1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child protective services, further
3providing for definitions; <-and providing for exclusions from 
4child abuse<-; and further providing for disposition of founded 
5and indicated reports, for release of information in 
6confidential reports and for investigation of reports<-; 
7further providing for disposition of founded and indicated 
8reports, for amendment or expunction of information, for 
9investigation of reports and for evidence in court 
10proceedings.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

<-13Section 1. The definitions of "child," "nonaccidental,"
14"perpetrator," "person responsible for the child's welfare,"
15"recent acts or omissions," "serious physical injury" and
16"sexual abuse or exploitation" in section 6303(a) of Title 23 of
17the Pennsylvania Consolidated Statutes are amended, subsection
18(a) is amended by adding definitions, subsection (b) is amended
19and the section is amended by adding a subsection to read:

<-20Section 1. The definitions of "child," "founded report,"
 

1"indicated report," "nonaccidental," "recent acts or omissions," 
2"serious physical injury" and "sexual abuse or exploitation" in 
3section 6303(a) of Title 23 of the Pennsylvania Consolidated 
4Statutes are amended, subsection (a) is amended by adding 
5definitions, subsection (b) is amended and the section is 
6amended by adding subsections to read:

7§ 6303. Definitions.

8(a) General rule.--The following words and phrases when used
9in this chapter shall have the meanings given to them in this
10section unless the context clearly indicates otherwise:

11* * *

12"Bodily injury." Impairment of physical condition or
13substantial pain.

14"Child." <-[Includes] An individual under 18 years of age. The 
15term includes a newborn. <-[Includes a newborn.] An individual 
16under 18 years of age.

17* * *

<-18"Founded report." [A child abuse report made pursuant to
19this chapter if there has been any judicial adjudication based
20on a finding that a child who is a subject of the report has
21been abused, including the entry of a plea of guilty or nolo
22contendere or a finding of guilt to a criminal charge involving
23the same factual circumstances involved in the allegation of
24child abuse.] A child abuse report involving a perpetrator that 
25is made pursuant to this chapter, if any of the following 
26applies:

27(1) There has been a judicial adjudication based on a
28finding that a child who is a subject of the report has been
29abused and the adjudication involves the same factual
30circumstances involved in the allegation of child abuse. The

1judicial adjudication may include any of the following:

2(i) The entry of a plea of guilty or nolo
3contendere.

4(ii) A finding of guilt to a criminal charge.

5(iii)  A finding of dependency under 42 Pa.C.S. §
66341 (relating to adjudication) if the court has entered
7a finding that a child who is the subject of the report
8has been abused.

9(iv) A finding of delinquency under 42 Pa.C.S. §
106341 if the court has entered a finding that the child
11who is the subject of the report has been abused by the
12child who was found to be delinquent.

13(2) There has been an acceptance into an accelerated
14rehabilitative disposition program and the reason for the
15acceptance involves the same factual circumstances involved
16in the allegation of child abuse.

17(3) There has been a consent decree entered in a
18juvenile proceeding under 42 Pa.C.S. Ch. 63 (relating to
19juvenile matters), the decree involves the same factual
20circumstances involved in the allegation of child abuse and
21the terms and conditions of the allegation include an
22acknowledgment, admission or finding that a child who is the
23subject of the report has been abused by the child who is
24alleged to be delinquent.

25(4) A final protection from abuse order has been granted
26under section 6108 (relating to relief), when the child who
27is a subject of the report is one of the individuals
28protected under the protection from abuse order and:

29(i) only one individual is charged with the abuse in
30the protection from abuse action;

1(ii) only that individual defends against the
2charge;

3(iii) the adjudication involves the same factual
4circumstances involved in the allegation of child abuse;
5and

6(iv) the protection from abuse adjudication finds
7that the child abuse occurred.

8* * *

9"Indicated report." [A child abuse report made pursuant to
10this chapter if an investigation by the county agency or the
11Department of Public Welfare determines that substantial
12evidence of the alleged abuse exists based on any of the
13following:

14(1) Available medical evidence.

15(2) The child protective service investigation.

16(3) An admission of the acts of abuse by the
17perpetrator.]

18(1) Subject to paragraphs (2) and (3), a report of child
19abuse made pursuant to this chapter if an investigation by
20the Department of Public Welfare or county agency determines
21that substantial evidence of the alleged abuse by a
22perpetrator exists based on any of the following:

23(i) Available medical evidence.

