6344 - Information relating to prospective child-care personnel.

     § 6344.  Information relating to prospective child-care                personnel.        (a)  Applicability.--This section applies to all prospective     employees of child-care services, prospective foster parents,     prospective adoptive parents, prospective self-employed family     day-care providers and other persons seeking to provide child-     care services under contract with a child-care facility or     program. This section also applies to individuals 14 years of     age or older who reside in the home of a prospective foster     parent for at least 30 days in a calendar year or who reside in     the home of a prospective adoptive parent for at least 30 days     in a calendar year. This section does not apply to     administrative or other support personnel unless their duties     will involve direct contact with children.        (b)  Information submitted by prospective employees.--     Administrators of child-care services shall require applicants     to submit with their applications the following information     obtained within the preceding one-year period:            (1)  Pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal        history record information), a report of criminal history        record information from the Pennsylvania State Police or a        statement from the Pennsylvania State Police that the State        Police central repository contains no such information        relating to that person. The criminal history record        information shall be limited to that which is disseminated        pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to general        regulations).            (2)  A certification from the department as to whether        the applicant is named in the central register as the        perpetrator of a founded report of child abuse, indicated        report of child abuse, founded report for school employee or        indicated report for school employee.            (3)  A report of Federal criminal history record        information. The applicant shall submit a full set of        fingerprints in a manner prescribed by the department. The        Commonwealth shall submit the fingerprints to the Federal        Bureau of Investigation in order to obtain a report of        Federal criminal history record information and serve as        intermediary for the purposes of this section.     For the purposes of this subsection, an applicant may submit a     copy of the information required under paragraphs (1) and (2)     with an application for employment. Administrators shall     maintain a copy of the required information and shall require     applicants to produce the original document prior to employment.        (b.1)  Information submitted by certain prospective     employees.--            (1)  Notwithstanding any other provision of this chapter,        this subsection shall apply to persons who apply for        employment under subsection (c) on or after the effective        date of this subsection and before July 1, 2008. The        provisions of subsection (b) shall not apply to persons who        apply for employment under subsection (c) on or after the        effective date of this subsection and before July 1, 2008.            (2)  Administrators of child-care services shall require        applicants to submit with their applications the following        information obtained within the preceding one-year period:                (i)  Pursuant to 18 Pa.C.S. Ch. 91, a report of            criminal history record information from the Pennsylvania            State Police or a statement from the Pennsylvania State            Police that the State Police central repository contains            no such information relating to that person. The criminal            history record information shall be limited to that which            is disseminated pursuant to 18 Pa.C.S. § 9121(b)(2).                (ii)  A certification from the department as to            whether the applicant is named in the central register as            the perpetrator of a founded report of child abuse,            indicated report of child abuse, founded report for            school employee or indicated report for school employee.                (iii)  Where the applicant is not a resident of this            Commonwealth, administrators shall require the applicant            to submit with the application for employment a report of            Federal criminal history record information. The            applicant shall submit a full set of fingerprints to the            department. The department shall submit the fingerprints            to the Federal Bureau of Investigation in order to obtain            a report of Federal criminal history record information            and serve as intermediary for the purposes of this            section.            (3)  For the purposes of this subsection, an applicant        may submit a copy of the required information with an        application for employment. Administrators shall maintain a        copy of the required information and shall require applicants        to produce the original document prior to employment.            (4)  This subsection shall expire July 1, 2008.        (c)  Grounds for denying employment.--            (1)  In no case shall an administrator hire an applicant        where the department has verified that the applicant is named        in the central register as the perpetrator of a founded        report of child abuse committed within the five-year period        immediately preceding verification pursuant to this section        or is named in the central register as the perpetrator of a        founded report for a school employee committed within the        five-year period immediately preceding verification pursuant        to this section.            (2)  In no case shall an administrator hire an applicant        if the applicant's criminal history record information        indicates the applicant has been convicted of one or more of        the following offenses under Title 18 (relating to crimes and        offenses) or an equivalent crime under Federal law or the law        of another state:            Chapter 25 (relating to criminal homicide).            Section 2702 (relating to aggravated assault).            Section 2709.1 (relating to stalking).            Section 2901 (relating to kidnapping).            Section 2902 (relating to unlawful restraint).            Section 3121 (relating to rape).            Section 3122.1 (relating to statutory sexual assault).            