PRINTER'S NO. 1347
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
938
Session of
2017
INTRODUCED BY SABATINA, VULAKOVICH, SCARNATI, MARTIN, RAFFERTY,
RESCHENTHALER AND COSTA, NOVEMBER 29, 2017
REFERRED TO HEALTH AND HUMAN SERVICES, NOVEMBER 29, 2017
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in child protective services, further
providing for disposition and expunction of unfounded reports
and general protective services reports.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6337(d) and (f) of Title 23 of the
Pennsylvania Consolidated Statutes are amended to read:
ยง 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
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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
until 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
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, 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.
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* * *
(f) County agency records.--Information concerning
protective services reports shall be maintained by a county
agency as follows:
(1) County agency records of protective services shall
be used and maintained in a manner that is consistent with
the use and maintenance of information in the Statewide
database, as provided under this chapter. If required under
this chapter to amend or expunge information in the Statewide
database, the department shall notify the appropriate county
agency of the amendment or expungement within ten days. The
county agency shall amend or expunge its records in a
commensurate manner within ten days of receiving notification
from the department.
(2) A county agency may maintain information regarding
protective services reports that have been expunged in the
Statewide database on the county agency's database solely for
internal access by the county agency. No other entity may
have access to the information.
Section 2. This act shall take effect immediately.
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