PRINTER'S NO. 4273

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2808

Session of

2020

INTRODUCED BY TOOHIL, PICKETT, McNEILL, MILLARD, MIHALEK, ROZZI,

READSHAW, STEPHENS, BOBACK, HOWARD, HILL-EVANS, OWLETT,

CIRESI AND MOUL, AUGUST 21, 2020

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 6341(a)(2) and (3), (b), (c), (c.2),

(c.3), (d) and (g) and 6368(f)(6) and (7) of Title 23 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 6341. Amendment or expunction of information.

(a) General rule.--Notwithstanding section 6338.1 (relating

to expunction of information of perpetrator who was under 18

years of age when child abuse was committed):

of child abuse to amend or expunge an indicated report on the

grounds that it is inaccurate or it is being maintained in a

manner inconsistent with this chapter. [The request shall be

in writing in a manner prescribed by the department.]

a request for administrative review under paragraph (2)], the

department shall send notice of the secretary's decision.

(b) Review of grant of request.--If the secretary grants the

request under subsection [(a)(2)] (a)(1), the Statewide

database, appropriate county agency, appropriate law enforcement

pursuant to Article IV of the act of June 13, 1967 (P.L.31,

No.21), known as the Public Welfare Code, attending departmental

regulations.] If no [administrative] appeal is received within

the designated time period, the Statewide database shall comply

with the decision of the secretary and advise the county agency

to amend or expunge the information in their records so that the

records are consistent at both the State and local levels.

(c) Review of refusal of request.--Subject to subsection

(c.1), if the secretary refuses a request under subsection (a)

(1) [or a request for administrative review under subsection (a)

the indicated report of child abuse to amend or expunge an

indicated report on the grounds that it is inaccurate or it is

being maintained in a manner inconsistent with this chapter. The

request for hearing must be made within 90 days of notice of the

decision or the expiration of the time period under subsection

(a)(3). The appropriate county agency and appropriate law

enforcement officials shall be given notice of the hearing. The

burden of proof in the hearing shall be on the appropriate

county agency. The department shall assist the county agency as

necessary.

pursuant to this section, the [department] court of common

pleas in the county which entered the indicated report of

child abuse shall schedule a hearing on the merits of the

appeal.

which entered the indicated report of child abuse shall make

reasonable efforts to coordinate the hearing date with both

the appellee and appellant.

have been made, the [department] court of common pleas in the

filed, unless all parties have agreed to a continuance.

Proceedings and hearings shall be scheduled to be heard on

consecutive days whenever possible, but if not on consecutive

days, then the proceeding or hearing shall be concluded not

later than 30 days from commencement.

person making an appeal with evidence gathered during the

child abuse investigation within its possession that is

relevant to the child abuse determination, subject to

sections 6339 (relating to confidentiality of reports) and

hearing officer's] decision by a judge of the court of common

pleas in a hearing under subsection (c.2) shall be entered,

filed and served upon the parties within 45 days of the date

upon which the proceeding or hearing is concluded unless, within

that time, the [tribunal] judge extends the date for the

decision by order entered of record showing good cause for the

extension. In no event shall an extension delay the entry of the

decision more than 60 days after the conclusion of the

proceeding or hearing.

* * *

dependency or delinquency proceeding pursuant to 42 Pa.C.S. Ch.

63 (relating to juvenile matters), including any appeal thereof,

involving the same factual circumstances as the [administrative]

appeal under subsection (b).

* * *

(g) Reconsideration and appeal.--Parties to a proceeding or

hearing held under subsection (c.2) have 15 calendar days from

the mailing date of the final order [of the Bureau of Hearings

and Appeals] to request [the secretary] a judge of the court of

common pleas in the county of jurisdiction to reconsider the

§ 6368. Investigation of reports.

* * *

(f) Final determination.--Immediately upon conclusion of the

child abuse investigation, the county agency shall provide the

results of its investigation to the department in a manner

prescribed by the department. Within three business days of

receipt of the results of the investigation from the county

agency, the department shall send notice of the final

determination to the subjects of the report, other than the

abused child. The determination shall include the following

to amendment or expunction of information) before a judge of

the court of common pleas in the county which entered the

indicated report of child abuse within 90 days of the date of

notice.

judge of the court of common pleas in the county which

entered the indicated report of child abuse on the merits on

an appeal of an indicated report filed pursuant to section

6341.