PRINTER'S NO. 85
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
111
Session of
2017
INTRODUCED BY SABATINA, VULAKOVICH, RESCHENTHALER, BARTOLOTTA,
SCHWANK, FOLMER, FONTANA, BREWSTER, WARD, COSTA, LANGERHOLC,
BOSCOLA, HAYWOOD, LAUGHLIN, RAFFERTY AND HUGHES,
JANUARY 13, 2017
REFERRED TO HEALTH AND HUMAN SERVICES, JANUARY 13, 2017
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in child protective services, further
providing for definitions, for disposition and expunction of
unfounded reports and general protective services reports,
for employees having contact with children and adoptive and
foster parents, for volunteers having contact with children
and for recertification.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "institution of higher
education," "matriculated student" and "school" in section
6303(a) of Title 23 of the Pennsylvania Consolidated Statutes,
amended or added July 1, 2015 (P.L.94, No.15), are amended and
the subsection is amended by adding a definition to read:
§ 6303. Definitions.
(a) General rule.--The following words and phrases when used
in this chapter shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
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"Health care personnel." Includes any of the following:
(1) A health care provider, including a health care
provider or an employee of a health care provider who
provides health care services in a health care facility.
(2) An employee of a health care facility.
The term does not apply to services provided by administrative
or other support personnel unless the administrative or other
support personnel have direct contact with children.
* * *
"Institution of [higher] postsecondary education." Any of
the following:
(1) A community college which is an institution now or
hereafter created pursuant to Article XIX-A of the act of
March 10, 1949 (P.L.30, No.14), known as the Public School
Code of 1949, or the act of August 24, 1963 (P.L.1132,
No.484), known as the Community College Act of 1963.
(2) An independent institution of higher education which
is an institution of higher education located in and
incorporated or chartered by the Commonwealth, entitled to
confer degrees as set forth in 24 Pa.C.S. § 6505 (relating to
power to confer degrees) and entitled to apply to itself the
designation "college," "university" or "seminary" as provided
for by standards and qualifications prescribed by the State
Board of Education under 24 Pa.C.S. Ch. 65.
(3) A State-owned institution.
(4) A State-related institution.
(5) An education enterprise.
(6) A private school licensed under the act of December
15, 1986 (P.L.1585, No.174), known as the Private Licensed
Schools Act.
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* * *
"Matriculated student." A student who is enrolled in an
institution of [higher] postsecondary education and pursuing a
program of study that results in a postsecondary credential,
such as a certificate, diploma or degree.
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"School." A facility providing elementary, secondary or
postsecondary educational services. The term includes the
following:
(1) Any school of a school district.
(2) An area vocational-technical school.
(3) A joint school.
(4) An intermediate unit.
(5) A charter school or regional charter school.
(6) A cyber charter school.
(7) A private school licensed under the act of January
28, 1988 (P.L.24, No.11), known as the Private Academic
Schools Act.
(8) A private school accredited by an accrediting
association approved by the State Board of Education.
(9) A nonpublic school.
(10) An institution of [higher] postsecondary education.
[(14) A private school licensed under the act of
December 15, 1986 (P.L.1585, No.174), known as the Private
Licensed Schools Act.]
(15) The Hiram G. Andrews Center.
(16) A private residential rehabilitative institution as
defined in section 914.1-A(c) of the Public School Code of
1949.
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Section 2. Section 6337(d) of Title 23 is amended to read:
§ 6337. Disposition and expunction of unfounded reports and
general protective services reports.
* * *
(d) Expunction of valid general protective services
reports.--Information concerning valid general protective
services reports shall be maintained in the Statewide database
as follows:
(1) Reports that are assessed by the county agency and
are determined to be valid, but are not accepted for
services, shall be reported to the department and entered
into the Statewide database. The reports shall be maintained
for a period of [five] 10 years or until the child who is the
subject of the report attains 23 years of age, whichever
occurs first. Following the expiration of [five] 10 years
after the date the report was received by the department or
when the child who is the subject of the report attains 23
years of age, whichever occurs first, the report shall be
expunged from the Statewide database as soon as possible, but
no later than 120 days after the [five-year] 10-year period
following the date the report was received by the department
or 120 days after the child who is the subject of the report
attains 23 years of age, whichever occurs first.
(2) Reports that are assessed by the county agency and
accepted for services shall be reported to the department and
entered into the Statewide database. The reports shall be
maintained for a period of [five] 10 years after the closure
of services by the county agency or until the child who is
the subject of the report attains 23 years of age, whichever
occurs first. Following the expiration of [five] 10 years
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after the closure of services by the county agency or when
the child who is the subject of the report attains 23 years
of age, whichever occurs first, the report shall be expunged
from the Statewide database as soon as possible, but no later
than 120 days after the [five-year] 10-year period following
the closure of services by the county agency or 120 days
after the child who is the subject of the report attains 23
years of age, whichever occurs first.
