PRIOR PRINTER'S NOS. 940, 2097 PRINTER'S NO. 2185
No. 823 Session of 2007
INTRODUCED BY DERMODY, SOLOBAY, KILLION, MELIO, PALLONE, HARHAI, KOTIK, DALEY, WOJNAROSKI, READSHAW, MANN, SAYLOR, SIPTROTH, SAINATO, MUNDY, WALKO, PETRARCA, M. SMITH, BELFANTI, JOSEPHS, FRANKEL, CALTAGIRONE, KULA, HORNAMAN, DeLUCA, K. SMITH, YOUNGBLOOD, MURT, JAMES AND KORTZ, MARCH 19, 2007
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JULY 2, 2007
AN ACT 1 Amending Title 23 (Domestic Relations) of the Pennsylvania 2 Consolidated Statutes, further providing, in child protective 3 services, for definitions, for immunity from liability, for 4 release of information in confidential reports, for studies 5 of data in records, for investigating performance of county 6 agencies, for citizen review panels, for child abuse services 7 and for reporting. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. The definition of "nonaccidental" in section 11 6303(a) of Title 23 of the Pennsylvania Consolidated Statutes is 12 amended and the subsection is amended by adding a definition to 13 read: 14 § 6303. Definitions. 15 (a) General rule.--The following words and phrases when used 16 in this chapter shall have the meanings given to them in this 17 section unless the context clearly indicates otherwise: 18 * * *
1 "Children's advocacy center." A local public agency in this 2 Commonwealth and a not-for-profit entity incorporated in this 3 Commonwealth which: 4 (1) is tax exempt under section 501(c)(3) of the 5 Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 6 501(c)(3)); and 7 (2) operates within this Commonwealth for the primary 8 purpose of providing a child-focused, facility-based program 9 dedicated to coordinating a formalized multidisciplinary 10 response to suspected child abuse that, at a minimum, either 11 onsite or through a partnership with another entity or 12 entities, assists county agencies, investigative teams and 13 law enforcement by providing services, including forensic 14 interviews, medical evaluations, therapeutic interventions, 15 victim support and advocacy, team case reviews and a system 16 for case tracking. 17 * * * 18 "Nonaccidental." [An injury that is the result of] Resulting 19 from an intentional act OR OMISSION that is committed with <-- 20 disregard of a substantial and unjustifiable risk. 21 * * * 22 Section 1.1. Section 6318(a) of Title 23 is amended to read: 23 § 6318. Immunity from liability. 24 (a) General rule.--A person, hospital, institution, school, 25 facility, agency or agency employee that participates in good 26 faith in the making of a report, whether required or not, 27 cooperating with an investigation, including providing 28 information to a child fatality or near fatality review team, 29 testifying in a proceeding arising out of an instance of 30 suspected child abuse, the taking of photographs or the removal 20070H0823B2185 - 2 -
1 or keeping of a child pursuant to section 6315 (relating to 2 taking child into protective custody), and any official or 3 employee of a county agency who refers a report of suspected 4 abuse to law enforcement authorities or provides services under 5 this chapter, shall have immunity from civil and criminal 6 liability that might otherwise result by reason of those 7 actions. 8 * * * 9 Section 2. Section 6340(a) of Title 23 is amended by adding 10 a paragraph to read: 11 § 6340. Release of information in confidential reports. 12 (a) General rule.--Reports specified in section 6339 13 (relating to confidentiality of reports) shall only be made 14 available to: 15 * * * 16 (17) A member of a child fatality or near fatality 17 review team under section 6365(d). 18 * * * 19 Section 2.1. Section 6342 of Title 23 is amended to read: 20 § 6342. Studies of data in records. 21 (a) Studies.--The department may conduct or authorize the 22 conducting of studies of the data contained in the pending 23 complaint file and the Statewide central register and county 24 agencies and distribute the results of the studies. No study may 25 contain the name or other information by which a subject of a 26 report could be identified. The department may allow Federal 27 auditors access to nonidentifiable duplicates of reports in the 28 pending complaint file and the Statewide central register if 29 required for Federal financial participation in funding of 30 agencies. 20070H0823B2185 - 3 -
