CHILD PROTECTIVE SERVICES LAW - REPEALED — 1975 Pa. Act 124 (historical enacted text)

Historical Act text

HOUSE AMENDED
PRIOR PRINTER'S NOS. 25, 541, 651, PRINTER'S NO. 1236
1099
INTRODUCED BY O'PAKE, COPPERSMITH, ROSS, DOUGHERTY, ZEMPRELLI,
REIBMAN, EARLY, SWEENEY, LEWIS, MURRAY, JUBELIRER, KURY,
MURPHY, FRAME, FLEMING, MELLOW, STAPLETON, HAGER, SNYDER,
CIANFRANI, MESSINGER, NOLAN, MANBECK, SMITH, SCANLON,
DUFFIELD, MAZZEI, ORLANDO, MYERS, LYNCH, HILL AND McKINNEY,
JANUARY 21, 1975
AS RE-REPORTED FROM COMMITTEE ON HEALTH AND WELFARE, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 24, 1975
AN ACT
1 Establishing child protective services; providing procedures for <--
2 reporting and investigating the abuse of children; providing
3 immediate access to a central register on child abuse;
4 investigating such reports; providing for taking protective
5 action; placing duties on the Department of Public Welfare
6 and county child welfare agencies; and providing penalties.
7 ESTABLISHING CHILD PROTECTIVE SERVICES; PROVIDING PROCEDURES FOR <--
8 REPORTING AND INVESTIGATING THE ABUSE OF CHILDREN;
9 ESTABLISHING AND PROVIDING ACCESS TO A STATEWIDE CENTRAL
10 REGISTER ON CHILD ABUSE; INVESTIGATING SUCH REPORTS;
11 PROVIDING FOR TAKING PROTECTIVE ACTION INCLUDING TAKING A
12 CHILD INTO PROTECTIVE CUSTODY; PLACING DUTIES ON THE
13 DEPARTMENT OF PUBLIC WELFARE AND COUNTY CHILD WELFARE
14 AGENCIES; ESTABLISHING CHILD PROTECTIVE SERVICES IN EACH
15 COUNTY CHILD WELFARE AGENCY; AND PROVIDING PENALTIES.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Short Title.--This act shall be known and may be <--
19 cited as the "Child Protective Services Law."
20 Section 2. Findings and Purpose.--Abused children are in
21 urgent need of an effective child protective service to prevent
1 them from suffering further injury and impairment. It is the
2 purpose of this act to encourage more complete reporting of
3 suspected child abuse and to establish in each county a child
4 protective service capable of investigating such reports swiftly
5 and competently and capable of providing protection for children
6 from further abuse and rehabilitative services for children and
7 parents involved so as to ensure the child's well-being and to
8 preserve and stabilize family life wherever appropriate.
9 Section 3. Definitions.--As used in this act:
10 "Abused child" means a child under 18 years of age who
11 discloses evidence of gross physical neglect, sexual abuse or
12 grave physical or emotional injury not explained by the
13 available medical history as being accidental if the neglect,
14 abuse, or injury has been caused by the acts or omissions of the
15 child's parents or by a person responsible for the child's
16 welfare provided, however, no child shall be deemed to be
17 physically abused for the sole reason he is in good faith being
18 furnished treatment by spiritual means through prayer alone in
19 accordance with the tenets and practices of a recognized church
20 or religious denomination by a duly accredited practitioner
21 thereof.
22 "Expunge" means to strike out or obliterate entirely so that
23 the expunged information may not be stored, identified, or later
24 recovered by any means mechanical, electronic, or otherwise.
25 "Founded report" means a report made pursuant to this act if
26 there has been any judicial adjudication based on a finding that
27 a child who is a subject of the report has been abused.
28 "Subject of the report" means any child reported to the
29 central register of child abuse and his parent, guardian or
30 other person legally responsible also named in the report.
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1 "Under investigation" means a report pursuant to this act
2 which is being investigated to determine whether it is
3 "founded," "unexplained," or "unfounded."
4 "Unexplained report" means a report made pursuant to this act
5 if an investigation determines that some credible evidence of
6 the alleged abuse exists, and the child protective services
7 agency does not determine that the injuries were inflicted
8 accidentally.
9 "Unfounded report" means any report made pursuant to this act
10 unless the report is a "founded report" or unless an
11 investigation determines that the report is unexplained.
12 Section 4. Persons Required to Report Suspected Child
13 Abuse.--The persons who, in the course of their employment,
14 occupation, or practice of their profession, have cause to come
15 in contact with children, including but not limited to any
16 licensed physician, medical examiner, coroner, dentist,
17 osteopath, optometrist, chiropractor, podiatrist, intern,
18 registered nurse, licensed practical nurse, hospital personnel
19 engaged in the admission, examination, care or treatment of
20 persons, a Christian Science practitioner, school official,
21 school teacher, social services worker, day care center worker
22 or any other child care or foster care worker, mental health
23 professional, peace officer or law enforcement official are
24 required to report or cause a report to be made in accordance
25 with this act when they have reason to believe, on the basis of
26 their medical, professional or other training and experience,
27 that a child coming before them in their professional or
28 official capacity is an abused child. However, whenever such
29 person is required to report under this act in his capacity as a
30 member of the staff of a medical or other public or private
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1 institution, school, facility, or agency, he shall immediately
2 notify the person in charge of such institution, school,
3 facility, or agency, or his designated agent, who then also
4 shall become responsible to report or cause reports to be made.
5 Nothing in this act is intended to require more than one report
6 from any such institution, school or agency.
7 Section 5. Any Person Permitted to Report.--In addition to
8 those persons and officials required to report suspected child
9 abuse, any person may make such a report if that person has
10 reasonable cause to suspect that a child is an abused child.
11 Section 6. Reporting Procedure.--Reports of suspected child
12 abuse shall be made immediately by telephone and in writing
13 within 48 hours after the oral report. Oral reports may be made
14 to the appropriate county child welfare agency and shall be made
15 to the Statewide central registry pursuant to section 13. In
16 those localities in which oral reports are made initially to the
17 county public child welfare agency, the child protective service
18 agent of said agency shall immediately make a report to the
19 Statewide central register. Written reports shall be made to the
20 appropriate county public child welfare agency in a manner
21 prescribed and on forms supplied by the Department of Public
22 Welfare. Reports shall include the following information: the
23 names and addresses of the child and his parents or other person
24 responsible for his care, if known; the child's age, sex and
25 race; the nature and extent of the child's abuse, including any
26 evidence of prior abuse to the child or his siblings; the name
27 of the person or persons responsible for causing the abuse if
28 known; family composition; the source of the report; the person
29 making the report and where he can be reached; the actions taken
30 by the reporting source, including the taking of photographs and
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1 x-rays, removal or keeping of the child or notifying the medical
2 examiner or coroner; and any other information which the
3 Department of Public Welfare may, by regulation, require. The
4 failure of any person reporting cases of suspected child abuse
5 to confirm an oral report in writing within 48 hours shall in no
6 way relieve the county public welfare agency from any duties
7 established by this act as if a written report were actually
8 made.
9 Section 7. Obligations of Persons Required to Report.--Any
10 person or official required to report cases of suspected child
11 abuse may take or cause to be taken at public expense
12 photographs of the areas of trauma visible on a child who is
13 subject to a report and, if medically indicated, cause to be
14 performed a radiological examination on the child. Any
15 photographs or x-rays taken shall be sent to the child
16 protective service at the time the written report is sent, or as
17 soon thereafter as possible.
18 Section 8. Taking a Child into Protective Custody.--(a) A
19 child may be taken into custody:
20 (1) Pursuant to a court order under the act of December 6,
21 1972 (P.L.1464, No.333), known as the "Juvenile Act."
22 (2) By a law enforcement officer or duly authorized officer
23 of the court if there are reasonable grounds to believe that the
24 child is suffering from illness or injury or is in imminent
25 danger from his surroundings and that his or her removal is
26 necessary.
27 (3) By a physician examining or treating the child or
28 director or his designee of any hospital or other medical
29 institution where the child is being treated if such protective
30 custody is immediately necessary to protect the child from
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1 further gross neglect, sexual abuse, or grave physical injury.
2 (b) Any individual taking a child into protective custody
3 under this act shall immediately notify the child's parent,
4 guardian or other custodian of the child's whereabouts, and
5 shall immediately notify the appropriate child welfare agency in
6 order that proceedings under the Juvenile Act may be initiated
7 if appropriate.
8 (c) In no case shall protective custody under this act be
9 maintained longer than 72 hours without a detention hearing.
10 (d) No child taken into protective custody under this act
11 shall be detained during such protective custody except in an
12 appropriate medical facility.
13 Section 9. Mandatory Reporting to and Post-mortem
14 Investigation of Deaths.--Any person or official required to
15 report cases of suspected child abuse, including workers of the
16 county public child welfare agency, who has reasonable cause to
17 suspect that a child died as a result of child abuse shall
18 report that fact to the coroner. The coroner shall accept the
19 report for investigation and shall report his finding to the
20 police, the district attorney, the county public child welfare
21 agency and, if the institution making the report is a hospital,
22 the hospital.
23 Section 10. Immunity from Liability.--Any person
24 participating in good faith in the making of a report or
25 testifying in any proceeding arising out of child abuse, the
26 taking of photographs, or the removal or keeping of a child
27 pursuant to section 8 shall have immunity from any liability,
28 civil or criminal, that might otherwise result by reason of such
29 actions. For the purpose of any proceeding, civil or criminal,
30 the good faith of any person required to report cases of child
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1 abuse shall be presumed.
2 Section 11. Penalties for Failure to Report.--(a) Any person
3 or official required by this act to report a case of suspected
4 child abuse who wilfully fails to do so shall be guilty of a
5 summary offense, except that for a second offense shall be
6 guilty of a misdemeanor of the second degree, and subsequent
7 offense the person or official shall be guilty of a misdemeanor
8 of the first degree.
9 (b) Any person or official required by this act to report a
10 case of suspected child abuse who wilfully fails to do so shall
11 be civilly liable for the damages proximately caused by such
12 failure.
13 Section 12. Education and Training.--The Department of
14 Public Welfare and county public child welfare agency, both
15 jointly and individually, shall conduct a continuing publicity
16 and education program for local staff, persons required to
17 report and any other appropriate persons to encourage the
18 fullest degree of reporting of suspected child abuse. The
19 program shall include but not be limited to responsibilities,
20 obligations and powers under this act as well as the diagnosis
21 of child abuse and the procedures of the county public child
22 welfare agency, the court and other duly authorized agencies.
23 Section 13. Statewide Central Register.--(a) There shall be
24 established in the Department of Public Welfare a Statewide
25 central register of child abuse report summaries made pursuant
26 to this act.
27 (b) The central register shall be capable of receiving from
28 county child protective services report summaries of child abuse
29 and of immediately identifying prior reports of child abuse and
30 be capable of monitoring the provision of child welfare
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1 protective service 24 hours a day, seven days a week. To
2 effectuate this purpose, but subject to the provisions of the
3 appropriate local plan for the provision of child protective
4 services, there shall be a single Statewide toll-free telephone
5 number that all persons, whether mandated by the law or not, may
6 use to report cases of suspected child abuse and that all
7 persons authorized by section 8 to take children into protective
8 custody may use for determining the existence of prior reports.
9 Persons receiving information under this subsection may be
10 informed only as to whether a prior report exists, the number of
11 such reports, whether the reports are founded, unexplained or
12 unfounded, the statutory meaning of these terms, and the
13 location and telephone number of the appropriate county child
14 welfare agency. Such reports shall be immediately transmitted by
15 the Department of Public Welfare to the appropriate county
16 public child welfare agency. If the records indicate a previous
17 report concerning a subject of the report or other pertinent
18 information, the appropriate county public child welfare agency
19 shall be immediately notified of the fact.
20 (c) The central register shall include and shall be limited
21 to the following information: the names of the subjects of the
22 reports; the date or dates of the alleged instances of abuse;
23 the home addresses of the subjects of the report; the locality
24 in which the alleged abuse occurred; whether the report is
25 adjudicated "founded," "unexplained," "unfounded," or "under
26 investigation"; and the results of any legal proceedings brought
27 on the basis of the alleged abuse.
28 (d) No information shall be released under this section
29 unless the identity of the person or official requesting the
30 information is confirmed by the department.
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1 (e) Information in the central registry shall not be
2 released for any purpose or to any individual not specified in
3 this section.
