[29 Pa.B. 3513]
[Continued from previous Web Page]
GENERAL REQUIREMENTS FOR CHILD PROTECTIVE SERVICES § 3490.101. Sanctions.
A staff member of the Department or county agency who willfully violates the CPSL and this chapter is subject to disciplinary action, including dismissal.
§ 3490.102. Criminal liability for breach of confidentiality.
A person who willfully releases or permits the release of data or information contained in the pending complaint file, the Statewide Central Register or the county agency records, to persons or agencies not permitted by this chapter to receive this information shall be guilty of a misdemeanor of the third degree. In addition, the person shall be denied access in the future to information that the person would otherwise be entitled to receive under the CPSL and this chapter.
§ 3490.103. Nonabuse reports received by the county agency or other public agency from ChildLine.
Public agencies, including county agencies, shall evaluate those referrals from ChildLine made under section 6334 of the CPSL (relating to disposition of complaints received) which have not been identified as reports of suspected child abuse. If, after the evaluation, the agency has reason to suspect that child abuse occurred, the agency shall make a report of suspected abuse to ChildLine.
§ 3490.104. Release of information to a subject of a report.
(a) Upon written request to a county agency or ChildLine, a subject of a report may receive at any time a copy of the reports filed with the county agency and ChildLine. The identity of the person who made the report or a person who cooperated in a subsequent investigation may be released only under § 3490.94 (relating to release of the identity of a person who made a report of child abuse or cooperated in a subsequent investigation).
(b) Upon written request, a defendant in a criminal proceeding is entitled to the child abuse information in the possession of a county agency in accordance with applicable law. The information is limited to the county agency record from the date the report was made to the date the county agency determined the status of the report. The county agency shall send the requested information to the defendant and the district attorney. The information that is released to the defendant and the district attorney may not contain the identity of the persons who made the report or cooperated in the investigation.
§ 3490.105. Request by the subject of a founded or indicated report for expunction or amendment of an abuse report, when the report was received by ChildLine prior to July 1, 1995.
(a) A subject of an indicated or founded report may request in writing that the Secretary amend or expunge the report on the grounds that it is inaccurate or being maintained in a manner inconsistent with the CPSL and this chapter.
(b) The Secretary will decide whether to grant or deny a request made under subsection (a) within 30 days from the date the request is received. The Secretary will notify subjects of the report and the appropriate county agency of the decision by first-class mail.
§ 3490.105a. Request by a perpetrator to amend or expunge an indicated report of child abuse received by ChildLine after June 30, 1995.
(a) A perpetrator of an indicated report of child abuse may request the Secretary to amend or expunge the report on the grounds that it is inaccurate or is being maintained in a manner inconsistent with the CPSL and this chapter. The request shall be in writing and postmarked within 45-calendar days of the mailing date of the letter from ChildLine under §§ 3490.40 and 3490.40a (relating to notifications regarding indicated reports; and notifications regarding founded reports).
(b) The Secretary will decide within 30-calendar days whether or not to grant the request. The Secretary will notify the perpetrator, the county agency and other subjects in writing as follows:
(1) Except the subject child, all other subjects of the report when the decision is to grant the request.
(2) Only the perpetrator when the decision is to deny the request.
(c) The notification from the Secretary will be sent by first-class mail.
§ 3490.106. Hearings and appeals proceedings for reports received by ChildLine prior to July 1, 1995.
(a) A subject of the report and the appropriate county agency have the right to appeal the Secretary's decision to grant or deny a subject's request to amend or expunge an indicated or founded report by filing an appeal with the Secretary.
(b) Appeals shall be in writing to the Secretary and be postmarked within 45-calendar days from the date of the Secretary's notification letter to either grant or deny the request.
(c) If a subject or county agency files an appeal under § 3490.105 (relating to request by the subject of a founded or indicated report for expunction or amendment of an abuse report when the report was received by ChildLine prior to July 1, 1995), the subject or county agency has the right to a hearing before the Department's Bureau of Hearings and Appeals.
(d) Except as provided in subsection (e), hearings will be conducted under 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedures).
(e) Hearings will be scheduled and final administrative action taken in accordance with the time limits specified in § 275.4(b) and (e)(1), (3) and (5) (relating to procedures).
(f) The burden of proof in hearings held under this section is on the appropriate county agency.
