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        PRIOR PRINTER'S NO. 571                      PRINTER'S NO.  1523

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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.


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