PRIOR PRINTER'S NOS. 3732, 3861
PRINTER'S NO. 3925
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2503
Session of
2020
INTRODUCED BY B. MILLER, RYAN, RADER, ZIMMERMAN, DRISCOLL,
MACKENZIE, STURLA, MENTZER, THOMAS, WILLIAMS, MURT, GREINER
AND KORTZ, MAY 12, 2020
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 10, 2020
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in child protective services, further
providing for employees having contact with children and
adoptive and foster parents.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6344(m) of Title 23 of the Pennsylvania
Consolidated Statutes, amended July 2, 2019 (P.L.336, No.47), is
amended to read:
ยง 6344. Employees having contact with children; adoptive and
foster parents.
* * *
(m) Provisional employees for limited periods.--[Employers,
administrators, supervisors or other persons] An employer,
administrator, supervisor or other person responsible for
employment decisions may [not] employ [applicants] an applicant
on a provisional basis[, except that the department is
authorized to grant a waiver of this provision upon request from
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
a] for a single period not to exceed 45 days. A child day-care
center, group day-care home or family child-care home[. If a
child day-care center, group day-care home or family child-care
home is granted a waiver, an applicant may be employed] may
employ an applicant on a provisional basis for a single period
not to exceed 45 days only if, upon request, the department
grants a waiver. In order for an employer, administrator,
supervisor or other person responsible for employment decisions
to employ an applicant on a provisional basis for a single
period not to exceed 45 days, [if] all of the following
conditions [are] must be met:
(1) The applicant has applied for the information
required under subsection (b) and the applicant provides a
copy of the appropriate completed request forms to the
employer, administrator, supervisor or other person
responsible for employment decisions.
(2) The employer, administrator, supervisor or other
person responsible for employment decisions has no knowledge
of information pertaining to the applicant which would
disqualify [him] the applicant from employment pursuant to
subsection (c).
(3) The applicant swears or affirms in writing that [he]
the applicant is not disqualified from employment pursuant to
subsection (c) or has not been convicted of an offense
similar in nature to those crimes listed in subsection (c)
under the laws or former laws of the United States or one of
its territories or possessions, another state, the District
of Columbia, the Commonwealth of Puerto Rico or a foreign
nation, or under a former law of this Commonwealth.
(3.1) [A child day-care center, group day-care home or
20200HB2503PN3925 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
family child-care home] The employer, administrator,
supervisor or other person responsible for employment
decisions received the result of the report of the criminal
history record information under subsection (b)(1) or (3).
(4) If the information obtained pursuant to subsection
(b) reveals that the applicant is disqualified from
employment pursuant to subsection (c), the applicant shall be
immediately dismissed by the employer, administrator,
supervisor or other person responsible for employment
decisions.
(5) The employer, administrator, supervisor or other
person responsible for employment decisions requires that the
applicant not be permitted to work alone with children and
that the applicant work in the immediate vicinity of a
permanent employee.
(M) PROVISIONAL EMPLOYEES FOR LIMITED PERIODS.--[EMPLOYERS,
ADMINISTRATORS, SUPERVISORS OR OTHER PERSONS RESPONSIBLE FOR
EMPLOYMENT DECISIONS MAY NOT EMPLOY APPLICANTS ON A PROVISIONAL
BASIS, EXCEPT THAT THE DEPARTMENT IS AUTHORIZED TO GRANT A
WAIVER OF THIS PROVISION UPON REQUEST FROM A CHILD DAY-CARE
CENTER, GROUP DAY-CARE HOME OR FAMILY CHILD-CARE HOME. IF A
CHILD DAY-CARE CENTER, GROUP DAY-CARE HOME OR FAMILY CHILD-CARE
HOME IS GRANTED A WAIVER, AN APPLICANT MAY BE EMPLOYED ON A
PROVISIONAL BASIS FOR A SINGLE PERIOD NOT TO EXCEED 45 DAYS, IF
ALL OF THE FOLLOWING CONDITIONS ARE MET:
(1) THE APPLICANT HAS APPLIED FOR THE INFORMATION
REQUIRED UNDER SUBSECTION (B) AND THE APPLICANT PROVIDES A
COPY OF THE APPROPRIATE COMPLETED REQUEST FORMS TO THE
EMPLOYER, ADMINISTRATOR, SUPERVISOR OR OTHER PERSON
RESPONSIBLE FOR EMPLOYMENT DECISIONS.
20200HB2503PN3925 - 3 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) THE EMPLOYER, ADMINISTRATOR, SUPERVISOR OR OTHER
PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS HAS NO KNOWLEDGE
OF INFORMATION PERTAINING TO THE APPLICANT WHICH WOULD
DISQUALIFY HIM FROM EMPLOYMENT PURSUANT TO SUBSECTION (C).
