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PRINTER'S NO. 2095
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1844
Session of
2021
INTRODUCED BY STAATS, QUINN, RYAN, MIZGORSKI, GUENST, MILLARD,
ROZZI, KINSEY, KAUFFMAN, THOMAS, SCHLEGEL CULVER, STRUZZI,
FARRY, GILLEN, JAMES, McNEILL, POLINCHOCK, M. MACKENZIE AND
MOUL, SEPTEMBER 10, 2021
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, SEPTEMBER 10, 2021
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 and for disposition
of founded and indicated reports, repealing provisions
relating to expunction of information of perpetrator who was
under 18 years of age when child abuse was committed and
further providing for amendment or expunction of information;
and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 6337 and 6338(b) and (c) of Title 23 of
the Pennsylvania Consolidated Statutes are amended to read:
§ 6337. Disposition and expunction of unfounded reports and
general protective services reports.
(a) General rule.--When a report of suspected child abuse is
determined by the appropriate county agency to be an unfounded
report, the information concerning that report of suspected
child abuse shall be maintained for a period of [one year] 30
years. Following the expiration of [one year] 30 years after the
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date the report was received by the department, the report shall
be expunged from the Statewide database, as soon as possible,
but no later than 120 days after the [one-year] 30-year period
following the date the report was received by the department,
and no information other than that authorized by subsection (b),
which shall not include any identifying information on any
subject of the report, shall be retained by the department. The
expunction shall be mandated and guaranteed by the department.
(b) Absence of other determination.--If an investigation of
a report of suspected child abuse conducted by the appropriate
county agency pursuant to this chapter does not determine within
60 days of the date of the initial report of the instance of
suspected child abuse that the report is a founded report, an
indicated report or an unfounded report, or unless within that
same 60-day period court action has been initiated and is
responsible for the delay, the report shall be considered to be
an unfounded report, and all information identifying the
subjects of the report shall be expunged no later than 120 days
following the expiration of [one year] 30 years after the date
the report was received by the department. The agency shall
advise the department that court action or an arrest has been
initiated so that the Statewide database is kept current
regarding the status of all legal proceedings and expunction is
delayed.
(c) Unfounded reports accepted for services.--Information on
an unfounded report shall be retained in the Statewide database
if the county agency has accepted the family for services and
the report of suspected child abuse is clearly identified as an
unfounded report. The county agency shall notify the department
immediately upon closure of the case, and the report shall be
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expunged as soon as possible, but no later than 120 days after
the [one-year] 30-year period following the date the family case
was closed. [If the subject child of the unfounded report
becomes 23 years of age prior to the closure of the family case,
the unfounded report shall be expunged when the subject child
reaches 23 years of age.]
(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 [ten] 30 years [or until the youngest child
identified in the most recent general protective services
report attains 23 years of age, whichever occurs first].
Following the expiration of [ten] 30 years after the date the
report was received by the department [or until the youngest
child identified in the most recent general protective
services 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 [ten-year] 30-year period following the date the
report was received by the department [or the youngest child
identified in the most recent general protective services
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,
except as otherwise provided in subsection (f)(2), and
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entered into the Statewide database. The reports shall be
maintained for a period of [ten] 30 years after the closure
of services by the county agency [or until the youngest child
identified in the most recent general protective services
report attains 23 years of age, whichever occurs first].
Following the expiration of [ten] 30 years after the closure
of services by the county agency [or until the youngest child
identified in the most recent general protective services
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 [ten-year]
30-year period following the closure of services by the
county agency [or the youngest child identified in the most
recent general protective services 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.
(e) Expunction of invalid general protective services
reports.--When a report alleging the need for general protective
services is determined by the appropriate county agency to be an
invalid report, the information concerning that report shall be
maintained for a period of [one year] 30 years. Following the
expiration of [one year] 30 years after the date the report was
received by the department, the report shall be expunged as soon
as possible, but no later than 120 days after the [one-year] 30-
year period following the date the report was received by the
department. The expunction shall be mandated and guaranteed by
the department.
(f) County agency records.--Information concerning
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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, except as otherwise
provided in paragraph (2). 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 for access by the county agency to assist
in future risk and safety assessments and research.
§ 6338. Disposition of founded and indicated reports.
* * *
[(b) Expunction of information when child attains 23 years
of age.--Except as provided in subsection (c), all information
which identifies the subjects of founded and indicated child
abuse reports shall be expunged when the subject child reaches
the age of 23. The expunction shall be mandated and guaranteed
by the department.]
(c) Retention of information.--The Statewide database shall
indefinitely retain the names of perpetrators of child abuse and
school employees who are subjects of unfounded, founded or
indicated reports only if the individual's Social Security
number or date of birth is known to the department. [The entry
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in the Statewide database shall not include identifying
information regarding other subjects of the report.]
Section 2. Section 6338.1 of Title 23 is repealed:
[§ 6338.1. Expunction of information of perpetrator who was
under 18 years of age when child abuse was committed.
(a) General rule.--The name of a perpetrator who is the
subject of an indicated report of child abuse and who was under
18 years of age when the individual committed child abuse shall
be expunged from the Statewide database when the individual
reaches 21 years of age or when five years have elapsed since
the perpetrator's name was added to the database, whichever is
later, if the individual meets all of the following:
(1) The individual has not been named as a perpetrator
in any subsequent indicated report of child abuse and is not
named as an alleged perpetrator in a child abuse report
pending investigation.
(2) The individual has never been convicted or
adjudicated delinquent following a determination by the court
that the individual committed an offense under section
6344(c) (relating to employees having contact with children;
adoptive and foster parents), and no proceeding is pending
seeking such conviction or adjudication.
