PRIOR PRINTER'S NO. 690
PRINTER'S NO. 1206
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY FONTANA, FOLMER, WASHINGTON, ERICKSON, STACK, BREWSTER, FERLO, TEPLITZ, BAKER, RAFFERTY, YUDICHAK, KASUNIC, TARTAGLIONE, WILLIAMS, SMITH, FARNESE, WAUGH, MENSCH, HUGHES, BROWNE, WARD, VANCE, PILEGGI, BOSCOLA, COSTA, ALLOWAY, SCHWANK AND DINNIMAN, MARCH 15, 2013
SENATOR FOLMER, EDUCATION, AS AMENDED, JUNE 11, 2013
1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child protective services, further
3providing for definitions, for persons required to report
4suspected child abuse and for reporting procedure; and
5repealing provisions relating to definitions, school
6employees, administration, investigation, responsibilities of
7county agency for child protective services and report
11Section 1. The definitions of <-"founded report," "founded
12report for school employee," "general protective services,"
13"indicated report," "indicated report for school employee,"
14"individual residing in the same home as the child," "near
15fatality" and "school employee" in section 6303(a) of Title 23
16of the Pennsylvania Consolidated Statutes are amended and the
17subsection is amended by adding definitions to read:
18§ 6303. Definitions.
19(a) General rule.--The following words and phrases when used
3* * *
6* * *
7"Child with a disability." A child:
11(2) who meets the definition of handicapped person under
12section 504 of the Rehabilitation Act of 1973 (Public Law 93-
13112, 29 U.S.C. § 794) and its implementing regulations at 34
14CFR § 104.3 (relating to definitions);
22* * *
26* * *
27"Founded report." [A child abuse report made pursuant to
28this chapter if there has been any judicial adjudication based
29on a finding that a child who is a subject of the report has
30been abused, including the entry of a plea of guilty or nolo
1contendere or a finding of guilt to a criminal charge involving
2the same factual circumstances involved in the allegation of
3child abuse.] A child abuse report involving a perpetrator that
4is made pursuant to this chapter, if any of the following
6(1) There has been a judicial adjudication based on a
7finding that a child who is a subject of the report has been
8abused and the adjudication involves the same factual
9circumstances involved in the allegation of child abuse. The
10judicial adjudication may include any of the following:
13(ii) A finding of guilt to a criminal charge.
14(iii) A finding of dependency or delinquency under
1542 Pa.C.S. § 6341 (relating to adjudication)<-, if the
16court has entered a finding that a child who is the
17subject of the report has been abused.
18(2) There has been an acceptance into an accelerated
19rehabilitative disposition program and the reason for the
20acceptance involves the same factual circumstances involved
21in the allegation of child abuse.
22(3) There has been a consent decree entered in a
23juvenile proceeding under 42 Pa.C.S. Ch. 63 (relating to
24juvenile matters) <-and, the decree involves the same factual
25circumstances involved in the allegation of child abuse<-., and
26the terms and conditions thereof include an acknowledgment,
27admission or finding that a child who is the subject of the
28report has been abused by the child who is alleged to be
30(4) A final protection from abuse order has been granted
<-11* * *
<-12["Founded report for school employee." A report under
13Subchapter C.1 (relating to students in public and private
14schools) if there has been any judicial adjudication based on a
15finding that the victim has suffered serious bodily injury or
16sexual abuse or exploitation, including the entry of a plea of
17guilty or nolo contendere or a finding of guilt to a criminal
18charge involving the same factual circumstances involved in the
19allegations of the report.]
20"General protective services." Those services and activities
21provided by each county agency for [nonabuse] cases requiring
22protective services, as defined by the [Department of Public
23Welfare] department in regulations.
24"Indicated report." [A child abuse report made pursuant to
25this chapter if an investigation by the county agency or the
26Department of Public Welfare determines that substantial
27evidence of the alleged abuse exists based on any of the
29(1) Available medical evidence.
30(2) The child protective service investigation.
3(1) Subject to paragraph paragraphs (2) <-and (3), a
4report of child abuse made pursuant to this chapter if an
5investigation by the department or county agency determines
6that substantial evidence of the alleged abuse by a
7perpetrator exists based on any of the following:
8(i) Available medical evidence.
9(ii) The child protective service investigation.
12(2) A report may be indicated under paragraph (1)(i) or
13(ii) for any child in need of child protective services,
14regardless of the number of alleged perpetrators or the
15inability to identify the specific perpetrator among two or
16more alleged perpetrators.
20["Indicated report for school employee." A report made under
21Subchapter C.1 (relating to students in public and private
22schools) if an investigation by the county agency determines
23that substantial evidence of serious bodily injury or sexual
24abuse or exploitation exists based on any of the following:
25(1) Available medical evidence.
26(2) The county agency's investigation.
1the same home as the child.]
5"Near fatality." [An act that, as certified by a physician,
6places a child in serious or critical condition.] A child's
7serious or critical condition, as certified by a physician,
8where that child is a subject of the report of child abuse.