(g) A court finding of fact of child abuse is presumptive evidence that the report was substantiated.
(h) Parties to a hearing held under this section have 30-calendar days from the date of the final order of the Bureau of Hearings and Appeals to request the Secretary to reconsider the decision or appeal the final order to the Commonwealth Court.
§ 3490.106a. Hearings and appeals proceedings for indicated reports received by ChildLine after June 30, 1995.
(a) A perpetrator may appeal the Secretary's decision to deny the request to expunge an indicated report by filing an appeal with the Secretary.
(b) The other subjects of the report and the county agency may appeal the Secretary's decision to grant the request to expunge the report.
(c) The request shall be made to the Secretary and postmarked within 45-calendar days of the date of the notification letter from the Secretary to either grant or deny the request to expunge the report.
(d) If an appeal is taken, there is a hearing before the Department's Bureau of Hearings and Appeals.
(e) Except as provided in subsection (f), hearings will be conducted under 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure).
(f) Hearings will be scheduled and final administrative action taken in accordance with the time limits specified in § 275.4(b) and (e)(1), (3) and (5) (relating to procedures).
(g) The burden of proof in hearings held under this section is on the appropriate county agency.
(h) Parties to a hearing held under this section have 15-calendar days from the mailing date of the final order of the Bureau of Hearings and Appeals to request the Secretary to reconsider the decision or 30-calendar days to appeal the final order to the Commonwealth Court.
(i) An administrative appeal proceeding will be automatically stayed upon notice to the Department by any subject or the county agency that there is a pending criminal proceeding or a dependency or delinquency proceeding under the Juvenile Act including an appeal thereof, involving the same factual circumstances.
§ 3490.107. Notification of Secretary's decision to amend or expunge a report of child abuse.
The Secretary, after ordering a record to be amended or expunged, shall advise ChildLine of the decision.
§ 3490.108. Cooperation of county agencies and law enforcement agencies.
Consistent with this chapter, the county agencies and law enforcement agencies shall cooperate and coordinate, to the fullest extent possible, their efforts to respond to reports of suspected child abuse.
§ 3490.109. Report from law enforcement agencies.
The law enforcement agency shall, as soon as possible and without jeopardizing the criminal investigation or prosecution, advise the county agency as to whether a criminal investigation has been undertaken and the results of the investigation and of any criminal prosecution in cases of suspected child abuse. The county agency shall ensure that the information is referred to ChildLine in a timely manner.
VERIFICATION OF THE EXISTENCE OF CHILD ABUSE AND STUDENT ABUSE RECORDS FOR CHILD CARE SERVICES § 3490.121. Definitions.
The following words and terms, when used in this section and §§ 3490.122--3490.127 (relating to verification of the existence of child abuse and student abuse records for child care services) have the following meanings, unless the context clearly indicates otherwise:
Administrator--A person hired by or under contract with a legal entity to be responsible for the management and operation of a child care service.
Applicant--A person who will have direct contact with children in a child care service, who does one of the following:
(i) Applies for gainful employment in a child care service, including an administrator, or other support personnel.
(ii) Applies for employment with a contractor who is under contract with a child care facility or program.
(iii) Is employed by a contractor seeking a contract with a child care facility or program.
Child care service--
(i) Child day care centers, group and family day care homes, foster homes, adoptive parents, boarding homes for children, juvenile detention center services or programs for delinquent or dependent children; mental health, mental retardation, early intervention and drug and alcohol services for children; and other child care services which are provided by or subject to approval, licensure, registration or certification by the Department or a county social services agency or which are provided under a contract with the Department or a county social services agency.
(ii) The term does not include services or programs which may be offered by public and private schools, intermediate units or area vocational-technical schools.
Child caretaker--
(i) A person whether compensated or not who provides care for a child and who voluntarily solicits certification from the Department under section 6344 of the CPSL (relating to information relating to prospective child-care personnel).
(ii) The term includes a babysitter, scout leader or den parent.
Direct contact with children--Access to children by a paid employe of or person under contract with a child care service who has routine and unsupervised access to children in the course of carrying out the employe's responsibilities in a child care service.
Legal entity--Includes a society partnership, corporation or another governing authority legally responsible for the administration and operation of a child care service.
Operator--A person who provides a child care service but is not hired by or under contract with a legal entity.
