Bill Text: PA SB549 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for definitions, for persons required to report suspected child abuse, for reporting procedure and for immunity from liability; providing for false reports of child abuse; and further providing for release of information in confidential reports, for school employees, for administration, for investigation, for responsibilities of county agency for child protective services and for investigation of reports.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-06-20 - Re-referred to APPROPRIATIONS [SB549 Detail]

Download: Pennsylvania-2011-SB549-Introduced.html

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PRINTER'S NO. 652
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 549 Session of2011
INTRODUCED BY FONTANA, KASUNIC, TARTAGLIONE, BROWNE, ORIE, YAW, RAFFERTY, FARNESE, KITCHEN, WARD, BOSCOLA, PIPPY, WILLIAMS, EICHELBERGER, LEACH, MENSCH, VANCE, WAUGH, COSTA, HUGHES, BREWSTER, SOLOBAY, WASHINGTON, GREENLEAF, BAKER, STACK, ARGALL, YUDICHAK, WOZNIAK, BLAKE, ALLOWAY, D. WHITE, DINNIMAN, FERLO AND PICCOLA, FEBRUARY 25, 2011
REFERRED TO AGING AND YOUTH, FEBRUARY 25, 2011
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, further providing for definitions, for
persons required to report suspected child abuse, for
reporting procedure and for immunity from liability;
providing for false reports of child abuse; and further
providing for release of information in confidential reports,
for school employees, for administration, for investigation,
for responsibilities of county agency for child protective
services and for investigation of reports.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "founded report for school
employee" and "indicated report for school employee" in section
6303 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 for school employee." A report under
Subchapter C.1 (relating to students in public and private
schools) if there has been any judicial adjudication based on a
finding that the victim has suffered serious physical injury,
serious bodily injury or sexual abuse or exploitation, including
the entry of a plea of guilty or nolo contendere or a finding of
guilt to a criminal charge involving the same factual
circumstances involved in the allegations of the report.
* * *
"Indicated report for school employee." A report made under
Subchapter C.1 (relating to students in public and private
schools) if an investigation by the county agency determines
that substantial evidence of serious physical injury, serious
bodily injury or sexual abuse or exploitation exists based on
any of the following:
(1) Available medical evidence.
(2) The county agency's investigation.
(3) An admission of the acts of abuse by the school
employee.
* * *
Section 2. Sections 6311(c), 6313(c) and 6318(a) of Title 23
are amended to read:
§ 6311. Persons required to report suspected child abuse.
* * *
(c) Staff members of institutions, etc.--Whenever a person
is required to report under subsection (b) in the capacity as a
member of the staff of a medical or other public or private
institution, school, facility or agency, that person shall
immediately notify the person in charge of the institution,
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school, facility or agency or the designated agent of the person
in charge. Upon notification, the person in charge or the
designated agent, if any, shall assume the responsibility and
have the legal obligation to report or cause a report to be made
in accordance with section 6313. In the event that the person
suspected of child abuse is the person in charge or the
designated agent of the person in charge, the staff member
reporting shall have the legal obligation to report or cause a
report to be made in accordance with section 6313. This chapter
does not require more than one report from any such institution,
school, facility or agency.
* * *
§ 6313. Reporting procedure.
* * *
(c) Written reports.--Written reports from persons required
to report under section 6311 shall be made to the appropriate
county agency in a manner and on forms the department prescribes
by regulation. The written reports shall include the following
information if available:
(1) The names and addresses of the child and the parents
or other person responsible for the care of the child if
known, and the child's disability status.
(2) Where the suspected abuse occurred.
(3) The age and sex of the subjects of the report.
(4) The nature and extent of the suspected child abuse,
including any evidence of prior abuse to the child or
siblings of the child.
(5) The name and relationship of the person or persons
responsible for causing the suspected abuse, if known, and
any evidence of prior abuse by that person or persons.
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(6) Family composition.
(7) The source of the report.
(8) The person making the report and where that person
can be reached.
(9) The actions taken by the reporting source, including
the taking of photographs and X-rays, removal or keeping of
the child or notifying the medical examiner or coroner.
(10) Any other information which the department may
require by regulation.
* * *
§ 6318. Immunity from liability.
(a) General rule.--A person, hospital, institution, school,
facility, agency or agency employee that participates in good
faith in the making of a report, whether required or not,
cooperating with an investigation, including providing
information to a child fatality or near fatality review team,
testifying in a proceeding arising out of an instance of
suspected child abuse, the taking of photographs or the removal
or keeping of a child pursuant to section 6315 (relating to
taking child into protective custody), and any official or
employee of a county agency who refers a report of suspected
abuse to law enforcement authorities or provides services under
this chapter, shall have immunity from civil and criminal
liability that might otherwise result by reason of those actions
except as provided under section 6320 (relating to false reports
of child abuse).
* * *
Section 3. Title 23 is amended by adding a section to read:
§ 6320. False reports of child abuse.
A person who knowingly or intentionally makes a report of
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child abuse under this chapter that the person knows is false
commits a misdemeanor of the second degree.
Section 4. Section 6340(a) of Title 23 is amended by adding
subsections to read:
§ 6340. Release of information in confidential reports.
(a) General rule.--Reports specified in section 6339
(relating to confidentiality of reports) shall only be made
available to:
* * *
(18) The employer of a child-care service employee,
service provider, administrator or school employee who has
been determined to be the perpetrator of a founded report or
an indicated report after final administrative determination
by the department. Information permitted to be released to an
employer under this paragraph shall be limited to facts
related to the employee's suitability in the workplace and to
the protection of the health, safety and welfare of the
children in the employee's workplace.
