6341 - Amendment or expunction of information.

     § 6341.  Amendment or expunction of information.        (a)  General rule.--At any time:            (1)  The secretary may amend or expunge any record under        this chapter upon good cause shown and notice to the        appropriate subjects of the report.            (2)  Any person named as a perpetrator, and any school        employee named, in an indicated report of child abuse may,        within 45 days of being notified of the status of the report,        request the secretary to amend or expunge an indicated report        on the grounds that it is inaccurate or it is being        maintained in a manner inconsistent with this chapter.        (b)  Review of grant of request.--If the secretary grants the     request under subsection (a)(2), the Statewide central register,     appropriate county agency, appropriate law enforcement officials     and all subjects shall be so advised of the decision. The county     agency and any subject have 45 days in which to file an     administrative appeal with the secretary. If an administrative     appeal is received, the secretary or his designated agent shall     schedule a hearing pursuant to Article IV of the act of June 13,     1967 (P.L.31, No.21), known as the Public Welfare Code, and     attending departmental regulations. If no administrative appeal     is received within the designated time period, the Statewide     central register shall comply with the decision of the secretary     and advise the county agency to amend or expunge the information     in their records so that the records are consistent at both the     State and local levels.        (c)  Review of refusal of request.--If the secretary refuses     the request under subsection (a)(2) or does not act within a     reasonable time, but in no event later than 30 days after     receipt of the request, the perpetrator or school employee shall     have the right to a hearing before the secretary or a designated     agent of the secretary to determine whether the summary of the     indicated report in the Statewide central register should be     amended or expunged on the grounds that it is inaccurate or that     it is being maintained in a manner inconsistent with this     chapter. The perpetrator or school employee shall have 45 days     from the date of the letter giving notice of the decision to     deny the request in which to request a hearing. The appropriate     county agency and appropriate law enforcement officials shall be     given notice of the hearing. The burden of proof in the hearing     shall be on the appropriate county agency. The department shall     assist the county agency as necessary.        (d)  Stay of proceedings.--Any administrative appeal     proceeding pursuant to subsection (b) shall be automatically     stayed upon notice to the department by either of the parties     when there is a pending criminal proceeding or a dependency or     delinquency proceeding pursuant to 42 Pa.C.S. Ch. 63 (relating     to juvenile matters), including any appeal thereof, involving     the same factual circumstances as the administrative appeal.        (e)  Order.--The secretary or designated agent may make any     appropriate order respecting the amendment or expunction of such     records to make them accurate or consistent with the     requirements of this chapter.        (f)  Notice of expunction.--Written notice of an expunction     of any child abuse record made pursuant to the provisions of     this chapter shall be served upon the subject of the record who     was responsible for the abuse or injury and the appropriate     county agency. Except as provided in this subsection, the county     agency, upon receipt of the notice, shall take appropriate,     similar action in regard to the local child abuse and school     employee records and inform, for the same purpose, the     appropriate coroner if that officer has received reports     pursuant to section 6367 (relating to reports to department and     coroner). Whenever the county agency investigation reveals,     within 60 days of receipt of the report of suspected child     abuse, that the report is unfounded but that the subjects need     services provided or arranged by the county agency, the county     agency shall retain those records and shall specifically     identify that the report was an unfounded report of suspected     child abuse. An unfounded report regarding subjects who receive     services shall be expunged no later than 120 days following the     expiration of one year after the termination or completion of     services provided or arranged by the county agency.     (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Dec. 15,     1998, P.L.963, No.127, eff. Mar. 1, 1999)        1998 Amendment.  Act 127 amended subsecs. (b), (c) and (f).        Cross References.  Section 6341 is referred to in sections     6353.4, 6381 of this title.