4 (f) Unless an investigation of a report conducted pursuant
5 to this act determines that the report is "founded" or
6 "unexplained," all information identifying the subjects of the
7 report shall be expunged from the central register forthwith.
8 (g) In all other cases, the record of the report to the
9 central register shall be sealed no later than the subject
10 child's 18th birthday. Once sealed, a record shall not otherwise
11 be available except as provided under section 14(b) unless the
12 Secretary of Public Welfare, upon notice to the subjects of the
13 report, gives his personal approval for an appropriate reason.
14 In any case and at any time, the Secretary of Public Welfare may
15 amend, seal or expunge any record upon good cause shown and
16 notice to the subjects of the report. In any event, all
17 information identifying the subjects of all "unexplained"
18 reports shall be expunged no later than ten years after the date
19 of the last "unexplained" report on any subject.
20 Section 14. Confidentiality of Records.--(a) Except as
21 provided in section 13, reports made pursuant to this act as
22 well as any other information obtained, reports written or
23 photographs taken concerning such reports in the possession of
24 the Department of Public Welfare or county public child welfare
25 agency shall be confidential and shall only be made available
26 to:
27 (i) A physician who has before him a child whom he
28 reasonably suspects may be abused.
29 (ii) A police officer or law enforcement official who has
30 before him a child who he reasonably suspects may be abused.
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1 (iii) A duly authorized official of a county public child
2 welfare agency that has received a report of suspected child
3 abuse.
4 (iv) A guardian ad litem for the child.
5 (b) After a child who is the subject of a report reaches the
6 age of 18 years, access to a child's report shall be permitted
7 only to a court and only if a sibling or offspring of such child
8 is before such court and is a suspected victim of child abuse.
9 (c) At any time, a subject of a report may receive, upon
10 request, a copy of all information contained in the central
11 register or in any report filed pursuant to section 6. The
12 Secretary of Public Welfare shall prohibit the release of data
13 that would identify the person who made the report or who
14 cooperated in a subsequent investigation, which he reasonably
15 finds will be detrimental to the safety or interests of such
16 person.
17 (d) At any time subsequent to the completion of the
18 investigation a subject of a report may request the Secretary of
19 Public Welfare to amend, seal or expunge the summary of the
20 report in the central registry or the contents of any report
21 filed pursuant to section 6. If the Secretary of Public Welfare
22 refuses or does not act within a reasonable time, but in no
23 event later than 30 days after such request, the subject shall
24 have the right to a hearing to determine whether the summary in
25 the central register or the contents of the reports should be
26 amended or expunged on the grounds that it is inaccurate or it
27 is being maintained in a manner inconsistent with this act. The
28 appropriate county public child welfare agency shall be given
29 notice of the hearing. The burden of proof in such hearing shall
30 be on the Department of Public Welfare and appropriate county
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1 public child welfare agency. In such hearings, the fact that
2 there was a court finding of child abuse shall be presumptive
3 evidence that the report was substantiated. The Secretary of
4 Public Welfare or his designated agent is hereby authorized and
5 empowered to make any appropriate order respecting the amendment
6 or expungement of such records to make it accurate or consistent
7 with the requirements of this act.
8 (e) Written notice of any expungement or amendment of any
9 record, made pursuant to the provisions of this act, shall be
10 served upon each subject of such record and the appropriate
11 county public child welfare agency. The latter, upon receipt of
12 such notice, shall take the appropriate similar action in regard
13 to the local child abuse records and inform, for the same
14 purpose, any other agency which received such record pursuant to
15 clause (4) of section 16.
16 (f) Any person who wilfully permits and any person who
17 encourages the release of any data and information contained in
18 the central register or the child welfare records required by
19 this act to persons or agencies not permitted by this act shall
20 be guilty of a misdemeanor of the third degree.
21 (g) Nothing contained in this section shall limit the use of
22 subpoenas lawfully issued, to obtain summaries, or reports made
23 pursuant to this act.
24 Section 15. Child Protective Service Responsibilities and
25 Organization; Local Plan.--(a) Every county public child welfare
26 agency shall establish a "child protective service" within such
27 agency. The child protective service shall perform those
28 functions assigned by this act to it and only such others that
29 would further the purposes of this act. It shall have a
30 sufficient staff of sufficient qualifications to fulfill the
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1 purposes of this act and organized in such a way as to maximize
2 the continuity of responsibility, care and service of individual
3 workers toward individual children and families. The child
4 protective service of the county public child welfare agency
5 shall be the sole agency responsible for receiving and
6 investigating all reports of child abuse made pursuant to this
7 act for the purpose of providing protective services to prevent
8 further abuses to children and to provide or arrange for and
9 monitor the provision of those services necessary to safeguard
10 and ensure the child's well-being and development, and to
11 preserve and stabilize family life wherever appropriate.
12 (b) Any other provision of law notwithstanding, but
13 consistent with subsection (a), the county public child welfare
14 agency, based upon the local plan of services as provided in
15 subsection (c), may purchase and utilize the services of any
16 appropriate public or voluntary agency.
17 (c) No later than January 30 of every year, each county
18 public child welfare agency shall prepare and submit to the
19 Department of Public Welfare after consultation with local law
20 enforcement agencies, the court and appropriate public or
21 voluntary agencies and after a public hearing, a local plan for
22 the provision of child protective services which shall describe
23 the implementation of this act including the organization,
24 staffing, mode of operations and financing of the child
25 protective service as well as the provisions made for purchase
26 of service and inter-agency relations. The local plan may take
27 effect immediately. Within 30 days the Department of Public
28 Welfare shall certify whether or not the local plan fulfills the
29 purposes of and meets the requirements set forth in this act. If
30 the department certifies that the local plan does not do so, the
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1 department shall state the reasons therefor and may withhold
2 State reimbursement for all or part of the activities of the
3 agency.
4 Section 16. Duties of the Child Protective Service
5 Concerning Reports of Abuse.--Each child protective service
6 shall:
7 (1) Receive on a 24-hour, seven day a week basis all reports
8 of suspected child abuse in accordance with this act, the local
9 plan for the provision of child protective services and the
10 regulations of the Department of Public Welfare.
11 (2) Maintain and keep up-to-date a local child abuse
12 register of all cases reported under this act together with any
13 additional information obtained and a record of the final
14 disposition of the report, including services offered and
15 accepted.
16 (3) Upon the receipt of each written report made pursuant to
17 this act, transmit, forthwith, a summary thereof as set forth in
18 section 13(c) to the central register of child abuse. Follow-up
19 reports shall be made at regular intervals thereafter in a
20 manner and form prescribed by the Department of Public Welfare
21 by regulation to the end that the central register is kept fully
22 informed and up-to-date concerning the status of reports.
23 Written reports from an investigation conducted pursuant to this
24 section shall be the product of and shall be signed by two or
25 more child protective services workers.
26 (4) Give telephone notice and forward immediately a copy of
27 reports made pursuant to this act which involve the death of a
28 child to the appropriate district attorney.
29 (5) Upon receipt of such report, commence within 24 hours,
30 an appropriate investigation which shall include an evaluation
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1 of the environment of the child named in the report and any
2 other children in the same home and a determination of the risk
3 to such children if they continue to remain in the existing home
4 environment, as well as a determination of the nature, extent,
5 and cause of any condition enumerated in such report, the name,
6 age and condition of other children in the home, and, after
7 seeing to the safety of the child or children, forthwith notify
8 the subjects of the report in writing, of the existence of the
9 report and their rights pursuant to this act in regard to
10 amendment or expungement.
11 (6) Determine, within 30 days, whether the report is
12 "founded," "unexplained," or "unfounded."
13 (7) Take a child into protective custody to protect him from
14 further abuse when appropriate subject to the provisions of
15 section 8. No child protective services worker shall enter the
16 home of any individual for this purpose without judicial
17 authorization issued upon a showing of probable cause that the
18 child is in immediate danger of further abuse, as defined in
19 this act.
20 (8) Based on the investigation and evaluation conducted
21 pursuant to this act, provide or contract with private or public
22 agencies for the protection of the child in his home whenever
23 possible, and/or those services necessary for adequate care of
24 the child when placed in protective custody. Prior to offering
25 such services to a family, explain that it has no legal
26 authority to compel such family to receive said services, but
27 may inform the family of the obligations and authority of the
28 county public child welfare agency to initiate appropriate court
29 proceedings.
30 (9) In those cases in which an appropriate offer of service
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1 is refused and the child protective service determines or if the
2 service for any other appropriate reason determines that the
3 best interests of the child require court action, initiate the
4 appropriate court proceeding or make a referral to the
5 appropriate district attorney, or both.
6 (10) Assist the court during all stages of the court
7 proceeding in accordance with the purposes of this act.
8 (11) Provide or arrange for and monitor rehabilitative
9 services for children and their families on a voluntary basis or
10 under a final or intermediate order of the court.
11 Section 17. Cooperation of Other Agencies.--The Secretary of
12 Public Welfare may request and shall receive from departments,
13 boards, bureaus, or other agencies of the Commonwealth, or any
14 of its political subdivisions, or any duly authorized agency, or
15 any other agency providing services under the local child
16 protective services plan such assistance and data as will enable
17 the Department of Public Welfare and county public child welfare
18 agency to fulfill their responsibilities properly.
19 Section 18. Annual Reports.--No later than April 15 of every
20 year, the Secretary of Public Welfare shall prepare and transmit
21 to the Governor and the General Assembly a report on the
22 operations of the central register of child abuse and the
23 various county public child welfare agencies. The report shall
24 include a full statistical analysis of the reports made to the
25 central register together with a report on the implementation of
26 this act and its total cost to the Commonwealth, his evaluation
27 of services offered under this act and his recommendations for
28 repeal or for additional legislation to fulfill the purposes of
29 this act. All such recommendations should contain an estimate of
30 increased or decreased costs resulting therefrom.
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1 Section 19. Regulations.--The Department of Public Welfare
2 shall adopt regulations necessary to implement this act.
3 Section 20. Hearings and Evidence.--In addition to the rules
4 of evidence provided under the Juvenile Act the following shall
5 govern in child abuse proceedings in juvenile or family court:
6 (a) Whenever any person required to report under this act is
7 unavailable due to death or removal from the court's
8 jurisdiction, the written report of such person shall be
9 admissible in evidence in any proceedings arising out of child
10 abuse other than proceedings under the Crimes Code. Summaries of
11 reports pursuant to subsection (a) of section 13 shall also be
12 admissible in evidence in any proceeding arising out of child
13 abuse other than under the Crimes Code. Any hearsay contained in
14 the reports or summaries shall be given such weight, if any, as
15 the court shall determine to be appropriate under all of the
16 circumstances. However, any hearsay contained in a written
17 report or summary shall not of itself be sufficient to support
18 an adjudication based on abuse.
19 (b) Except for privileged communications between a lawyer
20 and his client and between a minister and his penitent, any
21 privilege of confidential communication between husband and wife
22 or between any professional person, including but not limited to
23 physicians, psychologists, counselors, employees of hospitals,
24 clinics, day care centers, and schools and their patients or
25 clients, shall not constitute grounds for excluding evidence at
26 any proceeding regarding child abuse or the cause thereof.
27 (c) Evidence that a child has suffered gross physical
28 neglect, sexual abuse or grave physical injury of such a nature
29 as would ordinarily not be sustained or exist except by reason
30 of the acts or omissions of the parent or other person
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1 responsible for the welfare of such child shall be prima facie
2 evidence of child abuse by the parent or other person
3 responsible for the child's welfare.
4 Section 21. The Guardian Ad Litem.--The court, when a
5 proceeding has been filed arising out of child abuse, shall
6 appoint a guardian ad litem for the child who shall be an
7 attorney-at-law. The guardian shall be given access to all
8 reports relevant to the case and to any reports of examination
9 of the child's parents or other custodian pursuant to this act.
10 The guardian ad litem shall be charged with the representation
11 of the child's best interests at every stage of the proceeding
12 and shall make such further investigation necessary to ascertain
13 the facts, interview witnesses, examine and cross-examine
14 witnesses, make recommendations to the court and participate
15 further in the proceedings to the degree appropriate for
16 adequately representing the child.
17 Section 22. Repeals.--The act of August 14, 1967 (P.L.239,
18 No.91), entitled "An act relating to gross physical neglect of,
19 or injury to, children under eighteen years of age; requiring
20 reports in such cases by examining physicians or heads of
21 institutions to county public child welfare agencies; imposing
22 powers and duties on county public child welfare agencies based
23 on such reports; and providing penalties," is repealed
24 absolutely; all other acts and parts of acts, general, local and
25 special, are repealed in so far as they are inconsistent
26 herewith.
