these departments or a county social services
6agency. The term does not include such services or programs
7which may be offered by public and private schools, intermediate
8units or area vocational-technical schools.] Include any of the
9following:

10(1) Child day-care centers.

11(2) Group day-care homes.

12(3) Family day-care homes.

13(4) Foster homes.

14(5) Adoptive parents.

15(6) Boarding homes for children.

16(7) Juvenile detention center services or programs for
17delinquent or dependent children.

18(8) Mental health services for children.

19(9) Services for children with intellectual
20disabilities.

21(10) Early intervention services for children.

22(11) Drug and alcohol services for children.

23(12) Day-care services or programs that are offered by a
24school.

25(13) Other comparable services that are provided by or
26subject to approval, licensure, registration or certification
27by the Department of Public Welfare or a county social
28services agency or that are provided pursuant to a contract
29with the Department of Public Welfare or a county social
30services agency.

1* * *

2"Direct contact with children." The possibility of care,
3supervision, guidance or control of children or routine
4interaction with children.

5* * *

6["Founded report for school employee." A report under
7Subchapter C.1 (relating to students in public and private
8schools) if there has been any judicial adjudication based on a
9finding that the victim has suffered serious bodily injury or
10sexual abuse or exploitation, including the entry of a plea of
11guilty or nolo contendere or a finding of guilt to a criminal
12charge involving the same factual circumstances involved in the
13allegations of the report.]

14* * *

<-15"Independent contractor." An individual who provides a
16program, activity or service to an agency, institution,
17organization or other entity, including a school or regularly
18established religious organization, that is directly responsible
19for the care, supervision, guidance or control of children. The
20term excludes an individual who, in his capacity as an
21independent contractor, has no direct contact with children.

22* * *

23["Indicated report for school employee." A report made under
24Subchapter C.1 (relating to students in public and private
25schools) if an investigation by the county agency determines
26that substantial evidence of serious bodily injury or sexual
27abuse or exploitation exists based on any of the following:

28(1) Available medical evidence.

29(2) The county agency's investigation.

30(3) An admission of the acts of abuse by the school

1employee.]

2* * *

3"Person responsible for the child's welfare." A person who
4provides permanent or temporary care, supervision, mental health
5diagnosis or treatment, training or control of a child in lieu
6of parental care, supervision and control. [The term does not
7include a person who is employed by or provides services or
8programs in any public or private school, intermediate unit or
9area vocational-technical school.]

10* * *

11"Program, activity or service." A public or private
12educational, athletic or other pursuit in which children
13participate. The term includes, but is not limited to, the
14following:

15(1) A youth camp or program.

16(2) A recreational camp or program.

17(3) A sports or athletic program.

18(4) An outreach program.

19(5) An enrichment program.

20(6) A troop, club or similar organization.

21* * *

22"School." A facility providing elementary, secondary or
23post-secondary educational services. The term includes every
24public, nonpublic, private and parochial school, including each
25of the following:

26(1) A school or a class within a school under the
27supervision of the Department of Education of the
28Commonwealth.

29(2) A State-related and State-owned college or
30university.

1(3) A public or private college or university.

2(4) A community college.

3(5) A vocational-technical school.

4(6) An intermediate unit.

5(7) A charter, cyber charter or regional charter school.

6(8) A private school licensed under the act of January
728, 1988 (P.L.24, No.11), known as the Private Academic
8Schools Act.

9(9) A nonprofit school located in this Commonwealth,
10other than a public school, wherein a resident of this
11Commonwealth may legally fulfill the compulsory school
12attendance requirements of the act of March 10, 1949 (P.L.30,
13No.14), known as the Public School Code of 1949, and which
14meets the requirements of Title VI of the Civil Rights Act of
151964 (Public Law 88-352, 78 Stat. 241).

<-16"School."  A facility providing elementary, secondary or
17postsecondary educational services. The term includes the
18following:

19(1)  Any school of a school district.

20(2)  An area vocational-technical school.

21(3)  A joint school.

22(4)  An intermediate unit.

23(5)  A charter school or regional charter school.

24(6)  A cyber charter school.

25(7)  A private school licensed under the act of January
2628, 1988 (P.L.24, No.11), known as the Private Academic
27Schools Act.

28(8)  A private school accredited by an accrediting
29association approved by the State Board of Education.

30(9)  A nonpublic school.

1(10)  A community college which is an institution now or
2hereafter created pursuant to Article XIX-A of the act of
3March 10, 1949 (P.L.30, No.14), known as the Public School
4Code of 1949, or the former act of August 24, 1963 (P.L.1132,
5No.484), known as the Community College Act of 1963.

6(11)  An independent institution of higher education
7which is an institution of higher education which is operated
8not-for-profit, located in and incorporated or chartered by
9the Commonwealth, entitled to confer degrees as set forth in
1024 Pa.C.S. § 6505 (relating to power to confer degrees) and
11entitled to apply to itself the designation "college" or
12"university" as provided for by standards and qualifications
13prescribed by the State Board of Education pursuant to 24
14Pa.C.S. Ch. 65 (relating to private colleges, universities
15and seminaries).

16(12)  A State-owned university.

17(13)  A State-related university.

18(14)  A private school licensed under the act of December
1915, 1986 (P.L.1585, No.174), known as the Private Licensed
20Schools Act.

21(15)  Hiram G. Andrews Center.

22(16)  A private residential rehabilitative institution as
23defined in section 914.1-A(c) of the Public School Code of
241949.

25"School employee." An individual who is employed by a
26[public or private school, intermediate unit or area vocational-
27technical school. The term includes an independent contractor
28and employees] school or who provides a program, activity or
29service sponsored by a school. The term excludes an individual
30who has no direct contact with [students] children.

1* * *

<-2"Serious physical neglect." Any of the following when
3committed by a perpetrator that endangers a child's life or
4health, threatens a child's well-being, causes bodily injury or
5impairs a child's health, development or functioning:

6(1) A repeated, prolonged or [unconscionable] egregious
7failure to supervise a child in a manner that is appropriate
8considering the child's developmental age and abilities.

9(2) The failure to provide a child with adequate
10essentials of life, including food, shelter or medical care.

11* * *

<-12"Student." [An individual enrolled in a public or private
13school, intermediate unit or area vocational-technical school
14who is under 18 years of age.] A child who is enrolled in a
15school or participating in a program, activity or service
16sponsored by a school.

17"Subject of the report." Any child, parent, guardian or other
18person responsible for the welfare of a child or any alleged or
19actual perpetrator [or school employee named] in a report made
20to the Department of Public Welfare or a county agency under
21this chapter.

22* * *

<-23Section 2. Sections 6331, 6333, 6334(c), 6335(a), 6336(a)
24(11), 6337(c), 6338(a) and (c), 6340(a)(13), 6341(a)(2), (c) and
25(f), 6344(b)(2), (c)(1), (o) and (p) and 6344.1(b) of Title 23
26are amended to read:

27§ 6331. Establishment of pending complaint file, Statewide
28central register and file of unfounded reports.

29There shall be established in the department:

30(1) A pending complaint file of child abuse reports

1under investigation [and a file of reports under
2investigation pursuant to Subchapter C.1 (relating to
3students in public and private schools)].

4(2) A Statewide central register of child abuse which
5shall consist of founded and indicated reports.

6(3) A file of unfounded reports awaiting expunction.

7§ 6333. Continuous availability of department.

8The department shall be capable of receiving oral reports of
9child abuse made pursuant to this chapter[, reports under
10section 6353.2 (relating to responsibilities of county agency)]
11and report summaries of child abuse from county agencies and
12shall be capable of immediately identifying prior reports of
13child abuse [and prior reports of abuse or injury under
14Subchapter C.1 (relating to students in public and private
15schools)] in the Statewide central register and reports under
16investigation in the pending complaint file and of monitoring
17the provision of child protective services 24 hours a day, seven
18days a week.

19§ 6334. Disposition of complaints received.

20* * *

21(c) Recording in pending complaint file.--Upon receipt of a
22complaint of suspected child abuse, the department shall
23maintain a record of the complaint of suspected child abuse in
24the pending complaint file. [Upon receipt of a report under
25section 6353.2 (relating to responsibilities of county agency),
26the department shall maintain a record of the report in the
27report file under section 6331 (relating to establishment of
28pending complaint file, Statewide central register and file of
29unfounded reports).]