9* * *
<-10"School." A facility providing elementary, secondary or
11postsecondary educational services. The term includes every
12public, nonpublic, private and parochial school, including each
13of the following:
18(3) A public or private college or university.
19(4) A community college.
20(5) A vocational-technical school.
21(6) An intermediate unit.
27(9) A nonprofit school located in this Commonwealth,
28other than a public school, wherein a resident of this
29Commonwealth may legally fulfill the compulsory school
30attendance requirements of the act of March 10, 1949 (P.L.30,
7(1) Any school of a school district.
8(2) An area vocational-technical school.
9(3) A joint school.
10(4) An intermediate unit.
11(5) A charter school or regional charter school.
12(6) A cyber charter school.
18(9) A nonpublic school.
19(10) A community college which is an institution now or
20hereafter created pursuant to Article XIX-A of the act of
21March 10, 1949 (P.L.30, No.14), known as the Public School
22Code of 1949, or the former act of August 24, 1963 (P.L.1132,
23No.484), known as the Community College Act of 1963.
24(11) An independent institution of higher education
25which is an institution of higher education which is operated
26not for profit, located in and incorporated or chartered by
27the Commonwealth, entitled to confer degrees as set forth in
2824 Pa.C.S. § 6505 (relating to power to confer degrees) and
29entitled to apply to itself the designation "college" or
30"university" as provided for by standards and qualifications
4(12) A State-owned university.
5(13) A State-related university.
9(15) Hiram G. Andrews Center.
10"School employee." An individual who is employed by a
11[public or private school, intermediate unit or area vocational-
12technical] school or who provides a program, activity or service
13in a school. The term includes an independent contractor that
14provides a program, activity or service in a school and the
15employees of the independent contractor that is directly
16responsible for the care, supervision, guidance or training of
17the child. [The term excludes an individual who has no direct
18contact with students.]
19* * *
24§ 6311. Persons required to report suspected child abuse.
25* * *
26(c) Staff members of institutions, etc.--Whenever a person
27is required to report under subsection (b) in the capacity as a
28member of the staff of a medical or other public or private
29institution, school, facility or agency, that person shall
30immediately report or cause a report to be made in accordance
1with section 6313. The person required to report shall also
2notify the person in charge of the institution, school, facility
3or agency or the designated agent of the person in charge. [Upon
4notification, the person in charge or the designated agent, if
5any, shall assume the responsibility and have the legal
6obligation to report or cause a report to be made in accordance
7with section 6313.] This chapter does not require more than one
8report from any such institution, school, facility or agency.
<-9(c.1) School employees.--A school employee who has
10reasonable cause to suspect, on the basis of professional or
11other training or expertise, that a student coming before the
12school employee in the employee's professional or official
13capacity is a victim of bodily injury, sexual abuse or sexual
14exploitation shall immediately report or cause a report to be
15made in accordance with section 6313. The person mandated to
16report shall also notify the administrator.
17* * *
18Section 3. Section 6313(c) of Title 23 is amended to read:<-
19§ 6313. Reporting procedure.
20* * *
21(c) Written reports.--Written reports from persons required
22to report under section 6311 shall be made to the appropriate
23county agency in a manner and on forms the department prescribes
24by regulation. The written reports shall include the following
25information if available:
26(1) The [names and addresses of the child and the
27parents or other person responsible for the care of the child
28if known.] name, age, gender, address, school and status of
29the child with a disability.
30(1.1) The name and address of the child's parent or
4[(3) The age and sex of the subjects of the report.]
8(5) The name [and relationship], relationship, home
9address and work address of the person or persons responsible
10for causing the suspected abuse, if known, and any evidence
11of prior abuse by that person or persons.
12(6) Family composition.
13(7) The source of the report.
24* * *
28STUDENTS IN PUBLIC AND PRIVATE SCHOOLS
16352. School employees.
46353.2. Responsibilities of county agency.
56353.3. Information in Statewide central register.
66353.4. Other provisions.
7§ 6351. Definitions.
15§ 6352. School employees.
17(1) Except as provided in paragraph (2), a school
18employee who has reasonable cause to suspect, on the basis of
19professional or other training and experience, that a student
20coming before the school employee in the employee's
21professional or official capacity is a victim of serious
22bodily injury or sexual abuse or sexual exploitation by a
23school employee shall immediately contact the administrator.
24(2) If the school employee accused of seriously injuring
25or sexually abusing or exploiting a student is the
26administrator, the school employee who has reasonable cause
27to suspect, on the basis of professional or other training
28and experience, that a student coming before the school
29employee in the employee's professional or official capacity
30is a victim of serious bodily injury or sexual abuse or
1sexual exploitation shall immediately report to law
2enforcement officials and the district attorney under section
36353(a) (relating to administration). If an administrator is
4the school employee who suspects injury or abuse, the
5administrator shall make a report under section 6353(a).
