Pennsylvania Act 2007-73 — DOMESTIC RELATIONS (23 PA.C.S.) - INFORMATION RELATING TO PROSPECTIVE CHILD-CARE PERSONNEL

Act text

DOMESTIC RELATIONS (23 PA.C.S.) - INFORMATION RELATING TO PROSPECTIVE
                           CHILD-CARE PERSONNEL
                  Act of Dec. 18, 2007, P.L. 469, No. 73              Cl. 23
                             Session of 2007
                               No. 2007-73

     HB 1961

                                  AN ACT

     Amending Title 23 (Domestic Relations) of the Pennsylvania
        Consolidated Statutes, further providing for information
        relating to prospective child-care personnel.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 6344(b), (d)(1), (2), (3), (4) and (5),
     (e), (f) and (k) of Title 23 of the Pennsylvania Consolidated
     Statutes are amended and the section is amended by adding a
     subsection to read:
      § 6344.  Information relating to prospective child-care
                personnel.
        * * *
        (b)  Information submitted by prospective employees.--
     Administrators of child-care services shall require applicants
     to submit with their applications the following information
     obtained within the preceding one-year period:
            (1)  Pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal
        history record information), a report of criminal history
        record information from the Pennsylvania State Police or a
        statement from the Pennsylvania State Police that the State
        Police central repository contains no such information
        relating to that person. The criminal history record
        information shall be limited to that which is disseminated
        pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to general
        regulations).
            (2)  A certification from the department as to whether
        the applicant is named in the central register as the
        perpetrator of a founded report of child abuse, indicated
        report of child abuse, founded report for school employee or
        indicated report for school employee.
            (3)  [Where the applicant is not a resident of this
        Commonwealth, administrators shall require the applicant to
        submit with the application for employment a] A report of
        Federal criminal history record information. The applicant
        shall submit a full set of fingerprints [to] in a manner
        prescribed by the department. The [department] Commonwealth
        shall submit the fingerprints to the Federal Bureau of
        Investigation in order to obtain a report of Federal criminal
        history record information and serve as intermediary for the
        purposes of this section.
     For the purposes of this subsection, an applicant may submit a
     copy of the [required] information required under paragraphs (1)
     and (2) with an application for employment. Administrators shall
     maintain a copy of the required information and shall require
     applicants to produce the original document prior to employment.
        (b.1)  Information submitted by certain prospective
     employees.--
            (1)  Notwithstanding any other provision of this chapter,
        this subsection shall apply to persons who apply for
        employment under subsection (c) on or after the effective
        date of this subsection and before July 1, 2008. The
        provisions of subsection (b) shall not apply to persons who
        apply for employment under subsection (c) on or after the
        effective date of this subsection and before July 1, 2008.
            (2)  Administrators of child-care services shall require
        applicants to submit with their applications the following
        information obtained within the preceding one-year period:
                (i)  Pursuant to 18 Pa.C.S. Ch. 91, a report of
            criminal history record information from the Pennsylvania
            State Police or a statement from the Pennsylvania State
            Police that the State Police central repository contains
            no such information relating to that person. The criminal
            history record information shall be limited to that which
            is disseminated pursuant to 18 Pa.C.S. § 9121(b)(2).
                (ii)  A certification from the department as to
            whether the applicant is named in the central register as
            the perpetrator of a founded report of child abuse,
            indicated report of child abuse, founded report for
            school employee or indicated report for school employee.
                (iii)  Where the applicant is not a resident of this
            Commonwealth, administrators shall require the applicant
            to submit with the application for employment a report of
            Federal criminal history record information. The
            applicant shall submit a full set of fingerprints to the
            department. The department shall submit the fingerprints
            to the Federal Bureau of Investigation in order to obtain
            a report of Federal criminal history record information
            and serve as intermediary for the purposes of this
            section.
            (3)  For the purposes of this subsection, an applicant
        may submit a copy of the required information with an
        application for employment. Administrators shall maintain a
        copy of the required information and shall require applicants
        to produce the original document prior to employment.
            (4)  This subsection shall expire July 1, 2008.
        * * *
        (d)  Prospective adoptive or foster parents.--With regard to
     prospective adoptive or prospective foster parents, the
     following shall apply:
            (1)  In the course of causing an investigation to be made
        pursuant to section 2535(a) (relating to investigation), an
        agency or person designated by the court to conduct the
        investigation shall require prospective adoptive parents and
        any individual over the age of 18 years residing in the home
        to submit the information set forth in subsection [(b)(1) and
        (2)] (b) for review in accordance with this section. If a
        prospective adoptive parent, or any individual over 18 years
        of age residing in the home, has resided outside this
        Commonwealth at any time within the previous five-year
        period, the agency or person designated by the court shall
        require that person to submit a certification obtained within
        the previous one-year period from the Statewide central
        registry or its equivalent in each state in which the person
        has resided within the previous five-year period, as to
        whether the person is named as a perpetrator of child abuse.
        If the certification shows that the person is named as a
        perpetrator of child abuse within the previous five-year
        period, the agency or person designated by the court shall
        forward the certification to the department for review. The
        agency or person designated by the court shall not approve
        the prospective adoptive parent if the department determines
