PRINTER'S NO. 649
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.642
Session of
2025
INTRODUCED BY KEARNEY, J. WARD, FONTANA, COSTA AND SCHWANK,
APRIL 14, 2025
REFERRED TO AGING AND YOUTH, APRIL 14, 2025
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in child protective services, further
providing for establishment of Statewide database, for access
to information in Statewide database, for information in
Statewide database, for disposition of founded and indicated
reports, for amendment or expunction of information, for
employees having contact with children and adoptive and
foster parents, for information relating to certified or
licensed child-care home residents, for continued employment
or participation in program, activity or service and for
investigation of reports.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6331(3) of Title 23 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 6331. Establishment of Statewide database.
There shall be established in the department a Statewide
database of protective services, which shall include the
following, as provided by section 6336 (relating to information
in Statewide database):
* * *
(3) Indicated and founded reports of child abuse[ .],
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22 including the designated child protection tier level of the
reports under section 6335(h) (relating to access to
information in Statewide database).
* * *
Section 2. Section 6335(e) of Title 23 is amended and the
section is amended by adding subsections to read:
§ 6335. Access to information in Statewide database.
* * *
(e) Certifications.--Information provided in response to
inquiries under section 6344 (relating to employees having
contact with children; adoptive and foster parents), 6344.1
(relating to information relating to certified or licensed
child-care home residents) or 6344.2 (relating to volunteers
having contact with children) shall be subject to the
limitations under subsections (g) and (h) and shall not include
unfounded reports of child abuse or reports related to general
protective services [ and]. Information provided under this
section shall be limited to the following:
(1) Whether the person was named as a perpetrator of
child abuse in a founded or indicated report.
(2) Whether there is an investigation pending in which
the individual is an alleged perpetrator.
(3) The number, date of the incidents upon which the
report is based and the type of abuse or neglect involved in
any reports identified under paragraph (1).
(4) The clearance level of the certification, if
applicable, and the position or purpose for which the
certification was requested, under subsection (g).
* * *
(g) Clearance levels.--
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30 (1) An individual requesting a certification under
subsection (e) must indicate to the department the purpose
for the certification request. If the certification request
is for employment or volunteer purposes, the individual must
indicate to the department the nature of the employment or
volunteer position.
(2) Upon receipt of a certification request, the
department shall verify that the individual requesting the
certification meets the definition of an individual required
to submit a certification under section 6344(b).
(3) If the individual requesting the certification does
not meet the definition of an individual who is required to
submit a certification under section 6344(b), the department
shall provide the individual with a notice stating that the
individual cannot be required to submit a certification as a
condition of employment or volunteering pursuant to section
6344(b).
(4) If the individual meets the definition of an
individual who is required to submit a certification under
section 6344(b), the department shall designate the clearance
level required for the position for which the individual has
applied, as provided in paragraph (5), except as described in
paragraph (5)(iii). Information about founded or indicated
reports provided by the department under subsection (e) shall
be subject to the following limitations based on the
clearance level and child protection tier as provided in
subsection (h).
(5) Clearance levels shall be as follows:
(i) Clearance level 1 shall be required for an
individual who applies to work or volunteer in a position
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30 in which the individual is responsible for a child's
welfare or for the care, supervision, guidance or control
of children at a school, day care, health care facility
that serves children or facility providing a program,
activity or service for children, including a position as
a children's healthcare provider, camp counselor, school
employee, coach or other position providing child-care
services, as defined in section 6303(a) (relating to
definitions), except as provided under subparagraph
(iii). A certification issued by the department under
this subparagraph shall include information about founded
and indicated reports subject to the following
limitations:
(A) An indicated or founded report classified as
child protection tier I, as provided in subsection
(h), shall be reportable under clearance level 1
indefinitely.
(B) An indicated or founded report classified as
child protection tier II, as provided in subsection
(h), shall be reportable under clearance level 1 for
a period of 10 years from the date of the incident.
(C) An indicated or founded report classified as
child protection tier III, as provided in subsection
(h), shall be reportable under clearance level 1 for
a period of three years from the date of the
incident.
