6303 - Definitions.

     § 6303.  Definitions.        (a)  General rule.--The following words and phrases when used     in this chapter shall have the meanings given to them in this     section unless the context clearly indicates otherwise:        "Accept for service."  Decide on the basis of the needs and     problems of an individual to admit or receive the individual as     a client of the agency or as required by a court order entered     under 42 Pa.C.S. Ch. 63 (relating to juvenile matters).        "Child."  Includes a newborn.        "Child-care services."  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 of Public Welfare or a county     social services agency or which are provided pursuant to a     contract with these departments or a county social services     agency. The term does not include such services or programs     which may be offered by public and private schools, intermediate     units or area vocational-technical schools.        "Child protective services."  Those services and activities     provided by the Department of Public Welfare and each county     agency for child abuse cases.        "Children's advocacy center."  A local public agency in this     Commonwealth or a not-for-profit entity incorporated in this     Commonwealth which:            (1)  is tax exempt under section 501(c)(3) of the        Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §        501(c)(3)); and            (2)  operates within this Commonwealth for the primary        purpose of providing a child-focused, facility-based program        dedicated to coordinating a formalized multidisciplinary        response to suspected child abuse that, at a minimum, either        onsite or through a partnership with another entity or        entities, assists county agencies, investigative teams and        law enforcement by providing services, including forensic        interviews, medical evaluations, therapeutic interventions,        victim support and advocacy, team case reviews and a system        for case tracking.        "Cooperation with an investigation or assessment."  Includes,     but is not limited to, a school or school district which permits     authorized personnel from the Department of Public Welfare or     county agency to interview a student while the student is in     attendance at school.        "County agency."  The county children and youth social     service agency established pursuant to section 405 of the act of     June 24, 1937 (P.L.2017, No.396), known as the County     Institution District Law, or its successor, and supervised by     the Department of Public Welfare under Article IX of the act of     June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.        "Department."  The Department of Public Welfare of the     Commonwealth.        "Expunge."  To strike out or obliterate entirely so that the     expunged information may not be stored, identified or later     recovered by any mechanical or electronic means or otherwise.        "Family members."  Spouses, parents and children or other     persons related by consanguinity or affinity.        "Founded report."  A child abuse report made pursuant to this     chapter if there has been any judicial adjudication based on a     finding that a child who is a subject of the report has been     abused, 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 allegation of     child abuse.        "Founded report for school employee."  A report under     Subchapter C.1 (relating to students in public and private     schools) if there has been any judicial adjudication based on a     finding that the victim has 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 the report.        "General protective services."  Those services and activities     provided by each county agency for nonabuse cases requiring     protective services, as defined by the Department of Public     Welfare in regulations.        "Indicated report."  A child abuse report made pursuant to     this chapter if an investigation by the county agency or the     Department of Public Welfare determines that substantial     evidence of the alleged abuse exists based on any of the     following:            (1)  Available medical evidence.            (2)  The child protective service investigation.            (3)  An admission of the acts of abuse by the        perpetrator.        "Indicated report for school employee."  A report made under     Subchapter C.1 (relating to students in public and private     schools) if an investigation by the county agency determines     that substantial evidence of serious bodily injury or sexual     abuse or exploitation exists based on any of the following:            (1)  Available medical evidence.            (2)  The county agency's investigation.            (3)  An admission of the acts of abuse by the school        employee.        "Individual residing in the same home as the child."  An     individual who is 14 years of age or older and who resides in     the same home as the child.        "Near fatality."  An act that, as certified by a physician,     places a child in serious or critical condition.        "Newborn."  As defined in section 6502 (relating to     definitions).        "Nonaccidental."  An injury that is the result of an     intentional act that is committed with disregard of a     substantial and unjustifiable risk.        "Perpetrator."  A person who has committed child abuse and is     a parent of a child, a person responsible for the welfare of a     child, an individual residing in the same home as a child or a     paramour of a child's parent.        "Person responsible for the child's welfare."  A person who     provides permanent or temporary care, supervision, mental health     diagnosis or treatment, training or control of a child in lieu     of parental care, supervision and control. The term does not     include a person who is employed by or provides services or     programs in any public or private school, intermediate unit or     area vocational-technical school.        "Private agency."  A children and youth social service agency     subject to the requirements of 55 Pa. Code Ch. 3680 (relating to     administration and operation of a children and youth social     service agency).        "Protective services."  Those services and activities     provided by the Department of Public Welfare and each county     agency for children who are abused or are alleged to be in need     of protection under this chapter.        "Recent acts or omissions."  Acts or omissions committed     within two years of the date of the report to the Department of     Public Welfare or county agency.        "Resource family."  A family which provides temporary foster     or kinship care for children who need out-of-home placement and     may eventually provide permanency for those children, including     an adoptive family.        "Risk assessment."  A Commonwealth-approved systematic     process that assesses a child's need for protection or services     based on the risk of harm to the child.        "School employee."  