30* * *

1§ 6335. Information in pending complaint and unfounded report
2files.

3(a) Information authorized.--The information contained in
4the pending complaint file shall be limited to the information
5required in sections 6313(c) (relating to reporting procedure)
6[and 6353.2 (relating to responsibilities of county agency)].
7The information contained in the file for unfounded reports
8shall be limited to the information required by section 6336
9(relating to information in Statewide central register).

10* * *

11§ 6336. Information in Statewide central register.

12(a) Information authorized.--The Statewide central register
13shall include and shall be limited to the following information:

14* * *

15(11) Information obtained by the department in relation
16to a perpetrator's [or school employee's] request to release,
17amend or expunge information retained by the department or
18the county agency.

19* * *

20§ 6337. Disposition of unfounded reports.

21* * *

22(c) Expunction of information.--All information identifying
23the subjects of any report of suspected child abuse [and of any
24report under Subchapter C.1 (relating to students in public and
25private schools)] determined to be an unfounded report shall be
26expunged from the pending complaint file pursuant to this
27section. The expunction shall be mandated and guaranteed by the
28department.

29§ 6338. Disposition of founded and indicated reports.

30(a) General rule.--When a report of suspected child abuse

1[or a report under Subchapter C.1 (relating to students in
2public and private schools)] is determined by the appropriate
3county agency to be a founded report or an indicated report, the
4information concerning that report of suspected child abuse
5shall be expunged immediately from the pending complaint file,
6and an appropriate entry shall be made in the Statewide central
7register. Notice of the determination must be given to the
8subjects of the report, other than the abused child, and to the
9parent or guardian of the affected child or student along with
10an explanation of the implications of the determination. Notice
11given to perpetrators of child abuse [and to school employees
12who are subjects of indicated reports for school employees or
13founded reports for school employees] shall include notice that
14their ability to obtain employment in a child-care facility or
15program or a [public or private] school may be adversely
16affected by entry of the report in the Statewide central
17register. The notice shall also inform the recipient of his
18right, within 45 days after being notified of the status of the
19report, to appeal an indicated report, and his right to a
20hearing if the request is denied.

21* * *

22(c) Retention of information.--A subfile shall be
23established in the Statewide central register to indefinitely
24retain the names of perpetrators of child abuse [and school
25employees who are subjects of founded or indicated reports] only
26if the individual's Social Security number or date of birth is
27known to the department. The subfile shall not include
28identifying information regarding other subjects of the report.

29§ 6340. Release of information in confidential reports.

30(a) General rule.--Reports specified in section 6339

1(relating to confidentiality of reports) shall only be made
2available to:

3* * *

4(13) [Persons required to make reports under Subchapter
5C.1 (relating to students in public and private schools).
6Information under this paragraph shall be] If the alleged
7perpetrator is a school employee, the school administrator
8shall receive information limited to the final status of the
9report following the investigation as to whether the report
10is indicated, founded or unfounded. Information disclosed
11pursuant to this paragraph shall be provided to the school
12administrator within ten days of the completion of the
13investigation.

14* * *

15§ 6341. Amendment or expunction of information.

16(a) General rule.--At any time:

17* * *

18(2) Any person named as a perpetrator[, and any school
19employee named,] in an indicated report of child abuse may,
20within 45 days of being notified of the status of the report,
21request the secretary to amend or expunge an indicated report
22on the grounds that it is inaccurate or it is being
23maintained in a manner inconsistent with this chapter.

24* * *

25(c) Review of refusal of request.--If the secretary refuses
26the request under subsection (a)(2) or does not act within a
27reasonable time, but in no event later than 30 days after
28receipt of the request, the perpetrator [or school employee]
29shall have the right to a hearing before the secretary or a
30designated agent of the secretary to determine whether the

1summary of the indicated report in the Statewide central
2register should be amended or expunged on the grounds that it is
3inaccurate or that it is being maintained in a manner
4inconsistent with this chapter. The perpetrator [or school
5employee] shall have 45 days from the date of the letter giving
6notice of the decision to deny the request in which to request a
7hearing. The appropriate county agency and appropriate law
8enforcement officials shall be given notice of the hearing. The
9burden of proof in the hearing shall be on the appropriate
10county agency. The department shall assist the county agency as
11necessary.

12* * *

13(f) Notice of expunction.--Written notice of an expunction
14of any child abuse record made pursuant to the provisions of
15this chapter shall be served upon the subject of the record who
16was responsible for the abuse or injury and the appropriate
17county agency. Except as provided in this subsection, the county
18agency, upon receipt of the notice, shall take appropriate,
19similar action in regard to the local child abuse [and school
20employee] records and inform, for the same purpose, the
21appropriate coroner if that officer has received reports
22pursuant to section 6367 (relating to reports to department and
23coroner). Whenever the county agency investigation reveals,
24within 60 days of receipt of the report of suspected child
25abuse, that the report is unfounded but that the subjects need
26services provided or arranged by the county agency, the county
27agency shall retain those records and shall specifically
28identify that the report was an unfounded report of suspected
29child abuse. An unfounded report regarding subjects who receive
30services shall be expunged no later than 120 days following the

1expiration of one year after the termination or completion of
2services provided or arranged by the county agency.

3§ 6344. Information relating to prospective child-care
4personnel.

5* * *

6(b) Information submitted by prospective employees.--
7Administrators of child-care services shall require applicants
8to submit with their applications the following information
9obtained within the preceding one-year period:

10* * *

11(2) A certification from the department as to whether
12the applicant is named in the central register as the
13perpetrator of a founded report of child abuse[,] or an
14indicated report of child abuse[, founded report for school
15employee or indicated report for school employee].

16* * *

17(c) Grounds for denying employment.--

18(1) In no case shall an administrator hire an applicant
19where the department has verified that the applicant is named
20in the central register as the perpetrator of a founded
21report of child abuse committed within the five-year period
22immediately preceding verification pursuant to this section
23[or is named in the central register as the perpetrator of a
24founded report for a school employee committed within the
25five-year period immediately preceding verification pursuant
26to this section].

27* * *

28(o) Use of information.--A foster family care agency may not
29approve a prospective foster parent if the prospective foster
30parent or an individual 14 years of age or older who resides for

1at least 30 days in a calendar year with the prospective foster
2parent meets either of the following:

3(1) Is named in the central register as the perpetrator
4of a founded report of child abuse committed within the five-
5year period immediately preceding verification pursuant to
6this section [or is named in the central register as the
7perpetrator of a founded report for a school employee
8committed within the five-year period immediately preceding
9verification pursuant to this section].

10(2) Has been found guilty of an offense listed in
11subsection (c)(2).

12(p) Use of information.--A prospective adoptive parent may
13not be approved if the prospective adoptive parent or an
14individual [14] 18 years of age or older who resides for at
15least 30 days in a calendar year with the prospective adoptive
16parent meets either of the following:

17(1) Is named in the central register as the perpetrator
18of a founded report of child abuse committed within the five-
19year period immediately preceding verification pursuant to
20this section [or is named in the central register as the
21perpetrator of a founded report for a school employee
22committed within the five-year period immediately preceding
23verification pursuant to this section].

24(2) Has been found guilty of an offense listed in
25subsection (c)(2).

26§ 6344.1. Information relating to family day-care home
27residents.

28* * *

29(b) Required information.--Child abuse record information
30required under subsection (a) shall include certification by the

1department as to whether the applicant is named in the central
2register as the perpetrator of a founded report[,] or an
3indicated report[, founded report for school employee or
4indicated report for school employee].

<-5Section 2. Section 6331(4) of Title 23, amended December 18,
62013 (P.L.1201, No.119), is amended to read:

7§ 6331. Establishment of Statewide database.

8There shall be established in the department a Statewide
9database of protective services, which shall include the
10following, as provided by section 6336 (relating to information
11in Statewide central register):

12* * *

13(4) False reports of child abuse pursuant to a
14conviction under 18 Pa.C.S. § 4906.1 (relating to false
15reports of child abuse) [and invalid general protective
16services reports that a county agency or the department have
17determined to be false,] for the purpose of identifying and
18tracking patterns of intentionally false reports.

19Section 3. Section 6338(a) of Title 23, amended December 18,
202013 (P.L.1170, No.108), is amended to read:

21§ 6338. Disposition of founded and indicated reports.