Permanent employe--A child care worker who meets one of the following conditions:
(i) Has met the requirement of § 3490.122 (relating to responsibilities of an applicant, prospective operator or legal entity of a child care service).
(ii) Was employed prior to January 1, 1986, and was not required to submit the requests for clearances.
Request for verification--A request to the Statewide Central Register from an applicant, operator of a child care service, foster parent or adoptive parent or a child caretaker seeking voluntary certification to determine whether the applicant is named as a perpetrator in an indicated or founded report of child abuse.
§ 3490.122. Responsibilities of an applicant, prospective operator or legal entity of a child care service.
(a) An applicant or prospective operator of a child care service shall submit a request for verification on forms provided by the Department. The request for verification shall include a check or money order for the fee charged by the Department, payable to the Department of Public Welfare, which will not exceed $10. Prospective workfare program participants are exempt from payment of the fee. To obtain a form for the clearance statement, an applicant may call the ChildLine verification unit at (717) 783-6211 and request a Pennsylvania Child Abuse History Clearance Form.
(b) A person who applies to the Department or the Department of Health to operate a child care service shall comply with procedures established by these Departments for documentation of compliance with the requirements for reports of child abuse and criminal record history information.
(c) An administrator, or other person responsible for hiring decisions, may not hire or contract with an applicant, nor may a prospective operator be issued a certificate of compliance or registration if the Department has verified that the applicant or prospective operator is named in the Statewide Central Register as the perpetrator of a founded report of child abuse committed within 5 years or less prior to the request for verification.
(d) An administrator, or other person responsible for hiring decisions, may not hire or contract with an applicant, nor may a prospective operator be issued a certificate of compliance or registration if the applicant's criminal history record information dictates that the applicant or prospective operator has been convicted of a crime as specified in section 6344 of the CPSL (relating to information relating to prospective child-care personnel) or an equivalent out-of-State crime as determined by the Department.
(e) An administrator, or other person responsible for hiring decisions, may not hire or contract with an applicant, nor may a prospective operator be issued a certificate of compliance or registration if the applicant's report of criminal history record verification or the report of child abuse record information was obtained more than 1 year prior to the date of application.
(f) An applicant or prospective operator of a child care service located in this Commonwealth who is not a resident of this Commonwealth is required to obtain a report of criminal history record from the Federal Bureau of Investigation according to procedures established by the Department and on forms provided by ChildLine.
§ 3490.123. Responsibilities of prospective adoptive parents, prospective foster parents, foster family care agencies and adoption investigators.
(a) A prospective adoptive parent or a prospective foster parent shall submit a request for verification on forms provided by the Department. The request for verification shall include a check or money order for the fee charged by the Department, payable to the Department of Public Welfare, which will not exceed $10.
(b) In the course of causing an investigation to be made under 23 Pa.C.S. § 2535(a) (relating to investigation), an agency or person designated by the court to conduct the investigation shall require prospective adoptive parents to submit the information in section 6344 of the CPSL (relating to information relating to prospective child-care personnel) for review under subsection (d).
(c) In the course of approving a prospective foster parent, a foster family care agency shall require a prospective foster parent to submit the information in section 6344 of the CPSL for review by the foster family care agency under subsection (d).
(d) A prospective adoptive parent or prospective foster parent may not be approved by a foster family care agency, an adoption agency, or a person designated by the court under 23 Pa.C.S. § 2535(a) when any of the following circumstances exist:
(1) The parent has been named as a perpetrator of a founded report of child abuse committed within 5 years or less prior to the request for verification.
(2) The parent has been convicted of a crime under section 6344 of the CPSL or an equivalent out-of-State crime as determined by the Department.
(3) The report of criminal history record information or the report of child abuse record information was obtained more than 1 year prior to the date of application to the agency for approval or 1 year prior to the date of commencement of the investigation under 23 Pa.C.S. § 2535(a).
(e) A prospective adoptive parent or prospective foster parent who is not a resident of this Commonwealth is required to obtain a report of criminal history from the Federal Bureau of Investigation according to procedures established by the Department and on forms provided by ChildLine.
§ 3490.124. Departmental procedures for replying to a request for verification.
(a) Requests for verification received on forms provided by the Department with a check or money order payable to the Department of Public Welfare in the amount charged by the Department will be processed. Prospective workfare participants are exempt from payment of the fee. Others will be returned with instruction for resubmitting the request.