27 Section 23. Effective Date.--This act shall take effect 60
28 days after enactment.
29 SECTION 1. SHORT TITLE.--THIS ACT SHALL BE KNOWN AND MAY BE <--
30 CITED AS THE "CHILD PROTECTIVE SERVICES LAW."
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1 SECTION 2. FINDINGS AND PURPOSE.--ABUSED CHILDREN ARE IN
2 URGENT NEED OF AN EFFECTIVE CHILD PROTECTIVE SERVICE TO PREVENT
3 THEM FROM SUFFERING FURTHER INJURY AND IMPAIRMENT. IT IS THE
4 PURPOSE OF THIS ACT TO ENCOURAGE MORE COMPLETE REPORTING OF
5 SUSPECTED CHILD ABUSE AND TO ESTABLISH IN EACH COUNTY A CHILD
6 PROTECTIVE SERVICE CAPABLE OF INVESTIGATING SUCH REPORTS SWIFTLY
7 AND COMPETENTLY, PROVIDING PROTECTION FOR CHILDREN FROM FURTHER
8 ABUSE AND PROVIDING REHABILITATIVE SERVICES FOR CHILDREN AND
9 PARENTS INVOLVED SO AS TO ENSURE THE CHILD'S WELL-BEING AND TO
10 PRESERVE AND STABILIZE FAMILY LIFE WHEREVER APPROPRIATE.
11 SECTION 3. DEFINITIONS.--AS USED IN THIS ACT:
12 "ABUSED CHILD" MEANS A CHILD UNDER 18 YEARS OF AGE WHO
13 EXHIBITS EVIDENCE OF SERIOUS PHYSICAL OR MENTAL INJURY NOT
14 EXPLAINED BY THE AVAILABLE MEDICAL HISTORY AS BEING ACCIDENTAL,
15 SEXUAL ABUSE, OR SERIOUS PHYSICAL NEGLECT, IF THE INJURY, ABUSE
16 OR NEGLECT HAS BEEN CAUSED BY THE ACTS OR OMISSIONS OF THE
17 CHILD'S PARENTS OR BY A PERSON RESPONSIBLE FOR THE CHILD'S
18 WELFARE PROVIDED, HOWEVER, NO CHILD SHALL BE DEEMED TO BE
19 PHYSICALLY OR MENTALLY ABUSED FOR THE SOLE REASON HE IS IN GOOD
20 FAITH BEING FURNISHED TREATMENT BY SPIRITUAL MEANS THROUGH
21 PRAYER ALONE IN ACCORDANCE WITH THE TENETS AND PRACTICES OF A
22 RECOGNIZED CHURCH OR RELIGIOUS DENOMINATION BY A DULY ACCREDITED
23 PRACTITIONER THEREOF OR SOLELY ON THE GROUNDS OF ENVIRONMENTAL <--
24 FACTORS WHICH ARE BEYOND THE CONTROL OF THE PERSON RESPONSIBLE
25 FOR THE CHILD'S WELFARE SUCH AS INADEQUATE HOUSING, FURNISHINGS,
26 INCOME, CLOTHING AND MEDICAL CARE.
27 "CHILD PROTECTIVE SERVICE" MEANS THAT SECTION OF EACH COUNTY
28 PUBLIC CHILD WELFARE AGENCY REQUIRED TO BE ESTABLISHED BY
29 SECTION 16.
30 "DEPARTMENT" MEANS THE DEPARTMENT OF PUBLIC WELFARE OF THE
19750S0025B1236 - 18 -
1 COMMONWEALTH OF PENNSYLVANIA.
2 "EXPUNGE" MEANS TO STRIKE OUT OR OBLITERATE ENTIRELY SO THAT
3 THE EXPUNGED INFORMATION MAY NOT BE STORED, IDENTIFIED, OR LATER
4 RECOVERED BY ANY MEANS MECHANICAL, ELECTRONIC, OR OTHERWISE.
5 "FOUNDED REPORT" MEANS A REPORT MADE PURSUANT TO THIS ACT IF
6 THERE HAS BEEN ANY JUDICIAL ADJUDICATION BASED ON A FINDING THAT
7 A CHILD WHO IS A SUBJECT OF THE REPORT HAS BEEN ABUSED.
8 "INDICATED REPORT" MEANS A REPORT MADE PURSUANT TO THIS ACT
9 IF AN INVESTIGATION BY THE CHILD PROTECTIVE SERVICE DETERMINES
10 THAT SUBSTANTIAL EVIDENCE OF THE ALLEGED ABUSE EXISTS BASED ON
11 (I) AVAILABLE MEDICAL EVIDENCE AND THE CHILD PROTECTIVE SERVICE
12 INVESTIGATION OR (II) AN ADMISSION OF THE ACTS OF ABUSE BY THE
13 CHILD'S PARENT OR PERSON RESPONSIBLE FOR THE CHILD'S WELFARE.
14 "SECRETARY" MEANS THE SECRETARY OF THE DEPARTMENT OF PUBLIC
15 WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA.
16 "SUBJECT OF THE REPORT" MEANS ANY CHILD REPORTED TO THE
17 CENTRAL REGISTER OF CHILD ABUSE AND HIS PARENT, GUARDIAN OR
18 OTHER PERSON LEGALLY RESPONSIBLE ALSO NAMED IN THE REPORT.
19 "UNDER INVESTIGATION" MEANS A REPORT PURSUANT TO THIS ACT
20 WHICH IS BEING INVESTIGATED TO DETERMINE WHETHER IT IS
21 "FOUNDED," "INDICATED," OR "UNFOUNDED."