22(a) General rule.--When a report of suspected child abuse
23[or a report under Subchapter C.1 (relating to students in
24public and private schools)] is determined by the appropriate
25county agency to be a founded report or an indicated report, the
26[information concerning that report of suspected child abuse
27shall be expunged immediately from the pending complaint file,
28and an appropriate entry shall be made in the Statewide central
29register] status of the report shall be changed from pending to
30founded or indicated in the Statewide database. Notice of the

1determination that a report is a founded, indicated or unfounded
2report shall be made as provided in section 6368(f) (relating to
3investigation of reports).

4* * *

<-5Section 2. Sections 6331(11) and 6338(a) of Title 23,
6amended April 7, 2014 (P.L. , No.29), are amended to read:

7§ 6331. Establishment of Statewide database.

8There shall be established in the department a Statewide 
9database of protective services, which shall include the 
10following, as provided by section 6336 (relating to information 
11in Statewide database):

12* * *

13(11) False reports of child abuse pursuant to a
14conviction under 18 Pa.C.S. § 4906.1 (relating to false
15reports of child abuse) [and invalid general protective
16services reports that a county agency or the department have
17determined to be false,] for the purpose of identifying and
18tracking patterns of intentionally false reports.

19§ 6338. Disposition of founded and indicated reports.

20(a) General rule.--When a report of suspected child 
21abuse [or a report under Subchapter C.1 (relating to students 
22in public and private schools)] is determined by the 
23appropriate county agency to be a founded report or an 
24indicated report, the status of the report shall be changed 
25from pending to founded or indicated in the Statewide 
26database. Notice of the determination that a report is a 
27founded, indicated or unfounded report shall be made as 
28provided in section 6368(f) (relating to investigation of 
29reports).

30* * *

1Section 3. (Reserved).

2Section 4. Section 6338.1(a)(1) of Title 23, added December
318, 2013 (P.L.1195, No.117), is amended to read:

4§ 6338.1. Expunction of information of perpetrator who was
5under 18 years of age when child abuse was committed.

6(a) General rule.--The name of a perpetrator who is the
7subject of an indicated report of child abuse and who was under
818 years of age when the individual committed child abuse shall
9be expunged from the Statewide database when the individual
10reaches 21 years of age or when five years have elapsed since
11the perpetrator's name was added to the database, whichever is
12later, if the individual meets all of the following:

13(1) The individual has not been named as a perpetrator
14in any subsequent indicated report of child abuse and is not
15[the subject of] named as an alleged perpetrator in a child
16abuse report pending investigation.

17* * *

18Section 5. Section 6341 of Title 23, amended or added
19December 18, 2013 (P.L.1170, No.108) and December 18, 2013
20(P.L.1201, No.119), is reenacted and amended to read:

21§ 6341. Amendment or expunction of information.

22(a) General rule.--Notwithstanding section 6338.1 (relating 
23to expunction of information of perpetrator who was under 18 
24years of age when child abuse was committed):

25(1) At any time, the secretary may amend or expunge any
26record in the Statewide database under this chapter upon good
27cause shown and notice to the appropriate subjects of the
28report. The request shall be in writing in a manner 
29prescribed by the department. For purposes of this paragraph, 
30good cause shall include, but is not limited to, the
 

1following:

2(i) Newly discovered evidence that an indicated
3report of child abuse is inaccurate or is being
4maintained in a manner inconsistent with this chapter.

5(ii) A determination that the perpetrator in an
6indicated report of abuse no longer represents a risk of
7child abuse and that no significant public purpose would
8be served by the continued listing of the person as a
9perpetrator in the Statewide database.

10(2) Any person named as a perpetrator, and any school
11employee named, in an indicated report of child abuse may,
12within 90 days of being notified of the status of the report,
13request an administrative review by, or appeal and request a 
14hearing before, the secretary to amend or expunge an
15indicated report on the grounds that it is inaccurate or it
16is being maintained in a manner inconsistent with this
17chapter. The request shall be in writing in a manner 
18prescribed by the department.

19(3) Within 60 days of a request under paragraph (1) or a
20request for administrative review under paragraph (2), the
21department shall send notice of the secretary's decision.

22(b) Review of grant of request.--If the secretary grants the
23request under subsection (a)(2), the Statewide database,
24appropriate county agency, appropriate law enforcement officials
25and all subjects shall be so advised of the decision. The county
26agency and any subject have 90 days in which to file an
27administrative appeal with the secretary. If an administrative 
28appeal is received, the secretary or his designated agent shall 
29schedule a hearing pursuant to Article IV of the act of June 13, 
301967 (P.L.31, No.21), known as the Public Welfare Code,
 

1attending departmental regulations. If no administrative appeal 
2is received within the designated time period, the Statewide 
3database shall comply with the decision of the secretary and
4advise the county agency to amend or expunge the information in
5their records so that the records are consistent at both the
6State and local levels.

7(c) Review of refusal of request.--Subject to subsection 
8(c.1), if the secretary refuses a request under subsection (a)
9(1) or a request for administrative review under subsection (a)
10(2), or does not act within the prescribed time, the perpetrator 
11or school employee shall have the right to appeal and request a 
12hearing before the secretary to amend or expunge an indicated 
13report on the grounds that it is inaccurate or it is being 
14maintained in a manner inconsistent with this chapter. The 
15request for hearing must be made within 90 days of notice of the 
16[results of the investigation] decision. The appropriate county
17agency and appropriate law enforcement officials shall be given
18notice of the hearing. The burden of proof in the hearing shall
19be on the appropriate county agency. The department shall assist
20the county agency as necessary.

21(c.1) Founded reports.--A person named as a perpetrator in a
22founded report of child abuse must provide to the department a
23court order indicating that the underlying adjudication that
24formed the basis of the founded report has been reversed or
25vacated.

26(c.2) Hearing.--A person making an appeal under subsection
27(a)(2) or (c) shall have the right to a timely hearing to
28determine the merits of the appeal. A hearing shall be scheduled
29according to the following procedures:

30(1) Within ten days of receipt of an appeal pursuant to

1this section, the department shall schedule a hearing on the
2merits of the appeal.

3(2) The department shall make reasonable efforts to
4coordinate the hearing date with both the appellee and
5appellant.

6(3) After reasonable efforts required by paragraph (2)
7have been made, the department shall enter a scheduling
8order, and proceedings before the Bureau of Hearings and
9Appeals shall commence within 90 days of the date the
10scheduling order is entered, unless all parties have agreed
11to a continuance. Proceedings and hearings shall be scheduled
12to be heard on consecutive days whenever possible, but if not
13on consecutive days, then the proceeding or hearing shall be
14concluded not later than 30 days from commencement.

15(4) The department or county agency shall provide a
16person making an appeal with [all] evidence gathered during
17the child abuse investigation within its possession that is
18relevant to the child abuse determination, [including
19potentially exculpatory evidence. The evidence shall be
20provided not later than ten days following the entry of a
21scheduling order] subject to sections 6339 (relating to 
22confidentiality of reports) and 6340 (relating to release of 
23information in confidential reports).

24(5) The department or county agency shall bear the
25burden of proving by substantial evidence that the report
26should remain categorized as an indicated report.

27(c.3) Prompt decision.--The administrative law judge's or
28hearing officer's decision in a hearing under subsection (c.2)
29shall be entered, filed and served upon the parties within 45
30days of the date upon which the proceeding or hearing is

1concluded unless, within that time, the tribunal extends the
2date for the decision by order entered of record showing good
3cause for the extension. In no event shall an extension delay
4the entry of the decision more than 60 days after the conclusion
5of the proceeding or hearing.

6(c.4) Notice of decision.--Notice of the decision shall be
7made to the Statewide database, the appropriate county agency,
8any appropriate law enforcement officials and all subjects of
9the report, except for the abused child.

10(d) Stay of proceedings.--Any administrative appeal
11proceeding pursuant to subsection (b) shall be automatically
12stayed upon notice to the department by either of the parties
13when there is a pending criminal proceeding or a dependency or 
14delinquency proceeding pursuant to 42 Pa.C.S. Ch. 63 (relating
15to juvenile matters), including any appeal thereof, involving
16the same factual circumstances as the administrative appeal.

17(e) Order.--The secretary or designated agent may make any
18appropriate order respecting the amendment or expunction of such
19records to make them accurate or consistent with the
20requirements of this chapter.

