PRINTER'S NO. 1079
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 871
Session of
2021
INTRODUCED BY J. WARD, COLLETT, SANTARSIERO, FONTANA, SCHWANK,
BAKER, MENSCH, YUDICHAK, TARTAGLIONE, PITTMAN, STEFANO,
CAPPELLETTI AND SCAVELLO, SEPTEMBER 17, 2021
REFERRED TO AGING AND YOUTH, SEPTEMBER 17, 2021
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, in child protective services, further
3 providing for definitions, for mandatory reporting and
4 postmortem investigation of deaths, for establishment of
5 Statewide database, for access to information in Statewide
6 database, for information in Statewide database, for
7 disposition and expunction of unfounded reports and general
8 protective services reports, for disposition of founded and
9 indicated reports, for expunction of information of
10 perpetrator who was under 18 years of age when child abuse
11 was committed and for release of information in confidential
12 reports, providing for exchange of information for placement,
13 further providing for amendment or expunction of information,
14 for investigating performance of county agency, for employees
15 having contact with children and adoptive and foster parents,
16 for audits by Attorney General, for reports to Governor and
17 General Assembly, for penalties, for services for prevention,
18 investigation and treatment of child abuse, for reports to
19 department and coroner, for investigation of reports, for
20 voluntary or court-ordered services and findings of child
21 abuse and for evidence in court proceedings; and making
22 editorial changes.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. The definition of "expunge" in section 6303(a)
26 is amended and subsection (b.1)(8)(vi) of Title 23 of the
27 Pennsylvania Consolidated Statutes is amended to read:
 1 § 6303. Definitions.
2 (a) General rule.--The following words and phrases when used
3 in this chapter shall have the meanings given to them in this
4 section unless the context clearly indicates otherwise:
5 * * *
6 ["Expunge." To strike out or obliterate entirely so that the
7 expunged information may not be stored, identified or later
8 recovered by any mechanical or electronic means or otherwise.]
9 * * *
10 (b.1) Child abuse.--The term "child abuse" shall mean
11 intentionally, knowingly or recklessly doing any of the
12 following:
13 * * *
14 (8) Engaging in any of the following recent acts:
15 * * *
16 (vi) [Causing a child to be present at a location
17 while a] Allowing a child to be present where
18 methamphetamine is being produced in violation of 18
19 Pa.C.S. § 7508.2 (relating to operation of
20 methamphetamine laboratory) [is occurring, provided that
21 the violation is being investigated by law enforcement].
22 * * *
23 Section 2. Sections 6317, 6331(4) and (8), 6335(c)(1), (2)
24 and (3), 6336(a)(14) and (18), 6337, 6338(b) and (c) and 6338.1
25 heading, (a) introductory paragraph and (b) of Title 23 are
26 amended to read:
27 § 6317. Mandatory reporting and postmortem investigation of
28 deaths.
29 (a) Mandatory reporting.--A person or official required to
30 report cases of suspected child abuse, including employees of a
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 1 county agency, who has reasonable cause to suspect that a child
2 died as a result of child abuse shall report that suspicion to
3 the appropriate coroner or medical examiner. The coroner or
4 medical examiner shall accept the report for investigation and
5 shall report his finding to the police, the district attorney,
6 the appropriate county agency and, if the report is made by a
7 hospital, the hospital.
8 (b) Other information.--The coroner or medical examiner
9 shall provide the appropriate county agency with any
10 information, as requested by the county agency, relating to the
11 report under subsection (a) that may assist the county agency in
12 the investigation.
13 § 6331. Establishment of Statewide database.
14 There shall be established in the department a Statewide
15 database of protective services, which shall include the
16 following, as provided by section 6336 (relating to information
17 in Statewide database):
18 * * *
19 (4) Unfounded reports of child abuse [awaiting
20 expunction].
21 * * *
22 (8) Reports alleging the need for general protective
23 services that have been determined invalid [and are awaiting
24 expunction].
25 * * *
26 § 6335. Access to information in Statewide database.
27 * * *
28 (c) Use by county agency or law enforcement official.--A
29 county agency or law enforcement official may only request the
30 information under subsection (a) for the purposes of
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 1 investigating reports of child abuse, assessing allegations that
2 a child is in need of general protective services, providing
3 protective services to a child or investigating a crime against
4 a child criminal offense. The following shall apply where
5 information is requested pursuant to this section:
6 (1) A law enforcement official may use information
7 contained in the Statewide database for the purpose of
8 investigating a criminal offense as follows:
9 (i) Information regarding indicated and founded
10 reports may be used for any purpose authorized by this
11 chapter.
