PRIOR PRINTER'S NO. 571 PRINTER'S NO. 1523
No. 547 Session of 1999
INTRODUCED BY DeLUCA, MAHER, BLAUM, BUXTON, HERMAN, READSHAW, STEELMAN, GEIST, ORIE, WOJNAROSKI, PESCI, STABACK, SOLOBAY, McCALL, E. Z. TAYLOR, BROWNE, MELIO, M. COHEN, STURLA, MARKOSEK, GIGLIOTTI, LAUGHLIN, LEDERER, WILLIAMS, DALEY, TRELLO, FREEMAN, TANGRETTI, PETRARCA, VAN HORNE, RAMOS, SCRIMENTI, MUNDY, BARD, DERMODY, BELARDI, HARHAI, ROONEY AND MICHLOVIC, FEBRUARY 10, 1999
AS REPORTED FROM COMMITTEE ON AGING AND YOUTH, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 19, 1999
AN ACT 1 Amending Title 23 (Domestic Relations) of the Pennsylvania 2 Consolidated Statutes, further providing for information on 3 prospective child-care personnel. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 6344(a) AND (C)(1) of Title 23 of the <-- 7 Pennsylvania Consolidated Statutes is ARE amended and the <-- 8 section is amended by adding a subsection SUBSECTIONS to read: <-- 9 § 6344. Information relating to prospective child-care 10 personnel. 11 (a) Applicability.--This section applies to all prospective 12 employees of child-care services, prospective foster parents, 13 prospective adoptive parents, prospective self-employed family 14 day-care providers and other persons seeking to provide child- 15 care services under contract with a child-care facility or
1 program. This section also applies to individuals 14 years of 2 age or older who reside in the home of a prospective foster 3 parent for at least 30 days in a calendar year OR WHO RESIDE IN <-- 4 THE HOME OF A PROSPECTIVE ADOPTIVE PARENT FOR AT LEAST 30 DAYS 5 IN A CALENDAR YEAR. This section does not apply to 6 administrative or other support personnel unless their duties 7 will involve direct contact with children. 8 * * * 9 (n) Use of information.--A foster family care agency may not <-- 10 approve a prospective foster parent if the prospective foster 11 parent or an individual 14 years of age or older who resides for 12 at least 30 days in a calendar year with the prospective foster 13 parent meets any of the following: 14 (1) Is named in the central register as the perpetrator 15 of a founded report of child abuse. 16 (2) Has been found guilty of or adjudicated delinquent 17 for an offense listed in subsection (c). 18 (C) GROUNDS FOR DENYING EMPLOYMENT.-- <-- 19 (1) IN NO CASE SHALL AN ADMINISTRATOR HIRE AN APPLICANT 20 WHERE THE DEPARTMENT HAS VERIFIED THAT THE APPLICANT IS NAMED 21 IN THE CENTRAL REGISTER AS THE PERPETRATOR OF A FOUNDED 22 REPORT OF CHILD ABUSE COMMITTED WITHIN THE FIVE-YEAR PERIOD 23 IMMEDIATELY PRECEDING VERIFICATION PURSUANT TO THIS SECTION 24 OR IS NAMED IN THE CENTRAL REGISTER AS THE PERPETRATOR OF A 25 FOUNDED REPORT FOR A SCHOOL EMPLOYEE COMMITTED WITHIN THE 26 FIVE-YEAR PERIOD IMMEDIATELY PRECEDING VERIFICATION PURSUANT 27 TO THIS SECTION. 28 * * * 29 (N) USE OF INFORMATION.--A FOSTER FAMILY CARE AGENCY MAY NOT 30 APPROVE A PROSPECTIVE FOSTER PARENT IF THE PROSPECTIVE FOSTER 19990H0547B1523 - 2 -
1 PARENT OR AN INDIVIDUAL 14 YEARS OF AGE OR OLDER WHO RESIDES FOR 2 AT LEAST 30 DAYS IN A CALENDAR YEAR WITH THE PROSPECTIVE FOSTER 3 PARENT MEETS ANY OF THE FOLLOWING: 4 (1) IS NAMED IN THE CENTRAL REGISTER AS THE PERPETRATOR 5 OF A FOUNDED REPORT OF CHILD ABUSE COMMITTED WITHIN THE FIVE- 6 YEAR PERIOD IMMEDIATELY PRECEDING VERIFICATION PURSUANT TO 7 THIS SECTION OR IS NAMED IN THE CENTRAL REGISTER AS THE 8 PERPETRATOR OF A FOUNDED REPORT FOR A SCHOOL EMPLOYEE 9 COMMITTED WITHIN THE FIVE-YEAR PERIOD IMMEDIATELY PRECEDING 10 VERIFICATION PURSUANT TO THIS SECTION. 11 (2) HAS BEEN FOUND GUILTY OF AN OFFENSE LISTED IN 12 SUBSECTION (C)(2). 13 (O) USE OF INFORMATION.--A PROSPECTIVE ADOPTIVE PARENT MAY 14 NOT BE APPROVED IF THE PROSPECTIVE ADOPTIVE PARENT OR AN 15 INDIVIDUAL 14 YEARS OF AGE OR OLDER WHO RESIDES FOR AT LEAST 30 16 DAYS IN A CALENDAR YEAR WITH THE PROSPECTIVE ADOPTIVE PARENT 17 MEETS EITHER OF THE FOLLOWING: 18 (1) IS NAMED IN THE CENTRAL REGISTER AS THE PERPETRATOR 19 OF A FOUNDED REPORT OF CHILD ABUSE COMMITTED WITHIN THE FIVE- 20 YEAR PERIOD IMMEDIATELY PRECEDING VERIFICATION PURSUANT TO 21 THIS SECTION OR IS NAMED IN THE CENTRAL REGISTER AS THE 22 PERPETRATOR OF A FOUNDED REPORT FOR SCHOOL EMPLOYEE COMMITTED 23 WITHIN THE FIVE-YEAR PERIOD IMMEDIATELY PRECEDING 24 VERIFICATION PURSUANT TO THIS SECTION. 25 (2) HAS BEEN FOUND GUILTY OF AN OFFENSE LISTED IN 26 SUBSECTION (C)(2). 27 Section 2. This act shall take effect in 60 days. L29L23JLW/19990H0547B1523 - 3 -