(ii) Clearance level 2 shall be required for an
individual who applies to work or volunteer in a position
in which the individual is not responsible for a child's
welfare or for the care, supervision, guidance or control
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30 of children, but does have routine interaction with
children, as defined under subsection 6303(a), due to
working or volunteering at a health care facility that
serves children, school, day care, a facility providing
child-care services as defined under subsection 6303(a)
or a facility providing a program, activity or service
for children, including positions as administrative,
cafeteria, janitorial or other non-direct-care staff who
have regular and repeated contact with children integral
to the individual's employment or volunteer
responsibilities. A certification issued by the
department under this subparagraph shall include
information about founded and indicated reports subject
to the following limitations:
(A) An indicated or founded report classified as
child protection tier I, as provided in subsection
(h), shall be reportable under clearance level 2 for
a period of 15 years from the date of the incident.
(B) An indicated or founded report classified as
child protection tier II, as provided in subsection
(h), shall be reportable under clearance level 2 for
a period of five years from the date of the incident.
(C) An indicated or founded report classified as
Child protection tier III, as provided in subsection
(h), shall not be reportable under clearance level 2.
(iii) If the certification request is for an
individual who meets the description under section
6344(a)(2) or (3), or who otherwise meets the definition
of a potential kinship care resource as defined under 42
Pa.C.S. § 6302 (relating to definitions) or a resource
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30 family as defined in section 6303(a), the department may
not designate a clearance level for the request. A
certification issued by the department under this
subparagraph shall not be subject to the limitations
under subparagraphs (i) and (ii).
(6) Upon receipt of the certification provided under
subsection (e), the individual requesting certification may,
within 21 days, challenge the designated clearance level,
including whether a certification may be required for the
position to which the individual has applied under section
6344(b). In challenging the designated clearance level, the
individual must provide the department with a brief
explanation of why the individual disagrees with the
designated clearance level.
(h) Child protection tiers.--An indicated or founded report
of abuse or neglect shall be categorized under a child
protection tier level at the time the report is substantiated
or, with regard to reports currently existing in the Statewide
database prior to the effective date of this section, at the
time a certification is requested under subsection (e), as
follows:
(1) Child protection tier I shall include the following
reports of child abuse:
(i) Causing bodily injury to a child through any
recent act under section 6303(b.1)(1), if the injury
rises to the level of serious bodily injury as defined
under section 6303(a).
(ii) Causing sexual abuse or exploitation of a child
through an act under section 6303(b.1)(4).
(iii) Causing serious physical neglect of a child
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30 under section 6303(b.1)(7) if the neglect rises to the
level of aggravated physical neglect as defined under 42
Pa.C.S. § 6302.
(iv) Causing the death of a child through an act
under section 6303(b.1)(9).
(v) Engaging a child in a severe form of trafficking
in persons or sex trafficking, as those terms are defined
under section 103 of the Trafficking Victims Protection
Act of 2000 (114 Stat. 1466, 22 U.S.C. § 7102), under
section 6303(b.1)(10).
(2) Child protection tier II shall include the following
reports of child abuse:
(i) Causing bodily injury to a child through a
failure to act under section 6303(b.1)(1) if the injury
rises to the level of serious bodily injury as defined
under section 6303(a).
(ii) Fabricating, feigning or intentionally
exaggerating or inducing a medical symptom or disease
resulting in a potentially harmful medical evaluation or
treatment to the child through a recent act under section
6303(b.1)(2).
(iii) Causing sexual abuse or exploitation of a
child through a failure to act under section 6303(b.1)
(4).
(iv) Creating a likelihood of sexual abuse or
exploitation of a child through a recent act or failure
to act under section 6303(b.1)(6).
(v) Engaging in any recent act described in section
6303(b.1)(8).
(vi) Reports of child abuse designated as child
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30 protection tier III under paragraph (3) where the
individual has two or more such reports within the five-
year period immediately preceding the certification
request.
(3) Child protection tier III shall include the
following reports of child abuse:
(i) Causing bodily injury to a child through an act
or failure to act under section 6303(b.1)(1) if the
injury does not rise to the level of serious bodily
injury as defined under section 6303(a).
(ii) Creating a reasonable likelihood of bodily
injury to a child through a recent act or failure to act
under section 6303(b.1)(5).
(iii) Causing serious physical neglect of a child
under section 6303(b.1)(7) if the neglect does not rise
to the level of aggravated physical neglect as defined
under 42 Pa.C.S. § 6302.
(iv) Causing or substantially contributing to
serious mental injury to a child through an act or
failure to act or a series of such acts or failures to
act under section 6303(b.1)(3).