(19) The Secretary of Education or designee. Information
under this paragraph shall be limited to facts related to an
employee's suitability in the workplace and to the protection
of the health, safety and welfare of the children in the
employee's workplace.
* * *
Section 5. Sections 6352(a), 6353, 6353.1 and 6362(c) of
Title 23 are amended by adding subsections to read:
§ 6352. School employees.
(a) Requirement.--
(1) Except as provided in paragraph (2), a school
employee who has reasonable cause to suspect, on the basis of
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professional or other training and experience, that a student
coming before the school employee in the employee's
professional or official capacity is a victim of serious
physical injury, serious bodily injury or sexual abuse or
sexual exploitation by a school employee shall immediately
contact the administrator. The administrator shall
immediately make a report under 6353(a) (relating to
administration).
(2) If the school employee accused of injuring,
seriously injuring or sexually abusing or exploiting a
student is the administrator, the school employee who has
reasonable cause to suspect, on the basis of professional or
other training and experience, that a student coming before
the school employee in the employee's professional or
official capacity is a victim of serious physical injury,
serious bodily injury or sexual abuse or sexual exploitation
shall immediately report to law enforcement officials [and],
the district attorney and the appropriate county agency under
section 6353(a) [(relating to administration)].
(3) If an administrator is the school employee who
suspects injury or abuse, the administrator shall make a
report under section 6353(a).
[(3)] (4) The school employee may not reveal the
existence or content of the report to any other person.
* * *
§ 6353. Administration.
(a) Requirement.--An administrator and a school employee
governed by section 6352(a)[(2)] (relating to school employees)
shall report immediately to law enforcement officials [and], the
appropriate district attorney and the appropriate county agency
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any report of serious physical injury, serious bodily injury or
sexual abuse or sexual exploitation alleged to have been
committed by a school employee against a student.
(b) Report.--A report under subsection (a) shall include the
following information:
(1) Name, age, address [and], school and disability
status of the student.
(2) Name and address of the student's parent or
guardian.
(3) Name and address of the administrator.
(4) Name, work and home address of the school employee.
(5) Nature of the alleged offense.
(6) Any specific comments or observations that are
directly related to the alleged incident and the individuals
involved.
(c) Immunity.--An administrator or school employee who makes
a report under subsection (a) shall be immune from civil or
criminal liability arising out of the report.
(d) Criminal penalty.--An administrator or school employee
who willfully violates subsection (a) commits a misdemeanor of
the third degree.
§ 6353.1. Investigation.
(a) General rule.--Upon receipt of a report under section
6353 (relating to administration), an investigation shall be
conducted by law enforcement officials, in cooperation with the
district attorney[, and a determination made as to] and the
appropriate county agency. Law enforcement officials, in
cooperation with the district attorney shall determine what
criminal charges, if any, will be filed against the school
employee.
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(b) [Referral to] Coordination with county agency.--
(1) [If local law enforcement officials have reasonable
cause to suspect on the basis of initial review that there is
evidence of serious bodily injury, sexual abuse or sexual
exploitation committed by a school employee against a
student, local law enforcement officials shall notify the
county agency in the county where the alleged abuse or injury
occurred for the purpose of the agency conducting an
investigation of the alleged abuse or injury.] (Reserved).
(2) To the fullest extent possible, law enforcement
officials and the county agency shall coordinate their
respective investigations. In respect to interviews with the
student, law enforcement officials and the county agency
shall conduct joint interviews. In respect to interviews with
the school employee, law enforcement officials shall be given
an opportunity to interview the school employee prior to the
employee having any contact with the county agency.
(3) The county agency and law enforcement officials have
the authority to arrange for photographs, medical tests or X-
rays of a student alleged to have been abused or injured by a
school employee. The county agency and law enforcement
officials shall coordinate their efforts in this regard and,
to the fullest extent possible, avoid the duplication of any
photographs, medical tests or X-rays.
(4) Law enforcement officials and the county agency
shall advise each other of the status and findings of their
respective investigations on an ongoing basis.
§ 6362. Responsibilities of county agency for child protective
services.
* * *
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(c) Action by agencies for abuse by agents or employees.--
Where suspected child abuse has occurred and an employee or
agent of the department or the county agency or a private or
public institution or school is a subject of the report, the
department, agency [or], institution or school shall be informed
of the investigation so that it may take appropriate action.
When the suspected abuse concerns a child with a disability, the
county agency shall additionally inform the State protection and
advocacy system of the investigation and the substance of the
complaint.
* * *
Section 6. Section 6368 of Title 23 is amended by adding
subsections to read:
§ 6368. Investigation of reports.
* * *
(e) Notice of founded or indicated report to certain
employers.--Where the county agency determines that a complaint
of suspected abuse is a founded or indicated report after final
administrative determination by the department, involving a
perpetrator who is a child-care service employee, service
provider, administrator or school employee, the county agency
shall notify the employer, if the identity of the employer is
known to the county agency, in writing of the information which
may be disclosed under section 6340(a)(17) (relating to release
of information in confidential reports).
(f) Notice of founded or indicated report to Secretary of
Education.--Where the county agency determines that a complaint
of suspected abuse is a founded report or an indicated report
after final administrative determination by the department,
involving a perpetrator who is a charter or cyber charter school
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staff member or is certified as a teacher, educational
specialist or an administrator in this Commonwealth as defined
in the act of December 12, 1973 (P.L.397, No.141), known as the
Professional Educator Discipline Act, the county agency shall
notify the Secretary of Education or designee in writing of the
information which may be disclosed under section 6340(a)(18).
Section 7. This act shall take effect in 180 days.
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