1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child protective services, further
3providing for definitions; providing for electronic 
4reporting; further providing for mandatory reporting and post 
5mortem investigation of deaths; providing for responsibility 
6for investigation, for access to reports, for disposition of 
7initial reports, for disposition of reports, for cooperation 
8with county agency and for access to information in Statewide
9database; further providing for information in Statewide
10central register, for confidentiality of reports and for 
11release of information in confidential reports; and providing 
12for background checks.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

15Section 1. Section 6303(a) of Title 23 of the Pennsylvania
16Consolidated Statutes is amended by adding definitions to read:

17§ 6303. Definitions.

18(a) General rule.--The following words and phrases when used
19in this chapter shall have the meanings given to them in this
20section unless the context clearly indicates otherwise:

21* * *

1"Electronic technologies." The transfer of information in
2whole or in part by technology having electrical, digital,
3magnetic, wireless, optical, electromagnetic, photo-electronic
4or photo-optical systems, or similar capabilities. The term
5includes e-mail, Internet communication or other means of
6electronic transmission.

7* * *

8"Law enforcement official." The term includes the following:

<-9(1) A Pennsylvania district attorney.

10(2) A Pennsylvania State Police officer.

11(3) A municipal police officer.

<-12(1) The Attorney General.

13(2) A county district attorney.

14(3) A Pennsylvania State Police officer.

15(4) A county sheriff.

16(5) A county police officer.

17(6) A county detective.

18(7) A local or municipal police officer.

19* * *

20Section 2. Title 23 is amended by adding a section to read:

21§ 6304. Electronic reporting.

22(a) Departmental procedures.--The department shall establish
23procedures for the secure use of electronic technologies to
24transmit information under this chapter.

25(b) Confirmation of reports.--A confirmation by the
26department of the receipt of a report of suspected child abuse
27submitted electronically shall relieve the person making the
28report of making an additional oral or written report of
29suspected child abuse, subject to section 6313 (relating to
30reporting procedure).

1(c)  Effect on other law.--Nothing in this chapter shall be
2construed to supersede the act of December 16, 1999 (P.L.971,
3No.69), known as the Electronic Transactions Act.

4Section 3. Section 6317 of Title 23 is amended to read:

5§ 6317. Mandatory reporting and postmortem investigation of
6deaths.

7A person or official required to report cases of suspected
8child abuse, including employees of a county agency, who has
9reasonable cause to suspect that a child died as a result of
10child abuse shall report that suspicion to the appropriate
11coroner or medical examiner. The coroner or medical examiner
12shall accept the report for investigation and shall report his
13finding to the police, the district attorney, the appropriate
14county agency and, if the report is made by a hospital, the
15hospital.

16Section 4. Chapter 63 of Title 23 is amended by adding a
17subchapter to read:

18SUBCHAPTER B.1

19INVESTIGATION AND REPORTING

20Sec.

216321. <-Responsibility for investigation <-Access to reports.

226322. <-Access to reports <-Responsibility for investigation.

236323. Disposition of initial reports.

246324. Disposition of reports.

256325. (Reserved).

266326. (Reserved).

276327. Cooperation.

<-28§ 6321. Access to reports.

29(a)  Continuous access.--The department shall be capable of
30the following on a 24-hour, seven-day-a-week basis:

1(1)  Receiving reports and referrals of suspected child
2abuse and children in need of protective services.

3(2)  Responding to requests for information from county
4agencies and law enforcement officials under section 6335.1
5(relating to access to information in Statewide database).

6(3)  Monitoring the provision of protective services.

7(b) Continuous availability.--Each county agency shall, on a
824-hour, seven-day-a-week basis, receive reports of suspected
9child abuse from the department under section 6323(b) (relating
10to disposition of initial reports) or the general public in
11accordance with the county agency child protective services
12plan.

13(c) Verification of need.--Information may be released under
14section 6335.1 if a request for information is made orally or in
15writing and the department has done all of the following:

16(1)  Identified the requester, including electronic
17verification of the requester's identity.

18(2)  Determined whether the requester is authorized to
19obtain the information under section 6335.1.

20(3)  Provided notice to the requester that access and
21dissemination of the information is restricted as provided by
22this chapter.

23§ <-6321 <-6322. Responsibility for investigation.

24The department shall establish procedures regarding the
25following different responses to address suspected child abuse
26and protective services depending on the person allegedly
27committing the suspected child abuse or causing a child to be in
28need of protective services:

29(1)  If the suspected child abuse is alleged to have been
30committed by a perpetrator, the appropriate county agency

1shall investigate the allegation.