24(ii) The child protective service investigation.

25(iii) An admission of the acts of abuse by the
26perpetrator.

27(2) A report may be indicated under paragraph (1)(i) or
28(ii) for any child who is the victim of child abuse,
29regardless of the number of alleged perpetrators.

30(3) A report may be indicated under paragraph (1)(i) or

1(ii) listing the perpetrator as "unknown" if substantial
2evidence of abuse by a perpetrator exists, but the department
3or county agency is unable to identify the specific
4perpetrator.

5* * *

6"Intentionally." The term shall have the same meaning as
7provided in 18 Pa.C.S. § 302 (relating to general requirements
8of culpability).

9"Knowingly." The term shall have the same meaning as 
10provided in 18 Pa.C.S. § 302 (relating to general requirements 
11of culpability).

12* * *

13["Nonaccidental." An injury that is the result of an
14intentional act that is committed with disregard of a
15substantial and unjustifiable risk.]

<-16"Peer." A person similar in age, grade level, physical
17maturity and developmental ability to another.

18"Perpetrator." A person who has committed child abuse and is
19a parent of a child, a person responsible for the welfare of a
20child, an individual residing in the same home as a child, a
21relative of the child or a paramour, spouse, former paramour or
22former spouse of a child's parent.

23"Person responsible for the child's welfare." A person who
24provides permanent or temporary care, supervision, mental health
25diagnosis or treatment, training or control of a child in lieu
26of parental care, supervision and control. [The term does not
27include a person who is employed by or provides services or
28programs in any public or private school, intermediate unit or
29area vocational-technical school.]

<-30"Parent." A biological parent, adoptive parent or legal

1guardian.

2* * *

<-3"Recent act." Any act committed within two years of the date
4of the report to the Department of Public Welfare or county
5agency.

6"Recent [acts or omissions." Acts or omissions] act or 
7failure to act." Any act or failure to act committed within two 
8years of the date of the report to the Department of Public 
9Welfare or county agency.

10"Recklessly." The term shall have the same meaning as
11provided in 18 Pa.C.S. § 302 (relating to general requirements
12of culpability).

<-13"Relative." A person who is 14 years of age or older and is
14related to the child within the third degree of consanguinity or
15affinity, whether or not the individual lives in the same home
16as the child.

17* * *

18["Serious physical injury." An injury that:

19(1) causes a child severe pain; or

20(2) significantly impairs a child's physical
21functioning, either temporarily or permanently.]

22"Serious physical neglect." Any of the following when
23committed by a perpetrator that endangers a child's life or
24health, threatens a child's well-being, causes bodily injury or
25impairs a child's health, development or functioning:

26(1) A repeated, prolonged or unconscionable <-egregious
27failure to supervise a child in a manner that is appropriate
28considering the child's developmental age and abilities.

29(2) The failure to provide a child with adequate
30essentials of life, including food, shelter or medical care.

1["Sexual abuse or exploitation." Any of the following:

2(1) The employment, use, persuasion, inducement,
3enticement or coercion of a child to engage in or assist
4another individual to engage in sexually explicit conduct.

5(2) The employment, use, persuasion, inducement,
6enticement or coercion of a child to engage in or assist
7another individual to engage in simulation of sexually
8explicit conduct for the purpose of producing visual
9depiction, including photographing, videotaping, computer
10depicting and filming.

11(3) Any of the following offenses committed against a
12child:

13(i) Rape.

14(ii) Sexual assault.

15(iii) Involuntary deviate sexual intercourse.

16(iv) Aggravated indecent assault.

17(v) Molestation.

18(vi) Incest.

19(vii) Indecent exposure.

20(viii) Prostitution.

21(ix) Sexual abuse.

22(x) Sexual exploitation.]

23"Sexual abuse or exploitation." Any of the following:

24(1) The employment, use, persuasion, inducement,
25enticement or coercion of a child to engage in or assist
26another individual to engage in sexually explicit conduct,
27which includes, but is not limited to, the following:

28(i) Looking at the sexual or other intimate parts of
29a child or another individual for the purpose of arousing
30or gratifying sexual desire in any individual.

1(ii) Participating in sexually explicit conversation 
2either in person, by telephone, by computer or by a 
3computer-aided device for the purpose of sexual 
4stimulation or gratification of any individual.

5(iii) Actual or simulated sexual activity or nudity
6for the purpose of sexual stimulation or gratification of
7any individual.