22 "UNFOUNDED REPORT" MEANS ANY REPORT MADE PURSUANT TO THIS ACT
23 UNLESS THE REPORT IS A "FOUNDED REPORT" OR UNLESS AN
24 INVESTIGATION BY THE APPROPRIATE CHILD PROTECTIVE SERVICE
25 DETERMINES THAT THE REPORT IS AN "INDICATED REPORT."
26 SECTION 4. PERSONS REQUIRED TO REPORT SUSPECTED CHILD
27 ABUSE.--(A) ANY PERSONS WHO, IN THE COURSE OF THEIR EMPLOYMENT,
28 OCCUPATION, OR PRACTICE OF THEIR PROFESSION COME INTO CONTACT
29 WITH CHILDREN SHALL REPORT OR CAUSE A REPORT TO BE MADE IN
30 ACCORDANCE WITH SECTION 6 WHEN THEY HAVE REASON TO BELIEVE, ON
19750S0025B1236 - 19 -
1 THE BASIS OF THEIR MEDICAL, PROFESSIONAL OR OTHER TRAINING AND
2 EXPERIENCE, THAT A CHILD COMING BEFORE THEM IN THEIR
3 PROFESSIONAL OR OFFICIAL CAPACITY IS AN ABUSED CHILD.
4 (B) WHENEVER ANY PERSON IS REQUIRED TO REPORT UNDER
5 SUBSECTION (D) (C) IN HIS CAPACITY AS A MEMBER OF THE STAFF OF A <--
6 MEDICAL OR OTHER PUBLIC OR PRIVATE INSTITUTION, SCHOOL,
7 FACILITY, OR AGENCY, HE SHALL IMMEDIATELY NOTIFY THE PERSON IN
8 CHARGE OF SUCH INSTITUTION, SCHOOL, FACILITY OR AGENCY, OR THE
9 DESIGNATED AGENT OF THE PERSON IN CHARGE. UPON NOTIFICATION,
10 SUCH PERSON IN CHARGE OR HIS DESIGNATED AGENT, IF ANY, SHALL
11 ASSUME THE RESPONSIBILITY AND HAVE THE LEGAL OBLIGATION TO
12 REPORT OR CAUSE A REPORT TO BE MADE IN ACCORDANCE WITH SECTION
13 6. NOTHING IN THIS ACT IS INTENDED TO REQUIRE MORE THAN ONE
14 REPORT FROM ANY SUCH INSTITUTION, SCHOOL OR AGENCY.
15 (C) PERSONS REQUIRED TO REPORT SUSPECTED CHILD ABUSE UNDER
16 SUBSECTION (A) INCLUDE, BUT ARE NOT LIMITED TO, ANY LICENSED
17 PHYSICIAN, MEDICAL EXAMINER, CORONER, DENTIST, OSTEOPATH,
18 OPTOMETRIST, CHIROPRACTOR, PODIATRIST, INTERN, REGISTERED NURSE,
19 LICENSED PRACTICAL NURSE, HOSPITAL PERSONNEL ENGAGED IN THE
20 ADMISSION, EXAMINATION, CARE OR TREATMENT OF PERSONS, A
21 CHRISTIAN SCIENCE PRACTITIONER, SCHOOL ADMINISTRATOR, SCHOOL
22 TEACHER, SCHOOL NURSE, SOCIAL SERVICES WORKER, DAY CARE CENTER
23 WORKER OR ANY OTHER CHILD CARE OR FOSTER CARE WORKER, MENTAL
24 HEALTH PROFESSIONAL, PEACE OFFICER OR LAW ENFORCEMENT OFFICIAL.
25 SECTION 5. ANY PERSON PERMITTED TO REPORT.--IN ADDITION TO
26 THOSE PERSONS AND OFFICIALS REQUIRED TO REPORT SUSPECTED CHILD
27 ABUSE, ANY PERSON MAY MAKE SUCH A REPORT IF THAT PERSON HAS
28 REASONABLE CAUSE TO SUSPECT THAT A CHILD IS AN ABUSED CHILD.
29 SECTION 6. REPORTING PROCEDURE.--(A) REPORTS OF SUSPECTED
30 CHILD ABUSE FROM PERSONS REQUIRED TO REPORT UNDER SECTION 4
19750S0025B1236 - 20 -
1 SHALL BE MADE IMMEDIATELY BY TELEPHONE AND IN WRITING WITHIN 48
2 HOURS AFTER THE ORAL REPORT. ORAL REPORTS SHALL BE MADE TO THE
3 DEPARTMENT PURSUANT TO SECTION 14 AND MAY BE MADE TO THE
4 APPROPRIATE CHILD PROTECTIVE SERVICE.
5 (B) WHEN ORAL REPORTS ARE MADE INITIALLY TO THE CHILD
6 PROTECTIVE SERVICE, THE CHILD PROTECTIVE SERVICE SHALL
7 IMMEDIATELY PREPARE A CHILD ABUSE REPORT SUMMARY IN SUCH FORM AS
8 SHALL BE PRESCRIBED BY THE DEPARTMENT BY REGULATION AND SHALL
9 IMMEDIATELY FORWARD SUCH REPORT SUMMARY TO THE DEPARTMENT TO BE
10 HELD IN THE PENDING COMPLAINT FILE AS PROVIDED IN SECTION 14.
11 THE INITIAL CHILD ABUSE REPORT SUMMARY SHALL BE SUPPLEMENTED AS
12 MORE FACTS BECOME AVAILABLE, AS THE WRITTEN REPORT IS RECEIVED
13 AND WHEN A DETERMINATION IS MADE AS TO WHETHER A REPORT OF
14 SUSPECTED CHILD ABUSE IS A FOUNDED REPORT, AN UNFOUNDED REPORT
15 OR AN INDICATED REPORT.
16 (C) WRITTEN REPORTS FROM PERSONS REQUIRED TO REPORT UNDER
17 SECTION 4 SHALL BE MADE TO THE APPROPRIATE CHILD PROTECTIVE
18 SERVICE IN A MANNER AND ON FORMS PRESCRIBED BY THE DEPARTMENT BY
19 REGULATION. SUCH WRITTEN REPORTS SHALL INCLUDE THE FOLLOWING
20 INFORMATION, IF AVAILABLE: THE NAMES AND ADDRESSES OF THE CHILD
21 AND HIS PARENTS OR OTHER PERSON RESPONSIBLE FOR HIS CARE, IF
22 KNOWN; THE CHILD'S AGE, AND SEX; THE NATURE AND EXTENT OF THE
23 SUSPECTED CHILD ABUSE, INCLUDING ANY EVIDENCE OF PRIOR ABUSE TO
24 THE CHILD OR HIS SIBLINGS; THE NAME OF THE PERSON OR PERSONS
25 RESPONSIBLE FOR CAUSING THE SUSPECTED ABUSE, IF KNOWN; FAMILY
26 COMPOSITION; THE SOURCE OF THE REPORT; THE PERSON MAKING THE
27 REPORT AND WHERE HE CAN BE REACHED; THE ACTIONS TAKEN BY THE
28 REPORTING SOURCE, INCLUDING THE TAKING OF PHOTOGRAPHS AND X-
29 RAYS, REMOVAL OR KEEPING OF THE CHILD OR NOTIFYING THE MEDICAL
30 EXAMINER OR CORONER; ANY ANY OTHER INFORMATION WHICH THE
19750S0025B1236 - 21 -
1 DEPARTMENT MAY, BY REGULATION, REQUIRE.
2 (D) THE FAILURE OF ANY PERSON REPORTING CASES OF SUSPECTED
3 CHILD ABUSE TO CONFIRM AN ORAL REPORT IN WRITING WITHIN 48 HOURS
4 SHALL IN NO WAY RELIEVE THE CHILD PROTECTIVE SERVICE FROM ANY
5 DUTIES PRESCRIBED BY THIS ACT. IN SUCH EVENT, THE CHILD
6 PROTECTIVE SERVICE SHALL PROCEED AS IF A WRITTEN REPORT WERE
7 ACTUALLY MADE.
8 SECTION 7. OBLIGATIONS OF PERSONS REQUIRED TO REPORT.--ANY
9 PERSON OR OFFICIAL REQUIRED TO REPORT CASES OF SUSPECTED CHILD
10 ABUSE MAY TAKE OR CAUSE TO BE TAKEN PHOTOGRAPHS OF THE AREAS OF
11 TRAUMA VISIBLE ON A CHILD WHO IS SUBJECT TO A REPORT AND, IF
12 MEDICALLY INDICATED, CAUSE TO BE PERFORMED A RADIOLOGICAL
13 EXAMINATION ON THE CHILD. ANY PHOTOGRAPHS OR X-RAYS TAKEN SHALL
14 BE SENT TO THE CHILD PROTECTIVE SERVICE AT THE TIME THE WRITTEN
15 REPORT IS SENT, OR AS SOON THEREAFTER AS POSSIBLE.
16 SECTION 8. TAKING A CHILD INTO PROTECTIVE CUSTODY.--(A) A
17 CHILD MAY BE TAKEN INTO CUSTODY:
18 (1) AS PROVIDED BY SECTION 11 OF THE ACT OF DECEMBER 6, 1972
19 (P.L.1464, NO.333), KNOWN AS THE "JUVENILE ACT."