2(2)  If the suspected child abuse is alleged to have been
3committed by a perpetrator and the behavior constituting the
4suspected child abuse may include a criminal offense, the
5appropriate county agency and law enforcement official shall
6jointly investigate the allegation as required by this
7chapter.

8(3)  If the suspected child abuse is alleged to have been
9committed by a person who is not a perpetrator, law
10enforcement officials where the suspected child abuse is
11alleged to have occurred shall be solely responsible for
12investigating the allegation.

13(4)  If a child is alleged to be in need of other
14protective services, the appropriate county agency shall
15assess the needs of the child as provided under this chapter.

<-16§ 6322. Access to reports.

17(a)  Continuous access.--The department shall be capable of
18the following on a 24-hour, seven-day-a-week basis:

19(1)  Receiving reports and referrals of suspected child
20abuse and children in need of protective services.

21(2)  Responding to requests for information from county
22agencies and law enforcement officials under section 6335.1
23(relating to access to information in Statewide database).

24(3)  Monitoring the provision of protective services.

25(b) Continuous availability.--Each county agency shall, on a
2624-hour, seven-day-a-week basis, receive reports of suspected
27child abuse from the department under section 6323(b) (relating
28to disposition of initial reports) or the general public in
29accordance with the county agency child protective services
30plan.

1(c) Verification of need.--Information may be released under
2section 6335.1 if a request for information is made orally or in
3writing and the department has done all of the following:

4(1)  Identified the requester, including electronic
5verification of the requester's identity.

6(2)  Determined whether the requester is authorized to
7obtain the information under section 6335.1.

8(3)  Provided notice to the requester that access and
9dissemination of the information is restricted as provided by
10this chapter.

11§ 6323. Disposition of initial reports.

12(a) Receipt of reports.--The department shall immediately
13transmit a written notice<-, which may be submitted 
14electronically, to the county agency and law enforcement
15officials where the suspected child abuse is alleged to have
16occurred. The notice shall contain the following information:

17(1) Notice that a <-complaint <-report of suspected child
18abuse by a perpetrator has been received.

19(2)  The substance of the <-complaint <-report.

20(3)  <-An entry <-The existence of a prior report or a
21current investigation concerning a subject of the report.

22(b)  Receipt of reports by county.--After ensuring the
23immediate safety of the child and any other child in the child's
24home, a county agency or law enforcement official that receives
25a report of suspected child abuse shall immediately notify the
26department of the report. If the report is an oral report, the
27county agency or law enforcement official shall collect the
28required information and submit a written report to the
29department within 48 hours.

30(c)  Referral to law enforcement.--If the department receives

1a report of suspected child abuse that alleges that a criminal
2offense has been committed, the department shall immediately
3transmit an oral or written notice to law enforcement officials
4in the county where the suspected child abuse is alleged to have
5occurred. The notice shall contain the following information in
6accordance with this chapter:

7(1)  Receipt of a <-complaint <-report of suspected child
8abuse.

9(2)  The substance of the <-complaint <-report.

10(3) <-An entry in the Statewide database <-The existence of
11a prior report or a current investigation concerning a
12subject of the report.

13(d)  Notice of joint referrals.--When a report is referred to
14the county agency under subsection (a) or (c), the notice shall
15include the name and contact information of any persons
16receiving the referral, if known.

17(e) Ability of law enforcement to receive reports.--The
18district attorney of the county where the suspected child abuse
19is alleged to have occurred shall designate up to three
20recipients to receive reports under subsection (c) and shall
21provide contact information for each recipient to the department
22for that purpose.

23(f)  Jurisdictional overlap.--If the residency of any subject
24of a report is a factor that requires the cooperation of more
25than one county agency or <-another state <-an agency of another
26state that performs protective services analogous to those
27services performed by county agencies or the department, the
28department shall ensure the cooperation of those agencies in
29carrying out the requirements of this chapter.

30(g)  Referral.--If the <-complaint <-report received does not

1indicate a need for protective services, but indicates a need
2for other services, or investigation, the department shall
3transmit the information to the county <-agency or other public
4agency for appropriate action. The information shall not be
5considered a child abuse report unless the county agency has
6reasonable cause to suspect that abuse occurred. If the county
7agency investigation indicates reasonable cause to suspect that
8abuse occurred, the county agency shall notify the department
9and the initial <-complaint <-report shall be considered to be a
10child abuse report.

11§ 6324. Disposition of reports.