(b) The Department will advise the person seeking verification in writing whether or not he is named as a perpetrator of an indicated or founded report of child abuse or a school employe responsible for student abuse named in the Statewide Central Register. If the person is named as a perpetrator of an indicated or founded report of child abuse or a school employe responsible for student abuse, the response will include the following information:
(1) The number of indicated or founded reports of child abuse and student abuse in which the person is named.
(2) The date of the incidents of indicated or founded reports of child abuse and student abuse in which the person is named.
§ 3490.125. Voluntary certification of child caretakers.
(a) A child caretaker may request certification from the Department that the requirements of section 6344 of the CPSL (relating to information relating to prospective child-care personnel) have been met.
(b) A child caretaker requesting voluntary certification who is a resident of this Commonwealth shall obtain a report of criminal history from the Pennsylvania State Police and submit it to the Department with the request for verification on forms provided by the Department.
(c) A child caretaker requesting voluntary certification who is not a resident of this Commonwealth shall secure a report of criminal history from the Federal Bureau of Investigation under procedures established by the Department on properly prepared forms provided by ChildLine.
(d) The Department will reply to requests for voluntary certification by providing the following:
(1) A copy of the report of criminal history record information from the Pennsylvania State Police.
(2) A report of child abuse and student abuse history record information under § 3490.124 (relating to Departmental procedures for replying to a request for verification).
(e) A request for voluntary certification from the Department may be made no more frequently than every 2 years.
(f) The Department will process requests for voluntary certification it receives on the forms developed by the Department. The request shall include a check or money order payable to the Department of Public Welfare in the amount charged by the Department. Others will be returned with instructions for resubmitting the request.
§ 3490.126. Sanctions.
(a) An administrator, or other person responsible for employment decisions in a child care facility or program who willfully fails to comply with section 6344 of the CPSL (relating to information relating to prospective child-care personnel) is subject to civil penalty not to exceed $2,500.
(b) Information received by a legal entity, an administrator, the Department or the Department of Health under § 3490.124 (relating to Departmental procedures for replying to a request for verification) is confidential and the legal entity, administrator, the Department and the Department of Health are subject to § 3490.102 (relating to criminal liability for breach of confidentiality).
§ 3490.127. Information relating to prospective child care personnel.
(a) The administrator of a child care service may employ applicants on a provisional basis for a single period of employment pending the receipt of the required clearances in accordance with section 6344 of the CPSL (relating to information relating to prospective child-care personnel).
(b) The maximum period of employment allowed for a provisional employe is as follows:
(1) Thirty calendar days for an applicant residing in this Commonwealth.
(2) Ninety calendar days for an out-of-State applicant.
(c) The administrator may employ an applicant on a provisional basis if the administrator has no knowledge or information that would disqualify the applicant from employment in accordance with section 6344 of the CPSL (relating to information relating to prospective child-care personnel) and if the applicant has complied with each of the following:
(1) Mailed the requests for the required clearances to ChildLine, the State Police and the FBI, if applicable.
(2) Provided copies of these completed request forms for clearances to the administrator to retain as a condition of provisional employment.
(3) Sworn or affirmed in writing that the applicant was not disqualified from employment under section 6344 of the CPSL or an equivalent out-of-State crime.
(d) During the 30- or 90-day provisional period, the provisional employe may not be permitted to work alone with children and shall work within the vicinity of a permanent employe.
(e) If the provisional employe does not submit the required clearances within 30- or 90-calendar days of employment, whichever is applicable, the administrator shall do one of the following:
(1) Dismiss the provisional employe until the required clearances are received.
(2) Lay off or place the provisional employe on leave with or without pay until the clearances are received.
(3) Retain and reassign the provisional employe to a position that does not involve direct contact with children.
(f) A provisional employe shall be immediately dismissed from employment if he is disqualified from employment under section 6344 of the CPSL.
VERIFICATION OF THE EXISTENCE OF CHILD ABUSE AND STUDENT ABUSE RECORDS FOR SCHOOL EMPLOYES § 3490.131. Definitions.
The following words and terms, when used in this section and §§ 3490.132--3490.137, have the following meanings, unless the context clearly indicates otherwise:
Administrator--
(i) The person responsible for the administration of a public or private school, intermediate unit or area vocational-technical school.
(ii) The term includes a person responsible for employment decisions in a school and an independent contractor.
