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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ERICKSON, COSTA, WAUGH, HUGHES, FONTANA, M. WHITE, WONDERLING, WARD AND WOZNIAK, MAY 5, 2009 |
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| REFERRED TO AGING AND YOUTH, MAY 5, 2009 |
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| AN ACT |
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1 | Amending Title 23 (Domestic Relations) of the Pennsylvania |
2 | Consolidated Statutes, further providing for immunity from |
3 | liability and for complaint files and providing for certain |
4 | appeals. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 6318 of Title 23 of the Pennsylvania |
8 | Consolidated Statutes is amended by adding a subsection to read: |
9 | § 6318. Immunity from liability. |
10 | * * * |
11 | (c) False reports.--Any person who knowingly makes false |
12 | reports of suspected child abuse shall be guilty of a criminal |
13 | offense or delinquent act, as may be appropriate, equivalent to |
14 | making false reports to public officials and to law enforcement |
15 | authorities and shall also be liable in a civil action in the |
16 | form of damages to any child-care agency or individual who |
17 | suffers injury as a result of the intentionally false report. |
18 | Section 2. Section 6331 of Title 23 is amended to read: |
19 | § 6331. Establishment of pending complaint file, Statewide |
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1 | central register and file of unfounded reports. |
2 | There shall be established in the department: |
3 | (1) A pending complaint file of child abuse reports |
4 | under investigation and a file of reports under investigation |
5 | pursuant to Subchapter C.1 (relating to students in public |
6 | and private schools). |
7 | (2) A Statewide central register of child abuse which |
8 | shall consist of founded and indicated reports. |
9 | (3) A file of unfounded reports awaiting expunction. |
10 | (4) A file containing the names and identifying |
11 | information of persons who have reported suspected child |
12 | abuse when the department or county agency has determined the |
13 | reports to be unfounded. The information contained in this |
14 | file shall be retained so as to identify both the name of the |
15 | person making each report and the name of the subject child |
16 | in each report such that persons reviewing the file may be |
17 | able to determine how many such reports have been made for |
18 | any particular subject child and who has made the reports. |
19 | The information contained in this file shall not include the |
20 | names of alleged perpetrators and nothing herein shall affect |
21 | the expunction of unfounded reports as otherwise prescribed |
22 | in this chapter. Other provisions of law notwithstanding, |
23 | information contained in this report shall be released to the |
24 | department and county agency investigating new reports of |
25 | abuse and to any person named as a perpetrator in any |
26 | indicated or founded report if, upon application to the |
27 | secretary, it can be shown that the existence of prior |
28 | unfounded reports is relevant to the determination of the new |
29 | report. If, upon application, release of the information in |
30 | this file is refused, the secretary shall describe with |
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1 | particularity why the information is deemed irrelevant and |
2 | shall, at a minimum, report the number of such reports |
3 | contained in the file. |
4 | Section 3. Section 6341 of Title 23 is amended by adding a |
5 | subsection to read: |
6 | § 6341. Amendment or expunction of information. |
7 | * * * |
8 | (c.1) Certain appeals from refusal of request.--If any |
9 | employee of a child-care service and any school employee who is |
10 | named in an indicated or founded report of suspected child abuse |
11 | and who files an appeal seeking expunction of the report shall |
12 | be entitled to an initial hearing of the matter within 30 days |
13 | of the date of taking the appeal. Said initial hearing shall be |
14 | conducted before the secretary or the designated agent of the |
15 | secretary for the purpose of determining whether credible and |
16 | substantial evidence exists to support the determination made by |
17 | the department or the county agency. At the hearing, the |
18 | department or the county agency shall bear the burden of proof |
19 | and shall present evidence in a manner consistent with the |
20 | evidentiary standards set forth in this chapter. All evidence |
21 | gathered by the department or county agency as part of its |
22 | investigation leading to a determination shall be disclosed to |
23 | the appellant employee sufficiently in advance of the hearing so |
24 | as to make the disclosure meaningful and shall be subject to |
25 | cross-examination at the hearing. Once convened, said hearing |
26 | shall continue on successive days until concluded, such that a |
27 | ruling by the secretary or designee shall be made within 45 days |
28 | of the date on which the appeal is taken. If, at the hearing, |
29 | the secretary or designee conclude that insufficient evidence |
30 | exists to support the determination, the report shall be marked |
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1 | unfounded and expunction shall be granted in accordance with the |
2 | terms of this chapter. If the secretary or designee determines |
3 | that sufficient evidence has been presented, the matter shall be |
4 | scheduled for a full hearing on the merits. In this event, the |
5 | secretary or designee shall also determine whether the appellant |
6 | shall continue to work under any restrictions based on the |
7 | nature and extent of the evidence presented; said restrictions |
8 | may only be imposed based on evidence presented that the |
9 | appellant presents a danger to the subject child or other minors |
10 | under his or her care. At the hearing conducted on the merits, |
11 | the burden of proof shall remain with the department or county |
12 | agency and the determination shall be proved by a preponderance |
13 | of the evidence or the report shall be marked unfounded. |
14 | * * * |
15 | Section 4. This act shall take effect in 60 days. |
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