6338 - Disposition of founded and indicated reports.

     § 6338.  Disposition of founded and indicated reports.        (a)  General rule.--When a report of suspected child abuse or     a report under Subchapter C.1 (relating to students in public     and private schools) is determined by the appropriate county     agency to be a founded report or an indicated report, the     information concerning that report of suspected child abuse     shall be expunged immediately from the pending complaint file,     and an appropriate entry shall be made in the Statewide central     register. Notice of the determination must be given to the     subjects of the report, other than the abused child, and to the     parent or guardian of the affected child or student along with     an explanation of the implications of the determination. Notice     given to perpetrators of child abuse and to school employees who     are subjects of indicated reports for school employees or     founded reports for school employees shall include notice that     their ability to obtain employment in a child-care facility or     program or a public or private school may be adversely affected     by entry of the report in the Statewide central register. The     notice shall also inform the recipient of his right, within 45     days after being notified of the status of the report, to appeal     an indicated report, and his right to a hearing if the request     is denied.        (b)  Expunction of information when child attains 23 years of     age.--Except as provided in subsection (c), all information     which identifies the subjects of founded and indicated child     abuse reports shall be expunged when the subject child reaches     the age of 23. The expunction shall be mandated and guaranteed     by the department.        (c)  Retention of information.--A subfile shall be     established in the Statewide central register to indefinitely     retain the names of perpetrators of child abuse and school     employees who are subjects of founded or indicated reports only     if the individual's Social Security number or date of birth is     known to the department. The subfile shall not include     identifying information regarding other subjects of the report.     (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995)        Cross References.  Section 6338 is referred to in sections     6349, 6353.4 of this title.