Pennsylvania Act 2006-126 — DOMESTIC RELATIONS CODE (23 PA.C.S.) - EXCEPTION TO ORAL EXAMINATION FOR MEMBERS OF ACTIVE MILITARY, RESERVES OR PENNSYLVANIA NATIONAL GUARD ON ACTIVE DUTY; CHILD PROTECTIVE SERVICES INVESTIGATIVE REPORTS AND COUNTY AGENCY PROTECTIVE SERVICES REQUIREMENTS

Act text

DOMESTIC RELATIONS CODE (23 PA.C.S.) - EXCEPTION TO ORAL EXAMINATION FOR
  MEMBERS OF ACTIVE MILITARY, RESERVES OR PENNSYLVANIA NATIONAL GUARD ON
 ACTIVE DUTY; CHILD PROTECTIVE SERVICES INVESTIGATIVE REPORTS AND COUNTY
                 AGENCY PROTECTIVE SERVICES REQUIREMENTS
                 Act of Oct. 27, 2006, P.L. 1192, No. 126             Cl. 23
                             Session of 2006
                               No. 2006-126

     SB 63

                                  AN ACT

     Amending Title 23 (Domestic Relations) of the Pennsylvania
        Consolidated Statutes, providing an exception to the oral
        examination for members of the active military, reserves or
        Pennsylvania National Guard who are currently deployed in an
        active military operation or national emergency; and further
        providing, in child protective services, for investigation of
        reports and for county agency requirements for general
        protective services.

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

        Section 1.  Sections 1306 and 6368(a) of Title 23 of the
     Pennsylvania Consolidated Statutes are amended to read:
      § 1306.  Oral examination.
        (a)  General rule.--Each of the applicants for a marriage
     license shall appear in person and shall be examined under oath
     or affirmation as to:
            (1)  The legality of the contemplated marriage.
            (2)  Any prior marriage or marriages and its or their
        dissolution.
            (3)  The restrictions set forth in section 1304 (relating
        to restrictions on issuance of license).
            (4)  All the information required to be furnished on the
        application for license as prepared and approved by the
        department.
        (b)  Exception.--If an applicant is unable to appear in
     person because of his active military service, the applicant
     shall be permitted to forward an affidavit, which verifies all
     of the information required under subsection (a), to the issuing
     authority.
        (c)  Form.--The department shall develop and make available
     affidavit forms to be used by applicants under subsection (b).
        (d)  Definition.--As used in this section, the term "active
     military service" means active service in any of the armed
     services or forces of the United States or this Commonwealth.
      § 6368.  Investigation of reports.
        (a)  General rule.--Upon receipt of each report of suspected
     child abuse, the county agency shall immediately commence an
     appropriate investigation and see the child immediately if
     emergency protective custody is required or has been or shall be
     taken or if it cannot be determined from the report whether
     emergency protective custody is needed. Otherwise, the county
     agency shall commence an appropriate investigation and see the
     child within 24 hours of receipt of the report. The
     investigation shall include a determination of the risk of harm
     to the child or children if they continue to remain in the
     existing home environment, as well as a determination of the
     nature, extent and cause of any condition enumerated in the
     report [and], any action necessary to provide for the safety of
     the child or children and the taking of photographic
     identification of the child or children to be maintained with
     the file. During the investigation, the county agency shall
     provide or arrange for services necessary to protect the child
     while the agency is making a determination pursuant to this
     section. If the investigation indicates serious physical injury,
     a medical examination shall be performed on the subject child by
     a certified medical practitioner. Where there is reasonable
     cause to suspect there is a history of prior or current abuse,
     the medical practitioner has the authority to arrange for
     further medical tests or the county agency has the authority to
     request further medical tests. The investigation shall include
     communication with the department's service under section 6332
     (relating to establishment of Statewide toll-free telephone
     number). Prior to interviewing a subject of the report, the
     county agency shall orally notify the subject who is about to be
     interviewed of the existence of the report, the subject's rights
     under 42 Pa.C.S. §§ 6337 (relating to right to counsel) and 6338
     (relating to other basic rights) and the subject's rights
     pursuant to this chapter in regard to amendment or expungement.
     Within 72 hours following oral notification to the subject, the
     county agency shall give written notice to the subject. The
     notice may be reasonably delayed if notification is likely to
     threaten the safety of the victim, a nonperpetrator subject or
     the investigating county agency worker, to cause the perpetrator
     to abscond or to significantly interfere with the conduct of a
     criminal investigation. However, the written notice must be
     provided to all subjects prior to the county agency's reaching a
     finding on the validity of the report.
        * * *
        Section 2.  Section 6375(g) of Title 23 is amended and the
     section is amended by adding a subsection to read:
      § 6375.  County agency requirements for general protective
                services.
        * * *
        (g)  Monitoring, evaluating and assessing.--The county agency
     shall frequently monitor the provision of services, evaluate the
     effectiveness of the services, conduct in-home visits and make a
     periodic assessment of the risk of harm to the child, which
     shall include maintaining an annually updated photograph of the
     child and verification of the identification of the child.
        * * *
        (n)  Transfer of files between county agencies.--Whenever a
     county agency transfers to another county agency a file relating
     to a child who receives or is in need of protective services
     under this chapter, the file shall include any photographic
     identification and an annual photograph taken of the child.
        Section 3.  The Department of Public Welfare may promulgate
     rules and regulations to administer and enforce the amendment of
     23 Pa.C.S. §§ 6368 and 6375 effected by this act.
        Section 4.  This act shall take effect in 60 days.

     APPROVED--The 27th day of October, A. D. 2006.

     EDWARD G. RENDELL