12(a)  Resident child.--A report of suspected child abuse by a
13perpetrator occurring in another state shall be referred by the
14department to the county agency and, where appropriate, to law
15enforcement officials when the child resides in this
16Commonwealth and shall be investigated as any other report of
17suspected child abuse by a perpetrator if all of the following
18apply:

19(1)  The child victim is a resident of this Commonwealth.

20(2)  The other state's child protective services agency
21fails to investigate the report.

22(b)  Resident alleged perpetrator.--

23(1)  If suspected child abuse occurs in a jurisdiction
24other than this Commonwealth and the alleged perpetrator is a
25resident of this Commonwealth, the report of suspected child
26abuse shall be referred to the county agency where the
27alleged perpetrator resides.

28(2)  The county agency shall do all of the following:

29(i)  Contact the children and youth social service
30agency of the jurisdiction in which the suspected child

1abuse occurred.

2(ii)  Investigate the suspected child abuse, either
3alone or in cooperation with the other agency.

4(c)  Copies of report.--A copy of the report of suspected
5child abuse shall be provided to the other state's child
6protective services agency and, if appropriate, to law
7enforcement officials where the incident occurred.

8(d)  Communication.--Reports and information under this
9section shall be provided within seven calendar days of
10completion of the investigation.

11§ 6325. (Reserved).

12§ 6326. (Reserved).

13§ 6327. Cooperation.

14(a)  General rule.--Commonwealth agencies, political
15subdivisions, a county agency, law enforcement official or any
16other agency providing services under the county plan for
17protective services shall provide any assistance and data to the
18department that will enable the department, the county agency
19and law enforcement officials to fulfill their responsibilities.

20(b)  Willful failure to cooperate.--

21(1)  At the request of the department or county agency <-to
22provide all information relating to an investigation of
23suspected child abuse or a safety or risk assessment of a
24child, individual, agency, school, hospital <-or,<- health care
25provider <-or an employee or independent contractor shall
26immediately provide information requested to the department
27or county agency if the information relates to suspected
28child abuse or <-a safety or risk assessment <-the need for
29general protective services.

30(2)  No individual<-, except a law enforcement official,

1may prohibit the department or county agency from
2interviewing the child who is the subject of suspected child
3abuse. Parental consent shall not be required prior to the
4child's being interviewed by the department or county agency.

5(3)  The following shall apply:

6(i)  Any person failing to timely produce the
7requested information under this section commits a
8misdemeanor of the third degree.

9(ii)  Any person barring, inhibiting or precluding
10sufficient access to the subject child commits a
11misdemeanor of the second degree.

12(c)  Cooperation of county and law enforcement.--A county
13agency and law enforcement official shall cooperate, to the
14fullest extent possible, to respond to and investigate reports
15of suspected child abuse. Counties shall exchange information
16and cooperate to investigate reports and provide services to
17children who may move from one county to another.

18(d)  Advice to county agency.--If a report of suspected child
19abuse is referred from a county agency to a law enforcement
20official under section 6340(a)(9) and (10) (relating to release
21of information in confidential reports), the law enforcement
22official shall expeditiously advise the county agency of the
23progress of a criminal investigation, the results of the
24investigation and any criminal prosecution. The county agency
25shall refer the information to the Statewide database.

26Section 5. Title 23 is amended by adding a section to read:

27§ 6335.1. Access to information in Statewide database.

28(a) Use for assessment or investigation.--<-Upon receipt of a
29report or complaint of child abuse, a <-A county agency or law
30enforcement official shall use the Statewide toll-free telephone

1number, or any manner prescribed by the department, to determine
2the existence of any prior reports <-or complaints involving a
3subject of the report. If the Statewide database contains
4information indicating a prior report <-or complaint or a pending
5investigation concerning a subject of the report, the department
6shall immediately convey this information to the county agency
7or law enforcement official.

8(b) Use by county agency or law enforcement <-agency
<-9official.--A county agency or law enforcement official may only
10request the information under subsection (a) for the purposes of
11assessing and investigating reports <-or complaints of child abuse
<-12or,<- allegations that a child is in need of general protective
13services<-: <-or investigating a crime against a child.

<-14(1) following receipt of a report or complaint of
15suspected child abuse or an allegation that a child is in
16need of general protective services; or

17(2) on behalf of the following individuals, if that
18individual suspects that a child is a victim of child abuse
19or has reason to believe that a child is in need of general
20protective services:

21(i) A physician examining or treating a child.

22(ii) The director of a hospital or a person
23specifically designated in writing by the director of a
24hospital or other medical institution where a child is
25being treated.