1 (b) Data form.--The department shall develop a data form to 2 facilitate the collection of statistical and demographic 3 information from a child fatality or near fatality review team 4 and a county agency, which can be incorporated into a study 5 conducted by the department. 6 Section 3. Section 6343 of Title 23 is amended by adding a 7 subsection to read: 8 § 6343. Investigating performance of county agency. 9 * * * 10 (c) Department reviews and reports of child fatalities and 11 near fatalities.-- 12 (1) The department shall conduct a child fatality and 13 near fatality review and provide a written report on any 14 child fatality or near fatality, if child abuse is suspected. 15 The department shall summarize: 16 (i) the nature and extent of its review; 17 (ii) statutory and regulatory compliance by the 18 county agency in the county where: 19 (A) the fatality or near fatality occurred; and 20 (B) the child resided within the 16 months 21 preceding the fatality or near fatality; 22 (iii) its findings and recommendations for reducing 23 the likelihood of future child fatalities and near 24 fatalities, resulting from child abuse. 25 (2) The department's child fatality or near fatality 26 review shall be commenced immediately upon receipt of a 27 report to the department that a child died or nearly died as 28 a result of suspected child abuse. The department shall 29 provide assistance and relevant information to the child 30 fatality or near fatality review team and attempt to 20070H0823B2185 - 4 -
1 coordinate its fact-finding efforts and interviews with the 2 team to avoid duplication. The department's child fatality or 3 near fatality review and report shall be completed as soon as 4 possible but no later than six months from receipt of the 5 initial report of the child fatality or near fatality. 6 (3) Prior to completing its report, the department may 7 release the following information to the public concerning a 8 child who died or nearly died as a result of suspected or 9 substantiated child abuse: 10 (i) The identity of the child. 11 (ii) If the child was in the custody of a public or 12 private agency, the identity of the agency. 13 (iii) The identity of the public or private agency 14 under contract with a county agency to provide services 15 to the child and the child's family in the child's home 16 prior to the child's death or near fatality. 17 (iv) A description of services provided under 18 subparagraph (iii). 19 (v) The identity of the county agency that convened 20 a child fatality or near fatality review team with 21 respect to the child. 22 (4) Upon completion of the review and report, the 23 department's child fatality or near fatality report shall be 24 made available to the county agency, the child fatality or 25 near fatality review team and designated county officials 26 under section 6340(a)(11) (relating to release of information 27 in confidential reports). The report shall be made available, 28 upon request, to other individuals to whom confidential 29 reports may be released, as specified by section 6340. The 30 department's report shall be made available to the public, 20070H0823B2185 - 5 -
1 but identifying information shall be removed from the 2 contents of the report except for disclosure of: the identity 3 of a deceased child; if the child was in the custody of a 4 public or private agency, the identity of the agency; the 5 identity of the public or private agency under contract with 6 a county agency to provide services to the child and the 7 child's family in the child's home prior to the child's death 8 or near fatality; and the identity of any county agency that 9 convened a child fatality or near fatality review team in 10 respect to the child. The report shall not be released to the 11 public if the district attorney certifies that release of the 12 report may compromise a pending criminal investigation or 13 proceeding. Certification by the district attorney shall stay 14 the release of the report for a period of 60 days, at which 15 time the report shall be released unless a new certification 16 is made by the district attorney. 17 Section 4. Section 6343.1(a) and (b)(2)(ii) of Title 23 are 18 amended to read: 19 § 6343.1. Citizen review panels. 20 (a) Establishment.--The department shall establish a minimum 21 of three citizen review panels. The department may designate a 22 child fatality or near fatality review team under section 23 6365(d) (relating to services for prevention, investigation and 24 treatment of child abuse) as a citizen review panel as long as 25 the team has the capacity to perform as a citizen review panel. 26 (b) Function.--The panels shall examine all of the 27 following: 28 * * * 29 (2) Other criteria the panel considers important to 30 ensure the protection of children, including: 20070H0823B2185 - 6 -