8(iv) Actual or simulated sexual activity for the
9purpose of producing visual depiction, including
10photographing, videotaping, computer depicting or
11filming.

12This paragraph does not include consensual activities between
13a child who is 14 years of age or older and another person
14who is 14 years of age or older and whose age is within four
15years of the child's age.

16(2) Any of the following offenses committed against a
17child:

18(i) Rape, as defined in 18 Pa.C.S. § 3121 (relating
19to rape).

20(ii) Statutory sexual assault, as defined in
2118 Pa.C.S. § 3122.1 (relating to statutory sexual
22assault).

23(iii) Involuntary deviate sexual intercourse, as
24defined in 18 Pa.C.S. § 3123 (relating to involuntary
25deviate sexual intercourse).

26(iv) Sexual assault, as defined in
2718 Pa.C.S. § 3124.1 (relating to sexual assault).

28(v) Institutional sexual assault, as defined in
2918 Pa.C.S. § 3124.2 (relating to institutional sexual
30assault).

1(vi) Aggravated indecent assault, as defined in
218 Pa.C.S. § 3125 (relating to aggravated indecent
3assault).

4(vii) Indecent assault, as defined in
518 Pa.C.S. § 3126 (relating to indecent assault).

6(viii) Indecent exposure, as defined in
718 Pa.C.S. § 3127 (relating to indecent exposure).

8(ix) Incest, as defined in 18 Pa.C.S. § 4302
9(relating to incest).

10(x) Prostitution, as defined in 18 Pa.C.S. § 5902
11(relating to prostitution and related offenses).

12(xi) Sexual abuse, as defined in 18 Pa.C.S. § 6312
13(relating to sexual abuse of children).

14(xii) Unlawful contact with a minor, as defined in
1518 Pa.C.S. § 6318 (relating to unlawful contact with
16minor).

17(xiii) Sexual exploitation, as defined in
1818 Pa.C.S. § 6320 (relating to sexual exploitation of
19children).

20* * *

<-21[(b) Child abuse.--

<-22[(1) The term "child abuse" shall mean any of the
23following:

24(i) Any recent act or failure to act by a
25perpetrator which causes nonaccidental serious physical
26injury to a child under 18 years of age.

27(ii) An act or failure to act by a perpetrator which
28causes nonaccidental serious mental injury to or sexual
29abuse or sexual exploitation of a child under 18 years of
30age.

1(iii) Any recent act, failure to act or series of
2such acts or failures to act by a perpetrator which
3creates an imminent risk of serious physical injury to or
4sexual abuse or sexual exploitation of a child under 18
5years of age.

6(iv) Serious physical neglect by a perpetrator
7constituting prolonged or repeated lack of supervision or
8the failure to provide essentials of life, including
9adequate medical care, which endangers a child's life or
10development or impairs the child's functioning.

11(2) No child shall be deemed to be physically or
12mentally abused based on injuries that result solely from
13environmental factors that are beyond the control of the
14parent or person responsible for the child's welfare, such as
15inadequate housing, furnishings, income, clothing and medical
16care.

17(3) If, upon investigation, the county agency determines
18that a child has not been provided needed medical or surgical
19care because of seriously held religious beliefs of the
20child's parents, guardian or person responsible for the
21child's welfare, which beliefs are consistent with those of a
22bona fide religion, the child shall not be deemed to be
23physically or mentally abused. The county agency shall
24closely monitor the child and shall seek court-ordered
25medical intervention when the lack of medical or surgical
26care threatens the child's life or long-term health. In cases
27involving religious circumstances, all correspondence with a
28subject of the report and the records of the Department of
29Public Welfare and the county agency shall not reference
30"child abuse" and shall acknowledge the religious basis for

1the child's condition, and the family shall be referred for
2general protective services, if appropriate.]

<-3The term "child abuse" shall mean intentionally, knowingly or

4(<-b.1) Child abuse.--The term "child abuse" shall mean 
5intentionally, knowingly or recklessly doing any of the
6following:

7(1) Causing bodily injury to a child through any recent
8act or failure to act.

<-9(2) Fabricating, feigning or intentionally exaggerating
10or inducing a medical symptom or disease which results in a
11potentially harmful medical evaluation or treatment to the
12child through any recent act.

<-13(2) (3) Causing or substantially contributing to serious
14mental injury to a child through any act or failure to act or
15a series of such acts or failures to act.

<-16(3) (4) Causing sexual abuse or exploitation of a child
17through any act or failure to act.

