PRINTER'S NO. 1809
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1186
Session of
2018
INTRODUCED BY DINNIMAN, FONTANA, RAFFERTY, BREWSTER, YUDICHAK
AND BROWNE, MAY 31, 2018
REFERRED TO EDUCATION, MAY 31, 2018
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in school districts, providing for
duty to notify county.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 223.1. Duty to Notify County.--(a) The school
district in which the child resides or the school responsible
under Article XIII to report truancy in the case of a child
enrolled in a public school district, charter school, cyber
charter school, intermediate unit or area vocational-technical
school shall notify the county whenever a child enrolls in a
home school program or cyber charter school, is truant or fails
to register for school upon attaining compulsory school age if:
(1) A child or another child in the child's household has
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been the subject of a founded or indicated report or received
general protective services within the last eighteen months.
(2) The parent or other person the child resides with has
been the subject of a report within the last eighteen months.
(b) Upon receipt of the notice under subsection (a), the
county agency shall promptly perform a safety and risk
assessment. A subsequent safety and risk assessment shall be
performed if the county agency has determined that a risk of
abuse exists. If after a six-month safety and risk assessment it
is determined that no risk of abuse exists, no further
assessment may be made, except upon receipt of a report under 23
Pa.C.S. Ch. 63 Subch. B (relating to provisions and
responsibilities for reporting suspected child abuse).
(c) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"County agency." The county children and youth social
service agency established pursuant to section 405 of the act of
June 24, 1937 (P.L.2017, No.396), known as the "County
Institution District Law," or its successor, and supervised by
the Department of Human Services under Article IX of the act of
June 13, 1967 (P.L.31, No.21), known as the "Human Services
Code."
"Founded report." A child abuse report involving a
perpetrator that is made under this section, if any of the
following applies:
(1) There has been a judicial adjudication based on a
finding that a child who is a subject of the report has been
abused and the adjudication involves the same factual
circumstances involved in the allegation of child abuse. The
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judicial adjudication may include any of the following:
(i) The entry of a plea of guilty or nolo contendere.
(ii) A finding of guilt to a criminal charge.
(iii) A finding of dependency or delinquency under 42
Pa.C.S. § 6341 (relating to adjudication).
(2) There has been an acceptance into an accelerated
rehabilitative disposition program and the reason for the
acceptance involves the same factual circumstances involved in
the allegation of child abuse.
(3) There has been a consent decree entered in a juvenile
proceeding under 42 Pa.C.S. Ch. 63 (relating to juvenile
matters) and the decree involves the same factual circumstances
involved in the allegation of child abuse.
(4) A final protection from abuse order has been granted
under 23 Pa.C.S. § 6108 (relating to relief), when the child who
is a subject of the report is also one of the individuals
protected under the protection from abuse order and:
(i) only one individual is charged with the abuse in the
protection from abuse action;
(ii) only that individual defends against the charge; and
(iii) the protection from abuse adjudication finds that the
abuse occurred and prohibits further contact between the
individual and the child.
"General protective services." Those services and activities
provided by each county agency for non-abuse cases requiring
protective services, as defined by the Department of Human
Services in regulations.
"Indicated report." A child abuse report made pursuant to 23
Pa.C.S. Ch. 63 (relating to child protective services) if an
investigation by the county agency or the Department of Human
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Services determines that substantial evidence of the alleged
abuse exists based on any of the following:
(1) Available medical evidence.
(2) The child protective service investigation.
(3) An admission of the acts of abuse by the perpetrator.
"Perpetrator." A person who has committed child abuse and is
a parent of a child, a person responsible for the welfare of a
child, an individual residing in the same home as a child or a
paramour of a child's parent. The term includes only the
following:
(1) A parent of the child.
(2) A spouse or former spouse of a parent of the child.
(3) A paramour or former paramour of the parent.
(4) An individual who is 14 years of age or older and:
(i) resides in the same household as the child;
(ii) is present when and where the alleged child abuse
occurred; or
(iii) is related to the child within the fifth degree of
consanguinity or affinity but does not reside in the same
household as the child.
(5) A person responsible for the child's welfare.
"Person responsible for the child's welfare." A person who
provides permanent or temporary care, supervision, mental health
diagnosis or treatment, training or control of a child in lieu
of parental care, supervision and control. The term does not
include a person who is employed by or provides services or
programs in any public or private school, intermediate unit or
area vocational-technical school. The term includes a n
individual who has direct or regular contact with a child
through any program, activity or service sponsored by a school,
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for-profit organization or religious or other not-for-profit
organization, regardless of where the child abuse occurs.
Section 2. This act shall take effect in 60 days.
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