(3) THE APPLICANT SWEARS OR AFFIRMS IN WRITING THAT HE
IS NOT DISQUALIFIED FROM EMPLOYMENT PURSUANT TO SUBSECTION
(C) OR HAS NOT BEEN CONVICTED OF AN OFFENSE SIMILAR IN NATURE
TO THOSE CRIMES LISTED IN SUBSECTION (C) UNDER THE LAWS OR
FORMER LAWS OF THE UNITED STATES OR ONE OF ITS TERRITORIES OR
POSSESSIONS, ANOTHER STATE, THE DISTRICT OF COLUMBIA, THE
COMMONWEALTH OF PUERTO RICO OR A FOREIGN NATION, OR UNDER A
FORMER LAW OF THIS COMMONWEALTH.
(3.1) A CHILD DAY-CARE CENTER, GROUP DAY-CARE HOME OR
FAMILY CHILD-CARE HOME RECEIVED THE RESULT OF THE REPORT OF
THE CRIMINAL HISTORY RECORD INFORMATION UNDER SUBSECTION (B)
(1) OR (3).
(4) IF THE INFORMATION OBTAINED PURSUANT TO SUBSECTION
(B) REVEALS THAT THE APPLICANT IS DISQUALIFIED FROM
EMPLOYMENT PURSUANT TO SUBSECTION (C), THE APPLICANT SHALL BE
IMMEDIATELY DISMISSED BY THE EMPLOYER, ADMINISTRATOR,
SUPERVISOR OR OTHER PERSON RESPONSIBLE FOR EMPLOYMENT
DECISIONS.
(5) THE EMPLOYER, ADMINISTRATOR, SUPERVISOR OR OTHER
PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS REQUIRES THAT THE
APPLICANT NOT BE PERMITTED TO WORK ALONE WITH CHILDREN AND
THAT THE APPLICANT WORK IN THE IMMEDIATE VICINITY OF A
PERMANENT EMPLOYEE.]
(1) AN EMPLOYER, ADMINISTRATOR, SUPERVISOR OR OTHER
PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS MAY EMPLOY AN
APPLICANT ON A PROVISIONAL BASIS FOR A SINGLE PERIOD NOT TO
20200HB2503PN3925 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
EXCEED 45 DAYS IF THE FOLLOWING CONDITIONS ARE MET:
(I) THE APPLICANT HAS APPLIED FOR THE INFORMATION
REQUIRED UNDER SUBSECTION (B) AND PROVIDED A COPY OF THE
APPROPRIATE COMPLETED REQUEST FORMS TO THE EMPLOYER,
ADMINISTRATOR, SUPERVISOR OR OTHER PERSON RESPONSIBLE FOR
EMPLOYMENT DECISIONS.
(II) THE EMPLOYER, ADMINISTRATOR, SUPERVISOR OR
OTHER PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS HAS NO
KNOWLEDGE OF INFORMATION THAT WOULD DISQUALIFY THE
APPLICANT FROM EMPLOYMENT UNDER SUBSECTION (C).
(III) THE APPLICANT SWEARS OR AFFIRMS IN WRITING
THAT THE APPLICANT IS NOT DISQUALIFIED FROM EMPLOYMENT
UNDER SUBSECTION (C) AND HAS NOT BEEN CONVICTED OF AN
OFFENSE SIMILAR IN NATURE TO THOSE CRIMES LISTED IN
SUBSECTION (C) UNDER THE LAWS OR FORMER LAWS OF THIS
COMMONWEALTH OR ANY OTHER JURISDICTION.
(IV) THE EMPLOYER, ADMINISTRATOR, SUPERVISOR OR
OTHER PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS HAS
RECEIVED THE RESULT OF THE REPORT OF THE CRIMINAL HISTORY
RECORD INFORMATION UNDER SUBSECTION (B)(1) OR (3).
(2) AN EMPLOYEE HIRED ON A PROVISIONAL BASIS UNDER THIS
SUBSECTION MUST WORK IN THE IMMEDIATE VICINITY OF A PERMANENT
EMPLOYEE AND SHALL NOT BE PERMITTED TO BE ALONE WITH
CHILDREN.
( 3) IF THE INFORMATION OBTAINED IN ACCORDANCE WITH
SUBSECTION (B) REVEALS THAT THE APPLICANT IS DISQUALIFIED
FROM EMPLOYMENT PURSUANT TO SUBSECTION (C), THE APPLICANT
SHALL BE DISMISSED IMMEDIATELY.
(4) THIS SUBSECTION DOES NOT APPLY TO A CHILD-CARE
INSTITUTION WITHIN THE MEANING OF 42 U.S.C. ยง 672 (RELATING
20200HB2503PN3925 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
TO FOSTER CARE MAINTENANCE PAYMENTS PROGRAM) OR FACILITY THAT
SERVES CHILDREN AND IS LICENSED BY THE DEPARTMENT OF HUMAN
SERVICES, OTHER THAN A CHILD DAY-CARE CENTER, GROUP DAY-CARE
HOME OR FAMILY CHILD-CARE HOME.
* * *
Section 2. This act shall take effect January 1, 2021.
20200HB2503PN3925 - 6 -
1
2
3
4
5
6