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Senate Co-Sponsorship Memoranda
Senate of Pennsylvania
Session of 2023 - 2024
Regular Session
MEMORANDUM
| Posted: | October 15, 2024 11:24 AM |
|---|---|
| From: | Senator Timothy P. Kearney |
| To: | All Senate members |
| Subject: | Improving the Child Abuse and Neglect Registry |
| The Senate and legislature have continued to make progress on recommendations to ensure support and protections for child victims. Senate Bill 1018, now Act 23 of 2024 provided additional supports for children called as witnesses in Bureau of Hearing and Appeals (BHA) hearings related to the Pennsylvania child abuse and neglect (CAN) registry. That legislation was understood as part of a broader set of reforms needed for the Commonwealth’s CAN registry. That is why I will soon introduce legislation to ensure the CAN registry is operating fairly, protecting children, while also not unnecessarily locking Pennsylvania parents and caregivers out of employment in high-growth fields that are in desperate need of qualified and reliable workers. Pennsylvania is one of several states benefitting from support from the Annie E. Casey Foundation (AECF) to explore reforms to state child abuse registries. As a result, a diverse group of Pennsylvania stakeholders have been meeting and identified reforms that were needed related to: due process, tiering the time a person remains on the registry based on the incident type, and safeguarding child witnesses. With the child witness piece tackled, I invite you to join with me in working to enact a tiered approach to the time a person’s placement on the registry affects their ability to work or volunteer. Access to the CAN registry has been greatly expanded over the past decade, and placement on the registry can impact the ability of parents and caregivers to work in a wide range of jobs. Not only are jobs in childcare and schools affected, but jobs in health care, security, social services, and more now regularly require ChildLine screenings. Parents and caregivers placed on the registry also face barriers to volunteering and being active in their own children’s activities and lives. The expanded use of clearances in Pennsylvania is an outlier among other states – in 2023 the Pennsylvania Department of Human Services processed 845,734 clearance requests. This widespread access is impactful given that people are placed on the CAN registry before they have had a meaningful opportunity to be heard, and often for allegations involving a moment-in-time challenge in parenting or related to relatively minor incidents such as missed doctor appointments, accidental injuries, or brief lapses in supervision. The CAN registry treats all types of allegations the same – if people do not receive notification about the ability to appeal or appeal within a short window of time, they are on the registry for life, regardless of whether they were accused of sexual abuse or missing a doctor’s appointment. In fact, often people learn they are on the registry when they apply for and are denied a job and by then their appeal window has closed. In comparison, the criminal system has tiers of crimes considering the degree of the crime and the culpability of the person accused that can vary the sentencing for the individual. Not everyone receives a life sentence. Pennsylvania has been a leader in recognizing that criminal records should not forever impede the ability of people to find good jobs. In passing and expanding Clean Slate with overwhelming bipartisan support, Pennsylvania has created a model that has been followed around the country. My proposed legislation would operate similarly to Clean Slate in that after certain periods of time, more minor types of alleged offenses would no longer be reported to employers on ChildLine clearances. Similar to Clean Slate, records may be retained, but would not be accessible in the course of an employment screening once the designated time period has elapsed. I hope that you will consider co-sponsoring this important legislation. |
Memo Updated: October 15, 2024 11:38 AM