12 (i.1) Information regarding a report of suspected
13 child abuse that has been determined by the county agency
14 to be unfounded may be used for a period of one year from
15 the date the determination was made by the county agency
16 for the purposes of investigating a crime involving harm
17 or threatened harm to a child, an alleged violation of
18 section 6319 (relating to penalties for failure to report
19 or to refer) or 6349 (relating to penalties) or an
20 alleged violation of 18 Pa.C.S. § 4906.1 (relating to
21 false reports of child abuse) or 4958 (relating to
22 intimidation, retaliation or obstruction in child abuse
23 cases).
24 (ii) Information on all other reports may be used
25 for the purposes of investigating a crime involving harm
26 or threatened harm to a child, an alleged violation of
27 section 6319 [(relating to penalties for failure to
28 report or to refer)] or 6349 [(relating to penalties)] or
29 an alleged violation of 18 Pa.C.S. § 4906.1 [(relating to
30 false reports of child abuse)] or 4958 [(relating to
20210SB0871PN1079 - 4 -
 1 intimidation, retaliation or obstruction in child abuse
2 cases)].
3 (2) A county agency may use information contained in the
4 Statewide database as follows:
5 (i) Information regarding indicated or founded
6 reports may be used for any purpose authorized by this
7 chapter.
8 (i.1) A report of suspected child abuse that has
9 been determined by the county agency to be unfounded may
10 be used for future safety assessments, the evaluation of
11 the appropriate provision of services and research.
12 (ii) Information on all other reports may be used
13 for any purpose authorized by this chapter, except that
14 information in reports that are not founded or indicated
15 may not be used as evidence by the county agency when
16 determining that a new report of suspected abuse is an
17 indicated report.
18 (3) The department may use information contained in the
19 Statewide database as follows:
20 (i) Information regarding indicated or founded
21 reports may be used for any purpose authorized by this
22 chapter.
23 (i.1) A report of suspected child abuse that has
24 been determined by the county agency to be unfounded may
25 be used for future safety assessments, the evaluation of
26 the appropriate provision of services and research.
27 (ii) Information on all other reports may be used
28 for any purpose authorized by this chapter, except that
29 information in reports that are not founded or indicated
30 may not be used as evidence by the department when
20210SB0871PN1079 - 5 -
 1 determining that a new report of suspected abuse is an
2 indicated report.
3 * * *
4 § 6336. Information in Statewide database.
5 (a) Information authorized.--The Statewide database shall
6 include and shall be limited to the following information:
7 * * *
8 (14) Information obtained by the department in relation
9 to a perpetrator's or school employee's request to release[,
10 amend or expunge] or amend information retained by the
11 department or the county agency.
12 * * *
13 (18) Unfounded reports of child abuse, limited to the
14 information authorized under section 6337 (relating to
15 disposition [and expunction] of unfounded reports and general
16 protective services reports).
17 * * *
18 § 6337. Disposition [and expunction] of unfounded reports and
19 general protective services reports.
20 (a) General rule.--When a report of suspected child abuse is
21 determined by the appropriate county agency to be an unfounded
22 report, the information concerning that report of suspected
23 child abuse shall be maintained [for a period of one year.
24 Following the expiration of one year after the date the report
25 was received by the department, the report shall be expunged
26 from the Statewide database, as soon as possible, but no later
27 than 120 days after the one-year period following the date the
28 report was received by the department, and no information other
29 than that authorized by subsection (b), which shall not include
30 any identifying information on any subject of the report, shall
20210SB0871PN1079 - 6 -
 1 be retained by the department. The expunction shall be mandated
2 and guaranteed by the department].
3 (b) Absence of other determination.--If an investigation of
4 a report of suspected child abuse conducted by the appropriate
5 county agency pursuant to this chapter does not determine within
6 60 days of the date of the initial report of the instance of
7 suspected child abuse that the report is a founded report, an
8 indicated report or an unfounded report, or unless within that
9 same 60-day period court action has been initiated and is
10 responsible for the delay, the report shall be considered to be
11 an unfounded report[, and all information identifying the
12 subjects of the report shall be expunged no later than 120 days
13 following the expiration of one year after the date the report
14 was received by the department]. The agency shall advise the
15 department that court action or an arrest has been initiated so
16 that the Statewide database is kept current regarding the status
17 of all legal proceedings and [expunction] any amendment is
18 delayed.