1 * * * 2 (ii) a review of child fatalities and near 3 fatalities[.], including, but not limited to, a review of 4 any child fatality or near fatality involving a child in 5 the custody of a public or private agency where there is 6 no report of suspected child abuse and the cause of death 7 is neither the result of child abuse or natural causes. 8 * * * 9 Section 5. Sections 6365 and 6367 of Title 23 are amended by 10 adding subsections to read: 11 § 6365. Services for prevention, investigation and treatment of 12 child abuse. 13 * * * 14 (d) Child fatality or near fatality review team and written 15 report.-- 16 (1) A child fatality or near fatality review team shall 17 be convened by a county agency IN ACCORDANCE WITH A PROTOCOL <-- 18 DEVELOPED BY THE COUNTY AGENCY, THE DEPARTMENT AND THE 19 DISTRICT ATTORNEY in a case when a child dies or nearly dies 20 as a result of substantiated child abuse or when the county 21 agency has not made a status determination within 30 days. 22 The team may convene after a substantiation is made and shall 23 convene no later than 31 days from the receipt of the oral 24 report to the department of the suspected child abuse. The 25 county agency shall convene a child fatality or near fatality 26 review team in the county where the abuse occurred and in any 27 county where the child resided within the 16 months preceding 28 the fatality or near fatality. The team shall consist of at 29 least six individuals who are broadly representative of the 30 county where the team is established and who have expertise 20070H0823B2185 - 7 -
1 in prevention and treatment of child abuse. With 2 consideration given to the circumstances of each case and 3 availability of individuals to serve as members, the team may 4 consist of the following individuals: 5 (i) A staff person from the county agency. 6 (ii) A member of the advisory committee of the 7 county agency. 8 (iii) A health care professional. 9 (iv) A representative of a local school, educational 10 program or child care or early childhood development 11 program. 12 (v) A representative of law enforcement or the 13 district attorney. 14 (vi) An attorney-at-law trained in legal 15 representation of children or an individual trained under 16 42 Pa.C.S. § 6342 (relating to court-appointed special 17 advocates). 18 (vii) A mental health professional. 19 (viii) A representative of a children's advocacy 20 center that provides services to children in the county. 21 The individual under this subparagraph must not be an 22 employee of the county agency. 23 (ix) The county coroner or forensic pathologist. 24 (x) A representative of a local domestic violence 25 program. 26 (xi) A representative of a local drug and alcohol 27 program. 28 (xii) An individual representing parents. 29 (xiii) Any individual whom the county agency or 30 child fatality or near fatality review team determines is 20070H0823B2185 - 8 -
1 necessary to assist the team in performing its duties. 2 (2) Members of the team shall be responsible for all of 3 the following: 4 (i) Maintaining confidentiality of information under 5 sections 6339 (relating to confidentiality of reports) 6 and 6340. 7 (ii) Providing and discussing relevant case-specific 8 information. 9 (iii) Attending and participating in all meetings 10 and activities as required. 11 (iv) Assisting in the development of the report 12 under paragraph (4)(v). 13 (3) The county agency, IN ACCORDANCE WITH THE PROTOCOL <-- 14 AND in consultation with the team, shall appoint an 15 individual who is not an employee of the county agency to 16 serve as chairperson. 17 (4) The team shall perform the following: 18 (i) Review the circumstances of the child's fatality 19 or near fatality resulting from suspected or 20 substantiated child abuse. 21 (ii) Review the delivery of services to the abused 22 child and the child's family provided by the county 23 agency and review services provided to the perpetrator by 24 the county agency in each county where the child and 25 family have resided within the 16 months preceding the 26 fatality or near fatality and the services provided to 27 the child, the child's family and the perpetrator by 28 other public and private community agencies or 29 professionals. This subparagraph includes law 30 enforcement, mental health services, programs for young 20070H0823B2185 - 9 -