20 (2) BY A PHYSICIAN EXAMINING OR TREATING THE CHILD OR BY THE
21 DIRECTOR, OR A PERSON SPECIFICALLY DESIGNATED IN WRITING BY SUCH
22 DIRECTOR, OF ANY HOSPITAL OR OTHER MEDICAL INSTITUTION WHERE THE
23 CHILD IS BEING TREATED, IF SUCH PROTECTIVE CUSTODY IS
24 IMMEDIATELY NECESSARY TO PROTECT THE CHILD FROM FURTHER SERIOUS
25 PHYSICAL INJURY, SEXUAL ABUSE OR SERIOUS PHYSICAL NEGLECT;
26 PROVIDED THAT NO CHILD SHALL BE HELD IN SUCH CUSTODY FOR MORE
27 THAN 24 HOURS UNLESS THE APPROPRIATE CHILD PROTECTIVE SERVICE IS
28 IMMEDIATELY NOTIFIED THAT THE CHILD HAS BEEN TAKEN INTO CUSTODY
29 AND THE CHILD PROTECTIVE SERVICE OBTAINS AN ORDER FROM A COURT
30 OF COMPETENT JURISDICTION PERMITTING THE CHILD TO BE HELD IN
19750S0025B1236 - 22 -
1 CUSTODY FOR A LONGER PERIOD. THE COURTS OF COMMON PLEAS OF EACH
2 JUDICIAL DISTRICT SHALL INSURE THAT A JUDGE IS AVAILABLE ON A 24
3 HOUR A DAY, 365 DAYS A YEAR BASIS TO ACCEPT AND DECIDE SUCH
4 ACTIONS BROUGHT BY A CHILD PROTECTIVE SERVICE UNDER THIS
5 SUBSECTION WITHIN SUCH 24-HOUR PERIOD.
6 (B) ANY INDIVIDUAL TAKING A CHILD INTO PROTECTIVE CUSTODY
7 UNDER THIS ACT SHALL IMMEDIATELY AND WITHIN 24 HOURS IN WRITING,
8 NOTIFY THE CHILD'S PARENT, GUARDIAN OR OTHER CUSTODIAN OF THE
9 CHILD'S WHEREABOUTS, THE REASONS FOR THE NEED TO TAKE THE CHILD
10 INTO PROTECTIVE CUSTODY, AND SHALL IMMEDIATELY NOTIFY THE
11 APPROPRIATE CHILD PROTECTIVE SERVICE IN ORDER THAT PROCEEDINGS
12 UNDER THE JUVENILE ACT MAY BE INITIATED, IF APPROPRIATE.
13 (C) IN NO CASE SHALL PROTECTIVE CUSTODY UNDER THIS ACT BE
14 MAINTAINED LONGER THAN 72 HOURS WITHOUT A DETENTION HEARING. IF
15 AT THE DETENTION HEARING IT IS DETERMINED THAT PROTECTIVE
16 CUSTODY SHALL BE CONTINUED, THE CHILD PROTECTIVE SERVICES AGENCY
17 SHALL, WITHIN 48 HOURS FILE A PETITION WITH THE COURT UNDER THE
18 JUVENILE ACT.
19 (D) NO CHILD TAKEN INTO PROTECTIVE CUSTODY UNDER THIS ACT
20 SHALL BE DETAINED DURING SUCH PROTECTIVE CUSTODY EXCEPT IN AN
21 APPROPRIATE MEDICAL FACILITY, FOSTER HOME OR OTHER APPROPRIATE
22 FACILITY APPROVED BY THE DEPARTMENT FOR THIS PURPOSE.
23 (E) A CONFERENCE BETWEEN THE PARENT, GUARDIAN OR OTHER
24 CUSTODIAN OF THE CHILD TAKEN INTO TEMPORARY PROTECTIVE CUSTODY
25 PURSUANT TO THIS SECTION AND THE CASE WORKER DESIGNATED BY THE
26 CHILD PROTECTION SERVICE TO BE RESPONSIBLE FOR SUCH CHILD SHALL
27 BE HELD WITHIN 48 HOURS OF THE TIME THAT THE CHILD IS TAKEN INTO
28 SUCH CUSTODY FOR THE PURPOSE OF (I) EXPLAINING TO SUCH PARENT,
29 GUARDIAN OR OTHER CUSTODIAN THE REASONS FOR THE TEMPORARY
30 DETENTION OF THE CHILD AND THE WHEREABOUTS OF THE CHILD, AND
19750S0025B1236 - 23 -
1 (II) TO EXPEDITE, WHEREVER POSSIBLE, THE RETURN OF THE CHILD TO
2 THE CUSTODY OF SUCH PARENT, GUARDIAN OR OTHER CUSTODIAN WHERE
3 SUCH CUSTODY IS NO LONGER NECESSARY.
4 SECTION 9. ADMISSION TO PRIVATE AND PUBLIC HOSPITALS.--(A)
5 CHILDREN APPEARING TO SUFFER ANY PHYSICAL OR MENTAL TRAUMA WHICH
6 MAY CONSTITUTE CHILD ABUSE, SHALL BE ADMITTED TO AND TREATED IN
7 APPROPRIATE FACILITIES OF PRIVATE AND PUBLIC HOSPITALS ON THE
8 BASIS OF MEDICAL NEED AND SHALL NOT BE REFUSED OR DEPRIVED IN
9 ANY WAY OF PROPER MEDICAL TREATMENT AND CARE.
10 (B) THE FAILURE OF ANY SUCH HOSPITAL TO ADMIT AND PROPERLY
11 TREAT AND CARE FOR A CHILD PURSUANT TO SUBSECTION (A) SHALL BE
12 CAUSE FOR THE DEPARTMENT TO ORDER IMMEDIATE ADMITTANCE,
13 TREATMENT, AND CARE BY THE HOSPITAL, WHICH SHALL BE ENFORCEABLE,
14 IF NECESSARY, BY THE PROMPT INSTITUTION OF AN EQUITY ACTION BY
15 THE DEPARTMENT. IN ADDITION THE CHILD, THROUGH HIS ATTORNEY,
16 SHALL, INDEPENDENT OF THE ABOVE, HAVE A RIGHT TO SEEK IMMEDIATE
17 INJUNCTIVE RELIEF AND INSTITUTE AN APPROPRIATE CIVIL ACTION FOR
18 DAMAGES AGAINST THE HOSPITAL.
19 SECTION 10. MANDATORY REPORTING AND POSTMORTEM INVESTIGATION
20 OF DEATHS.--ANY PERSON OR OFFICIAL REQUIRED TO REPORT CASES OF
21 SUSPECTED CHILD ABUSE, INCLUDING EMPLOYEES OF A COUNTY PUBLIC
22 CHILD WELFARE AGENCY, AND ITS CHILD PROTECTIVE SERVICE, WHO HAS
23 REASONABLE CAUSE TO SUSPECT THAT A CHILD DIED AS A RESULT OF
24 CHILD ABUSE SHALL REPORT THAT FACT TO THE CORONER. THE CORONER
25 SHALL ACCEPT THE REPORT FOR INVESTIGATION AND SHALL REPORT HIS
26 FINDING TO THE POLICE, THE DISTRICT ATTORNEY, THE APPROPRIATE
27 CHILD PROTECTIVE SERVICE AND, IF THE REPORT IS MADE BY A
28 HOSPITAL, THE HOSPITAL.
29 SECTION 11. IMMUNITY FROM LIABILITY.--ANY PERSON, HOSPITAL, <--
30 INSTITUTION, SCHOOL, FACILITY OR AGENCY PARTICIPATING IN GOOD
19750S0025B1236 - 24 -
1 FAITH IN THE MAKING OF A REPORT OR TESTIFYING IN ANY PROCEEDING
2 ARISING OUT OF AN INSTANCE OF SUSPECTED CHILD ABUSE, THE TAKING
3 OF PHOTOGRAPHS, OR THE REMOVAL OR KEEPING OF A CHILD PURSUANT TO
4 SECTION 8, SHALL HAVE IMMUNITY FROM ANY LIABILITY, CIVIL OR
5 CRIMINAL, THAT MIGHT OTHERWISE RESULT BY REASON OF SUCH ACTIONS.
6 FOR THE PURPOSE OF ANY PROCEEDING, CIVIL OR CRIMINAL, THE GOOD
7 FAITH OF ANY PERSON REQUIRED TO REPORT CASES OF CHILD ABUSE
8 PURSUANT TO SECTION 4 SHALL BE PRESUMED.
9 SECTION 12. PENALTIES FOR FAILURE TO REPORT.--ANY PERSON OR
10 OFFICIAL REQUIRED BY THIS ACT TO REPORT A CASE OF SUSPECTED
11 CHILD ABUSE WHO WILFULLY FAILS TO DO SO SHALL BE GUILTY OF A
12 SUMMARY OFFENSE, EXCEPT THAT FOR A SECOND OR SUBSEQUENT OFFENSE
13 SHALL BE GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE.
14 SECTION 13. EDUCATION AND TRAINING.--THE DEPARTMENT AND EACH
15 CHILD PROTECTIVE SERVICE, BOTH JOINTLY AND INDIVIDUALLY, SHALL
16 CONDUCT A CONTINUING PUBLICITY AND EDUCATION PROGRAM FOR THE
17 CITIZENS OF THE COMMONWEALTH AIMED AT THE PREVENTION OF CHILD
18 ABUSE, THE IDENTIFICATION OF ABUSED CHILDREN, AND THE PROVISION
19 OF NECESSARY AMELIORATIVE SERVICES TO ABUSED CHILDREN AND THEIR
20 FAMILIES. IN ADDITION, THE DEPARTMENT AND EACH CHILD PROTECTIVE
21 SERVICE SHALL CONDUCT AN ONGOING TRAINING AND EDUCATION PROGRAM
22 FOR LOCAL STAFF, PERSONS REQUIRED TO REPORT, AND OTHER
23 APPROPRIATE PERSONS IN ORDER TO FAMILIARIZE SUCH PERSONS WITH
24 THE REPORTING AND INVESTIGATIVE PROCEDURES FOR CASES OF
25 SUSPECTED CHILD ABUSE AND THE REHABILITATIVE SERVICES THAT ARE
26 AVAILABLE TO CHILDREN AND FAMILIES.
27 SECTION 14. RECORD KEEPING DUTIES OF THE DEPARTMENT.--(A)
28 THERE SHALL BE ESTABLISHED IN THE DEPARTMENT (I) A PENDING
29 COMPLAINT FILE OF CHILD ABUSE REPORTS UNDER INVESTIGATION AND
30 (II) A STATEWIDE CENTRAL REGISTER OF CHILD ABUSE, WHICH SHALL
19750S0025B1236 - 25 -
1 CONSIST OF FOUNDED AND INDICATED REPORTS OF CHILD ABUSE.
2 (B) THE DEPARTMENT SHALL BE CAPABLE OF RECEIVING ORAL
3 REPORTS OF CHILD ABUSE MADE PURSUANT TO THIS ACT AND REPORT
4 SUMMARIES OF CHILD ABUSE FROM CHILD PROTECTIVE SERVICES AND
5 SHALL BE CAPABLE OF IMMEDIATELY IDENTIFYING PRIOR REPORTS OF
6 CHILD ABUSE IN THE STATEWIDE CENTRAL REGISTER AND OF MONITORING
7 THE PROVISION OF CHILD PROTECTIVE SERVICES 24 HOURS A DAY, SEVEN
8 DAYS A WEEK.
9 (C) THE DEPARTMENT SHALL ESTABLISH A SINGLE STATEWIDE TOLL-
10 FREE TELEPHONE NUMBER THAT ALL PERSONS, WHETHER MANDATED BY LAW
11 OR NOT, MAY USE TO REPORT CASES OF SUSPECTED CHILD ABUSE. A
12 CHILD PROTECTIVE SERVICE MAY USE THE STATEWIDE TOLL-FREE
13 TELEPHONE NUMBER FOR DETERMINING THE EXISTENCE OF PRIOR FOUNDED
14 OR INDICATED REPORTS OF CHILD ABUSE IN THE STATEWIDE CENTRAL
15 REGISTER. A CHILD PROTECTIVE SERVICE MAY ONLY REQUEST AND
16 RECEIVE INFORMATION PURSUANT TO THIS SUBSECTION EITHER ON ITS
17 OWN BEHALF BECAUSE IT HAS BEFORE IT A CHILD SUSPECTED OF BEING
18 AN ABUSED CHILD OR ON BEHALF OF A PHYSICIAN EXAMINING OR
19 TREATING A CHILD OR ON BEHALF OF THE DIRECTOR OR A PERSON
20 SPECIFICALLY DESIGNATED IN WRITING BY SUCH DIRECTOR OF ANY
21 HOSPITAL OR OTHER MEDICAL INSTITUTION WHERE A CHILD IS BEING
22 TREATED, WHERE THE PHYSICIAN OR THE DIRECTOR OR A PERSON
23 SPECIFICALLY DESIGNATED IN WRITING BY SUCH DIRECTOR SUSPECTS THE
24 CHILD OF BEING AN ABUSED CHILD.
25 (D) EXCEPT AS PROVIDED IN SUBSECTIONS (F) AND (M), NO
26 INFORMATION SHALL BE RELEASED FROM THE STATEWIDE CENTRAL
27 REGISTER UNLESS PURSUANT TO SUBSECTION (C) AND UNLESS THE
28 DEPARTMENT HAS POSITIVELY IDENTIFIED THE REPRESENTATIVE OF THE
29 CHILD PROTECTIVE SERVICE REQUESTING THE INFORMATION AND THE
30 DEPARTMENT HAS INQUIRED INTO AND IS SATISFIED THAT SUCH PERSON
19750S0025B1236 - 26 -
1 HAS A LEGITIMATE NEED, WITHIN THE SCOPE OF HIS OFFICIAL DUTIES
2 AND THE PROVISIONS OF SUBSECTION (C), TO OBTAIN INFORMATION FROM
3 THE STATEWIDE CENTRAL REGISTER. INFORMATION IN THE STATEWIDE