21(f) Notice of expunction.--Written notice of an expunction
22of any child abuse record made pursuant to the provisions of
23this chapter shall be served upon the subject of the record who
24was responsible for the abuse or injury and the appropriate
25county agency. Except as provided in this subsection, the county
26agency, upon receipt of the notice, shall take appropriate,
27similar action in regard to the local child abuse [and school
28employee] records and inform, for the same purpose, the
29appropriate coroner if that officer has received reports
30pursuant to section 6367 (relating to reports to department and

1coroner). Whenever the county agency investigation reveals,
2within 60 days of receipt of the report of suspected child
3abuse, that the report is unfounded but that the subjects need
4services provided or arranged by the county agency, the county
5agency shall retain those records and shall specifically
6identify that the report was an unfounded report of suspected
7child abuse. An unfounded report regarding subjects who receive
8services shall be expunged no later than 120 days following the
9expiration of one year after the termination or completion of
10services provided or arranged by the county agency.

11(g) Reconsideration and appeal.--Parties to a proceeding or
12hearing held under subsection (c.2) have 15 calendar days from
13the mailing date of the final order of the Bureau of Hearings
14and Appeals to request the secretary to reconsider the decision
15[or appeal to Commonwealth Court]. Parties to a proceeding or
16hearing held under this section have 30 calendar days from the
17mailing date of the final order of the Bureau of Hearings and
18Appeals to perfect an appeal to Commonwealth Court. The filing
19for reconsideration shall not toll the 30 days provided.

20Section 6. Sections 6344(b), (c)(1), (o) and (p) and
216344.1(b) of Title 23<-, amended April 7, 2014 (P.L. , No.29),
22are amended to read:

23§ 6344. Information relating to prospective child-care
24personnel.

25* * *

26(b) Information [submitted by prospective employees.--
27Administrators of child-care services shall require applicants
28to submit with their applications] to be submitted.--An 
29individual identified in subsection (a)(6) at the time the 
30individual meets the description set forth in subsection (a)(6)
 

1and an individual applying to serve in any capacity identified 
2in subsection (a)(1), (2), (3), (4) or (5) prior to the 
3commencement of employment or service shall be required to 
4submit the following information obtained within the preceding
5one-year period:

6(1) Pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal
7history record information), a report of criminal history
8record information from the Pennsylvania State Police or a
9statement from the Pennsylvania State Police that the State
10Police central repository contains no such information
11relating to that person. The criminal history record
12information shall be limited to that which is disseminated
13pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to general
14regulations).

<-15(2) A certification from the department as to whether
16the applicant is named in the [central register] Statewide
17database as the perpetrator of a founded report of child
18abuse[,] or an indicated report of child abuse[, founded
19report for school employee or indicated report for school
20employee].

<-21(2) A certification from the department as to whether 
22the applicant is named in the Statewide database as the 
23alleged perpetrator in a pending child abuse investigation or 
24as the perpetrator of a founded report of child abuse[,] or 
25an indicated report of child abuse[, founded report for 
26school employee or indicated report for school employee].

27(3) A report of Federal criminal history record
28information. The applicant shall submit a full set of
29fingerprints in a manner prescribed by the department. The
30Commonwealth shall submit the fingerprints to the Federal

1Bureau of Investigation in order to obtain a report of
2Federal criminal history record information and serve as
3intermediary for the purposes of this section.

4For the purposes of this subsection, an applicant may submit a
5copy of the information required under paragraphs (1) and (2)
6with an application for employment. Administrators shall
7maintain a copy of the required information and shall require
8applicants to produce the original document prior to employment.

9(c) Grounds for denying employment or participation in 
10program, activity or service.--

11(1) In no case shall an administrator hire or approve an
12applicant where the department has verified that the
13applicant is named in the [central register] Statewide 
14database as the perpetrator of a founded report [of child
15abuse] committed within the five-year period immediately
16preceding verification pursuant to this section [or is named
17in the central register as the perpetrator of a founded
18report for a school employee committed within the five-year
19period immediately preceding verification pursuant to this
20section].

21* * *

22(o) Use of information.--A foster family care agency may not
23approve a prospective foster parent if the prospective foster
24parent or an individual [14] 18 years of age or older who
25resides for at least 30 days in a calendar year with the
26prospective foster parent meets either of the following:

<-27(1) Is named in the [central register] Statewide
28database as the perpetrator of a founded report [of child
29abuse] committed within the five-year period immediately
30preceding verification pursuant to this section [or is named

1in the central register as the perpetrator of a founded
2report for a school employee committed within the five-year
3period immediately preceding verification pursuant to this
4section].

<-5(1) Is named in the Statewide database as the
6perpetrator of a founded report [of child abuse] committed
7within the five-year period immediately preceding
8verification pursuant to this section [or is named in the
9Statewide database as the perpetrator of a founded report for
10a school employee committed within the five-year period
11immediately preceding verification pursuant to this section].

12(2) Has been found guilty of an offense listed in
13subsection [(c)(2)] (c).

14(p) Use of information.--A prospective adoptive parent may
15not be approved if the prospective adoptive parent or an
16individual 14 years of age or older who resides for at least 30
17days in a calendar year with the prospective adoptive parent
18meets either of the following:

<-19(1) Is named in the [central register] Statewide
20database as the perpetrator of a founded report [of child
21abuse] committed within the five-year period immediately
22preceding verification pursuant to this section [or is named
23in the central register as the perpetrator of a founded
24report for a school employee committed within the five-year
25period immediately preceding verification pursuant to this
26section].

<-27(1) Is named in the Statewide database as the 
28perpetrator of a founded report [of child abuse] committed 
29within the five-year period immediately preceding 
30verification pursuant to this section [or is named in the
 

1Statewide database as the perpetrator of a founded report for 
2a school employee committed within the five-year period 
3immediately preceding verification pursuant to this section].

4(2) Has been found guilty of an offense listed in 
5subsection [(c)(2)] (c).

6§ 6344.1. Information relating to family day-care home
7residents.

8* * *

<-9(b) Required information.--Child abuse record information
10required under subsection (a) shall include certification by the
11department as to whether the applicant is named in the [central
12register] Statewide database as the perpetrator of a founded
13report[,] or an indicated report[, founded report for school
14employee or indicated report for school employee] of child
15abuse.

<-16(b) Required information.--Child abuse record information 
17required under subsection (a) shall include certification by the 
18department as to whether the applicant is named in the Statewide 
19database as the perpetrator of a founded report[,] or an 
20indicated report[, founded report for school employee or 
21indicated report for school employee] of child abuse.

22* * *

23Section <-3 7. Section 6344.2(b) of Title 23 is amended and 
24the section is amended by adding a subsection to read:

25§ 6344.2. Information relating to other persons having contact
26with children.

27* * *

28(a.1) School employees.--This section shall apply to school
29employees as follows:

30(1) School employees governed by the provisions of the

1act of March 10, 1949 (P.L.30, No.14), known as the Public
2School Code of 1949, shall be subject to the provisions of
3section 111 of the Public School Code of 1949, except that
4this section shall apply with regard to the information
5required under section 6344(b)(2) (relating to information
6relating to prospective child-care personnel).

7(2) School employees not governed by the provisions of
8the Public School Code of 1949 shall be governed by this
9section.

<-10(3) This section shall not apply to any of the
11following:

12(i)  A school employee who is:

13(A)  under 21 years of age;

14(B)  participating in a job development or job
15training program; and

16(C)  employed for not more than 90 days.

17(ii)  A school employee hired on a provisional basis
18pending receipt of any information required under this
19section if all of the following apply:

20(A)  The applicant demonstrates application for
21any information required by this section.

22(B)  The applicant attests in writing by oath or
23affirmation that the applicant is not disqualified
24under this chapter.

25(C)  The administrator has no knowledge of
26information which would disqualify the applicant
27under this chapter.

28(D) The administrator requires that the
29applicant not be permitted to work alone with
30children and the applicant work in the immediate

1vicinity of a permanent employee.

2(E) The provisional period does not exceed:

3(I)  90 days for an applicant from another
4state; and

5(II)  30 days for all other applicants.

6(F) The hiring does not take place during a
7strike under the act of July 23, 1970 (P.L.563,
8No.195), known as the Public Employe Relations Act.

9(iii) A school employee who transfers from one
10position to another in the same school or school district
11and:

12(A) has, prior to the transfer, already provided
13any information required by this chapter; and

14(B) is not disqualified from employment under
15this chapter.