Section 3. Sections 6336(a)(10), 6338(a), 6341(c.2)(5),
6344(b)(2), (c)(1) and (4)(iii) and (d)(1) and (2) introductory
paragraph, 6344.1(b), 6344.3(e) and 6368(e) introductory
paragraph, (f)(1) and (4) and (n)(3) of Title 23 are amended to
read:
§ 6336. Information in Statewide database.
(a) Information authorized.--The Statewide database shall
include and shall be limited to the following information:
* * *
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30 (10) If the report alleges child abuse, whether the
report was determined to be founded, indicated or
unfounded[.] and the child protection tier level for the
report under section 6335(h) (relating to access to
information in Statewide database).
* * *
§ 6338. Disposition of founded and indicated reports.
(a) General rule.--When a report of suspected child abuse is
determined by the appropriate county agency to be a founded
report or an indicated report, the status of the report shall be
changed from pending to founded or indicated and designated at
the appropriate child protection tier level under section
6335(h) (relating to access to information in Statewide
database) in the Statewide database. Notice of the determination
that a report is a founded, indicated or unfounded report shall
be made as provided in section 6368(f) (relating to
investigation of reports).
* * *
§ 6341. Amendment or expunction of information.
* * *
(c.2) Hearing.--A person making an appeal under subsection
(a)(2) or (c) shall have the right to a timely hearing to
determine the merits of the appeal. A hearing shall be scheduled
according to the following procedures:
* * *
(5) The department or county agency shall bear the
burden of proving by substantial evidence that the report
should remain categorized as an indicated report at the
designated child protection tier level under section 6335(h)
(relating to access to information in Statewide database) .
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30 * * *
§ 6344. Employees having contact with children; adoptive and
foster parents.
* * *
(b) Information to be submitted.--An individual identified
in subsection (a)(7) or (8) at the time the individual meets the
description set forth in subsection (a)(7) or (8) and an
individual identified in subsection (a)(1), (2), (3), (4), (5)
(i) or (6), (a.1), (a.2) or (a.3) prior to the commencement of
employment or service or in accordance with section 6344.4 shall
be required to submit the following information to an employer,
administrator, supervisor or other person responsible for
employment decisions or involved in the selection of volunteers:
* * *
(2) A certification from the department as to whether
the applicant is named in the Statewide database as the
alleged perpetrator in a pending child abuse investigation or
as the perpetrator of a founded report or an indicated
report[.] at the clearance level required for the position to
which the applicant has applied pursuant to the procedures
provided under section 6335(e), (f), (g) and (h) (relating to
access to information in Statewide database). An applicant
may not be asked to submit a certification under this
subsection if the individual does not meet the definition of
an individual identified in subsection (a)(1), (2), (3), (4),
(5)(i), (6), (7) or (8), (a.1), (a.2) or (a.3). An applicant
may not be required to obtain, as a condition of employment
or volunteering under this subsection, a certification for a
clearance level that exceeds the required clearance level for
the position as provided under section 6335(g).
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30 * * *
(c) Grounds for denying employment or participation in
program, activity or service .--
(1) In no case shall an employer, administrator,
supervisor or other person responsible for employment
decisions or involved in the selection of volunteers hire or
approve an applicant where the department has verified that
the applicant is named in the Statewide database as the
perpetrator of a founded report committed within the five-
year period immediately preceding verification pursuant to
this section. However, an indicated report shall not
constitute a bar to employment or participation in a program,
activity or service, except as provided under paragraph (4)
(iii).
* * *
(4) In addition to paragraphs (1), (2) and (3), in no
case shall an employer, administrator, supervisor or other
person responsible for employment decisions or involved in
the selection of volunteers at a child day-care center, group
day-care home or family child-care home hire or approve an
applicant under any of the following circumstances:
* * *
(iii) The applicant's name appears on a Statewide
database or its equivalent as a perpetrator of child
abuse at the clearance level required for the position
for which the applicant has applied under the procedures
in section 6335(e), (f), (g) and (h) .