Applicant--
(i) An individual who applies for a position as a school employe including a person applying to be a volunteer in charter or regional charter schools.
(ii) The term includes an individual who transfers from one position as a school employe to another position as a school employe.
Clearance statement--An official clearance statement from the Department on whether an applicant's name is on file in the Statewide Central Register as a perpetrator in an indicated or founded report of child abuse or an indicated or founded report of student abuse, or both.
Direct contact with students--Access to children by a school employe who has routine and unsupervised access to children in the course of carrying out the employe's responsibilities in a school.
Independent contractor and the contractor's employes--A person employed in a position on a contractual basis with a school who has direct contact with students.
Position--The job classification of a school employe as defined and determined by existing law, State regulation or the school board or governing authority including administrative and supervisory staff, teachers, paraprofessionals, support staff or others.
School--All schools including public and nonpublic schools as defined in the Public School Code of 1949 (24 P. S. §§ 1-101--27-2702) and private academic schools as defined in 22 Pa. Code Part II (relating to State Board of Private Academic Schools), as follows:
(i) Public--School districts, intermediate units, area vocational-technical schools, charter and regional charter schools.
(ii) Registered--Nonpublic (religiously affiliated schools).
(iii) Licensed--Private academic schools that are licensed by the Department of Education (includes residential facilities that hire their own staff to teach residents of the facility).
(iv) Accredited--Accredited by an accreditation association or organization.
(v) State-owned--Scotland School and Scranton School for the Deaf.
School employe--
(i) An individual employed in a position by a school.
(ii) The term includes independent contractors and their employes.
(iii) The term excludes individuals who have no direct contact with students.
Substitute list--A list, approved by the hiring authority of a school, containing the names of persons eligible to serve the school as substitute teachers or temporary replacements for other employes.
Transfer--A change from one position to another.
§ 3490.132. Responsibilities of an administrator.
(a) An administrator shall require each applicant to submit a clearance statement obtained from the Department within the immediately preceding year as to whether the applicant is named as the perpetrator of an indicated or founded report of child abuse or the individual responsible for an indicated or founded report of student abuse.
(b) The clearance statement under subsection (a) is not required for an applicant who meets the following conditions:
(1) Transfers from one position as a school employe to another position as a school employe of the same school district or of the same organization.
(2) Has, prior to the transfer, already obtained the official clearance statement under subsection (a).
(c) Except as provided in § 3490.134 (relating to information relating to prospective school employes), an administrator may not hire an applicant if the applicant is the perpetrator of a founded report of child abuse or the individual responsible for a founded report of student abuse.
(d) An administrator may not hire an applicant if the clearance statement is more than 1 year old as determined by the date on the clearance statement.
(e) School administrators shall, in their contracts with independent contractors and their employes who have direct contact with students, require contractors to include provisions for a clearance statement as required by this chapter.
(f) A clearance statement is required only prior to the initial hiring of a substitute and remains in effect as long as the substitute continues to be employed by the same school. When a substitute seeks to have his name added to another school's substitute list, the substitute shall provide a current clearance statement to the additional school. The fact that a substitute appears on one school's substitute list is not sufficient evidence to allow another school to add the substitute's name to its substitute list.
(g) The administrator shall make a copy of the clearance statement and place it in the employe's personnel record.
§ 3490.133. Responsibilities of an applicant.
(a) An applicant shall submit a request for a clearance statement to the Department on the form provided by the Department. The request shall include a check or money order payable to the Department of Public Welfare in the amount specified on the application. The fee may not exceed $10.
(b) To obtain a form for the clearance statement, an applicant may call the ChildLine verification unit at (717) 783-6211 and request a Pennsylvania Child Abuse History Clearance Form.
(c) An applicant shall show the original clearance statement to the administrator and permit a copy to be made.
§ 3490.134. Information relating to prospective school employes.
(a) Section 3490.132 (relating to responsibilities of an administrator) does not apply to a person working in a school who meets the following conditions:
(1) Is under 21 years of age.
(2) Is participating in a job development or job training program.
(3) Is employed for not more than 90-calendar days.
(b) An administrator may employ an applicant on a provisional basis if the following apply:
(1) The applicant attests in writing by oath or affirmation that he has submitted a request for a clearance statement and is not disqualified under § 3490.132.