<-18(4) (5) Creating a reasonable likelihood of bodily
19injury to a child through any recent act or failure to act.

<-20(5) (6) Creating a likelihood of sexual abuse or
21exploitation of a child through any recent act or failure to
22act.

<-23(6) (7) Causing serious physical neglect of a child.

<-24(7) (8) Engaging in any of the following recent acts:

25(i) Kicking, biting <-or, throwing, burning, stabbing
26or cutting a child in a manner that endangers the child.

27(ii) Unreasonably<- physically restraining restraining
28or confining a child, based on consideration of the
29method, location or the duration of the restraint <-or
30confinement.

1(iii) Forcefully shaking a child under one year of
2age.

3(iv) Forcefully <-slapping or otherwise striking a
4child under one year of age.

5(v) Interfering with the breathing of a child.

6(vi) Causing a child to be present at a location
<-7where any of the following offenses has occurred:

8(A) A violation of 18 Pa.C.S. § 7508.2 (relating
9to operation of methamphetamine laboratory) resulting
10in a conviction.

11(B) A felony violation of the act of April 14,
121972, known as The Controlled Stance, Drug, Device
13and Cosmetics Act, resulting in a conviction.

14(C) A violation of 75 Pa.C.S. § 3802 (relating
15to driving under the influence of alcohol or a
16controlled substance), where the child is a
17passenger, resulting in a conviction. <-while a
18violation of 18 Pa.C.S. § 7508.2 (relating to
19operation of methamphetamine laboratory) is
20occurring, provided that the violation is being
21investigated by law enforcement.

22(vii) Leaving a child unsupervised with an
23individual, other than the child's parent, who the actor
24knows or reasonably should have known:

25(A) Is required to register as a Tier II or Tier
26III sexual offender under 42 Pa.C.S. Ch. 97 Subch. H
27(relating to registration of sexual offenders), where
28the victim of the sexual offense was under 18 years
29of age when the crime was committed.

30(B) Has been determined to be a sexually violent

1predator under 42 Pa.C.S. § 9799.24 (relating to
2assessments) or any of its predecessors.

3(C) Has been determined to be a sexually violent
4delinquent child as defined in 42 Pa.C.S. § 9799.12
5(relating to definitions).

<-6(8) (9) Causing the death of the child through any act
7or failure to act.

<-8(c) Restatement of culpability.--Conduct that causes
9injury or harm to a child or creates a risk of injury or harm
10to a child shall not be considered child abuse if there is no
11evidence that the person acted intentionally, knowingly or
12recklessly when causing the injury or harm to the child or
13creating a risk of injury or harm to the child.

<-14(c) (d) Child abuse exclusions.--The term "child abuse" does
15not include any conduct for which an exclusion is provided in
16section 6304 (relating to exclusions from child abuse).

17Section 2. Title 23 is amended by adding a section to read:

18§ 6304. Exclusions from child abuse.

19(a) Environmental factors.--No child shall be deemed to be
20physically or mentally abused based on injuries that result
21solely from environmental factors <-that are beyond the control of
22the parent or guardian, such as inadequate housing, furnishings,
23income, clothing and medical care.,<- such as inadequate housing,
24furnishings, income, clothing and medical care, that are beyond
25the control of the parent or person responsible for the child's
26welfare with whom the child resides. This subsection shall not
27apply to any child-care service as defined in this chapter,
28excluding an adoptive parent.

29(b) Practice of religious beliefs.--If, upon investigation,
30the county agency determines that a child has not been provided

1needed medical or surgical care because of sincerely held
2religious beliefs of the child's parents or guardian <-relative
3within the third degree of consanguinity and with whom the child
4resides, which beliefs are consistent with those of a bona fide
5religion, the child shall not be deemed to be physically or
6mentally abused. In such cases the following shall apply:

7(1) The county agency shall closely monitor the child
8and the child's family and shall seek court-ordered medical
9intervention when the lack of medical or surgical care
10threatens the child's life or long-term health.

11(2) All correspondence with a subject of the report and
12the records of the department and the county agency shall not
13reference child abuse and shall acknowledge the religious
14basis for the child's condition.

15(3) The family shall be referred for general protective
16services, if appropriate.

17(4) This subsection shall not apply if the failure to
18provide needed medical or surgical care causes the death of
19the child.

<-20(5) This subsection shall not apply to any child-care
21service as defined in this chapter, excluding an adoptive
22parent.

