Pennsylvania SB 642: 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.

Bill Text

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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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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(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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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-ca