4 CENTRAL REGISTER SHALL NOT BE RELEASED FOR ANY PURPOSE OR TO ANY
5 INDIVIDUAL NOT SPECIFIED IN THIS SECTION.
6 (E) EXCEPT AS PROVIDED IN SUBSECTIONS (F) AND (M), PERSONS
7 RECEIVING INFORMATION FROM THE STATEWIDE CENTRAL REGISTER MAY BE
8 INFORMED ONLY AS TO WHETHER A PRIOR FOUNDED OR INDICATED REPORT
9 EXISTS, THE NUMBER OF SUCH REPORTS, THE NATURE AND EXTENT OF THE
10 ALLEGED INSTANCES OF SUSPECTED CHILD ABUSE, AND WHETHER THE
11 REPORTS ARE FOUNDED REPORTS OR INDICATED REPORTS.
12 (F) UPON RECEIPT OF A COMPLAINT OF SUSPECTED CHILD ABUSE THE
13 DEPARTMENT SHALL FORTHWITH TRANSMIT IN WRITING (AND ORALLY, IF
14 SUCH IS DEEMED ADVISABLE) TO THE APPROPRIATE CHILD PROTECTIVE
15 SERVICE NOTICE THAT SUCH COMPLAINT OF SUSPECTED CHILD ABUSE HAS
16 BEEN RECEIVED AND THE SUBSTANCE OF THAT COMPLAINT. IF THE
17 STATEWIDE CENTRAL REGISTER CONTAINS INFORMATION INDICATING A
18 PREVIOUS FOUNDED OR INDICATED REPORT CONCERNING A SUBJECT OF
19 SUCH REPORT, THE DEPARTMENT SHALL IMMEDIATELY NOTIFY THE
20 APPROPRIATE CHILD PROTECTIVE SERVICE OF THIS FACT. NO
21 INFORMATION OTHER THAN THAT PERMITTED IN SUBSECTION (I) SHALL BE
22 RETAINED IN THE STATEWIDE CENTRAL REGISTER, THE PENDING
23 COMPLAINT FILE OR OTHERWISE BY THE DEPARTMENT.
24 (G) UPON RECEIPT OF A COMPLAINT OF SUSPECTED CHILD ABUSE,
25 THE DEPARTMENT SHALL MAINTAIN A RECORD OF THE COMPLAINT OF
26 SUSPECTED CHILD ABUSE IN THE PENDING COMPLAINT FILE. NO
27 INFORMATION OTHER THAN THAT PERMITTED TO BE RETAINED IN THE
28 STATEWIDE CENTRAL REGISTER IN SUBSECTION (I) SHALL BE RETAINED
29 IN THE PENDING COMPLAINT FILE. EXCEPT AS PROVIDED IN SUBSECTION
30 (M), NO PERSON, OTHER THAN AN EMPLOYEE OF THE DEPARTMENT IN THE
19750S0025B1236 - 27 -
1 COURSE OF HIS OFFICIAL DUTIES IN CONNECTION WITH THE
2 DEPARTMENT'S RESPONSIBILITIES UNDER THIS ACT SHALL AT ANY TIME
3 HAVE ACCESS TO ANY INFORMATION IN THE PENDING COMPLAINT FILE.
4 (H) WHEN A REPORT OF SUSPECTED CHILD ABUSE IS DETERMINED BY
5 THE APPROPRIATE CHILD PROTECTIVE SERVICE TO BE A FOUNDED REPORT
6 OR AN INDICATED REPORT, THE INFORMATION CONCERNING SUCH REPORT
7 OF SUSPECTED CHILD ABUSE SHALL BE EXPUNGED FORTHWITH FROM THE
8 PENDING COMPLAINT FILE AND AN APPROPRIATE ENTRY SHALL BE MADE IN
9 THE STATEWIDE CENTRAL REGISTER. WHEN A REPORT OF SUSPECTED CHILD
10 ABUSE IS DETERMINED BY THE APPROPRIATE CHILD PROTECTIVE SERVICE
11 TO BE AN UNFOUNDED REPORTED, THE INFORMATION CONCERNING SUCH
12 REPORT OF SUSPECTED CHILD ABUSE SHALL BE EXPUNGED FORTHWITH FROM
13 THE PENDING COMPLAINT FILE AND NO INFORMATION OTHER THAN THAT
14 AUTHORIZED BY SUBSECTION (K), WHICH SHALL NOT INCLUDE ANY
15 IDENTIFYING INFORMATION ON ANY SUBJECT OF SUCH REPORT, SHALL BE
16 RETAINED BY THE DEPARTMENT.
17 (I) THE STATEWIDE CENTRAL REGISTER SHALL INCLUDE AND SHALL
18 BE LIMITED TO THE FOLLOWING INFORMATION: THE NAMES OF THE
19 SUBJECTS OF THE REPORTS; THE DATE OR DATES AND THE NATURE AND
20 EXTENT OF THE ALLEGED INSTANCES OF SUSPECTED CHILD ABUSE; THE
21 HOME ADDRESSES OF SUBJECTS OF THE REPORT; THE AGE OF THE
22 CHILDREN SUSPECTED OF BEING ABUSED; THE LOCALITY IN WHICH THE
23 SUSPECTED ABUSE OCCURRED; WHETHER THE REPORT IS A FOUNDED
24 REPORT, AN INDICATED REPORT; AND THE PROGRESS OF ANY LEGAL
25 PROCEEDINGS BROUGHT ON THE BASIS OF THE REPORT OF SUSPECTED
26 CHILD ABUSE.
27 (J) IF WITHIN 30 DAYS FROM THE DATE OF AN INITIAL REPORT OF
28 SUSPECTED CHILD ABUSE THE APPROPRIATE CHILD PROTECTIVE SERVICE
29 HAS NOT PROPERLY INVESTIGATED SUCH REPORT AND INFORMED THE
30 DEPARTMENT THAT THE REPORT IS AN INDICATED REPORT OR AN
19750S0025B1236 - 28 -
1 UNFOUNDED REPORT, OR UNLESS WITHIN THAT SAME 30-DAY PERIOD THE
2 REPORT IS DETERMINED TO BE A FOUNDED REPORT, THE DEPARTMENT
3 SHALL IMMEDIATELY BEGIN AN INQUIRY INTO THE PERFORMANCE OF THE
4 CHILD PROTECTIVE SERVICE, WHICH INQUIRY MAY INCLUDE A
5 PERFORMANCE AUDIT OF THE CHILD PROTECTIVE SERVICE AS PROVIDED IN
6 SECTION 20. ON THE BASIS OF THAT INQUIRY, THE DEPARTMENT IS
7 HEREBY AUTHORIZED, AND ITS DUTY SHALL BE, TO TAKE APPROPRIATE
8 ACTION TO REQUIRE THAT THE PROVISIONS OF THIS ACT BE STRICTLY
9 FOLLOWED, WHICH ACTION MAY INCLUDE, WITHOUT LIMITATION, THE
10 INSTITUTION OF APPROPRIATE LEGAL ACTION AND/OR THE WITHHOLDING
11 OF REIMBURSEMENT FOR ALL OR PART OF THE ACTIVITIES OF THE COUNTY
12 PUBLIC CHILD WELFARE AGENCY.
13 (K) IF AN INVESTIGATION OF A REPORT OF SUSPECTED CHILD ABUSE
14 CONDUCTED BY THE APPROPRIATE CHILD PROTECTIVE SERVICE PURSUANT
15 TO THIS ACT DOES NOT DETERMINE WITHIN 60 DAYS OF THE DATE OF THE
16 INITIAL REPORT OF SUCH INSTANCE OF SUSPECTED CHILD ABUSE THAT
17 THE REPORT IS AN INDICATED REPORT OR AN UNFOUNDED REPORT, OR
18 UNLESS WITHIN THAT SAME 60-DAY PERIOD THE REPORT IS DETERMINED
19 TO BE A FOUNDED REPORT, SAID REPORT SHALL BE CONSIDERED TO BE AN
20 UNFOUNDED REPORT AND ALL INFORMATION IDENTIFYING THE SUBJECTS OF
21 SUCH REPORT SHALL BE EXPUNGED FORTHWITH. NOTHING IN THIS
22 SUBSECTION SHALL IN ANY WAY LIMIT THE POWERS AND DUTIES OF THE
23 DEPARTMENT AS PROVIDED IN SUBSECTION (J).
24 (L) ALL INFORMATION IDENTIFYING THE SUBJECTS OF ANY REPORT
25 OF SUSPECTED CHILD ABUSE DETERMINED TO BE AN UNFOUNDED REPORT
26 SHALL BE EXPUNGED FORTHWITH FROM THE PENDING COMPLAINT FILE AND
27 THE STATEWIDE CENTRAL REGISTER. SUCH EXPUNGEMENT SHALL BE
28 MANDATED AND GUARANTEED BY THE DEPARTMENT AND PERSONS OR
29 OFFICIALS AUTHORIZED TO KEEP SUCH RECORDS AS MENTIONED IN THIS
30 SUBSECTION AND SUBSECTION (N) OF THIS SECTION WHO WILFULLY FAILS
19750S0025B1236 - 29 -
1 TO DO SO SHALL BE GUILTY OF A SUMMARY OFFENSE, EXCEPT THAT FOR A
2 SECOND AND SUBSEQUENT OFFENSE SHALL BE GUILTY OF A MISDEMEANOR
3 OF THE THIRD DEGREE. FURTHERMORE, THE ATTORNEY GENERAL SHALL
4 CONDUCT A MANDATED AUDIT DONE RANDOMLY BUT AT LEAST ONCE EVERY
5 THREE MONTHS DURING EACH YEAR ON AN UNANNOUNCED BASIS TO ENSURE
6 THAT THE EXPUNGEMENT REQUIREMENTS ARE BEING FULLY AND PROPERLY
7 CONDUCTED.
8 (M) THE DEPARTMENT MAY CONDUCT OR AUTHORIZE THE CONDUCTING
9 OF STUDIES OF THE DATA CONTAINED IN THE PENDING COMPLAINT FILE
10 AND THE STATEWIDE CENTRAL REGISTER AND DISTRIBUTE THE RESULTS OF
11 SUCH STUDIES, PROVIDED THAT NO SUCH STUDY SHALL CONTAIN THE NAME
12 OR OTHER INFORMATION BY WHICH A SUBJECT OF A REPORT COULD BE
13 IDENTIFIED.
14 (N) ALL INFORMATION IDENTIFYING THE SUBJECTS OF ALL
15 INDICATED REPORTS AND ALL INFORMATION IDENTIFYING THE SUBJECT
16 CHILD OF ALL FOUNDED REPORTS SHALL BE EXPUNGED WHEN THE SUBJECT
17 CHILD REACHES THE AGE OF 18. SUCH EXPUNGEMENT SHALL BE MANDATED
18 PURSUANT TO SUBSECTION (L).
19 (O) AT ANY TIME, THE SECRETARY MAY AMEND, SEAL OR EXPUNGE
20 ANY RECORD UPON GOOD CAUSE SHOWN AND NOTICE TO THE SUBJECTS OF
21 THE REPORT. ONCE SEALED, A RECORD SHALL NOT BE OTHERWISE
22 AVAILABLE EXCEPT AS PROVIDED IN SUBSECTION (M) OF THIS SECTION
23 OR EXCEPT IF THE SECRETARY, UPON NOTICE TO THE SUBJECTS OF THE
24 REPORT, GIVES HIS PERSONAL APPROVAL FOR AN APPROPRIATE REASON.
25 (P) ALL EXISTING FILES, REPORTS AND RECORDS RELATING TO
26 CHILD ABUSE COLLECTED OR FILED BY AND IN THE DEPARTMENT PRIOR TO
27 THIS ACT SHALL IMMEDIATELY COME UNDER THE CONTROL OF THE
28 DEPARTMENT PURSUANT TO THIS ACT, AND WITHIN SIX MONTHS FROM THE
29 EFFECTIVE DATE OF THIS ACT THE DEPARTMENT SHALL DESTROY ALL
30 INDIVIDUALLY IDENTIFIABLE RECORDS CONCERNING CHILD ABUSE EXCEPT
19750S0025B1236 - 30 -
1 FOR THE PURPOSES OF STATISTICAL STUDY BY THE DEPARTMENT PURSUANT
2 TO SUBSECTION (M).
3 SECTION 15. CONFIDENTIALITY OF RECORDS.--(A) EXCEPT AS
4 PROVIDED IN SECTION 14, REPORTS MADE PURSUANT TO THIS ACT
5 INCLUDING BUT NOT LIMITED TO REPORT SUMMARIES OF CHILD ABUSE
6 MADE PURSUANT TO SECTION 6(B) AND WRITTEN REPORTS MADE PURSUANT
7 TO SECTION 6(C) AS WELL AS ANY OTHER INFORMATION OBTAINED,
8 REPORTS WRITTEN OR PHOTOGRAPHS OR X-RAYS TAKEN CONCERNING
9 ALLEGED INSTANCES OF CHILD ABUSE IN THE POSSESSION OF THE
10 DEPARTMENT, A COUNTY PUBLIC CHILD WELFARE AGENCY OR A CHILD
11 PROTECTIVE SERVICE SHALL BE CONFIDENTIAL AND SHALL ONLY BE MADE
12 AVAILABLE TO:
13 (1) A DULY AUTHORIZED OFFICIAL OF A CHILD PROTECTIVE SERVICE
14 IN THE COURSE OF HIS OFFICIAL DUTIES.
15 (2) A PHYSICIAN EXAMINING OR TREATING A CHILD OR THE
16 DIRECTOR OR A PERSON SPECIFICALLY DESIGNATED IN WRITING BY SUCH
17 DIRECTOR OF ANY HOSPITAL OR OTHER MEDICAL INSTITUTION WHERE A
18 CHILD IS BEING TREATED, WHERE THE PHYSICIAN OR THE DIRECTOR OR
19 HIS DESIGNEE SUSPECT THE CHILD OF BEING AN ABUSED CHILD.
20 (3) A GUARDIAN AD LITEM FOR THE CHILD.