23(c) Use of force for supervision, control and safety 
24purposes.--Subject to subsection (d), the use of reasonable 
25force on or against a child by<- a person responsible for 
26supervision, control or safety of the child <-the child's own 
27parent or person responsible for the child's welfare shall not 
28be considered child abuse if any of the following conditions 
29apply:

30(1) The use of reasonable force constitutes incidental,

1minor or reasonable physical contact with the child or other
2actions that are designed to maintain order and control.

3(2) The use of reasonable force is necessary:

4(i) to quell a disturbance or remove the child from
5the scene of a disturbance that threatens physical injury
6to persons or damage to property;

7(ii) to prevent the child from self-inflicted
8physical harm;

9(iii) for self-defense or the defense of another
10individual; or

11(iv) to obtain possession of weapons or other
12dangerous objects or controlled substances or
13paraphernalia that are on the child or within the control
14of the child.

<-15(d) Reasonable force by parents and guardians and other
16authorized persons.--Notwithstanding subsection (c), this
17chapter does not restrict the generally recognized existing
18rights of parents, guardians and persons authorized by a parent
19or guardian to use reasonable force for supervision, control and
20discipline when raising children. Such force shall not be
21considered child abuse, provided that force is used in a
22reasonable and controlled manner. When determining whether such
23force is reasonable, the intent of the parent, guardian or other
24authorized person, the circumstances, the physical and mental
25maturity of the child and the physical and mental condition of
26the child are factors to be considered. This subsection shall
27not be construed to supersede any law or regulation prohibiting
28or regulating the use of disciplinary force or physical
29punishment by certain individuals who are not parents or
30guardians, including, but not limited to, foster parents, school

1employees, child care employees and employees of residential
2facilities.

<-3(d) Rights of parents.--Nothing in this chapter shall be
4construed to restrict the generally recognized existing rights
5of parents to use reasonable force on or against their children
6for the purposes of supervision, control and discipline of their
7children. Such reasonable force shall not constitute child
8abuse.

9(e) Participation in events that involve physical contact
10with child.--An individual participating in a practice or
11competition in an interscholastic sport, physical education, a
12recreational activity or an extracurricular activity that
13involves physical contact with a child does not, in itself,
14constitute contact that is subject to the reporting requirements
15of this chapter.

16(f) Peer-on-peer contact.--No child shall be deemed to be
17physically or mentally abused based on injuries that result from
18a dispute, fight or scuffle with a peer.

<-19(f) Child-on-child contact.--

20(1) Harm or injury to a child that results from the act
21of another child shall not constitute child abuse unless the
22child who caused the harm or injury is a perpetrator.

23(2) Notwithstanding paragraph (1), the following shall
24apply:

25(i) Acts constituting any of the following crimes
26against a child shall be subject to the reporting
27requirements of this chapter:

28(A) rape as defined in 18 Pa.C.S. § 3121
29(relating to rape);

30(B) involuntary deviate sexual intercourse as

1defined in 18 Pa.C.S. § 3123 (relating to involuntary
2deviate sexual intercourse);

3(C) sexual assault as defined in 18 Pa.C.S. §
43124.1 (relating to sexual assault);

5(D) aggravated indecent assault as defined in 18
6Pa.C.S. § 3125 (relating to aggravated indecent
7assault);

8(E) indecent assault, as defined in 18 Pa.C.S. §
93126 (relating to indecent assault);

10(F) indecent exposure, as defined in 18 Pa.C.S.
11§ 3127 (relating to indecent exposure).

12(ii) No child shall be deemed to be a perpetrator of
13child abuse based solely on physical or mental injuries
14caused to another child in the course of a dispute, fight
15or scuffle entered into by mutual consent.

16(iii) A law enforcement official who receives a
17report of suspected child abuse is not required to make a
18report to the department under section 6334(a) (relating
19to disposition of complaints received), if the person
20allegedly responsible for the child abuse is a
21nonperpetrator child.

22(g) Defensive force.--Reasonable force for self-defense or
23the defense of another individual, consistent with the
24provisions of with 18 Pa.C.S. §§ 505 (relating to use of force
25for self-protection) and 506 (relating to use of force for the
26protection of other persons), shall not be considered child
27abuse.

<-28(h) Accidental conduct.--Conduct that causes injury or harm
29to a child or creates a risk of injury or harm to a child shall
30not be considered child abuse if there is no evidence that the

1person acted intentionally, knowingly or recklessly when causing
2the injury or harm to the child or creating a risk of injury or
3harm to the child.