16(b) Investigation.--Employers, administrators or supervisors 
<-17or other persons responsible for employment decisions or 
18selection of volunteers shall require an applicant to submit to
19all requirements set forth in section 6344(b) [(relating to
20information relating to prospective child-care personnel)] 
<-21except as provided in subsection (b.1). An employer,
22administrator, supervisor or other person responsible for
23employment decisions <-or selection of volunteers regarding an
24applicable prospective employee <-or volunteer under this section
25that intentionally fails to require the submissions before
26hiring that individual commits a misdemeanor of the third
27degree.

28* * *

29Section <-4 8. Sections 6346(b) and (c) and 6347(a) and (b) of
30Title 23<-, amended April 7, 2014 (P.L. , No.29), are amended to

1read:

2§ 6346. Cooperation of other agencies.

3* * *

<-4(b) Willful failure to cooperate.--Any agency, school
5[district] or facility or any person acting on behalf of an
6agency, school [district] or facility that violates this section
7by willfully failing to cooperate with the department or a
8county agency when investigating a report of suspected child
9abuse [or a report under Subchapter C.1 (relating to students in
10public and private schools)] or when assessing <-safety or risk to
11a child commits a [summary offense<-] misdemeanor of the third
12degree for a first violation and a misdemeanor of the [third<-]
13second degree for subsequent violations.

14(c) Cooperation of county agency and law enforcement
15[agencies<-] officials.--Consistent with the provisions of this
16chapter, the county agency and law enforcement [agencies<-]
17officials shall cooperate and coordinate, to the fullest extent
18possible, their efforts to respond to and investigate reports of
19suspected child abuse [and to reports under Subchapter C.1].

20* * *

21§ 6347. Reports to Governor and General Assembly.

22(a) General rule.--No later than May 1 of every year, the
23secretary shall prepare and transmit to the Governor and the
24General Assembly a report on the operations of the <-[central
25register of child<-] Statewide database and abuse and child
26protective services provided by county agencies. The report
27shall include a full statistical analysis of the reports of
28suspected child abuse made to the department [and the reports
29under Subchapter C.1 (relating to students in public and private
30schools)]<-, the reports of general protective services made to

1the department or county agencies, together with a report on the
2implementation of this chapter and its total cost to the
3Commonwealth, the evaluation of the secretary of services
4offered under this chapter and recommendations for repeal or for
5additional legislation to fulfill the purposes of this chapter.
6All such recommendations should contain an estimate of increased
7or decreased costs resulting therefrom. The report shall also
8include an explanation of services provided to children who were
9the subjects of founded or indicated reports while receiving
10child-care services. The department shall also describe its
11actions in respect to the perpetrators of the abuse.

<-12(b) Willful failure to cooperate.--Any agency, school
13[district] or facility or any person acting on behalf of an
14agency, school [district] or facility that violates this section
15by willfully failing to cooperate with the department or a
16county agency when investigating a report of suspected child
17abuse [or a report under Subchapter C.1 (relating to students in
18public and private schools)] or when assessing safety or risk to
19a child commits a misdemeanor of the third degree for a first
20violation and a misdemeanor of the second degree for subsequent
21violations.

22(c) Cooperation of county agency and law enforcement
23officials.--Consistent with the provisions of this chapter, the
24county agency and law enforcement officials shall cooperate and
25coordinate, to the fullest extent possible, their efforts to
26respond to and investigate reports of suspected child abuse [and
27to reports under Subchapter C.1].

28* * *

29§ 6347. Reports to Governor and General Assembly.

30(a) General rule.--No later than May 1 of every year, the
 

1secretary shall prepare and transmit to the Governor and the 
2General Assembly a report on the operations of the Statewide 
3database and protective services provided by county agencies. 
4The report shall include a full statistical analysis of the 
5reports of suspected child abuse made to the department[,] and 
6the reports of general protective services made to the 
7department or county agencies [and the reports under Subchapter 
8C.1 (relating to students in public and private schools)], 
9together with a report on the implementation of this chapter and 
10its total cost to the Commonwealth, the evaluation of the 
11secretary of services offered under this chapter and 
12recommendations for repeal or for additional legislation to 
13fulfill the purposes of this chapter. All such recommendations 
14should contain an estimate of increased or decreased costs 
15resulting therefrom. The report shall also include an 
16explanation of services provided to children who were the 
17subjects of founded or indicated reports while receiving child-
18care services. The department shall also describe its actions in 
19respect to the perpetrators of the abuse.

20(b) Reports from county agencies.--To assist the department
21in preparing its annual report and the quarterly reports
22required under subsection (c), each county agency shall submit a
23quarterly report to the department, including, at a minimum, the
24following information, on an aggregate basis, regarding general
25protective services[,] and child protective services [and action
26under Subchapter C.1]:

27(1) The number of referrals received and referrals
28accepted.

29(2) The number of children over whom the agency
30maintains continuing supervision.

1(3) The number of cases which have been closed by the
2agency.

3(4) The services provided to children and their
4families.

5(5) A summary of the findings with nonidentifying
6information about each case of child abuse or neglect which
7has resulted in a child fatality or near fatality.

8* * *

<-9Section 5. Subchapter C.1 heading of Chapter 63 of Title 23
10is repealed:

11[SUBCHAPTER C.1

12STUDENTS IN PUBLIC AND PRIVATE SCHOOLS]

13Section 6. Sections 6351, 6352, 6353, 6353.1, 6353.2, 6353.3
14and 6353.4 of Title 23 are repealed:

15[§ 6351. Definitions.

16The following words and phrases when used in this subchapter
17shall have the meanings given to them in this section unless the
18context clearly indicates otherwise:

19"Administrator." The person responsible for the
20administration of a public or private school, intermediate unit
21or area vocational-technical school. The term includes an
22independent contractor.

23§ 6352. School employees.

24(a) Requirement.--

25(1) Except as provided in paragraph (2), a school
26employee who has reasonable cause to suspect, on the basis of
27professional or other training and experience, that a student
28coming before the school employee in the employee's
29professional or official capacity is a victim of serious
30bodily injury or sexual abuse or sexual exploitation by a

1school employee shall immediately contact the administrator.

2(2) If the school employee accused of seriously injuring
3or sexually abusing or exploiting a student is the
4administrator, the school employee who has reasonable cause
5to suspect, on the basis of professional or other training
6and experience, that a student coming before the school
7employee in the employee's professional or official capacity
8is a victim of serious bodily injury or sexual abuse or
9sexual exploitation shall immediately report to law
10enforcement officials and the district attorney under section
116353(a) (relating to administration). If an administrator is
12the school employee who suspects injury or abuse, the
13administrator shall make a report under section 6353(a).

14(3) The school employee may not reveal the existence or
15content of the report to any other person.

16(b) Immunity.--A school employee who refers a report under
17subsection (a) shall be immune from civil and criminal liability
18arising out of the report.

19(c) Criminal penalty.--

20(1) A school employee who willfully violates subsection
21(a) commits a summary offense.

22(2) A school employee who, after being sentenced under
23paragraph (1), violates subsection (a) commits a misdemeanor
24of the third degree.

25§ 6353. Administration.

26(a) Requirement.--An administrator and a school employee
27governed by section 6352(a)(2) (relating to school employees)
28shall report immediately to law enforcement officials and the
29appropriate district attorney any report of serious bodily
30injury or sexual abuse or sexual exploitation alleged to have

1been committed by a school employee against a student.

2(b) Report.--A report under subsection (a) shall include the
3following information:

4(1) Name, age, address and school of the student.

5(2) Name and address of the student's parent or
6guardian.

7(3) Name and address of the administrator.

8(4) Name, work and home address of the school employee.

9(5) Nature of the alleged offense.

10(6) Any specific comments or observations that are
11directly related to the alleged incident and the individuals
12involved.

13(c) Immunity.--An administrator who makes a report under
14subsection (a) shall be immune from civil or criminal liability
15arising out of the report.

16(d) Criminal penalty.--An administrator who willfully
17violates subsection (a) commits a misdemeanor of the third
18degree.

19§ 6353.1. Investigation.

20(a) General rule.--Upon receipt of a report under section
216353 (relating to administration), an investigation shall be
22conducted by law enforcement officials, in cooperation with the
23district attorney, and a determination made as to what criminal
24charges, if any, will be filed against the school employee.