(2) The administrator has no knowledge of information which would disqualify the applicant under § 3490.132.
(c) The provisional period may not exceed:
(1) Thirty-calendar days for residents of this Commonwealth.
(2) Ninety-calendar days for residents of another state.
(d) An administrator may not hire an applicant on a provisional basis during a strike under the Public Employee Relations Act (43 P. S. §§ 1101.201--1101.2201).
(e) If the applicant does not submit the clearance statement within 30- or 90-calendar days, whichever is applicable, the administrator shall do one of the following:
(1) Dismiss the provisional employe until the required clearance statement is received.
(2) Lay off or place the provisional employe on leave with or without pay until the clearance statement is received.
(3) Retain and reassign the provisional employe to a position that does not involve direct contact with children.
(f) An administrator shall immediately dismiss a provisional employe if the employe is the perpetrator of a founded report of child abuse or the individual responsible for causing serious bodily injury to or sexually abusing or exploiting a student in a founded report of student abuse.
§ 3490.135. Responsibilities of the Department.
(a) Requests for clearance statements received on forms provided by the Department with a check or money order payable to the Department of Public Welfare in the amount charged by the Department will be processed. The Department will return the forms that are not completed properly with instructions for resubmitting the request.
(b) The Department will advise the person seeking a clearance statement in writing whether or not he is named as a perpetrator of an indicated or founded report of child abuse or a school employe responsible for student abuse named in the Statewide Central Register. If the person is named as a perpetrator of an indicated or founded report of child abuse or a school employe responsible for student abuse, the response will include the following information:
(1) The number of indicated or founded reports of child abuse and student abuse in which the person is named.
(2) The date of the incidents of indicated or founded reports of child abuse and student abuse in which the person is named.
(c) The Department will comply with the request for an official clearance statement within 14 days of receipt of the request by the Department.
§ 3490.136. Sanctions.
An administrator who willfully violates section 6355 of the CPSL (relating to requirement) shall be subject to an administrative penalty of $2,500. An action under section 6355 of the CPSL is governed by 2 Pa.C.S. §§ 501--508 and 701--704 (relating to Administrative Agency law).
Subchapter B. ABUSE OF STUDENTS IN SCHOOL INTRODUCTION
Sec.
3490.141. Applicability. 3490.142. Purpose. 3490.143. Definitions. SCHOOL RESPONSIBILITIES
3490.151. Required reporting. 3490.152. Responsibilities of administrators and certain school employes. 3490.153. Information provided to the district attorney and law enforcement officials. 3490.154. Release of information by a school employe including an administrator. LAW ENFORCEMENT RESPONSIBILITIES
3490.161. Responsibilities of law enforcement officials. COUNTY RESPONSIBILITIES
3490.171. Receipt and investigation of reports of suspected student abuse. 3490.172. Coordination of an investigation. 3490.173. Notifications by the county agency. 3490.174. Services for students. 3490.175. Expunction and amendment of reports of student abuse by the county agency. DEPARTMENT RESPONSIBILITIES
3490.181. Agents of the county agency. 3490.182. ChildLine files. GENERAL REQUIREMENTS FOR STUDENT ABUSE
3490.191. Request by a school employe to amend or expunge an indicated report of student abuse. 3490.192. Request for a hearing by a school employe for indicated reports of student abuse. 3490.193. Other provisions.
INTRODUCTION § 3490.141. Applicability.
This subchapter applies to the Department, county agencies, law enforcement officials and schools.
§ 3490.142. Purpose.
The purpose of this subchapter is to implement the provisions of the CPSL relating to student abuse.
§ 3490.143. Definitions.
In addition to the definitions in § 3490.4 (relating to definitions), the following words and terms, when used this section and §§ 3490.141, 3490.142, 3490.151--3490.154, 3490.161, 3490.171--3490.175, 3490.181, 3490.182 and 3490.191--3490.193, have the following meanings, unless the context clearly indicates otherwise:
Administrator--The person responsible for the administration of a public or private school, intermediate unit or area vocational-technical school. The term includes an independent contractor.
Founded report for a school employe--A report of student abuse if there is any judicial adjudication based on a finding that the student suffered serious bodily injury or sexual abuse or exploitation, including the entry of a plea of guilty or nolo contendere or a finding of guilt to a criminal charge involving the same factual circumstances involved in the allegations of student abuse.