21 (4) A DULY AUTHORIZED OFFICIAL OF THE DEPARTMENT IN
22 ACCORDANCE WITH DEPARTMENT REGULATIONS OR IN ACCORDANCE WITH THE
23 CONDUCT OF A PERFORMANCE AUDIT AS AUTHORIZED BY SECTION 20.
24 (5) A COURT OF COMPETENT JURISDICTION PURSUANT TO A COURT
25 ORDER.
26 (B) AT ANY TIME, A SUBJECT OF A REPORT MAY RECEIVE, UPON
27 WRITTEN REQUEST, A COPY OF ALL INFORMATION EXCEPT THAT
28 PROHIBITED FROM BEING DISCLOSED BY SUBSECTION (C), CONTAINED IN
29 THE STATEWIDE CENTRAL REGISTER OR IN ANY REPORT FILED PURSUANT
30 TO SECTION 6.
19750S0025B1236 - 31 -
1 (C) THE RELEASE OF DATA THAT WOULD IDENTIFY THE PERSON WHO
2 MADE A REPORT OF SUSPECTED CHILD ABUSE OR PERSON WHO COOPERATED
3 IN A SUBSEQUENT INVESTIGATION, IS HEREBY PROHIBITED UNLESS THE
4 SECRETARY FINDS THAT SUCH RELEASE WILL NOT BE DETRIMENTAL TO THE
5 SAFETY OF SUCH PERSON.
6 (D) AT ANY TIME, A SUBJECT OF A REPORT MAY REQUEST THE
7 SECRETARY TO AMEND, SEAL OR EXPUNGE INFORMATION CONTAINED IN THE
8 PENDING COMPLAINT FILE AND THE STATEWIDE CENTRAL REGISTER OR
9 ORDER THAT THE APPROPRIATE CHILD PROTECTIVE SERVICE TO AMEND,
10 SEAL OR EXPUNGE THE INFORMATION CONTAINED IN ITS FILES
11 PERTAINING TO ANY REPORT FILED PURSUANT TO SECTION 6. IF THE
12 SECRETARY REFUSES OR DOES NOT ACT WITHIN A REASONABLE TIME, BUT
13 IN NO EVENT LATER THAN 30 DAYS AFTER SUCH REQUEST, THE SUBJECT
14 SHALL HAVE THE RIGHT TO A HEARING BEFORE THE SECRETARY OR HIS
15 DESIGNATED AGENT TO DETERMINE WHETHER THE SUMMARY IN THE
16 STATEWIDE CENTRAL REGISTER OR THE CONTENTS OF ANY REPORT FILED
17 PURSUANT TO SECTION 6 SHOULD BE AMENDED, SEALED OR EXPUNGED ON
18 THE GROUNDS THAT IT IS INACCURATE OR IT IS BEING MAINTAINED IN A
19 MANNER INCONSISTENT WITH THIS ACT. THE APPROPRIATE CHILD
20 PROTECTIVE SERVICE SHALL BE GIVEN NOTICE OF THE HEARING. THE
21 BURDEN OF PROOF IN SUCH HEARING SHALL BE ON THE DEPARTMENT AND
22 APPROPRIATE CHILD PROTECTIVE SERVICE. IN SUCH HEARINGS, THE FACT
23 THAT THERE WAS A COURT FINDING OF CHILD ABUSE SHALL BE
24 PRESUMPTIVE EVIDENCE THAT THE REPORT WAS SUBSTANTIATED. THE
25 SECRETARY OR HIS DESIGNATED AGENT IS HEREBY AUTHORIZED AND
26 EMPOWERED TO MAKE ANY APPROPRIATE ORDER RESPECTING THE AMENDMENT
27 OR EXPUNGEMENT OF SUCH RECORDS TO MAKE IT ACCURATE OR CONSISTENT
28 WITH THE REQUIREMENTS OF THIS ACT.
29 (E) WRITTEN NOTICE OF ANY EXPUNGEMENT OR AMENDMENT OF ANY
30 RECORD, MADE PURSUANT TO THE PROVISIONS OF THIS ACT, SHALL BE
19750S0025B1236 - 32 -
1 SERVED UPON EACH SUBJECT OF SUCH RECORD AND THE APPROPRIATE
2 CHILD PROTECTIVE SERVICE. THE LATTER, UPON RECEIPT OF SUCH
3 NOTICE, SHALL TAKE APPROPRIATE, SIMILAR ACTION IN REGARD TO THE
4 LOCAL CHILD ABUSE RECORDS AND INFORM, FOR THE SAME PURPOSE, THE
5 APPROPRIATE CORONER, IF SUCH OFFICER HAS RECEIVED REPORTS
6 PURSUANT TO CLAUSE (3) OF SECTION 17.
7 (F) ANY PERSON WHO WILFULLY FAILS TO OBEY A FINAL ORDER OF
8 THE SECRETARY OR HIS DESIGNATED AGENT TO AMEND OR EXPUNGE THE
9 SUMMARY OF THE REPORT IN THE STATEWIDE CENTRAL REGISTER OR THE
10 CONTENTS OF ANY REPORT FILED PURSUANT TO SECTION 6 SHALL BE
11 GUILTY OF A SUMMARY OFFENSE.
12 (G) ANY PERSON WHO WILFULLY RELEASES OR PERMITS THE RELEASE
13 OF ANY DATA AND INFORMATION CONTAINED IN THE PENDING COMPLAINT
14 FILE, THE STATEWIDE CENTRAL REGISTER OR THE CHILD WELFARE
15 RECORDS REQUIRED BY THIS ACT INCLUDING RECORDS MAINTAINED BY ANY
16 COUNTY PUBLIC CHILD WELFARE AGENCY AND ANY CHILD PROTECTIVE
17 SERVICE TO PERSONS OR AGENCIES NOT PERMITTED BY THIS ACT SHALL
18 BE GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE.
19 SECTION 16. CHILD PROTECTIVE SERVICE RESPONSIBILITIES AND
20 ORGANIZATION; LOCAL PLAN.--(A) EVERY COUNTY PUBLIC CHILD WELFARE
21 AGENCY SHALL ESTABLISH A "CHILD PROTECTIVE SERVICE" WITHIN EACH
22 AGENCY. THE CHILD PROTECTIVE SERVICE SHALL PERFORM THOSE
23 FUNCTIONS ASSIGNED BY THIS ACT TO IT AND ONLY SUCH OTHERS THAT
24 WOULD FURTHER THE PURPOSES OF THIS ACT. IT SHALL HAVE A
25 SUFFICIENT STAFF OF SUFFICIENT QUALIFICATIONS TO FULFILL THE
26 PURPOSES OF THIS ACT AND ORGANIZED IN SUCH A WAY AS TO MAXIMIZE
27 THE CONTINUITY OF RESPONSIBILITY, CARE AND SERVICES OF
28 INDIVIDUAL WORKERS TOWARD INDIVIDUAL CHILDREN AND FAMILIES. THE
29 CHILD PROTECTIVE SERVICE OF THE COUNTY PUBLIC CHILD WELFARE
30 AGENCY SHALL BE THE SOLE AGENCY RESPONSIBLE FOR RECEIVING AND
19750S0025B1236 - 33 -
1 INVESTIGATING ALL REPORTS OF CHILD ABUSE MADE PURSUANT TO THIS
2 ACT, SPECIFICALLY INCLUDING, BUT NOT LIMITED TO REPORTS OF CHILD
3 ABUSE IN FACILITIES OPERATED BY THE DEPARTMENT AND OTHER PUBLIC
4 AGENCIES, FOR THE PURPOSE OF PROVIDING PROTECTIVE SERVICES TO
5 PREVENT FURTHER ABUSES TO CHILDREN AND TO PROVIDE OR ARRANGE FOR
6 AND MONITOR THE PROVISION OF THOSE SERVICES NECESSARY TO
7 SAFEGUARD AND ENSURE THE CHILD'S WELL-BEING AND DEVELOPMENT, AND
8 TO PRESERVE AND STABILIZE FAMILY LIFE WHEREVER APPROPRIATE;
9 PROVIDED, HOWEVER, THAT WHEN THE SUSPECTED ABUSE HAS BEEN
10 COMMITTED BY THE AGENCY OR ANY OF ITS AGENTS OR EMPLOYEES, THE
11 DEPARTMENT SHALL ASSUME THE ROLE OF THE AGENCY.
12 (B) ANY OTHER PROVISION OF LAW NOTWITHSTANDING, BUT
13 CONSISTENT WITH SUBSECTION (A), THE COUNTY PUBLIC CHILD WELFARE
14 AGENCY, BASED UPON THE LOCAL PLAN OF SERVICES AS PROVIDED IN
15 SUBSECTION (C), MAY PURCHASE AND UTILIZE THE SERVICES OF ANY
16 APPROPRIATE PUBLIC OR PRIVATE AGENCY.
17 (C) NO LATER THAN ONCE EACH YEAR AS REQUIRED BY THE
18 DEPARTMENT EACH COUNTY AGENCY CHILD PROTECTIVE SERVICE SHALL
19 PREPARE AND SUBMIT TO THE DEPARTMENT AFTER CONSULTATION WITH
20 LOCAL LAW ENFORCEMENT AGENCIES, THE COURT AND APPROPRIATE PUBLIC
21 OR PRIVATE AGENCIES AND AFTER A PUBLIC HEARING, A LOCAL PLAN FOR
22 THE PROVISION OF CHILD PROTECTIVE SERVICES WHICH SHALL DESCRIBE
23 THE IMPLEMENTATION OF THIS ACT INCLUDING THE ORGANIZATION,
24 STAFFING, MODE OF OPERATIONS AND FINANCING OF THE CHILD
25 PROTECTIVE SERVICE AS WELL AS THE PROVISIONS MADE FOR PURCHASE
26 OF SERVICE AND INTER-AGENCY RELATIONS. THE LOCAL PLAN MAY TAKE
27 EFFECT IMMEDIATELY. WITHIN 60 DAYS THE DEPARTMENT SHALL CERTIFY
28 WHETHER OR NOT THE LOCAL PLAN FULFILLS THE PURPOSES OF AND MEETS
29 THE REQUIREMENTS SET FORTH IN THIS ACT. IF THE DEPARTMENT
30 CERTIFIES THAT THE LOCAL PLAN DOES NOT DO SO, THE DEPARTMENT
19750S0025B1236 - 34 -
1 SHALL STATE THE REASONS THEREFOR AND MAY WITHHOLD REIMBURSEMENT
2 FOR ALL OR PART OF THE ACTIVITIES OF THE AGENCY. IF THE
3 DEPARTMENT FINDS THAT A PROPOSED LOCAL PLAN DOES NOT MEET THE
4 REQUIREMENTS SET FORTH IN THIS ACT, THE CHILD PROTECTIVE SERVICE
5 SHALL REVISE THE LOCAL PLAN IN ACCORDANCE WITH THE DEPARTMENT'S
6 REASONS FOR DISAPPROVAL.
7 (D) EACH CHILD PROTECTIVE SERVICE SHALL MAKE AVAILABLE AMONG
8 ITS SERVICES FOR THE PREVENTION AND TREATMENT OF CHILD ABUSE
9 MULTIDISCIPLINARY TEAMS, INSTRUCTION IN EDUCATION FOR
10 PARENTHOOD, PROTECTIVE AND PREVENTIVE SOCIAL COUNSELING,
11 EMERGENCY CARETAKER SERVICES, EMERGENCY SHELTER CARE, EMERGENCY
12 MEDICAL SERVICES, AND THE ESTABLISHMENT OF GROUPS ORGANIZED BY
13 FORMER ABUSING PARENTS TO ENCOURAGE SELF-REPORTING AND SELF-
14 TREATMENT OF PRESENT ABUSERS.
15 SECTION 17. DUTIES OF THE CHILD PROTECTIVE SERVICE
16 CONCERNING REPORTS OF ABUSE.--EACH CHILD PROTECTIVE SERVICE
17 SHALL:
18 (1) RECEIVE ON A 24 HOUR, SEVEN DAY A WEEK BASIS ALL
19 REPORTS, BOTH ORAL AND WRITTEN, OF SUSPECTED CHILD ABUSE IN
20 ACCORDANCE WITH THIS ACT, THE LOCAL PLAN FOR THE PROVISION OF
21 CHILD PROTECTIVE SERVICES AND THE REGULATIONS OF THE DEPARTMENT.
22 (2) UPON THE RECEIPT OF EACH REPORT OF SUSPECTED CHILD ABUSE
23 MADE PURSUANT TO THIS ACT, IMMEDIATELY TRANSMIT, A CHILD ABUSE
24 REPORT SUMMARY AS PROVIDED IN SECTION 6 TO THE DEPARTMENT.
25 SUPPLEMENTAL REPORTS SHALL BE MADE AT REGULAR INTERVALS
26 THEREAFTER IN A MANNER AND FORM PRESCRIBED BY THE DEPARTMENT, BY
27 REGULATION TO THE END THAT THE DEPARTMENT IS KEPT FULLY INFORMED
28 AND UP-TO-DATE CONCERNING THE STATUS OF REPORTS OF CHILD ABUSE.
29 (3) GIVE TELEPHONE NOTICE AND FORWARD IMMEDIATELY A COPY OF
30 REPORTS MADE PURSUANT TO THIS ACT WHICH INVOLVE THE DEATH OF A
19750S0025B1236 - 35 -
1 CHILD TO THE APPROPRIATE CORONER PURSUANT TO SECTION 9.
2 (4) UPON RECEIPT OF EACH REPORT OF SUSPECTED CHILD ABUSE,
3 COMMENCE WITHIN 24 HOURS, AN APPROPRIATE INVESTIGATION WHICH
4 SHALL INCLUDE A DETERMINATION OF THE RISK TO SUCH CHILD OR
5 CHILDREN IF THEY CONTINUE TO REMAIN IN THE EXISTING HOME
6 ENVIRONMENT, AS WELL AS A DETERMINATION OF THE NATURE, EXTENT,
7 AND CAUSE OF ANY CONDITION ENUMERATED IN SUCH REPORT, AND, AFTER
8 SEEING TO THE SAFETY OF THE CHILD OR CHILDREN, FORTHWITH NOTIFY
9 THE SUBJECTS OF THE REPORT IN WRITING, OF THE EXISTENCE OF THE
10 REPORT AND THEIR RIGHTS PURSUANT TO THIS ACT IN REGARD TO
11 AMENDMENT OR EXPUNGEMENT. THE INVESTIGATION SHALL BE COMPLETED
12 WITHIN 30 DAYS.
13 (5) THE INVESTIGATION SHALL DETERMINE WHETHER THE CHILD IS
14 BEING HARMED BY FACTORS BEYOND THE CONTROL OF THE PARENT OR
15 OTHER PERSON RESPONSIBLE FOR THE CHILD'S WELFARE, AND IF SO
16 DETERMINED, THE CHILD PROTECTIVE SERVICE SHALL PROMPTLY TAKE ALL
17 AVAILABLE STEPS TO REMEDY AND CORRECT SUCH CONDITIONS, INCLUDING
18 BUT NOT LIMITED TO THE COORDINATION OF SOCIAL SERVICES FOR THE
19 CHILD AND THE FAMILY.
20 (6) DETERMINE, WITHIN 30 DAYS, WHETHER THE REPORT IS
21 "FOUNDED," "INDICATED" OR "UNFOUNDED."
