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A00985
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
764
Session of
2021
INTRODUCED BY B. MILLER, GREINER, ZIMMERMAN, RYAN, GLEIM,
DRISCOLL, KEEFER, RADER, R. MACKENZIE, STURLA, D. WILLIAMS,
MENTZER, THOMAS AND KAUFFMAN, MARCH 3, 2021
AS REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 4, 2021
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(b.1) and (m) of Title 23 of the
Pennsylvania Consolidated Statutes are amended and the section
is amended by adding a subsection to read:
§ 6344. Employees having contact with children; adoptive and
foster parents.
* * *
(b.1) Required documentation to be maintained and
produced.--The employer, administrator, supervisor or other
person responsible for employment decisions or acceptance of the
individual to serve in any capacity identified in subsection (a)
(1), (2), (3), (4), (5)(i) or (6), (a.1) or (a.2) shall maintain
a copy of the required information and require the individual to
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submit the required documents prior to employment or acceptance
to serve in any such capacity or as required in section 6344.4,
except as allowed under subsection [(m)] (m.1).
* * *
[(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.
(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
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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.]
(m.1) Conditions for provisional employees.--
(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
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).
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(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 MAY NOT 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. § 672 (relating
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, 2022
immediately.
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