26(b.1) Use by district attorney.--The district attorney or a
27person specifically designated in writing by the district
28attorney may request information for the purposes of
29investigating allegations of criminal conduct, as set forth in
30section 6340(a)(9) and (10) (relating to release of information

1in confidential reports).

2(c) Authorized releases for governmental functions.--No
3person, other than an employee of the department in the course
4of official duties in connection with the responsibilities of
5the department under this chapter, shall have access to any
6information in the Statewide database except as provided under
7this section and the following:

8(1) Section 6323 (relating to disposition of initial
9reports).

10(2) Section 6340 (relating to release of information in
11confidential reports).

12(3) Section 6342 (relating to studies of data in
13records).

14(d) Clearances.--Information provided in response to
15inquiries under section 6344 (relating to information relating
16to prospective child-care personnel), 6344.1 (relating to
17information relating to family day-care home residents) or
186344.2 (relating to information relating to other persons having
19contact with children) shall be limited to the following:

20(1) Whether the person was named as a perpetrator of
21child abuse in a founded or indicated report.

22(2) Whether there is an investigation pending in which
23the individual is an alleged perpetrator.

24(3) The number, date of the incidents upon which the
25report is based and the type of abuse or neglect involved in
26any reports identified under paragraph (1).

27(e) Electronic technologies.--Requests under this section
28may be made using <-advanced communication <-electronic
29technologies, if appropriate verification is made in accordance
30with section 6322(c) (relating to access to reports).

1Section 6. Section 6336 of Title 23 is repealed:

2[§ 6336. Information in Statewide central register.

3(a) Information authorized.--The Statewide central register
4shall include and shall be limited to the following information:

5(1) The names, Social Security numbers, age and sex of
6the subjects of the reports.

7(2) The date or dates and the nature and extent of the
8alleged instances of suspected child abuse.

9(3) The home addresses of the subjects of the report.

10(4) The county in which the suspected abuse occurred.

11(5) Family composition.

12(6) The name and relationship to the abused child of
13other persons named in the report.

14(7) Factors contributing to the abuse.

15(8) The source of the report.

16(9) Services planned or provided.

17(10) Whether the report is a founded report or an
18indicated report.

19(11) Information obtained by the department in relation
20to a perpetrator's or school employee's request to release,
21amend or expunge information retained by the department or
22the county agency.

23(12) The progress of any legal proceedings brought on
24the basis of the report of suspected child abuse.

25(13) Whether a criminal investigation has been
26undertaken and the result of the investigation and of any
27criminal prosecution.

28No information other than that permitted in this subsection
29shall be retained in the Statewide central register.

30(b) Type of information released.--Except as provided in

1sections 6334 (relating to disposition of complaints received),
26335 (relating to information in pending complaint and unfounded
3report files), 6340 (relating to release of information in
4confidential reports) and 6342 (relating to studies of data in
5records), persons receiving information from the Statewide
6central register or pending complaint file may be informed only
7as to:

8(1) Whether the report is a founded or indicated abuse
9or is under investigation.

10(2) The number of such reports.

11(3) The nature and extent of the alleged or actual
12instances of suspected child abuse.

13(4) The county in which the reports are investigated.

14(5) Any other information available which would further
15the purposes of this chapter.

16(c) Limitation on release of information.--Except as
17provided in sections 6334, 6335, 6340 and 6342, no information
18shall be released from the Statewide central register or pending
19complaint file unless pursuant to section 6332 (relating to
20establishment of Statewide toll-free telephone number) and
21unless the department has positively identified the
22representative of the county agency requesting the information
23and the department has inquired into and is satisfied that the
24representative has a legitimate need, within the scope of
25official duties and the provisions of section 6332, to obtain
26the information. Information in the Statewide central register
27or pending complaint file shall not be released for any purpose
28or to any individual not specified in section 6340.]

29Section 7. Sections 6339 and 6340(a)(2), (9), (10), (12) and 
30(13), (b), (c) and (d) of Title 23 are amended to read:

1§ 6339. Confidentiality of reports.

2Except as otherwise provided in this subchapter, reports made
3pursuant to this chapter, including, but not limited to, report
4summaries of child abuse and [written] reports made pursuant to
5section [6313(b) and (c)] 6313 (relating to reporting procedure)
6as well as any other information obtained, reports written or
7photographs or X-rays taken concerning alleged instances of
8child abuse in the possession of the department or a county
9agency shall be confidential.

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[(2) A physician examining or treating a child or the
16director or a person specifically designated in writing by
17the director of any hospital or other medical institution
18where a child is being treated when the physician or the
19director or the designee of the director suspects the child
20of being an abused child or a child alleged to be in need of
21protection under this chapter.]