(3) The expunction of information on general protective
services under this subsection shall be mandated and
guaranteed by the department.
* * *
Section 3. Section 6344(a.1)(2), (b) and (b.1) of Title 23,
amended July 1, 2015 (P.L.94, No.15), are amended and subsection
(a) is amended by adding paragraphs to read:
§ 6344. Employees having contact with children; adoptive and
foster parents.
(a) Applicability.--Beginning December 31, 2014, this
section applies to the following individuals:
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(9) An individual 18 years of age or older who is
applying for or holding a paid position as health care
personnel and is a person responsible for the child's welfare
or having direct contact with children.
(10) An individual who is a member of the clergy and is
a person responsible for the child's welfare or having direct
contact with children.
(a.1) School employees.--This section shall apply to school
employees as follows:
* * *
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(2) (i) School employees not governed by the provisions
of the Public School Code of 1949 shall be governed by
this section.
(ii) This paragraph shall not apply to an employee
of an institution of [higher] postsecondary education
whose direct contact with children, in the course of
employment, is limited to either:
(A) prospective students visiting a campus
operated by the institution of [higher] postsecondary
education; or
(B) matriculated students who are enrolled with
the institution.
(iii) The exemption under subparagraph (ii)(B) shall
not apply to students who are enrolled in a secondary
school.
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(b) Information to be submitted.--An individual identified
in subsection (a)(7) or (8) at the time the individual meets the
description set forth in subsection (a)(7) or (8) and an
individual identified in subsection (a)(1), (2), (3), (4), (5)
[or], (6), (9) or (10), (a.1) or (a.2) prior to the commencement
of employment or service or in accordance with section 6344.4
shall be required to submit the following information to an
employer, administrator, supervisor or other person responsible
for employment decisions or involved in the selection of
volunteers:
(1) Pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal
history record information), a report of criminal history
record information from the Pennsylvania State Police or a
statement from the Pennsylvania State Police that the State
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Police central repository contains no such information
relating to that person. The criminal history record
information shall be limited to that which is disseminated
pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to general
regulations).
(2) A certification from the department as to whether
the applicant is named in the Statewide database as the
alleged perpetrator in a pending child abuse investigation or
as the perpetrator of a founded report or an indicated
report.
(3) A report of Federal criminal history record
information. The applicant shall submit a full set of
fingerprints to the Pennsylvania State Police for the purpose
of a record check, and the Pennsylvania State Police or its
authorized agent shall submit the fingerprints to the Federal
Bureau of Investigation for the purpose of verifying the
identity of the applicant and obtaining a current record of
any criminal arrests and convictions.
(b.1) Required documentation to be maintained and
produced.--The employer, administrator, supervisor or other
person responsible for employment decisions or acceptance of the
individual to serve in any capacity identified in subsection (a)
(1), (2), (3), (4), (5) [or], (6), (9) or (10), (a.1) or (a.2)
shall maintain a copy of the required information and require
the individual to submit the required documents prior to
employment or acceptance to serve in any such capacity or as
required in section 6344.4, except as allowed under subsection
(m).
* * *
Section 4. Section 6344.2(a) of Title 23, amended July 1,
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2015 (P.L.94, No.15), is amended to read:
§ 6344.2. Volunteers having contact with children.
(a) Applicability.--This section applies to an adult
applying for or holding an unpaid position as a volunteer as
health care personnel or with a child-care service, a school or
a program, activity or service, as a person responsible for the
child's welfare or having direct volunteer contact with
children.
* * *
Section 5. Section 6344.4(1) introductory paragraph and (i)
of Title 23, amended July 1, 2015 (P.L.94, No.15), are amended
and the section is amended by adding a paragraph to read:
§ 6344.4. Recertification.
New certifications shall be obtained in accordance with the
following:
(1) [Effective] Except as provided in paragraph (4),
effective December 31, 2014:
(i) [Except as provided in subparagraph (v), a] A
person identified in section 6344 (relating to employees
having contact with children; adoptive and foster
parents) shall be required to obtain the certifications
required by this chapter every 60 months.
* * *
(4) Effective August 1, 2017:
(i) A person identified in section 6344(a)(9) or
(10) and health care personnel under section 6344.2(a)
shall be required to obtain the certifications required
by this chapter every 60 months.
(ii) Any person identified in section 6344(a)(9) or
(10) and health care personnel under section 6344.2(a)
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with a current certification issued prior to the
effective date of this paragraph shall be required to
obtain the certifications required by this chapter within
60 months from the date of the person's oldest
certification or, if the current certification is older
than 60 months, no later than December 31, 2017.
(iii) A person identified in section 6344(a)(9) or
(10) and health care personnel under section 6344.2(a)
without a certification, including a person who was
previously not required to have a certification, shall be
required to obtain the certifications required by this
chapter no later than December 31, 2017.
Section 6. This act shall take effect immediately.
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