19 [(c) Unfounded reports accepted for services.--Information
20 on an unfounded report shall be retained in the Statewide
21 database if the county agency has accepted the family for
22 services and the report of suspected child abuse is clearly
23 identified as an unfounded report. The county agency shall
24 notify the department immediately upon closure of the case, and
25 the report shall be expunged as soon as possible, but no later
26 than 120 days after the one-year period following the date the
27 family case was closed. If the subject child of the unfounded
28 report becomes 23 years of age prior to the closure of the
29 family case, the unfounded report shall be expunged when the
30 subject child reaches 23 years of age.
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 1 (d) Expunction of valid general protective services
2 reports.--Information concerning valid general protective
3 services reports shall be maintained in the Statewide database
4 as follows:
5 (1) Reports that are assessed by the county agency and
6 are determined to be valid, but are not accepted for
7 services, shall be reported to the department and entered
8 into the Statewide database. The reports shall be maintained
9 for a period of ten years or until the youngest child
10 identified in the most recent general protective services
11 report attains 23 years of age, whichever occurs first.
12 Following the expiration of ten years after the date the
13 report was received by the department or until the youngest
14 child identified in the most recent general protective
15 services report attains 23 years of age, whichever occurs
16 first, the report shall be expunged from the Statewide
17 database as soon as possible, but no later than 120 days
18 after the ten-year period following the date the report was
19 received by the department or the youngest child identified
20 in the most recent general protective services report attains
21 23 years of age, whichever occurs first.
22 (2) Reports that are assessed by the county agency and
23 accepted for services shall be reported to the department,
24 except as otherwise provided in subsection (f)(2), and
25 entered into the Statewide database. The reports shall be
26 maintained for a period of ten years after the closure of
27 services by the county agency or until the youngest child
28 identified in the most recent general protective services
29 report attains 23 years of age, whichever occurs first.
30 Following the expiration of ten years after the closure of
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 1 services by the county agency or until the youngest child
2 identified in the most recent general protective services
3 report attains 23 years of age, whichever occurs first, the
4 report shall be expunged from the Statewide database as soon
5 as possible, but no later than 120 days after the ten-year
6 period following the closure of services by the county agency
7 or the youngest child identified in the most recent general
8 protective services report attains 23 years of age, whichever
9 occurs first.
10 (3) The expunction of information on general protective
11 services under this subsection shall be mandated and
12 guaranteed by the department.]
13 (e) [Expunction of invalid] Invalid general protective
14 services reports.--When a report alleging the need for general
15 protective services is determined by the appropriate county
16 agency to be an invalid report, the information concerning that
17 report [shall be maintained for a period of one year. Following
18 the expiration of one year after the date the report was
19 received by the department, the report shall be expunged as soon
20 as possible, but no later than 120 days after the one-year
21 period following the date the report was received by the
22 department. The expunction shall be mandated and guaranteed by
23 the department.] may be maintained to assist in future risk and
24 safety assessments and research.
25 (f) County agency records.--Information concerning
26 protective services reports shall be maintained by a county
27 agency [as follows:
28 (1)]. County agency records of protective services shall
29 be used and maintained in a manner that is consistent with
30 the use and maintenance of information in the Statewide
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 1 database, as provided under this chapter[, except as
2 otherwise provided in paragraph (2)]. If required under this
3 chapter to amend [or expunge] information in the Statewide
4 database, the department shall notify the appropriate county
5 agency of the amendment [or expungement] within ten days. The
6 county agency shall amend [or expunge] its records in a
7 commensurate manner within ten days of receiving notification
8 from the department.
9 [(2) A county agency may maintain information regarding
10 protective services reports that have been expunged in the
11 Statewide database for access by the county agency to assist
12 in future risk and safety assessments and research.]
13 § 6338. Disposition of founded and indicated reports.
14 * * *
15 [(b) Expunction of information when child attains 23 years
16 of age.--Except as provided in subsection (c), all information
17 which identifies the subjects of founded and indicated child
18 abuse reports shall be expunged when the subject child reaches
19 the age of 23. The expunction shall be mandated and guaranteed
20 by the department.]
21 (