25(b) Referral to county agency.--

26(1) If local law enforcement officials have reasonable
27cause to suspect on the basis of initial review that there is
28evidence of serious bodily injury, sexual abuse or sexual
29exploitation committed by a school employee against a
30student, local law enforcement officials shall notify the

1county agency in the county where the alleged abuse or injury
2occurred for the purpose of the agency conducting an
3investigation of the alleged abuse or injury.

4(2) To the fullest extent possible, law enforcement
5officials and the county agency shall coordinate their
6respective investigations. In respect to interviews with the
7student, law enforcement officials and the county agency
8shall conduct joint interviews. In respect to interviews with
9the school employee, law enforcement officials shall be given
10an opportunity to interview the school employee prior to the
11employee having any contact with the county agency.

12(3) The county agency and law enforcement officials have
13the authority to arrange for photographs, medical tests or X-
14rays of a student alleged to have been abused or injured by a
15school employee. The county agency and law enforcement
16officials shall coordinate their efforts in this regard and,
17to the fullest extent possible, avoid the duplication of any
18photographs, medical tests or X-rays.

19(4) Law enforcement officials and the county agency
20shall advise each other of the status and findings of their
21respective investigations on an ongoing basis.

22§ 6353.2. Responsibilities of county agency.

23(a) Information for the pending complaint file.--Immediately
24after receiving a report under section 6353.1 (relating to
25investigation), the county agency shall notify the department of
26the receipt of the report, which is to be filed in the pending
27complaint file as provided in section 6331(1) (relating to
28establishment of pending complaint file, Statewide central
29register and file of unfounded reports). The oral report shall
30include the following information:

1(1) The name and address of the student and the
2student's parent or guardian.

3(2) Where the suspected abuse or injury occurred.

4(3) The age and sex of the student.

5(4) The nature and extent of the suspected abuse or
6injury.

7(5) The name and home address of the school employee
8alleged to have committed the abuse or injury.

9(6) The relationship of the student to the school
10employee alleged to have committed the abuse or injury.

11(7) The source of the report to the county agency.

12(8) The actions taken by the county agency, law
13enforcement officials, parents, guardians, school officials
14or other persons, including the taking of photographs,
15medical tests and X-rays.

16(b) Investigation of reports.--Upon receipt of a report
17under section 6353.1, the county agency shall commence, within
18the time frames established in department regulations, an
19investigation of the nature, extent and cause of any alleged
20abuse or injury enumerated in the report. The county agency
21shall coordinate its investigation to the fullest extent
22possible with law enforcement officials as provided in section
236353.1(b).

24(c) Completion of investigation.--The investigation by the
25county agency to determine whether the report is an indicated
26report for school employee or an unfounded report shall be
27completed within 60 days.

28(d) Notice to subject of a report.--Prior to interviewing a
29subject of the report, the county agency shall orally notify the
30subject of the report of the existence of the report and the

1subject's rights under this chapter in regard to amendment or
2expungement. Within 72 hours following oral notification to the
3subject, the county agency shall give written notice to the
4subject. The notice may be reasonably delayed if notification is
5likely to threaten the safety of the student or the county
6agency worker, to cause the school employee to abscond or to
7significantly interfere with the conduct of a criminal
8investigation.

9(e) Reliance on factual investigation.--The county agency
10may rely on a factual investigation of substantially the same
11allegations by a law enforcement officials to support the
12agency's finding. This reliance shall not relieve the county
13agency of its responsibilities relating to the investigation of
14reports under this subchapter.

15(f) Notice to the department of the county agency's
16determination.--As soon as the county agency has completed its
17investigation, the county agency shall advise the department and
18law enforcement officials of its determination of the report as
19an indicated report for school employee or an unfounded report.
20Supplemental reports shall be made at regular intervals
21thereafter in a manner and form the department prescribes by
22regulation to the end that the department is kept fully informed
23and up-to-date concerning the status of the report.

24§ 6353.3. Information in Statewide central register.

25The Statewide central register established under section 6331
26(relating to establishment of pending complaint file, Statewide
27central register and file of unfounded reports) shall retain
28only the following information relating to reports of abuse or
29injury of a student by a school employee which have been
30determined to be a founded report for school employee or an

1indicated report for school employee:

2(1) The names, Social Security numbers, age and sex of
3the subjects of the report.

4(2) The home address of the subjects of the report.

5(3) The date and the nature and extent of the alleged
6abuse or injury.

7(4) The county and state where the abuse or injury
8occurred.

9(5) Factors contributing to the abuse or injury.

10(6) The source of the report.

11(7) Whether the report is a founded or indicated report.

12(8) Information obtained by the department in relation
13to the school employee's request to release, amend or expunge
14information retained by the department or the county agency.

15(9) The progress of any legal proceedings brought on the
16basis of the report.

17(10) Whether a criminal investigation has been
18undertaken and the result of the investigation and of any
19criminal prosecution.

20§ 6353.4. Other provisions.

21The following provisions shall apply to the release and
22retention of information by the department and the county agency
23concerning reports of abuse or injury committed by a school
24employee as provided by this subchapter:

25Section 6336(b) and (c) (relating to information in Statewide
26central register).

27Section 6337 (relating to disposition of unfounded reports).

28Section 6338(a) and (b) (relating to disposition of founded
29and indicated reports).

30Section 6339 (relating to confidentiality of reports).

1Section 6340 (relating to release of information in
2confidential reports).

3Section 6341(a) through (f) (relating to amendment or
4expunction of information).

5Section 6342 (relating to studies of data in records).]

6Section 7. Subchapter C.2 heading of Chapter 63 of Title 23
7is repealed:

8[SUBCHAPTER C.2

9BACKGROUND CHECKS FOR EMPLOYMENT IN SCHOOLS]

10Section 8. Sections 6354, 6355, 6356, 6357 and 6358 are
11repealed:

12[§ 6354. Definitions.

13The following words and phrases when used in this subchapter
14shall have the meanings given to them in this section unless the
15context clearly indicates otherwise:

16"Applicant." An individual who applies for a position as a
17school employee. The term includes an individual who transfers
18from one position as a school employee to another position as a
19school employee.

20"Administrator." The person responsible for the
21administration of a public or private school, intermediate unit
22or area vocational-technical school. The term includes a person
23responsible for employment decisions in a school and an
24independent contractor.

25§ 6355. Requirement.

26(a) Investigation.--

27(1) Except as provided in paragraph (2), an
28administrator shall require each applicant to submit an
29official clearance statement obtained from the department
30within the immediately preceding year as to whether the

1applicant is named as the perpetrator of an indicated or a
2founded report or is named as the individual responsible for
3injury or abuse in an indicated report for school employee or
4a founded report for school employee.

5(2) The official clearance statement under paragraph (1)
6shall not be required for an applicant who:

7(i) transfers from one position as a school employee
8to another position as a school employee of the same
9school district or of the same organization; and

10(ii) has, prior to the transfer, already obtained
11the official clearance statement under paragraph (1).

12(b) Grounds for denying employment.--Except as provided in
13section 6356 (relating to exceptions), an administrator shall
14not hire an applicant if the department verifies that the
15applicant is named as the perpetrator of a founded report or is
16named as the individual responsible for injury or abuse in a
17founded report for school employee. No individual who is a
18school employee on the effective date of this subchapter shall
19be required to obtain an official clearance statement under
20subsection (a)(1) as a condition of continued employment.

21(c) Penalty.--An administrator who willfully violates this
22section shall be subject to an administrative penalty of $2,500.
23An action under this subsection is governed by 2 Pa.C.S. Ch. 5
24Subch. A (relating to practice and procedure of Commonwealth
25agencies) and Ch. 7 Subch. A (relating to judicial review of
26Commonwealth agency action).

27§ 6356. Exceptions.

28Section 6355 (relating to requirement) shall not apply to any
29of the following:

30(1) A school employee who is:

1(i) under 21 years of age;

2(ii) participating in a job development or job
3training program; and

4(iii) employed for not more than 90 days.

5(2) A school employee hired on a provisional basis
6pending receipt of information under section 6355(a) if all
7of the following apply:

8(i) The applicant demonstrates application for the
9official clearance statement under section 6355(a).

10(ii) The applicant attests in writing by oath or
11affirmation that the applicant is not disqualified under
12section 6355(b).