* * *
(d) Prospective adoptive or foster parents.--With regard to
prospective adoptive or prospective foster parents, the
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30 following shall apply:
(1) In the course of causing an investigation to be made
pursuant to section 2535(a) (relating to investigation), an
agency or person designated by the court to conduct the
investigation shall require prospective adoptive parents and
any individual over the age of 18 years residing in the home
to submit the information set forth in subsection (b) for
review in accordance with this section. If a prospective
adoptive parent, or any individual over 18 years of age
residing in the home, has resided outside this Commonwealth
at any time within the previous five-year period, the agency
or person designated by the court shall require that person
to submit a certification obtained within the previous one-
year period from the Statewide central registry, or its
equivalent in each state in which the person has resided
within the previous five-year period, as to whether the
person is named as a perpetrator of child abuse. If the
certification shows that the person is named as a perpetrator
of child abuse within the previous five-year period, the
agency or person designated by the court shall forward the
certification to the department for review. The agency or
person designated by the court shall not approve the
prospective adoptive parent if the department determines that
the person is named as the equivalent of a perpetrator of a
founded report of child abuse within the previous five-year
period. However, an indicated report shall not constitute a
bar to approval as an adoptive parent under this section.
(2) In the course of approving a prospective foster
parent, a foster family care agency shall require prospective
foster parents and any individual over the age of 18 years
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30 residing in the home to submit the information set forth in
subsection (b) for review by the foster family care agency in
accordance with this section. If a prospective foster parent,
or any individual over 18 years of age residing in the home,
has resided outside this Commonwealth at any time within the
previous five-year period, the foster family care agency
shall require that person to submit a certification obtained
within the previous one-year period from the Statewide
central registry, or its equivalent in each state in which
the person has resided within the previous five-year period,
as to whether the person is named as a perpetrator of child
abuse. If the certification shows that the person is named as
a perpetrator of child abuse within the previous five-year
period, the foster family care agency shall forward the
certification to the department for review. The foster family
care agency shall not approve the prospective foster parent
if the department determines that the person is named as the
equivalent of a perpetrator of a founded report of child
abuse within the previous five-year period. However, an
indicated report shall not constitute a bar to approval as a
foster parent under this section. In addition, the foster
family care agency shall consider the following when
assessing the ability of applicants for approval as foster
parents:
* * *
§ 6344.1. Information relating to certified or licensed child-
care home residents.
* * *
(b) Required information.--Child abuse record information
required under subsection (a) shall include certification by the
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30 department as to whether the applicant is named in the Statewide
database as the perpetrator of a founded report or an indicated
report[.] at clearance level 1 under the procedures in section
6335(e), (f), (g) and (h) (relating to access to information in
Statewide database). An applicant shall not be required to
obtain a certification under this subsection for a clearance
level that exceeds the required clearance level for the position
as provided in section 6335(g).
* * *
§ 6344.3. Continued employment or participation in program,
activity or service.
* * *
(e) Noninterference with decisions.--Nothing in this chapter
shall be construed to otherwise interfere with the ability of an
employer or person responsible for a program, activity or
service to make employment, discipline or termination decisions
or from establishing additional standards as part of the hiring
or selection process for employees or volunteers[ .], provided
that employees or volunteers shall not be required to provide a
certification for a clearance level that exceeds the
requirements of the position for which they have applied, as
provided in section 6335(g) (relating to access to information
in Statewide database).
* * *
§ 6368. Investigation of reports.
* * *
(e) Review of indicated reports.--A final determination that
a report of suspected child abuse is indicated , and the child
protection tier level determination under section 6335(h)
(relating to access to information in Statewide database), shall
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30 be approved by:
* * *
(f) Final determination.--Immediately upon conclusion of the
child abuse investigation, the county agency shall provide the
results of its investigation to the department in a manner
prescribed by the department. Within three business days of
receipt of the results of the investigation from the county
agency, the department shall send notice of the final
determination to the subjects of the report, other than the
abused child. The determination shall include the following
information:
(1) The status of the report , including the child
protection tier level of the report under section 6335(h) .
* * *
(4) The effect of the report upon future employment
opportunities involving children , including an explanation of
the effects of the clearance level and child protection tiers
as provided in section 6335(g) and (h) .
* * *
(n) Completion of investigation.--Investigations shall be
completed in accordance with the following:
* * *
(3) Where a petition has been filed under 42 Pa.C.S. Ch.
63 (relating to juvenile matters) alleging that a child is a
dependent child, the county agency shall make all reasonable
efforts to complete the investigation to enable the hearing
on the petition to be held as required by 42 Pa.C.S. § 6335
[(relating to release or holding of hearing) ].
Section 4. This act shall take effect in 60 days.
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