THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY KILLION, D. COSTA, DENLINGER, J. EVANS, FLECK, GEIST, GINGRICH, GRELL, HENNESSEY, KORTZ, MICOZZIE, MILNE, O'NEILL AND VEREB, JANUARY 31, 2011

REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 31, 2011  

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, further providing for definitions, 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 6303(a) of Title 23 of the Pennsylvania

Consolidated Statutes is amended by adding definitions 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:

* * *

"Detention facility."  A privately or publicly owned and

operated facility that is designated by the court and approved

by the Department of Public Welfare to detain a juvenile

temporarily.

"Detention facility employee."  An individual employed by a

detention facility. The term includes an independent contractor

and employees.

* * *

"Private residential rehabilitative institution."  The term

shall have the same meaning as given to it in section 914.1-A(c)

of the act of March 10, 1949 (P.L.30, No.14), known as the

Public School Code of 1949.

"Private residential rehabilitative institution employee."

An individual employed by a private residential rehabilitative

institution. The term includes an independent contractor and

employees.

* * *

"School."  A public or private school, intermediate unit or

area vocational-technical school.

* * *

Section 2.  Section 6318 of Title 23 is amended by adding a

subsection to read:

§ 6318.  Immunity from liability.

* * *

(c)  False reports.--Any person who intentionally makes a

false report of suspected child abuse against a school, private

residential rehabilitative institution, detention facility,

school employee, private residential rehabilitative institution

employee or detention facility employee commits a misdemeanor of

the third degree.

Section 3.  Section 6331(2) 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:

* * *

(2)  A Statewide central register of child abuse which

shall consist of founded and indicated reports[.] and which

contains the following subfiles that shall be retained

indefinitely:

(i)  A subfile of the names of perpetrators of

indicated and founded reports of child abuse if the

individual's Social Security number or date of birth is

known to the department.

(ii)  A subfile of the names of the persons who made

an intentionally false report of suspected child abuse

under section 6318(c) (relating to immunity from

liability), including the name of the subject child,

which shall only be made available to law enforcement,

the department or the county agency investigating new

allegations of suspected child abuse at a school, a

private residential rehabilitative institution or a

detention facility to determine the existence of a

pattern of false reports of suspected child abuse on

behalf of any one person or subject child.

* * *

Section 4.  Section 6341(a)(2), (c) and (f) of Title 23 are

amended and the section is amended by adding a subsection to

read:

§ 6341.  Amendment or expunction of information.

(a)  General rule.--At any time:

* * *

(2)  Any person named as a perpetrator, and any school

employee, private residential rehabilitative institution

employee or detention facility employee named, in an

indicated report of child abuse may, within 45 days of being

notified of the status of the report, request 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.

* * *

(c)  Review of refusal of request.--If the secretary refuses

the request under subsection (a)(2) or does not act within a

reasonable time, but in no event later than 30 days after

receipt of the request, the perpetrator [or], school employee,

private residential rehabilitative institution employee or

detention facility employee shall have the right to a hearing

before the secretary or a designated agent of the secretary to

determine whether the summary of the indicated report in the

Statewide central register should be amended or expunged on the

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

a manner inconsistent with this chapter. The perpetrator [or], 

school employee, private residential rehabilitative institution

employee or detention facility employee shall have 45 days from

the date of the letter giving notice of the decision to deny the

request in which to request a hearing. 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.

(c.1)  Appeals from refusal of request.--

(1)  A school employee, private residential

rehabilitative institution employee or detention facility

employee who is named in an indicated report of suspected

child abuse and who, under subsection (c), files an appeal,

shall be entitled to an initial hearing and ruling on the

matter within 45 days of the date the appeal was received by

the secretary. If a ruling on the matter is not issued within

45 days the report shall be marked unfounded and expunction

shall be granted in accordance with the terms of this

chapter.

(2)  The 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. 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. If the secretary or

designee concludes that insufficient evidence exists to

support the determination, the report shall be marked

unfounded and expunction shall be granted in accordance with

the terms of this chapter. If the secretary or designee

concludes that sufficient evidence has been presented, the

matter shall be scheduled for a full hearing on the merits.

If a full hearing is necessary and the appellant is a private

residential rehabilitative institution employee or detention

facility employee, the secretary or designee shall also

determine whether the appellant shall continue to work with

children and under what, if any, restrictions shall be

imposed based on the nature and extent of the evidence

presented. Restrictions may only be imposed if, based on

evidence presented, the appellant presents a danger to the

subject child or other minors under his or her care.

(3)  The department or county agency shall bear the

burden of proof at any hearing conducted before the secretary

or designee.

* * *

(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 and school

employee, private residential rehabilitative institution

employee or detention facility employee 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 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 after the termination or

completion of services provided or arranged by the county

agency.

Section 5.  This act shall take effect in 60 days.