22* * *

23(9) Law enforcement officials of any jurisdiction, as
24long as the information is relevant in the course of
25investigating cases of:

26(i) Homicide or other criminal offense set forth in
27section 6344(c) (relating to information relating to
28prospective child-care personnel), sexual abuse[, sexual]
29or exploitation, bodily injury or serious bodily injury
30[or serious physical injury perpetrated by persons

1whether or not related to the victim] caused by a 
2perpetrator or nonperpetrator.

3(ii) [Child abuse perpetrated by persons who are not
4family members.] Child abuse other than that identified 
5under subparagraph (i) by a nonperpetrator.

6(iii) Repeated physical injury to a child under
7circumstances which indicate that the child's health,
8safety or welfare is harmed or threatened.

9(iv) A missing child report.

10(10) The district [attorney or his designee] attorney's 
11office or other law enforcement official, as set forth in 
12[the] county protocols for multidisciplinary investigative 
13teams required in section 6365(c) (relating to services for 
14prevention, investigation and treatment of child abuse), 
15shall receive, immediately after the county agency has 
16ensured the safety of the child, reports of abuse [, either 
17orally or in writing,] according to regulations [promulgated 
18by the department], from the department or county agency in 
19which the initial report of suspected child abuse or initial 
20inquiry into the report gives evidence that the abuse is:

21(i) a criminal offense set forth [in] under section
226344(c), not including an offense under 18 Pa.C.S. § 4304
23(relating to endangering welfare of children) or an
24equivalent crime under Federal law or [the] law of
25another state[, sexual abuse, sexual exploitation or
26serious bodily injury perpetrated by persons, whether or
27not related to the victim]; or

28(ii) child abuse [perpetrated by persons who are not
29family members; or

30(iii) serious physical injury involving extensive
 

1and severe bruising, burns, broken bones, lacerations, 
2internal bleeding, shaken baby syndrome or choking or an 
3injury that significantly impairs a child's physical 
4functioning, either temporarily or permanently] under 
5section 6321(2) or (3) (relating to responsibility for 
6investigation).

7* * *

8(12) A mandated reporter of suspected child abuse [as
9defined in] under section 6311 (relating to persons required
10to report suspected child abuse) who made a report of abuse
11involving the subject child, [but the information permitted
12to be released to the mandated reporter] shall be limited to
13the following:

14(i) [The final status of] Whether the child abuse
15report [following the investigation, whether it be] is
16indicated, founded or unfounded.

17(ii) Any services provided, arranged for or to be
18provided by the county agency to protect the child<- , or 
19any service plan developed.

<-20[(13) <-[Persons required to make reports under Subchapter
21C.1 (relating to students in public and private schools).
22Information under this paragraph shall be limited to the
23final status of the report following the investigation as to
24whether the report is indicated, founded or unfounded.] 
<-25School administrators, if the alleged perpetrator is a school 
26employee, shall receive notice of a pending allegation and 
27the final status of the report following the investigation as 
28to whether the report is indicated, founded or unfounded. 
29Information disclosed pursuant to this paragraph shall be 
30provided to the school administrator within ten days of the
 

1completion of the investigation.

2* * *

3(b) Release of information to subject [of report].--[At any
4time and upon] Upon a written request, a subject of a report may
5receive a copy of all information, except that prohibited from
6being disclosed by subsection (c), contained in the Statewide
7[central register] database or in any report filed pursuant to
8section 6313 (relating to reporting procedure).

9(c) Protecting identity [of person making report].--Except 
10for reports [pursuant to] under subsection (a)(9) and (10), and 
11in response to a law enforcement official investigating 
12allegations of false reports under 18 Pa.C.S. § 4906.1 (relating 
13to false reports of child abuse), the release of data that would 
14identify the person who made a report of suspected child abuse 
15or [the person] who cooperated in a subsequent investigation is 
16prohibited unless the [secretary] department finds that the 
17release will not be detrimental to the safety of [that] the 
18person. Law enforcement officials shall treat all reporting 
19sources as confidential informants.

20(d) Exclusion of [administrative] information.--Information
21maintained in the Statewide [central register which was]
22database obtained from an investigating agency in relation to an
23appeal request shall not be released to any person except a
24department official [, as provided by regulation].

25Section 8. Title 23 is amended by adding a section to read:

26§ 6387. Background checks.

27Payment for a background check relating to child abuse may be
28paid for by an individual or organization by check <-or,<- money
29order <-or by credit or debit card when the system becomes
30available.

1Section 9. This act shall take effect January 1, 2014.