4Section 3. Section 6338 of Title 23 is amended by adding
5subsections to to read:

6§ 6338. Disposition of founded and indicated reports.

7* * *

8(d) Expunction of information when a perpetrator attains 21
9years of age.--Notwithstanding subsection (c), the name of a
10perpetrator of child abuse who was under 18 years of age when
11the individual committed child abuse shall be expunged from the
12Statewide central register when the individual reaches 21 years
13of age, if the individual has not been named as a perpetrator in
14any subsequent founded or indicated report of child abuse. The
15expunction shall be mandated and guaranteed by the department.

16(e) Nonapplicability.--The provisions of subsection (d)
17shall not apply in the case of a:

18(1) sexually violent delinquent child as defined in 42
19Pa.C.S. § 9799.12 (relating to definitions) who:

20(i) is required to register under 42 Pa.C.S. Ch. 97
21Subch. H (relating to registration of sexual offenders);
22and

23(ii) was found delinquent as a result of the same
24acts which resulted in the sexually violent delinquent
25child being named a perpetrator of child abuse; or

26(2) juvenile offender as defined in 42 Pa.C.S. § 9799.12
27who:

28(i) is required to register under 42 Pa.C.S. Ch. 97
29Subch. H;

30(ii) is required to register under 42 Pa.C.S. Ch. 97

1Subch. H as a result of an adjudication of delinquency
2for the same acts which resulted in the juvenile
3offender's being named a perpetrator of child abuse; and

4(iii) has not been removed from the Statewide
5Registry of Sexual Offenders pursuant to 42 Pa.C.S. §
69799.17 (relating to termination of period of
7registration for juvenile offenders).

8Section 4. Sections 6340(a)(9), (10) and (13) and 6368(a) of
9Title 23 are amended to read:

10§ 6340. Release of information in confidential reports.

11(a) General rule.--Reports specified in section 6339
12(relating to confidentiality of reports) shall only be made
13available to:

14* * *

15(9) Law enforcement officials of any jurisdiction, as
16long as the information is relevant in the course of
17investigating cases of:

18(i) Homicide or other criminal offense set forth in
19section 6344(c) (relating to information relating to
20prospective child-care personnel), sexual abuse, sexual
21exploitation, serious bodily injury or [serious physical
22injury] bodily injury perpetrated by persons whether or
23not related to the victim.

24(ii) Child abuse perpetrated by persons who are not
25family members.

26(iii) Repeated physical injury to a child under
27circumstances which indicate that the child's health,
28safety or welfare is harmed or threatened.

29(iv) A missing child report.

30(10) The district attorney or his designee or other law

1enforcement official, as set forth in the county protocols
2for investigative teams required in section 6365(c) (relating
3to services for prevention, investigation and treatment of
4child abuse), shall receive, immediately after the county
5agency has ensured the safety of the child, reports of abuse,
6either orally or in writing, according to regulations
7promulgated by the department, from the county agency in
8which the initial report of suspected child abuse or initial
9inquiry into the report gives evidence that the abuse is:

10(i) a criminal offense set forth in section 6344(c),
11not including an offense under 18 Pa.C.S. § 4304
12(relating to endangering welfare of children) or an
13equivalent crime under Federal law or the law of another
14state, sexual abuse, sexual exploitation or serious
15bodily injury perpetrated by persons, whether or not
16related to the victim;

17(ii) child abuse perpetrated by persons who are not
18family members; or

19(iii) [serious physical injury] bodily injury
20involving extensive and severe bruising, burns, broken
21bones, lacerations, internal bleeding, shaken baby
22syndrome or choking or an injury that significantly
23impairs a child's physical functioning, either
24temporarily or permanently.

25* * *

26(13) [Persons required to make reports under Subchapter
27C.1 (relating to students in public and private schools).
28Information under this paragraph shall be] If the alleged
29perpetrator is a school employee, the school administrator
30shall receive information limited to the final status of the

1report following the investigation as to whether the report
2is indicated, founded or unfounded. Information disclosed
3pursuant to this paragraph shall be provided to the school
4administrator within ten days of the completion of the
5investigation.

6* * *

7§ 6368. Investigation of reports.