13(iii) The administrator has no knowledge of
14information which would disqualify the applicant under
15section 6355(b).

16(iv) The provisional period does not exceed:

17(A) 90 days for an applicant from another state;
18and

19(B) 30 days for all other applicants.

20(v) The hiring does not take place during a strike
21under the act of July 23, 1970 (P.L.563, No.195), known
22as the Public Employe Relations Act.

23§ 6357. Fee.

24The department may charge a fee of not more than $10 for the
25official clearance statement required under section 6355(a)
26(relating to requirement).

27§ 6358. Time limit for official clearance statement.

28The department shall comply with the official clearance
29statement requests under section 6355(a) (relating to
30requirement) within 14 days of receipt of the request.]

1Section 9. The following apply:

2(1) The amendment of 23 Pa.C.S. §§ 6331, 6333, 6334(c),
36335(a), 6337(c), 6338(c), 6344(b)(2), (c)(1), (o) and (p),
46344.1(b), 6346(b) and (c) and 6347(a) and (b) shall not affect
5any report, complaint, information or record created or
6initiated prior to the effective date of this section.

7(2) The amendment of 23 Pa.C.S. §§ 6336(a)(11), 6338(c) and
86341(a)(2) and (c) is necessary as a result of the repeal of 23
9Pa.C.S. Ch. 63 Subch. C.1. Any reference to "perpetrator" in 23
10Pa.C.S. §§ 6336(a)(11), 6338(c) and 6341(a)(2) and (c), as
11amended, is intended to include a school employee who was the
12subject of an indicated or founded report prior to the effective
13date of this section.

14(3) The amendment of 23 Pa.C.S. § 6341(f) is necessary as a
15result of the repeal of 23 Pa.C.S. Ch. 63 Subch. C.1. Any
16reference to "local child abuse record" in 23 Pa.C.S. § 6341(f),
17as amended, is intended to include school employee records that
18included reports of child abuse recorded prior to the effective
19date of this section.

20(4) The repeal of 23 Pa.C.S. Ch. 63 Subchs. C.1 and C.2 is
21not intended to affect any procedure, disposition or other
22action taken or initiated prior to the effective date of this
23section.

24Section 10. This act shall take effect in 60 days.

<-25Section 9. Subchapter C.1 heading of Chapter 63 of Title 23 
26is repealed:

27[SUBCHAPTER C.1

28STUDENTS IN PUBLIC AND PRIVATE SCHOOLS]

29Section 10. Sections 6351, 6352, 6353 and 6353.1 of Title 23
30are repealed:

1[§ 6351. Definitions.

2The following words and phrases when used in this subchapter
3shall have the meanings given to them in this section unless the
4context clearly indicates otherwise:

5"Administrator." The person responsible for the
6administration of a public or private school, intermediate unit
7or area vocational-technical school. The term includes an
8independent contractor.

9§ 6352. School employees.

10(a) Requirement.--

11(1) Except as provided in paragraph (2), a school
12employee who has reasonable cause to suspect, on the basis of
13professional or other training and experience, that a student
14coming before the school employee in the employee's
15professional or official capacity is a victim of serious
16bodily injury or sexual abuse or sexual exploitation by a
17school employee shall immediately contact the administrator.

18(2) If the school employee accused of seriously injuring
19or sexually abusing or exploiting a student is the
20administrator, the school employee who has reasonable cause
21to suspect, on the basis of professional or other training
22and experience, that a student coming before the school
23employee in the employee's professional or official capacity
24is a victim of serious bodily injury or sexual abuse or
25sexual exploitation shall immediately report to law
26enforcement officials and the district attorney under section
276353(a) (relating to administration). If an administrator is
28the school employee who suspects injury or abuse, the
29administrator shall make a report under section 6353(a).

30(3) The school employee may not reveal the existence or

1content of the report to any other person.

2(b) Immunity.--A school employee who refers a report under
3subsection (a) shall be immune from civil and criminal liability
4arising out of the report.

5(c) Criminal penalty.--

6(1) A school employee who willfully violates subsection
7(a) commits a summary offense.

8(2) A school employee who, after being sentenced under
9paragraph (1), violates subsection (a) commits a misdemeanor
10of the third degree.

11§ 6353. Administration.

12(a) Requirement.--An administrator and a school employee
13governed by section 6352(a)(2) (relating to school employees)
14shall report immediately to law enforcement officials and the
15appropriate district attorney any report of serious bodily
16injury or sexual abuse or sexual exploitation alleged to have
17been committed by a school employee against a student.

18(b) Report.--A report under subsection (a) shall include the
19following information:

20(1) Name, age, address and school of the student.

21(2) Name and address of the student's parent or
22guardian.

23(3) Name and address of the administrator.

24(4) Name, work and home address of the school employee.

25(5) Nature of the alleged offense.

26(6) Any specific comments or observations that are
27directly related to the alleged incident and the individuals
28involved.

29(c) Immunity.--An administrator who makes a report under
30subsection (a) shall be immune from civil or criminal liability

1arising out of the report.

2(d) Criminal penalty.--An administrator who willfully
3violates subsection (a) commits a misdemeanor of the third
4degree.

5§ 6353.1. Investigation.

6(a) General rule.--Upon receipt of a report under section
76353 (relating to administration), an investigation shall be
8conducted by law enforcement officials, in cooperation with the
9district attorney, and a determination made as to what criminal
10charges, if any, will be filed against the school employee.

11(b) Referral to county agency.--

12(1) If local law enforcement officials have reasonable
13cause to suspect on the basis of initial review that there is
14evidence of serious bodily injury, sexual abuse or sexual
15exploitation committed by a school employee against a
16student, local law enforcement officials shall notify the
17county agency in the county where the alleged abuse or injury
18occurred for the purpose of the agency conducting an
19investigation of the alleged abuse or injury.

20(2) To the fullest extent possible, law enforcement
21officials and the county agency shall coordinate their
22respective investigations. In respect to interviews with the
23student, law enforcement officials and the county agency
24shall conduct joint interviews. In respect to interviews with
25the school employee, law enforcement officials shall be given
26an opportunity to interview the school employee prior to the
27employee having any contact with the county agency.

28(3) The county agency and law enforcement officials have
29the authority to arrange for photographs, medical tests or X-
30rays of a student alleged to have been abused or injured by a

1school employee. The county agency and law enforcement
2officials shall coordinate their efforts in this regard and,
3to the fullest extent possible, avoid the duplication of any
4photographs, medical tests or X-rays.

5(4) Law enforcement officials and the county agency
6shall advise each other of the status and findings of their
7respective investigations on an ongoing basis.]

8Section 11. Sections 6353.2 and 6353.3 of Title 23, amended
9December 18, 2013 (P.L.1201, No.119), are repealed:

10[§ 6353.2. Responsibilities of county agency.

11(a) Information for the pending complaint file.--Immediately
12after receiving a report under section 6353.1 (relating to
13investigation), the county agency shall notify the department of
14the receipt of the report, which is to be filed in the pending
15complaint file as provided in section 6331(1) (relating to
16establishment of pending complaint file, Statewide central
17register and file of unfounded reports). The oral report shall
18include the following information:

19(1) The name and address of the student and the
20student's parent or guardian.

21(2) Where the suspected abuse or injury occurred.

22(3) The age and sex of the student.

23(4) The nature and extent of the suspected abuse or
24injury.

25(5) The name and home address of the school employee
26alleged to have committed the abuse or injury.

27(6) The relationship of the student to the school
28employee alleged to have committed the abuse or injury.

29(7) The source of the report to the county agency.

30(8) The actions taken by the county agency, law

1enforcement officials, parents, guardians, school officials
2or other persons, including the taking of photographs,
3medical tests and X-rays.

4(b) Investigation of reports.--Upon receipt of a report
5under section 6353.1, the county agency shall commence, within
6the time frames established in department regulations, an
7investigation of the nature, extent and cause of any alleged
8abuse or injury enumerated in the report. The county agency
9shall coordinate its investigation to the fullest extent
10possible with law enforcement officials as provided in section
116353.1(b).

12(c) Completion of investigation.--The investigation by the
13county agency to determine whether the report is an indicated
14report for school employee or an unfounded report shall be
15completed within 60 days.