1 children and children with special needs, drug and 2 alcohol programs, local schools and health care 3 providers. 4 (iii) Review relevant court records and documents 5 related to the abused child and the child's family. 6 (iv) Review the county agency's compliance with 7 statutes and regulations and with relevant policies and 8 procedures of the county agency. 9 (v) Within 90 days of convening, submit a final 10 written report on the child fatality or near fatality to 11 the department and designated county officials under 12 section 6340(a)(11). Within 30 days after submission of 13 the report to the department, the report shall be made 14 available, upon request, to other individuals to whom 15 confidential reports may be released, as specified by 16 section 6340. The report shall be made available to the 17 public, but identifying information shall be removed from 18 the contents of the report except for disclosure of: the 19 identity of a deceased child; if the child was in the 20 custody of a public or private agency, the identity of 21 the agency; the identity of the public or private agency 22 under contract with a county agency to provide services 23 to the child and the child's family in the child's home 24 prior to the child's death or near fatality; and the 25 identity of any county agency that convened a child 26 fatality or near fatality review team in respect to the 27 child. The report shall not be released to the public if 28 the district attorney certifies that release of the 29 report may compromise a pending criminal investigation or 30 proceeding. Certification by the district attorney shall 20070H0823B2185 - 10 -
1 stay the release of the report for a period of 60 days, 2 at which time the report shall be released unless a new 3 certification is made by the district attorney. The 4 report shall include: 5 (A) Deficiencies and strengths in: 6 (I) compliance with statutes and 7 regulations; and 8 (II) services to children and families. 9 (B) Recommendations for changes at the State and 10 local levels on: 11 (I) reducing the likelihood of future child 12 fatalities and near fatalities directly related 13 to child abuse and neglect; 14 (II) monitoring and inspection of county 15 agencies; and 16 (III) collaboration of community agencies 17 and service providers to prevent child abuse and 18 neglect. 19 (e) Response by department.--Within 45 days of receipt of a 20 report of a child fatality or near fatality under subsection 21 (d), the department shall review the findings and 22 recommendations of the report and provide a written response to 23 the county agency and the child fatality review team or near 24 fatality review team. The department's response to the report of 25 the child fatality or near fatality review team shall be made 26 available, upon request, to other individuals to whom 27 confidential reports may be released, as specified by section 28 6340. The department's response shall be made available to the 29 public, but identifying information shall be removed from the 30 contents of the response, except for disclosure of: the 20070H0823B2185 - 11 -
1 identity, of a deceased child; if the child was in the custody 2 of a public or private agency, the identity of the agency; the 3 identity of the public or private agency under contract with a 4 county agency to provide services to the child and the child's 5 family in the child's home prior to the child's death or near 6 fatality; and the identity of any county agency that convened a 7 child fatality or near fatality review team in respect to the 8 child. The response shall not be released to the public if the 9 district attorney certifies that release of the response may 10 compromise a pending criminal investigation or proceeding. 11 Certification by the district attorney shall stay the release of 12 the report for a period of 60 days, at which time the report 13 shall be released unless a new certification is made by the 14 district attorney. 15 (F) CONSTRUCTION.--THE PROVISIONS OF THIS SECTION SHALL BE <-- 16 CONSTRUED TO ASSIST IN THE IMPROVEMENT OF SERVICES DESIGNED TO 17 IDENTIFY AND PREVENT CHILD ABUSE. THE PROVISIONS SHALL NOT BE 18 CONSTRUED TO IMPEDE OR INTERFERE WITH CRIMINAL PROSECUTIONS OF 19 PERSONS WHO HAVE COMMITTED CHILD ABUSE. 20 § 6367. Reports to department and coroner. 21 * * * 22 (c) Child deaths and near fatalities.--A county agency shall 23 immediately provide information to the department regarding its 24 involvement with the child and with the child's parent, guardian 25 or custodian when a child dies or nearly dies and child abuse is 26 suspected. The county agency shall inform the department of any 27 history of child protective or general protective services 28 provided to the child prior to the child's death or near 29 fatality and of services provided to other children of the 30 child's parent, guardian or custodian by the county agency or by 20070H0823B2185 - 12 -
1 court order. The county agency shall inform the department if 2 the child was in the agency's custody at the time of the child's 3 death or near fatality. The county agency shall provide this 4 information in writing on forms provided by the department 5 within 48 hours of the oral report. 6 Section 6. This act shall take effect in 180 days. L6L23VDL/20070H0823B2185 - 13 -