8(a) General rule.--Upon receipt of each report of suspected
9child abuse, the county agency shall immediately commence an
10appropriate investigation and see the child immediately if
11emergency protective custody is required or has been or shall be
12taken or if it cannot be determined from the report whether
13emergency protective custody is needed. Otherwise, the county
14agency shall commence an appropriate investigation and see the
15child within 24 hours of receipt of the report. The
16investigation shall include a determination of the risk of harm
17to the child or children if they continue to remain in the
18existing home environment, as well as a determination of the
19nature, extent and cause of any condition enumerated in the
20report, any action necessary to provide for the safety of the
21child or children and the taking of photographic identification
22of the child or children to be maintained with the file. During
23the investigation, the county agency shall provide or arrange
24for services necessary to protect the child while the agency is
25making a determination pursuant to this section. If the
26investigation indicates [serious physical injury] bodily injury,
27a medical examination shall be performed on the subject child by
28a certified medical practitioner. Where there is reasonable
29cause to suspect there is a history of prior or current abuse,
30the medical practitioner has the authority to arrange for

1further medical tests or the county agency has the authority to
2request further medical tests. The investigation shall include
3communication with the department's service under section 6332
4(relating to establishment of Statewide toll-free telephone
5number). Prior to interviewing a subject of the report, the
6county agency shall orally notify the subject who is about to be
7interviewed of the existence of the report, the subject's rights
8under 42 Pa.C.S. §§ 6337 (relating to right to counsel) and 6338
9(relating to other basic rights) and the subject's rights
10pursuant to this chapter in regard to amendment or expungement.
11Within 72 hours following oral notification to the subject, the
12county agency shall give written notice to the subject. The
13notice may be reasonably delayed if notification is likely to
14threaten the safety of the victim, a nonperpetrator subject or
15the investigating county agency worker, to cause the perpetrator
16to abscond or to significantly interfere with the conduct of a
17criminal investigation. However, the written notice must be
18provided to all subjects prior to the county agency's reaching a
19finding on the validity of the report.

20* * *

21Section 5. This act shall take effect in 60 days.

<-22Section 3. Section 6338(a) of Title 23 is amended to read:

23§ 6338. Disposition of founded and indicated reports.

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

1register. [Notice of the determination must be given to the
2subjects of the report, other than the abused child, and to the
3parent or guardian of the affected child or student along with
4an explanation of the implications of the determination. Notice
5given to perpetrators of child abuse and to school employees who
6are subjects of indicated reports for school employees or
7founded reports for school employees shall include notice that
8their ability to obtain employment in a child-care facility or
9program or a public or private school may be adversely affected
10by entry of the report in the Statewide central register. The
11notice shall also inform the recipient of his right, within 45
12days after being notified of the status of the report, to appeal
13an indicated report, and his right to a hearing if the request
14is denied.] Notice of the determination that a report is a 
15founded, indicated or unfounded report shall be made as provided 
16in section 6368(f) (relating to investigation of reports).

17* * *

18Section 4. Section 6341(a), (b) and (c) of Title 23 are
19amended and the section is amended by adding a subsection to
20read:

21§ 6341. Amendment or expunction of information.

22(a) General rule.--[At any time:] Notwithstanding section 
236338.1 (relating to expunction of information of perpetrator who 
24was under 18 years of age when child abuse was committed):

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

1the following:

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 [45] 90 days of being notified of the status of the
13report, request an administrative review by, or appeal and
14request a hearing before, the secretary to amend or expunge
15an indicated report on the grounds that it is inaccurate or
16it is 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 [central
24register] database, appropriate county agency, appropriate law
25enforcement officials and all subjects shall be so advised of
26the decision. The county agency and any subject have [45] 90
27days in which to file an administrative appeal with the
28secretary. If an administrative appeal is received, the 
29secretary or his designated agent shall schedule a hearing 
30pursuant to Article IV of the act of June 13, 1967 (P.L.31,
 

1No.21), known as the Public Welfare Code, [and] attending 
2departmental regulations. If no administrative appeal is 
3received within the designated time period, the Statewide 
4[central register] database shall comply with the decision of 
5the secretary and advise the county agency to amend or expunge
6the information in their records so that the records are
7consistent at both the State and local levels.