(3) The child abuse which resulted in the inclusion of
the perpetrator's name in the database did not involve the
use of a deadly weapon, as defined under 18 Pa.C.S. § 2301
(relating to definitions).
(b) Mandated expunction.--If the perpetrator meets all of
the requirements under subsection (a), the expunction shall be
mandated and guaranteed by the department.
(c) Nonapplicability.--The provisions of this section shall
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not apply to any of the following cases:
(1) A perpetrator who is the subject of a founded report
of child abuse.
(2) A sexually violent delinquent child, as defined in
42 Pa.C.S. § 9799.12 (relating to definitions), who meets all
of the following:
(i) Is required to register under 42 Pa.C.S. Ch. 97
Subch. H (relating to registration of sexual offenders).
(ii) Was found delinquent as a result of the same
acts which resulted in the sexually violent delinquent
child being named a perpetrator of child abuse.
(3) A juvenile offender, as defined in 42 Pa.C.S. §
9799.12, who meets all of the following:
(i) Is required to register under 42 Pa.C.S. Ch. 97
Subch. H as a result of an adjudication of delinquency
for the same acts which resulted in the juvenile offender
being named a perpetrator of child abuse.
(ii) Has not been removed from the Statewide
Registry of Sexual Offenders pursuant to 42 Pa.C.S. §
9799.17 (relating to termination of period of
registration for juvenile offenders).
(4) An individual who:
(i) Is required to register under 42 Pa.C.S. Ch. 97
Subch. H or I (relating to continued registration of
sexual offenders) as a result of a criminal conviction
for the same acts which resulted in the sexual offender
being named a perpetrator of child abuse.
(ii) Has not completed the period of registration
required under 42 Pa.C.S. Subch. H or I.]
Section 3. Sections 6340(d), 6341 heading, (a), (b), (c),
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(e) and (f), 6368(f)(6) and 6381(a) of Title 23 are amended to
read:
§ 6340. Release of information in confidential reports.
* * *
(d) Exclusion of information.--Except as provided under
section 6341(c.2)(4) (relating to amendment [or expunction] of
information), information maintained in the Statewide database
obtained from an investigating agency in relation to an appeal
request shall not be released to any person except a department
official. Information in the Statewide database or a
confidential report provided under section 6341(c.2)(4) shall be
subject to subsection (c).
§ 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)] the provisions of
this chapter:
(1) At any time, the secretary may amend [or expunge]
any record in the Statewide database under this chapter upon
good cause shown and notice to the appropriate subjects of
the report. The request shall be in writing in a manner
prescribed by the department. For purposes of this paragraph,
good cause shall include, but is not limited to, [the
following:
(i) Newly] newly discovered evidence that an
indicated report of child abuse is inaccurate or is being
maintained in a manner inconsistent with this chapter.
[(ii) A determination that the perpetrator in an
indicated report of abuse no longer represents a risk of
child abuse and that no significant public purpose would
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be served by the continued listing of the person as a
perpetrator in the Statewide database.]
(2) Any person named as a perpetrator, and any school
employee named, in an indicated report of child abuse may,
within 90 days of being notified of the status of the report,
request an administrative review by, or appeal and request a
hearing before, the secretary 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.
(3) Within 60 days of a request under paragraph (1) or 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), the Statewide database,
appropriate county agency, appropriate law enforcement officials
and all subjects shall be so advised of the decision. The county
agency and any subject have 90 days in which to file an
administrative appeal with the secretary. If an administrative
appeal is received, the secretary or his designated agent shall
schedule a hearing 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
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(c.1), if the secretary refuses a request under subsection (a)
(1) or a request for administrative review under subsection (a)
(2), or does not act within the prescribed time, the perpetrator
or school employee shall have the right to appeal and request a
hearing before the secretary 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. 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.
* * *
(e) Order.--The secretary or designated agent may make any
appropriate order respecting the amendment [or expunction] of
such records to make them accurate or consistent with the
requirements of this chapter.
(f) Notice of expunction.--Written notice of an expunction
of any child abuse record made pursuant to the provisions of
this chapter shall be served upon the subject of the record who
was responsible for the abuse or injury and the appropriate
county agency. Except as provided in this subsection, the county
agency, upon receipt of the notice, shall take appropriate,
similar action in regard to the local child abuse records and
inform, for the same purpose, the appropriate coroner if that
officer has received reports pursuant to section 6367 (relating
to reports to department and coroner). Whenever the county
agency investigation reveals, within 60 days of receipt of the
report of suspected child abuse, that the report is unfounded
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but that the subjects need services provided or arranged by the
county agency, the county agency shall retain those records and
shall specifically identify that the report was an unfounded
report of suspected child abuse. An unfounded report regarding
subjects who receive services shall be expunged no later than
120 days following the expiration of [one year] 30 years after
the termination or completion of services provided or arranged
by the county agency.
* * *
§ 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
information:
* * *
(6) The perpetrator's right to file an appeal of an
indicated finding of abuse pursuant to section 6341 (relating
to amendment [or expunction] of information) within 90 days
of the date of notice.
* * *
§ 6381. Evidence in court proceedings.
(a) General rule.--In addition to the rules of evidence
provided under 42 Pa.C.S. Ch. 63 (relating to juvenile matters),
the rules of evidence in this section shall govern in child
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abuse proceedings in court or in any department administrative
hearing pursuant to section 6341 (relating to amendment [or
expunction] of information).
* * *
Section 4. This act shall take effect in 60 days.
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