An individual employed by a public or     private school, intermediate unit or area vocational-technical     school. The term includes an independent contractor and     employees. The term excludes an individual who has no direct     contact with students.        "Secretary."  The Secretary of Public Welfare of the     Commonwealth.        "Serious bodily injury."  Bodily injury which creates a     substantial risk of death or which causes serious permanent     disfigurement or protracted loss or impairment of function of     any bodily member or organ.        "Serious mental injury."  A psychological condition, as     diagnosed by a physician or licensed psychologist, including the     refusal of appropriate treatment, that:            (1)  renders a child chronically and severely anxious,        agitated, depressed, socially withdrawn, psychotic or in        reasonable fear that the child's life or safety is        threatened; or            (2)  seriously interferes with a child's ability to        accomplish age-appropriate developmental and social tasks.        "Serious physical injury."  An injury that:            (1)  causes a child severe pain; or            (2)  significantly impairs a child's physical        functioning, either temporarily or permanently.        "Sexual abuse or exploitation."  Any of the following:            (1)  The employment, use, persuasion, inducement,        enticement or coercion of a child to engage in or assist        another individual to engage in sexually explicit conduct.            (2)  The employment, use, persuasion, inducement,        enticement or coercion of a child to engage in or assist        another individual to engage in simulation of sexually        explicit conduct for the purpose of producing visual        depiction, including photographing, videotaping, computer        depicting and filming.            (3)  Any of the following offenses committed against a        child:                (i)  Rape.                (ii)  Sexual assault.                (iii)  Involuntary deviate sexual intercourse.                (iv)  Aggravated indecent assault.                (v)  Molestation.                (vi)  Incest.                (vii)  Indecent exposure.                (viii)  Prostitution.                (ix)  Sexual abuse.                (x)  Sexual exploitation.        "Student."  An individual enrolled in a public or private     school, intermediate unit or area vocational-technical school     who is under 18 years of age.        "Subject of the report."  Any child, parent, guardian or     other person responsible for the welfare of a child or any     alleged or actual perpetrator or school employee named in a     report made to the Department of Public Welfare or a county     agency under this chapter.        "Substantial evidence."  Evidence which outweighs     inconsistent evidence and which a reasonable person would accept     as adequate to support a conclusion.        "Substantiated child abuse."  Child abuse as to which there     is an indicated report or founded report.        "Under investigation."  A child abuse report pursuant to this     chapter which is being investigated to determine whether it is     "founded," "indicated" or "unfounded."        "Unfounded report."  Any report made pursuant to this chapter     unless the report is a "founded report" or an "indicated     report."        (b)  Child abuse.--            (1)  The term "child abuse" shall mean any of the        following:                (i)  Any recent act or failure to act by a            perpetrator which causes nonaccidental serious physical            injury to a child under 18 years of age.                (ii)  An act or failure to act by a perpetrator which            causes nonaccidental serious mental injury to or sexual            abuse or sexual exploitation of a child under 18 years of            age.                (iii)  Any recent act, failure to act or series of            such acts or failures to act by a perpetrator which            creates an imminent risk of serious physical injury to or            sexual abuse or sexual exploitation of a child under 18            years of age.                (iv)  Serious physical neglect by a perpetrator            constituting prolonged or repeated lack of supervision or            the failure to provide essentials of life, including            adequate medical care, which endangers a child's life or            development or impairs the child's functioning.            (2)  No child shall be deemed to be physically or        mentally abused based on injuries that result solely from        environmental factors that are beyond the control of the        parent or person responsible for the child's welfare, such as        inadequate housing, furnishings, income, clothing and medical        care.            (3)  If, upon investigation, the county agency determines        that a child has not been provided needed medical or surgical        care because of seriously held religious beliefs of the        child's parents, guardian or person responsible for the        child's welfare, which beliefs are consistent with those of a        bona fide religion, the child shall not be deemed to be        physically or mentally abused. The county agency shall        closely monitor the child and shall seek court-ordered        medical intervention when the lack of medical or surgical        care threatens the child's life or long-term health. In cases        involving religious circumstances, all correspondence with a        subject of the report and the records of the Department of        Public Welfare and the county agency shall not reference        "child abuse" and shall acknowledge the religious basis for        the child's condition, and the family shall be referred for        general protective services, if appropriate.     (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Mar. 31,     1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days; Dec. 9, 2002,     P.L.1549, No.201, eff. 60 days; Nov. 29, 2004, P.L.1291, No.160,     eff. 60 days; Nov. 9, 2006, P.L.1358, No.146, eff. 180 days;     Nov. 29, 2006, P.L.1581, No.179, eff. 180 days; July 3, 2008,     P.L.276, No.33, eff. 180 days)        2008 Amendment.  Act 33 added the defs. of "children's     advocacy center" and "substantiated child abuse."        2006 Amendments.  Act 146 added the defs. of "near fatality"     and "nonaccidental" in subsec. (a) and Act 179 amended the def.     of "sexual abuse or exploitation" in subsec. (a).        2004 Amendment.  Act 160 added the defs. of "private agency"     and "resource family" in subsec. (a).        2002 Amendment.  Act 201 added the defs. of "child" and     "newborn" in subsec. (a).        1995 Amendment.  Act 10, 1st Sp.Sess., amended the def. of     "sexual abuse or exploitation" in subsec. (a).        Cross References.  Section 6303 is referred to in sections     6340, 6368, 6502 of this title; section 4306 of Title 18 (Crimes     and Offenses); sections 6302, 6336.1 of Title 42 (Judiciary and     Judicial Procedure).