22 (7) PURSUANT TO THE PROVISIONS OF SECTION 8 AND AFTER COURT
23 ORDER TAKE A CHILD INTO PROTECTIVE CUSTODY TO PROTECT HIM FROM
24 FURTHER ABUSE. NO CHILD PROTECTIVE SERVICES WORKER SHALL ENTER
25 THE HOME OF ANY INDIVIDUAL FOR THIS PURPOSE WITHOUT JUDICIAL
26 AUTHORIZATION.
27 (8) BASED ON THE INVESTIGATION AND EVALUATION CONDUCTED
28 PURSUANT TO THIS ACT, PROVIDE OR CONTRACT WITH PRIVATE OR PUBLIC
29 AGENCIES FOR THE PROTECTION OF THE CHILD IN HIS HOME WHENEVER
30 POSSIBLE, AND/OR THOSE SERVICES NECESSARY FOR ADEQUATE CARE OF
19750S0025B1236 - 36 -
1 THE CHILD WHEN PLACED IN PROTECTIVE CUSTODY. PRIOR TO OFFERING
2 SUCH SERVICES TO A FAMILY, EXPLAIN THAT IT HAS NO LEGAL
3 AUTHORITY TO COMPEL SUCH FAMILY TO RECEIVE SAID SERVICES, BUT
4 MAY INFORM THE FAMILY OF THE OBLIGATIONS AND AUTHORITY OF THE
5 CHILD PROTECTIVE SERVICE TO INITIATE APPROPRIATE COURT
6 PROCEEDINGS.
7 (9) IN THOSE CASES IN WHICH AN APPROPRIATE OFFER OF SERVICE
8 IS REFUSED AND THE CHILD PROTECTIVE SERVICE DETERMINES OR IF THE
9 SERVICE FOR ANY OTHER APPROPRIATE REASON DETERMINES THAT THE
10 BEST INTERESTS OF THE CHILD REQUIRE COURT ACTION, INITIATE THE
11 APPROPRIATE COURT PROCEEDING.
12 (10) ASSIST THE COURT DURING ALL STAGES OF THE COURT
13 PROCEEDING IN ACCORDANCE WITH THE PURPOSES OF THIS ACT.
14 (11) PROVIDE OR ARRANGE FOR AND MONITOR REHABILITATIVE
15 SERVICES FOR CHILDREN AND THEIR FAMILIES ON A VOLUNTARY BASIS OR
16 UNDER A FINAL OR INTERMEDIATE ORDER OF THE COURT.
17 (12) THE CHILD PROTECTIVE SERVICE SHALL BE AS EQUALLY
18 VIGILANT OF THE STATUS, WELL-BEING, AND CONDITIONS UNDER WHICH A
19 CHILD IS LIVING AND BEING MAINTAINED IN A FACILITY OTHER THAN
20 THAT OF HIS PARENT, CUSTODIAN OR GUARDIAN FROM WHICH HE HAS BEEN
21 REMOVED, AS HE IS OF THE CONDITIONS IN THE DWELLING OF THE
22 PARENT, CUSTODIAN OR GUARDIAN. WHERE THE CHILD PROTECTIVE
23 SERVICE FINDS THAT THE PLACEMENT FOR ANY TEMPORARY OR PERMANENT
24 CUSTODY, CARE OR TREATMENT IS FOR ANY REASON IN APPROPRIATE OR
25 HARMFUL IN ANY WAY TO THE CHILD'S PHYSICAL OR MENTAL WELL-BEING,
26 IT SHALL TAKE IMMEDIATE STEPS TO REMEDY THESE CONDITIONS
27 INCLUDING PETITIONING THE COURT.
28 SECTION 18. COOPERATION OF OTHER AGENCIES.--THE SECRETARY
29 MAY REQUEST AND SHALL RECEIVE FROM DEPARTMENTS, BOARDS, BUREAUS,
30 OR OTHER AGENCIES OF THE COMMONWEALTH, OR ANY OF ITS POLITICAL
19750S0025B1236 - 37 -
1 SUBDIVISIONS, OR ANY DULY AUTHORIZED AGENCY, OR ANY OTHER AGENCY
2 PROVIDING SERVICES UNDER THE LOCAL CHILD PROTECTIVE SERVICES
3 PLAN SUCH ASSISTANCE AND DATA AS WILL ENABLE THE DEPARTMENT AND
4 THE CHILD PROTECTIVE SERVICES TO FULFILL THEIR RESPONSIBILITIES
5 PROPERLY.
6 SECTION 19. ANNUAL REPORTS.--NO LATER THAN APRIL 15 OF EVERY
7 YEAR, THE SECRETARY SHALL PREPARE AND TRANSMIT TO THE GOVERNOR
8 AND THE GENERAL ASSEMBLY A REPORT ON THE OPERATIONS OF THE
9 CENTRAL REGISTER OF CHILD ABUSE AND THE VARIOUS CHILD PROTECTIVE
10 SERVICES. THE REPORT SHALL INCLUDE A FULL STATISTICAL ANALYSIS
11 OF THE REPORTS OF SUSPECTED CHILD ABUSE MADE TO THE DEPARTMENT
12 TOGETHER WITH A REPORT ON THE IMPLEMENTATION OF THIS ACT AND ITS
13 TOTAL COST TO THE COMMONWEALTH, THE SECRETARY'S EVALUATION OF
14 SERVICES OFFERED UNDER THIS ACT AND RECOMMENDATIONS FOR REPEAL
15 OR FOR ADDITIONAL LEGISLATION TO FULFILL THE PURPOSES OF THIS
16 ACT. ALL SUCH RECOMMENDATIONS SHOULD CONTAIN AN ESTIMATE OF
17 INCREASED OR DECREASED COSTS RESULTING THEREFROM.
18 SECTION 20. PERFORMANCE AUDIT.--NOTWITHSTANDING ANY OTHER
19 PROVISION OF THIS ACT, THE SECRETARY OR HIS DESIGNEE MAY DIRECT,
20 AT THEIR DISCRETION, A PERFORMANCE AUDIT OF ANY ACTIVITY ENGAGED
21 IN PURSUANT TO THIS ACT.
22 SECTION 21. REGULATIONS.--THE DEPARTMENT SHALL ADOPT
23 REGULATIONS NECESSARY TO IMPLEMENT THIS ACT.
24 SECTION 22. HEARINGS AND EVIDENCE.--IN ADDITION TO THE RULES
25 OF EVIDENCE PROVIDED UNDER THE JUVENILE ACT THE FOLLOWING SHALL
26 GOVERN IN CHILD ABUSE PROCEEDINGS IN JUVENILE OR FAMILY COURT:
27 (1) WHENEVER ANY PERSON REQUIRED TO REPORT UNDER THIS ACT IS
28 UNAVAILABLE DUE TO DEATH OR REMOVAL FROM THE COURT'S
29 JURISDICTION, THE WRITTEN REPORT OF SUCH PERSON SHALL BE
30 ADMISSIBLE IN EVIDENCE IN ANY PROCEEDINGS ARISING OUT OF CHILD
19750S0025B1236 - 38 -
1 ABUSE OTHER THAN PROCEEDINGS UNDER THE CRIMES CODE. ANY HEARSAY
2 CONTAINED IN THE REPORTS SHALL BE GIVEN SUCH WEIGHT, IF ANY, AS
3 THE COURT SHALL DETERMINE TO BE APPROPRIATE UNDER ALL OF THE
4 CIRCUMSTANCES. HOWEVER, ANY HEARSAY CONTAINED IN A WRITTEN
5 REPORT SHALL NOT OF ITSELF BE SUFFICIENT TO SUPPORT AN
6 ADJUDICATION BASED ON ABUSE.
7 (2) EXCEPT FOR PRIVILEGED COMMUNICATIONS BETWEEN A LAWYER
8 AND HIS CLIENT AND BETWEEN A MINISTER AND HIS PENITENT, ANY
9 PRIVILEGE OF CONFIDENTIAL COMMUNICATION BETWEEN HUSBAND AND WIFE
10 OR BETWEEN ANY PROFESSIONAL PERSON, INCLUDING BUT NOT LIMITED TO
11 PHYSICIANS, PSYCHOLOGIST, COUNSELORS, EMPLOYEES OF HOSPITALS,
12 CLINICS, DAY CARE CENTERS, AND SCHOOLS AND THEIR PATIENTS OR
13 CLIENTS, SHALL NOT CONSTITUTE GROUNDS FOR EXCLUDING EVIDENCE AT
14 ANY PROCEEDING REGARDING CHILD ABUSE OR THE CAUSE THEREOF.
15 (3) EVIDENCE THAT A CHILD HAS SUFFERED SERIOUS PHYSICAL
16 INJURY, SEXUAL ABUSE OR SERIOUS PHYSICAL NEGLECT OF SUCH A
17 NATURE AS WOULD ORDINARILY NOT BE SUSTAINED OR EXIST EXCEPT BY
18 REASON OF THE ACTS OR OMISSIONS OF THE PARENT OR OTHER PERSON
19 RESPONSIBLE FOR THE WELFARE OF SUCH CHILD SHALL BE PRIMA FACIE
20 EVIDENCE OF CHILD ABUSE BY THE PARENT OR OTHER PERSON
21 RESPONSIBLE FOR THE CHILD'S WELFARE.
22 SECTION 23. THE GUARDIAN AD LITEM.--(A) THE COURT, WHEN A
23 PROCEEDING HAS BEEN INITIATED ARISING OUT OF CHILD ABUSE, SHALL
24 APPOINT A GUARDIAN AD LITEM FOR THE CHILD. THE GUARDIAN AD LITEM
25 SHALL BE AN ATTORNEY-AT-LAW. THE GUARDIAN AD LITEM SHALL BE
26 GIVEN ACCESS TO ALL REPORTS RELEVANT TO THE CASE AND TO ANY
27 REPORTS OF EXAMINATION OF THE CHILD'S PARENTS OR OTHER CUSTODIAN
28 PURSUANT TO THIS ACT. THE GUARDIAN AD LITEM SHALL BE CHARGED
29 WITH THE REPRESENTATION OF THE CHILD'S BEST INTERESTS AT EVERY
30 STATE OF THE PROCEEDING AND SHALL MAKE SUCH FURTHER
19750S0025B1236 - 39 -
1 INVESTIGATION NECESSARY TO ASCERTAIN THE FACTS, INTERVIEW
2 WITNESSES, EXAMINE AND CROSS-EXAMINE WITNESSES, MAKE
3 RECOMMENDATIONS TO THE COURT AND PARTICIPATE FURTHER IN THE
4 PROCEEDINGS TO THE DEGREE APPROPRIATE FOR ADEQUATELY
5 REPRESENTING THE CHILD.
6 (B) THE COURT SHALL HAVE THE DUTY, UPON CONSIDERATION OF THE
7 PETITION OF ANY ATTORNEY FOR THE CHILD, TO ORDER A LOCAL CHILD
8 PROTECTIVE SERVICE OR OTHER AGENCY TO ESTABLISH AND/OR
9 IMPLEMENT, FULLY AND PROMPTLY, APPROPRIATE SERVICES, TREATMENT,
10 AND PLANS FOR A CHILD FOUND IN NEED OF THEM. ADDITIONALLY, THE
11 COURT, UPON CONSIDERATION OF THE PETITION OF ANY ATTORNEY FOR
12 THE CHILD, SHALL HAVE THE DUTY TO TERMINATE OR ALTER THE
13 CONDITIONS OF ANY PLACEMENT, TEMPORARY OR PERMANENT, OF A CHILD.
14 SECTION 24. LEGISLATIVE OVERSIGHT.--FOR PURPOSES OF (1) <--
15 PROVIDING INFORMATION THAT WILL AID THE GENERAL ASSEMBLY IN ITS
16 OVERSIGHT RESPONSIBILITIES; (2) ENABLING THE GENERAL ASSEMBLY TO
17 DETERMINE WHETHER THE PROGRAMS AND SERVICES MANDATED BY THIS ACT
18 ARE EFFECTIVELY MEETING THE GOALS OF THIS LEGISLATION; (3)
19 ASSISTING THE GENERAL ASSEMBLY IN MEASURING THE COSTS AND
20 BENEFITS OF THIS PROGRAM AND THE EFFECTS AND/OR SIDE-EFFECTS OF
21 MANDATED PROGRAM SERVICES; (4) PERMITTING THE GENERAL ASSEMBLY
22 TO DETERMINE WHETHER THE CONFIDENTIALITY OF RECORDS MANDATED BY
23 THIS ACT IS BEING MAINTAINED AT THE STATE AND LOCAL LEVEL; AND
24 (5) PROVIDING INFORMATION THAT WILL PERMIT STATE AND LOCAL
25 PROGRAM ADMINISTRATORS TO BE HELD ACCOUNTABLE FOR THE
26 ADMINISTRATION OF THE PROGRAMS MANDATED BY THIS ACT, BEGINNING
27 ONE YEAR FROM THE EFFECTIVE DATE OF THIS ACT, THE SENATE
28 COMMITTEE ON AGING AND YOUTH AND THE HOUSE COMMITTEE ON HEALTH
29 AND WELFARE, EITHER JOINTLY AND/OR SEPARATELY, SHALL BEGIN A
30 REVIEW INTO THE MANNER IN WHICH THIS ACT HAS BEEN ADMINISTERED
19750S0025B1236 - 40 -
1 AT THE STATE AND LOCAL LEVEL.
2 SECTION 24 25. REPEALS.--THE ACT OF AUGUST 14, 1967 <--
3 (P.L.239, NO.91), ENTITLED "AN ACT RELATING TO GROSS PHYSICAL
4 NEGLECT OF, OR INJURY TO, CHILDREN UNDER EIGHTEEN YEARS OF AGE;
5 REQUIRING REPORTS IN SUCH CASES BY EXAMINING PHYSICIANS OR HEADS
6 OF INSTITUTIONS TO COUNTY PUBLIC CHILD WELFARE AGENCIES;
7 IMPOSING POWERS AND DUTIES ON COUNTY PUBLIC CHILD WELFARE
8 AGENCIES BASED ON SUCH REPORTS; AND PROVIDING PENALTIES," IS
9 REPEALED ABSOLUTELY; ALL OTHER ACTS AND PARTS OF ACTS, GENERAL,
10 LOCAL AND SPECIAL, ARE REPEALED IN SO FAR AS THEY ARE
11 INCONSISTENT HEREWITH; PROVIDED, HOWEVER, THAT NOTHING IN THIS
12 ACT SHALL IN ANY WAY REPEAL THE PROVISIONS OF THE ACT OF
13 DECEMBER 6, 1972 (P.L.1464, NO.333), KNOWN AS THE "JUVENILE
14 ACT," NOR THE PROVISIONS OF THE ACT OF APRIL 14, 1972 (P.L.221,
15 NO.63), KNOWN AS THE "PENNSYLVANIA DRUG AND ALCOHOL ABUSE
16 CONTROL ACT."
17 SECTION 25 26. EFFECTIVE DATE.--THIS ACT SHALL TAKE EFFECT <--
18 IMMEDIATELY; PROVIDED, HOWEVER, THAT NO PERSON SHALL BE REQUIRED
19 TO MAKE A REPORT OF SUSPECTED CHILD ABUSE UNTIL THE DEPARTMENT
20 PROMULGATES INITIAL REGULATIONS IMPLEMENTING THIS ACT, AND THE
21 SECRETARY CERTIFIES IN THE PENNSYLVANIA BULLETIN THAT THE
22 STATEWIDE CENTRAL REGISTER AND THE STATEWIDE TOLL-FREE TELEPHONE
23 SYSTEM REQUIRED BY SECTION 14 ARE IN OPERATION. SUCH REGULATIONS
24 SHALL BE ISSUED AS PROPOSED RULE MAKING WITHIN 60 DAYS OF
25 ENACTMENT OF THIS ACT AND SHALL BE PROMULGATED AS FINAL
26 REGULATIONS ALONG WITH THE SECRETARY'S CERTIFICATION THAT THE
27 STATEWIDE CENTRAL REGISTER AND STATEWIDE TOLL-FREE TELEPHONE
28 SYSTEM ARE IN OPERATION WITHIN 120 DAYS OF ENACTMENT OF THIS
29 ACT.
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