8(c) Review of refusal of request.--[If the secretary refuses
9the request under subsection (a)(2) or does not act within a
10reasonable time, but in no event later than 30 days after
11receipt of the request, the perpetrator or school employee shall
12have the right to a hearing before the secretary or a designated
13agent of the secretary to determine whether the summary of the
14indicated report in the Statewide central register should be
15amended or expunged on the grounds that it is inaccurate or that
16it is being maintained in a manner inconsistent with this
17chapter. The perpetrator or school employee shall have 45 days
18from the date of the letter giving notice of the decision to
19deny the request in which to request a hearing.] Subject to 
20subsection (c.1), if the secretary refuses a request under 
21subsection (a)(1) or a request for administrative review under 
22subsection (a)(2), or does not act within the prescribed time, 
23the perpetrator or school employee shall have the right to 
24appeal and request a hearing before the secretary to amend or 
25expunge an indicated report on the grounds that it is inaccurate 
26or it is being maintained in a manner inconsistent with this 
27chapter. The request for hearing must be made within 90 days of 
28notice of the results of the investigation. The appropriate
29county agency and appropriate law enforcement officials shall be
30given notice of the hearing. The burden of proof in the hearing

1shall be on the appropriate county agency. The department shall
2assist the county agency as necessary.

3(c.1) Founded reports.--A person named as a perpetrator in a
4founded report of child abuse must provide to the department a
5court order indicating that the underlying adjudication that
6formed the basis of the founded report has been reversed or
7vacated.

8* * *

9Section 5. Section 6368 of Title 23 is amended by adding
10subsections to read:

11§ 6368. Investigation of reports.

12* * *

13(e) Review of indicated reports.--A final determination that
14a report of suspected child abuse is indicated shall be
15approved by:

16(1) the county agency administrator or a designee and
17reviewed by a county agency solicitor, when the county agency
18is investigating; or

19(2) the secretary or a designee and reviewed by legal
20counsel for the department, when the department is
21investigating.

22(f) Final determination.--Immediately upon conclusion of the
23child abuse investigation, the county agency shall provide the
24results of its investigation to the department, in a manner
25prescribed by the department. Within three business days of
26receipt of the results of the investigation from the county
27agency, the department shall send notice of the final
28determination to the subjects of the report, other than the
29abused child. The determination shall include the following
30information:

1(1) The status of the report.

2(2) The perpetrator's right to request the secretary to
3amend or expunge the report.

4(3) The right of the subjects of the report to services
5from the county agency.

6(4) The effect of the report upon future employment
7opportunities involving children.

8(5) The fact that the name of the perpetrator, the
9nature of the abuse and the final status of a founded or 
10indicated report will be entered in the Statewide database, 
11if the perpetrator's Social Security number or date of birth 
12are known.

13(6) The perpetrator's right to file an appeal of an
14indicated finding of abuse pursuant to section 6341 (relating
15to amendment or expunction of information) within 90 days of
16the date of notice.

17(7) The perpetrator's right to a fair hearing on the
18merits on an appeal of an indicated report filed pursuant to
19section 6341.

20(8) The burden on the investigative agency to prove its
21case by substantial evidence in an appeal of an indicated
22report.

23(g) Notice.--Notice under subsection (f) shall constitute
24mailing of the final determination to the recipient's last known
25address. The determination is presumed received when not
26returned by the postal authorities as undeliverable. If the
27determination is returned as undeliverable, the entry in the
28Statewide database shall include information that the department
29was unable to provide notice. No further efforts to provide
30notice shall be required, except that the department shall

1resume reasonable efforts to provide notice if new information
2is received regarding the whereabouts of an individual who is
3entitled to receive notice under subsection (f).

4(h) Notice to mandated reporter.--If a report was made by a
5mandated reporter under section 6313 (relating to reporting
6procedure), the department shall notify the mandated reporter
7who made the report of suspected child abuse of all of the
8following within three business days of the department's receipt
9of the results of the investigation:

10(1) Whether the child abuse report is founded, indicated
11or unfounded.

12(2) Any services provided, arranged for or to be
13provided by the county agency to protect the child.

14Section 6. Section 6381 of Title 23 is amended by adding a
15subsection to read:

16§ 6381. Evidence in court proceedings.

17* * *

18(e) Child victims and witnesses.--In addition to the
19provisions of this section, any consideration afforded to a
20child victim or witness pursuant to 42 Pa.C.S. Ch. 59, Subch. D
21(relating to child victims and witnesses) in any prosecution or
22adjudication shall be afforded to a child in child abuse
23proceedings in court or in any department administrative hearing
24pursuant to section 6341 (relating to amendment or expunction of
25information).

<-26Section 3 7. This act shall take effect December 31, 2014.