        that the person is named as the equivalent of a perpetrator
        of a founded report of child abuse within the previous five-
        year period.
            (2)  In the course of approving a prospective foster
        parent, a foster family care agency shall require prospective
        foster parents and any individual over the age of 18 years
        residing in the home to submit the information set forth in
        subsection [(b)(1) and (2)] (b) for review by the foster
        family care agency in accordance with this section. If a
        prospective foster parent, or any individual over 18 years of
        age residing in the home, has resided outside this
        Commonwealth at any time within the previous five-year
        period, the foster family care agency shall require that
        person to submit a certification obtained within the previous
        one-year period from the Statewide central registry, or its
        equivalent in each state in which the person has resided
        within the previous five-year period, as to whether the
        person is named as a perpetrator of child abuse. If the
        certification shows that the person is named as a perpetrator
        of child abuse within the previous five-year period, the
        foster family care agency shall forward the certification to
        the department for review. The foster family care agency
        shall not approve the prospective foster parent if the
        department determines that the person is named as the
        equivalent of a perpetrator of a founded report of child
        abuse within the previous five-year period. In addition, the
        foster family care agency shall consider the following when
        assessing the ability of applicants for approval as foster
        parents:
                (i)  The ability to provide care, nurturing and
            supervision to children.
                (ii)  Mental and emotional well-being. If there is a
            question regarding the mental or emotional stability of a
            family member which might have a negative effect on a
            foster child, the foster family care agency shall require
            a psychological evaluation of that person before
            approving the foster family home.
                (iii)  Supportive community ties with family, friends
            and neighbors.
                (iv)  Existing family relationships, attitudes and
            expectations regarding the applicant's own children and
            parent/child relationships, especially as they might
            affect a foster child.
                (v)  Ability of the applicant to accept a foster
            child's relationship with his own parents.
                (vi)  The applicant's ability to care for children
            with special needs.
                (vii)  Number and characteristics of foster children
            best suited to the foster family.
                (viii)  Ability of the applicant to work in
            partnership with a foster family care agency. This
            subparagraph shall not be construed to preclude an
            applicant from advocating on the part of a child.
            (3)  Foster parents and any individual over 18 years of
        age residing in the home shall be required to submit the
        information set forth in subsection [(b)(1) and (2)] (b)
        every 24 months following approval for review by the foster
        family care agency in accordance with subsection (c).
            (4)  Foster parents shall be required to report, within
        48 hours, any change in information required pursuant to
        subsection [(b)(1) and (2)] (b) about themselves and any
        individuals over the age of 18 years residing in the home for
        review by the foster family care agency in accordance with
        subsection (c).
            (5)  Foster parents shall be required to report any other
        change in the foster family household composition within 30
        days of the change for review by the foster family care
        agency. If any individual over 18 years of age, who has
        resided outside this Commonwealth at any time within the
        previous five-year period, begins residing in the home of an
        approved foster family, that individual shall, within 30 days
        of beginning residence, submit to the foster family care
        agency a certification obtained within the previous one-year
        period from the Statewide central registry, or its equivalent
        in each state in which the person has resided, within the
        previous five-year period, as to whether the person is named
        as a perpetrator of child abuse. If the certification shows
        that the person is named as a perpetrator of child abuse
        within the previous five-year period, the foster family care
        agency shall forward the certification to the department for
        review. If the department determines that the person is named
        as the equivalent of a perpetrator of a founded report of
        child abuse within the previous five-year period and the
        person does not cease residing in the home immediately, the
        foster child or children shall immediately be removed from
        the home without a hearing.
            * * *
        (e)  Self-employed family day-care providers.--Self-employed
     family day-care providers who apply for a certificate of
     registration with the department shall submit with their
     registration application [a report of criminal history record
     information and shall also obtain certification from the
     department as to whether the applicant is named in the central
     register as the perpetrator of a founded report of child abuse.]
     the information set forth under subsection (b) for review in
     accordance with this section.
        (f)  Submissions by operators of child-care services.--The
     department shall require persons seeking to operate child-care
     services to submit the information set forth in subsection
     [(b)(1) and (2)] (b) for review in accordance with this section.
        * * *
        (k)  Existing or transferred employees.--A person employed in
     child-care services on [January 1, 1986] July 1, 2008, shall not
     be required to obtain the information required in subsection
     [(b)(1) and (2)] (b) as a condition of continued employment. A
     person who has once obtained the information required under
     subsection [(b)(1) and (2)] (b) may transfer to another child-
     care service established and supervised by the same organization
     and shall not be required to obtain additional reports before
     making the transfer.
        * * *
        Section 2.  This act shall take effect as follows:
            (1)  This section shall take effect immediately.
            (2)  The addition of 23 Pa.C.S. § 6344(b.1) shall take
        effect immediately.
            (3)  The amendment of 23 Pa.C.S. § 6344(b) and (d)(1),
        (2), (3), (4) and (5) shall take effect January 1, 2008.
            (4)  The amendment of 23 Pa.C.S. § 6344(e), (f) and (k)
        shall take effect July 1, 2008.

     APPROVED--The 18th day of December, A. D. 2007.

     EDWARD G. RENDELL