16(d) Notice to subject of a report.--Prior to interviewing a
17subject of the report, the county agency shall orally notify the
18subject of the report of the existence of the report and the
19subject's rights under this chapter in regard to amendment or
20expungement. Within 72 hours following oral notification to the
21subject, the county agency shall give written notice to the
22subject. The notice may be reasonably delayed if notification is
23likely to threaten the safety of the student or the county
24agency worker, to cause the school employee to abscond or to
25significantly interfere with the conduct of a criminal
26investigation.

27(e) Reliance on factual investigation.--The county agency
28may rely on a factual investigation of substantially the same
29allegations by a law enforcement officials to support the
30agency's finding. This reliance shall not relieve the county

1agency of its responsibilities relating to the investigation of
2reports under this subchapter.

3(f) Notice to the department of the county agency's
4determination.--As soon as the county agency has completed its
5investigation, the county agency shall advise the department and
6law enforcement officials of its determination of the report as
7an indicated report for school employee or an unfounded report.
8Supplemental reports shall be made at regular intervals
9thereafter in a manner and form the department prescribes by
10regulation to the end that the department is kept fully informed
11and up-to-date concerning the status of the report.

12§ 6353.3. Information in Statewide central register.

13The Statewide central register established under section 6331
14(relating to establishment of pending complaint file, Statewide
15central register and file of unfounded reports) shall retain
16only the following information relating to reports of abuse or
17injury of a student by a school employee which have been
18determined to be a founded report for school employee or an
19indicated report for school employee:

20(1) The names, Social Security numbers, age and sex of
21the subjects of the report.

22(2) The home address of the subjects of the report.

23(3) The date and the nature and extent of the alleged
24abuse or injury.

25(4) The county and state where the abuse or injury
26occurred.

27(5) Factors contributing to the abuse or injury.

28(6) The source of the report.

29(7) Whether the report is a founded or indicated report.

30(8) Information obtained by the department in relation

1to the school employee's request to release, amend or expunge
2information retained by the department or the county agency.

3(9) The progress of any legal proceedings brought on the
4basis of the report.

5(10) Whether a criminal investigation has been
6undertaken and the result of the investigation and of any
7criminal prosecution.]

8Section 12. Section 6353.4 of Title 23 is repealed:

9[§ 6353.4. Other provisions.

10The following provisions shall apply to the release and
11retention of information by the department and the county agency
12concerning reports of abuse or injury committed by a school
13employee as provided by this subchapter:

14Section 6336(b) and (c) (relating to information in Statewide
15central register).

16Section 6337 (relating to disposition of unfounded reports).

17Section 6338(a) and (b) (relating to disposition of founded
18and indicated reports).

19Section 6339 (relating to confidentiality of reports).

20Section 6340 (relating to release of information in
21confidential reports).

22Section 6341(a) through (f) (relating to amendment or
23expunction of information).

24Section 6342 (relating to studies of data in records).]

25Section 13. Subchapter C.2 heading of Chapter 63 of Title 23
26is repealed:

27[SUBCHAPTER C.2

28BACKGROUND CHECKS FOR EMPLOYMENT IN SCHOOLS]

29Section 14. Sections 6354, 6355, 6356, 6357 and 6358 of
30Title 23 are repealed:

1[§ 6354. Definitions.

2The following words and phrases when used in this subchapter
3shall have the meanings given to them in this section unless the
4context clearly indicates otherwise:

5"Applicant." An individual who applies for a position as a
6school employee. The term includes an individual who transfers
7from one position as a school employee to another position as a
8school employee.

9"Administrator." The person responsible for the
10administration of a public or private school, intermediate unit
11or area vocational-technical school. The term includes a person
12responsible for employment decisions in a school and an
13independent contractor.

14§ 6355. Requirement.

15(a) Investigation.--

16(1) Except as provided in paragraph (2), an
17administrator shall require each applicant to submit an
18official clearance statement obtained from the department
19within the immediately preceding year as to whether the
20applicant is named as the perpetrator of an indicated or a
21founded report or is named as the individual responsible for
22injury or abuse in an indicated report for school employee or
23a founded report for school employee.

24(2) The official clearance statement under paragraph (1)
25shall not be required for an applicant who:

26(i) transfers from one position as a school employee
27to another position as a school employee of the same
28school district or of the same organization; and

29(ii) has, prior to the transfer, already obtained
30the official clearance statement under paragraph (1).

1(b) Grounds for denying employment.--Except as provided in
2section 6356 (relating to exceptions), an administrator shall
3not hire an applicant if the department verifies that the
4applicant is named as the perpetrator of a founded report or is
5named as the individual responsible for injury or abuse in a
6founded report for school employee. No individual who is a
7school employee on the effective date of this subchapter shall
8be required to obtain an official clearance statement under
9subsection (a)(1) as a condition of continued employment.

10(c) Penalty.--An administrator who willfully violates this
11section shall be subject to an administrative penalty of $2,500.
12An action under this subsection is governed by 2 Pa.C.S. Ch. 5
13Subch. A (relating to practice and procedure of Commonwealth
14agencies) and Ch. 7 Subch. A (relating to judicial review of
15Commonwealth agency action).

16§ 6356. Exceptions.

17Section 6355 (relating to requirement) shall not apply to any
18of the following:

19(1) A school employee who is:

20(i) under 21 years of age;

21(ii) participating in a job development or job
22training program; and

23(iii) employed for not more than 90 days.

24(2) A school employee hired on a provisional basis
25pending receipt of information under section 6355(a) if all
26of the following apply:

27(i) The applicant demonstrates application for the
28official clearance statement under section 6355(a).

29(ii) The applicant attests in writing by oath or
30affirmation that the applicant is not disqualified under

1section 6355(b).

2(iii) The administrator has no knowledge of
3information which would disqualify the applicant under
4section 6355(b).

5(iv) The provisional period does not exceed:

6(A) 90 days for an applicant from another state;
7and

8(B) 30 days for all other applicants.

9(v) The hiring does not take place during a strike
10under the act of July 23, 1970 (P.L.563, No.195), known
11as the Public Employe Relations Act.

12§ 6357. Fee.

13The department may charge a fee of not more than $10 for the
14official clearance statement required under section 6355(a)
15(relating to requirement).

16§ 6358. Time limit for official clearance statement.

17The department shall comply with the official clearance
18statement requests under section 6355(a) (relating to
19requirement) within 14 days of receipt of the request.]

20Section 15. Repeals are as follows:

21(1) The General Assembly declares that the repeal under
22paragraph (2) is necessary to effectuate the reenactment and
23amendment of 23 Pa.C.S. § 6341.

24(2) Section 6 of the act of December 18, 2013 (P.L.1201,
25No.119), entitled "An act amending Title 23 (Domestic 
26Relations) of the Pennsylvania Consolidated Statutes, in 
27child protective services, further providing for definitions, 
28for immunity from liability, for establishment of pending 
29complaint file, for Statewide central register and file of 
30unfounded reports and for amendment or expunction of
 

1information; and making editorial changes," is repealed.

2Section 16. Notwithstanding section 7(2) of the act of 
3December 18, 2013 (P.L.1201, No.119), entitled "An act amending 
4Title 23 (Domestic Relations) of the Pennsylvania Consolidated 
5Statutes, in child protective services, further providing for 
6definitions, for immunity from liability, for establishment of 
7pending complaint file, for Statewide central register and file 
8of unfounded reports and for amendment or expunction of 
9information; and making editorial changes," the provisions of 23 
10Pa.C.S. § 6341(c.1), (c.2), (c.3), (c.4) and (g) shall apply on 
11and after December 31, 2014.

<-12Section 17. Notwithstanding section 4 of the act of April
1315, 2014 (P.L. , No.32), entitled "An act amending Title 23 
14(Domestic Relations) of the Pennsylvania Consolidated Statutes, 
15in child protective services, further providing for persons 
16required to report suspected child abuse; providing for 
17privileged communications; and further providing for penalties 
18for failure to report or to refer," the amendment or addition of
19the following provisions of the act of April 15, 2014 (P.L.,
20No.32), shall take effect December 31, 2014:

21(1) 23 Pa.C.S. § 6311(a) and (b).

22(2) 23 Pa.C.S. § 6311.1.

23(3) 23 Pa.C.S. § 6319.

24Section <-17 18. This act shall take effect as follows:

25(1) Sections 15 and, 16 <-and 17 of this act and this
26section shall take effect immediately.

27(2) The remainder of this act shall take effect December
2831, 2014.