Indicated report for a school employe--A report of student abuse if an investigation by the county agency determines that substantial evidence of serious bodily injury or sexual abuse or exploitation exists based on one or more of the following:
(i) Available medical evidence.
(ii) The county agency's investigation.
(iii) An admission of causing serious bodily injury to a student or sexually abusing or exploiting a student by the school employe.
School--All schools including public and nonpublic schools as defined in the Public School Code of 1949 (24 P. S. §§ 1-101--27-2702) and private academic schools as defined in 22 Pa. Code Part II (relating to State Board of Private Academic Schools) as follows:
(i) Public--School districts, intermediate units, area vocational-technical schools, charter and regional charter school.
(ii) Registered--Nonpublic (religiously affiliated schools).
(iii) Licensed--Private academic schools that are licensed by the Department of Education (including residential facilities that hire their own staff to teach residents of the facility).
(iv) Accredited--Accredited by an accreditation association or organization.
(v) State-owned--Scotland School and Scranton School for the Deaf.
School employe--A person employed by or under contract with a school.
Student--An individual enrolled in a school who is under 18 years of age.
Student abuse--One or more of the following:
(i) Serious bodily injury.
(ii) Sexual abuse or exploitation when committed by a school employe against a student.
Subjects of a report--The child, parent, guardian or other person responsible for the welfare of the child and the school employe named in a report of suspected student abuse.
Unfounded report for a school employe--A report of student abuse unless the report is a founded report for a school employe or an indicated report for a school employe.
SCHOOL RESPONSIBILITIES § 3490.151. Required reporting.
(a) A school employe who has reasonable cause to suspect, on the basis of professional or other training and experience, that a student coming before the school employe in the employe's professional or official capacity is a victim of serious bodily injury or sexual abuse or exploitation by another school employe, shall immediately notify the administrator of the alleged abuse or injury.
(b) When a school employe learns of suspected student abuse from another person, the school employe shall notify the administrator of the alleged student abuse if the school employe has reasonable cause to suspect, on the basis of professional or other training and experience, that the student is a victim of serious bodily injury or sexual abuse or exploitation by a school employe.
(c) If an administrator learns of suspected student abuse from another person, the administrator shall make a report of suspected student abuse as required by this subchapter.
§ 3490.152. Responsibilities of administrators and school employes.
(a) An administrator, and in certain cases a school employe, as stated in subsection (b), shall report immediately to law enforcement officials and the appropriate district attorney a report of abuse or injury alleged to have been committed by a school employe against a student. If an administrator is the school employe who suspects injury or abuse, the administrator shall make a report to law enforcement officials and the appropriate district attorney.
(b) If the administrator is the employe suspected of abusing the student, the school employe who suspects the abuse shall immediately report that information to law enforcement officials and the appropriate district attorney.
(c) The verbal report shall be followed up with a written report on a form provided by the Department. Call (717) 783-1964 to obtain a copy of the form--Report of Suspected Student Abuse (CY 47-D).
§ 3490.153. Information provided to the district attorney and law enforcement officials.
The school official shall provide the following information to the district attorney and law enforcement officials on a form provided by the Department:
(1) The name, age and home address of the student.
(2) The name and address of the school.
(3) The name and address of the student's parents or guardians.
(4) The name and address of the administrator or school employe who made the report.
(5) The name, work and home address of the school employe suspected of abusing the student.
(6) The nature of the alleged offense.
(7) Specific comments or observations that are directly related to the alleged incident and the individuals involved.
§ 3490.154. Release of information by a school employe including an administrator.
(a) Information in a student abuse report is confidential and may only be released by a school employe who made a report of suspected student abuse to:
(1) The administrator.
(2) A law enforcement official in the course of investigating the allegation of suspected student abuse.
(b) This section applies to an administrator when the administrator made the report of suspected student abuse.
LAW ENFORCEMENT RESPONSIBILITIES § 3490.161. Responsibilities of law enforcement officials.
(a) Law enforcement officials, in cooperation with the district attorney, shall accept the report of suspected student abuse for investigation and determine what criminal charges, if any, will be filed against the school employe.
(b) Law enforcement officials shall notify the county agency in the county where the alleged student abuse occurred when law enforcement officials have reasonable cause to suspect, on the basis of their initial review, that there is evidence of suspected student abuse.
[Continued on next Web Page]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
