Bill Text: PA HB1575 | 2009-2010 | Regular Session | Introduced

---

Bill Title: Further providing for immunity from liability, for complaint files and for amendment or expunction of information.

Spectrum: Moderate Partisan Bill (Republican 8-1)

Status: (Introduced - Dead) 2009-06-01 - Referred to JUDICIARY [HB1575 Detail]

Download: Pennsylvania-2009-HB1575-Introduced.html

---

PRINTER'S NO. 1953
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1575 Session of2009
INTRODUCED BY KILLION, DENLINGER, FLECK, HENNESSEY, O'NEILL, VULAKOVICH, BEYER AND SIPTROTH, JUNE 1, 2009
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 1, 2009
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, further providing for immunity from
liability, for complaint files and for amendment or
expunction of information.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6318 of Title 23 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
§ 6318. Immunity from liability.
* * *
(c) False reports.--Any person who knowingly makes false
reports of suspected child abuse shall be guilty of a criminal
offense or delinquent act, as may be appropriate, equivalent to
making false reports to public officials and to law enforcement
authorities and shall also be liable in a civil action in the
form of damages to any juvenile facility or individual who
suffers injury as a result of the intentionally false report.
Section 2. Section 6331 of Title 23 is amended to read:
§ 6331. Establishment of pending complaint file, Statewide
central register and file of unfounded reports.
There shall be established in the department:
(1) A pending complaint file of child abuse reports
under investigation and a file of reports under investigation
pursuant to Subchapter C.1 (relating to students in public
and private schools).
(2) A Statewide central register of child abuse which
shall consist of founded and indicated reports.
(3) A file of unfounded reports awaiting expunction.
(4) A file containing the names and identifying
information of persons who have reported suspected child
abuse when the department or county agency has determined the
reports to be unfounded. The information contained in this
file shall be retained so as to identify both the name of the
person making each report and the name of the subject child
in each report such that persons reviewing the file may be
able to determine how many such reports have been made for
any particular subject child and who has made the reports.
The information contained in this file shall not include the
names of alleged perpetrators and nothing herein shall affect
the expunction of unfounded reports as otherwise prescribed
in this chapter. Other provisions of law notwithstanding,
information contained in this report shall be released to the
department and county agency investigating new reports of
abuse and to any person named as a perpetrator in any
indicated or founded report if, upon application to the
secretary, it can be shown that the existence of prior
unfounded reports is relevant to the determination of the new
report. If, upon application, release of the information in
this file is refused, the secretary shall describe with
20090HB1575PN1953 - 2 -
particularity why the information is deemed irrelevant and
shall, at a minimum, report the number of such reports
contained in the file.
Section 3. Section 6341 of Title 23 is amended by adding a
subsection to read:
§ 6341. Amendment or expunction of information.
* * *
(c.1) Certain appeals from refusal of request.--If any
employee of a juvenile facility and any school employee who is
named in an indicated or founded report of suspected child abuse
and who files an appeal seeking expunction of the report shall
be entitled to an initial hearing of the matter within 30 days
of the date of taking the appeal. Said initial hearing shall be
conducted before the secretary or the designated agent of the
secretary for the purpose of determining whether credible and
substantial evidence exists to support the determination made by
the department or the county agency. At the hearing, the
department or the county agency shall bear the burden of proof
and shall present evidence in a manner consistent with the
evidentiary standards set forth in this chapter. All evidence
gathered by the department or county agency as part of its
investigation leading to a determination shall be disclosed to
the appellant employee sufficiently in advance of the hearing so
as to make the disclosure meaningful and shall be subject to
cross-examination at the hearing. Once convened, said hearing
shall continue on successive days until concluded, such that a
ruling by the secretary or designee shall be made within 45 days
of the date on which the appeal is taken. If, at the hearing,
the secretary or designee concludes that insufficient evidence
exists to support the determination, the report shall be marked
20090HB1575PN1953 - 3 -
unfounded and expunction shall be granted in accordance with the
terms of this chapter. If the secretary or designee determines
that sufficient evidence has been presented, the matter shall be
scheduled for a full hearing on the merits. In this event, the
secretary or designee shall also determine whether the appellant
shall continue to work under any restrictions based on the
nature and extent of the evidence presented, said restrictions
may only be imposed based on evidence presented that the
appellant presents a danger to the subject child or other minors
under his or her care. At the hearing conducted on the merits,
the burden of proof shall remain with the department or county
agency and the determination shall be proved by a preponderance
of the evidence or the report shall be marked unfounded.
* * *
Section 4. This act shall take effect in 60 days.
20090HB1575PN1953 - 4 -