PRINTER'S NO. 32
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
43
Session of
2023
INTRODUCED BY MAJOR AND ZIMMERMAN, MARCH 7, 2023
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, MARCH 7, 2023
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in child protective services, further
providing for definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "founded report," "school" and
"student" in section 6303(a) of Title 23 of the Pennsylvania
Consolidated Statutes are amended to read:
§ 6303. Definitions.
(a) General rule.--The following words and phrases when used
in this chapter shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
* * *
"Founded report." A child abuse report involving a
perpetrator that is made pursuant to this chapter, 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
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circumstances involved in the allegation of child abuse. The
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 under 42 Pa.C.S. §
6341 (relating to adjudication) if the court has entered
a finding that a child who is the subject of the report
has been abused.
(iv) A finding of delinquency under 42 Pa.C.S. §
6341 if the court has entered a finding that the child
who is the subject of the report has been abused by the
child who was found to be delinquent.
[(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), the decree involves the same factual
circumstances involved in the allegation of child abuse and
the terms and conditions of the consent decree include an
acknowledgment, admission or finding that a child who is the
subject of the report has been abused by the child who is
alleged to be delinquent.
(4) A final protection from abuse order has been granted
under section 6108 (relating to relief), when the child who
is a subject of the report is one of the individuals
protected under the protection from abuse order and:
(i) only one individual is charged with the abuse in
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the protection from abuse action;
(ii) only that individual defends against the
charge;
(iii) the adjudication involves the same factual
circumstances involved in the allegation of child abuse;
and
(iv) the protection from abuse adjudication finds
that the child abuse occurred.
* * *
"School." A facility providing elementary, secondary or
postsecondary educational services. The term includes the
following:
(1) Any school of a school district.
(2) An area [vocational-technical] career and technical
school.
(3) A joint school.
(4) An intermediate unit.
(5) A charter school or regional charter school.
(6) A cyber charter school.
(7) A private school licensed under the act of January
28, 1988 (P.L.24, No.11), known as the Private Academic
Schools Act.
(8) A private school accredited by an accrediting
association approved by the State Board of Education.
(9) A nonpublic school.
(10) An institution of higher education.
(14) A private school licensed under the act of December
15, 1986 (P.L.1585, No.174), known as the Private Licensed
Schools Act.
(15) The Hiram G. Andrews Center.
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(16) A private residential rehabilitative institution as
defined in section 914.1-A(c) of the Public School Code of
1949.
* * *
"Student." An individual enrolled in a public or private
school, intermediate unit or area [vocational-technical] career
and technical school who is under 18 years of age.
* * *
Section 2. This act shall take effect in 60 days.
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