11(c) Criminal penalty.--
17§ 6353. Administration.
18(a) Requirement.--An administrator and a school employee
19governed by section 6352(a)(2) (relating to school employees)
20shall report immediately to law enforcement officials and the
21appropriate district attorney any report of serious bodily
22injury or sexual abuse or sexual exploitation alleged to have
23been committed by a school employee against a student.
26(1) Name, age, address and school of the student.
29(3) Name and address of the administrator.
30(4) Name, work and home address of the school employee.
1(5) Nature of the alleged offense.
11§ 6353.1. Investigation.
12(a) General rule.--Upon receipt of a report under section
136353 (relating to administration), an investigation shall be
14conducted by law enforcement officials, in cooperation with the
15district attorney, and a determination made as to what criminal
16charges, if any, will be filed against the school employee.
17(b) Referral to county agency.--
18(1) If local law enforcement officials have reasonable
19cause to suspect on the basis of initial review that there is
20evidence of serious bodily injury, sexual abuse or sexual
21exploitation committed by a school employee against a
22student, local law enforcement officials shall notify the
23county agency in the county where the alleged abuse or injury
24occurred for the purpose of the agency conducting an
25investigation of the alleged abuse or injury.
26(2) To the fullest extent possible, law enforcement
27officials and the county agency shall coordinate their
28respective investigations. In respect to interviews with the
29student, law enforcement officials and the county agency
30shall conduct joint interviews. In respect to interviews with
4(3) The county agency and law enforcement officials have
5the authority to arrange for photographs, medical tests or X-
6rays of a student alleged to have been abused or injured by a
7school employee. The county agency and law enforcement
8officials shall coordinate their efforts in this regard and,
9to the fullest extent possible, avoid the duplication of any
10photographs, medical tests or X-rays.
14§ 6353.2. Responsibilities of county agency.
15(a) Information for the pending complaint file.--Immediately
16after receiving a report under section 6353.1 (relating to
17investigation), the county agency shall notify the department of
18the receipt of the report, which is to be filed in the pending
19complaint file as provided in section 6331(1) (relating to
20establishment of pending complaint file, Statewide central
21register and file of unfounded reports). The oral report shall
22include the following information:
25(2) Where the suspected abuse or injury occurred.
26(3) The age and sex of the student.
3(7) The source of the report to the county agency.
8(b) Investigation of reports.--Upon receipt of a report
9under section 6353.1, the county agency shall commence, within
10the time frames established in department regulations, an
11investigation of the nature, extent and cause of any alleged
12abuse or injury enumerated in the report. The county agency
13shall coordinate its investigation to the fullest extent
14possible with law enforcement officials as provided in section
16(c) Completion of investigation.--The investigation by the
17county agency to determine whether the report is an indicated
18report for school employee or an unfounded report shall be
19completed within 60 days.
20(d) Notice to subject of a report.--Prior to interviewing a
21subject of the report, the county agency shall orally notify the
22subject of the report of the existence of the report and the
23subject's rights under this chapter in regard to amendment or
24expungement. Within 72 hours following oral notification to the
25subject, the county agency shall give written notice to the
26subject. The notice may be reasonably delayed if notification is
27likely to threaten the safety of the student or the county
28agency worker, to cause the school employee to abscond or to
29significantly interfere with the conduct of a criminal
1(e) Reliance on factual investigation.--The county agency
2may rely on a factual investigation of substantially the same
3allegations by a law enforcement officials to support the
4agency's finding. This reliance shall not relieve the county
5agency of its responsibilities relating to the investigation of
6reports under this subchapter.
7(f) Notice to the department of the county agency's
8determination.--As soon as the county agency has completed its
9investigation, the county agency shall advise the department and
10law enforcement officials of its determination of the report as
11an indicated report for school employee or an unfounded report.
12Supplemental reports shall be made at regular intervals
13thereafter in a manner and form the department prescribes by
14regulation to the end that the department is kept fully informed
15and up-to-date concerning the status of the report.
16§ 6353.3. Information in Statewide central register.
17The Statewide central register established under section 6331
18(relating to establishment of pending complaint file, Statewide
19central register and file of unfounded reports) shall retain
20only the following information relating to reports of abuse or
21injury of a student by a school employee which have been
22determined to be a founded report for school employee or an
23indicated report for school employee:
26(2) The home address of the subjects of the report.
1(5) Factors contributing to the abuse or injury.
2(6) The source of the report.
3(7) Whether the report is a founded or indicated report.
12§ 6353.4. Other provisions.
13The following provisions shall apply to the release and
14retention of information by the department and the county agency
15concerning reports of abuse or injury committed by a school
16employee as provided by this subchapter:
19Section 6337 (relating to disposition of unfounded reports).
22Section 6339 (relating to confidentiality of reports).
27Section 6342 (relating to studies of data in records).]
28Section 5 4<-. This act shall take effect in 60 days.