Section 3123 (relating to involuntary deviate sexual        intercourse).            Section 3124.1 (relating to sexual assault).            Section 3125 (relating to aggravated indecent assault).            Section 3126 (relating to indecent assault).            Section 3127 (relating to indecent exposure).            Section 4302 (relating to incest).            Section 4303 (relating to concealing death of child).            Section 4304 (relating to endangering welfare of        children).            Section 4305 (relating to dealing in infant children).            A felony offense under section 5902(b) (relating to        prostitution and related offenses).            Section 5903(c) or (d) (relating to obscene and other        sexual materials and performances).            Section 6301 (relating to corruption of minors).            Section 6312 (relating to sexual abuse of children).            The attempt, solicitation or conspiracy to commit any of        the offenses set forth in this paragraph.            (3)  In no case shall an administrator hire an applicant        if the applicant's criminal history record information        indicates the applicant has been convicted of a felony        offense under the act of April 14, 1972 (P.L.233, No.64),        known as The Controlled Substance, Drug, Device and Cosmetic        Act, committed within the five-year period immediately        preceding verification under this section.        (d)  Prospective adoptive or foster parents.--With regard to     prospective adoptive or prospective foster parents, the     following shall apply:            (1)  In the course of causing an investigation to be made        pursuant to section 2535(a) (relating to investigation), an        agency or person designated by the court to conduct the        investigation shall require prospective adoptive parents and        any individual over the age of 18 years residing in the home        to submit the information set forth in subsection (b) for        review in accordance with this section. If a prospective        adoptive parent, or any individual over 18 years of age        residing in the home, has resided outside this Commonwealth        at any time within the previous five-year period, the agency        or person designated by the court shall require that person        to submit a certification obtained within the previous one-        year period from the Statewide central registry, or its        equivalent in each state in which the person has resided        within the previous five-year period, as to whether the        person is named as a perpetrator of child abuse. If the        certification shows that the person is named as a perpetrator        of child abuse within the previous five-year period, the        agency or person designated by the court shall forward the        certification to the department for review. The agency or        person designated by the court shall not approve the        prospective adoptive parent if the department determines that        the person is named as the equivalent of a perpetrator of a        founded report of child abuse within the previous five-year        period.            (2)  In the course of approving a prospective foster        parent, a foster family care agency shall require prospective        foster parents and any individual over the age of 18 years        residing in the home to submit the information set forth in        subsection (b) for review by the foster family care agency in        accordance with this section. If a prospective foster parent,        or any individual over 18 years of age residing in the home,        has resided outside this Commonwealth at any time within the        previous five-year period, the foster family care agency        shall require that person to submit a certification obtained        within the previous one-year period from the Statewide        central registry, or its equivalent in each state in which        the person has resided within the previous five-year period,        as to whether the person is named as a perpetrator of child        abuse. If the certification shows that the person is named as        a perpetrator of child abuse within the previous five-year        period, the foster family care agency shall forward the        certification to the department for review. The foster family        care agency shall not approve the prospective foster parent        if the department determines that the person is named as the        equivalent of a perpetrator of a founded report of child        abuse within the previous five-year period. In addition, the        foster family care agency shall consider the following when        assessing the ability of applicants for approval as foster        parents:                (i)  The ability to provide care, nurturing and            supervision to children.                (ii)  Mental and emotional well-being. If there is a            question regarding the mental or emotional stability of a            family member which might have a negative effect on a            foster child, the foster family care agency shall require            a psychological evaluation of that person before            approving the foster family home.                (iii)  Supportive community ties with family, friends            and neighbors.                (iv)  Existing family relationships, attitudes and            expectations regarding the applicant's own children and            parent/child relationships, especially as they might            affect a foster child.                (v)  Ability of the applicant to accept a foster            child's relationship with his own parents.                (vi)  The applicant's ability to care for children            with special needs.                (vii)  Number and characteristics of foster children            best suited to the foster family.                (viii)  Ability of the applicant to work in            partnership with a foster family care agency. This            subparagraph shall not be construed to preclude an            applicant from advocating on the part of a child.            (3)  Foster parents and any individual over 18 years of        age residing in the home shall be required to submit the        information set forth in subsection (b) every 24 months        following approval for review by the foster family care        agency in accordance with subsection (c).            (4)  Foster parents shall be required to report, within        48 hours, any change in information required pursuant to        subsection (b) about themselves and any individuals over the        age of 18 years residing in the home for review by the foster        family care agency in accordance with subsection (c).            (5)  Foster parents shall be required to report any other        change in the foster family household composition within 30        days of the change for review by the foster family care        agency. If any individual over 18 years of age, who has        resided outside this Commonwealth at any time within the        previous five-year period, begins residing in the home of an        approved foster family, that individual shall, within 30 days        of beginning residence, submit to the foster family care        agency a certification obtained within the previous one-year        period from the Statewide central registry, or its equivalent        in each state in which the person has resided within the        previous five-year period, as to whether the person is named        as a perpetrator of child abuse. If the certification shows        that the person is named as a perpetrator of child abuse        within the previous five-year period, the foster family care        agency shall forward the certification to the department for        review. If the department determines that the person is named        as the equivalent of a perpetrator of a founded report of        child abuse within the previous five-year period and the        person does not cease residing in the home immediately, the        foster child or children shall immediately be removed from        the home without a hearing.            (6)  In cases where foster parents knowingly fail to        submit the material information required in paragraphs (3),        (4) and (5) such that it would disqualify them as foster        parents, the child shall immediately be removed from the home        without a hearing.            (7)  An approved foster parent shall not be considered an        employee for any purpose, including, but not limited to,        liability, unemployment compensation, workers' compensation        or other employee benefits provided by the county agency.            (8)  The department shall require information based upon        certain criteria for foster and adoptive parent applications.        The criteria shall include, but not be limited to,        information provided by the applicant or other sources in the        following areas:                (i)  Previous addresses within the last ten years.                (ii)  Criminal history background clearance generated            by the process outlined in this section.                (iii)  Child abuse clearance generated by the process            outlined in this section.                (iv)  Composition of the resident family unit.                (v)  Protection from abuse orders filed by or against            either parent, provided that such orders are accessible            to the county or private agency.                (vi)  Details of any proceedings brought in family            court, provided that such records in such proceedings are            accessible to the county or private agency.                (vii)  Drug-related or alcohol-related arrests, if            criminal charges or judicial proceedings are pending, and            any convictions or hospitalizations within the last five            years. If the applicant provides information regarding            convictions or hospitalizations in that five-year period,            then information on the prior five years shall be            requested related to any additional convictions or            hospitalizations.                (viii)  Evidence of financial stability, including            income verification, employment history, current liens            and bankruptcy findings within the last ten years.                (ix)  Number of and ages of foster children and other            dependents currently placed in the home.                (x)  Detailed information regarding children with            special needs currently living in the home.                (xi)  Previous history as a foster parent, including            number and types of children served.                (xii)  Related education, training or personal            experience working with foster children or the child            welfare system.        (d.1)  Establishment of a resource family registry.--            (1)  The department shall establish a registry of        resource family applicants.            (2)  The foster family care agency or adoption agency        shall register all resource family applicants on the resource        family registry in accordance with subsection (d.2).            (3)  The foster family care agency or adoption agency        shall register all resource families that are approved on the        effective date of this subsection within six months of the        effective date of this subsection.            (4)  Any resource family that is voluntarily registered        on the foster parent registry shall be maintained on the        resource family registry mandated under this section.        (d.2)  Information in the resource family registry.--            (1)  The resource family registry shall include, but not        be limited to, the following:                (i)  The name, Social Security number, date of birth,            sex, marital status, race and ethnicity of the            applicants.                (ii)  The date or dates of the resource family            application.                (iii)  The current and previous home addresses of the            applicants.                (iv)  The county of residence of the applicants.                (v)  The name, date of birth, Social Security number            and relationship of all household members.                (vi)  The name, address and telephone number of all            current and previous foster family care agency or            adoption agency affiliations.                (vii)  The foster family care agency or adoption            agency disposition related to the approval or disapproval            of the applicants and the date and basis for the            disposition.                (viii)  The type of care the resource family will            provide.                (ix)  The number of children that may be placed in            the resource family home.                (x)  The age, race, gender and level of special needs            of children that may be placed in the resource family            home.                (xi)  The ability of the resource family to provide            care for sibling groups.                (xii)  The date and reason for any closure of the            resource family home.                (xiii)  The appeal activity initiated by a resource            family applicant or an approved resource family and the            basis for the appeal. This subparagraph shall not be            construed to limit legitimate appeals.                (xiv)  The status and disposition of all appeal-            related activities. This subparagraph shall not be            construed to limit legitimate appeals.            (2)  The information maintained in the resource family        registry may be released to the following individuals when        the department has positively identified the individual        requesting the information and the department, except in the        case of subparagraphs (iii) and (iv), has inquired into        whether and if it is satisfied that the individual has a        legitimate need within the scope of the individual's official        duties to obtain the information:                (i)  An authorized official of a county or private            agency, a Federal agency or an agency of another state            who performs resource family approvals or the department            in the course of the official's duties.                (ii)  A guardian ad litem or court-designated            advocate for a child. The information is limited to the            information related to the resource family with whom the            child resides.                (iii)  A court of competent jurisdiction, including a            district justice, a judge of the Municipal Court of            Philadelphia or a judge of the Pittsburgh Magistrates            Court, pursuant to court order or subpoena in a criminal            matter involving a charge of child abuse under Chapter 63            (relating to child protective services).                (iv)  A court of competent jurisdiction in connection            with any matter involving custody of a child. The            department shall provide to the court any files that the            court considers relevant.                (v)  The Attorney General.                (vi)  Federal auditors, if required for Federal            financial participation in funding of agencies, except            that Federal auditors may not remove identifiable            information or copies thereof from the department or            county or private agencies.                (vii)  Law enforcement agents of any jurisdiction, as            long as the information is relevant in the course of            investigating crimes involving the resource family.                (viii)  Appropriate officials of a private agency or            another county or state regarding a resource family that            has applied to become a resource family for that agency,            county or state.            (3)  At any time and upon written request, a resource        family may receive a copy of all information pertaining to        that resource family contained in the resource family        registry.        (e)  Self-employed family day-care providers.--Self-employed     family day-care providers who apply for a certificate of     registration with the department shall submit with their     registration application the information set forth under     subsection (b) for review in accordance with this section.        (f)  Submissions by operators of child-care services.--The     department shall require persons seeking to operate child-care     services to submit the information set forth in subsection (b)     for review in accordance with this section.        (g)  Regulations.--The department shall promulgate the     regulations necessary to carry out this section. These     regulations shall:            (1)  Set forth criteria for unsuitability for employment        in a child-care service in relation to criminal history        record information which may include criminal history record        information in addition to that set forth above. The criteria        shall be reasonably related to the prevention of child abuse.            (2)  Set forth sanctions for administrators who willfully        hire applicants in violation of this section or in violation        of the regulations promulgated under this section.        (h)  Fees.--The department may charge a fee not to exceed $10     in order to conduct the certification as required in subsection     (b)(2), except that no fee shall be charged to an individual who     makes the request in order to apply to become a volunteer with     an affiliate of Big Brothers of America or Big Sisters of     America or with a rape crisis center or domestic violence     shelter.        (i)  Time limit for certification.--The department shall     comply with certification requests no later than 14 days from     the receipt of the request.        (j)  Voluntary certification of child caretakers.--The     department shall develop a procedure for the voluntary     certification of child caretakers to allow persons to apply to     the department for a certificate indicating the person has met     the requirements of subsection (b). The department shall also     provide for the biennial recertification of child caretakers.        (k)  Existing or transferred employees.--A person employed in     child-care services on July 1, 2008, shall not be required to     obtain the information required in subsection (b) as a condition     of continued employment. A person who has once obtained the     information required under subsection (b) may transfer to     another child-care service established and supervised by the     same organization and shall not be required to obtain additional     reports before making the transfer.        (l)  Temporary employees under special programs.--The     requirements of this section do not apply to employees of child-     care services who meet all the following requirements:            (1)  They are under 21 years of age.            (2)  They are employed for periods of 90 days or less.            (3)  They are a part of a job development or job training        program funded, in whole or in part, by public or private        sources.     Once employment of a person who meets these conditions extends     beyond 90 days, all requirements of this section shall take     effect.        (m)  Provisional employees for limited periods.--     Notwithstanding subsection (b), administrators may employ     applicants on a provisional basis for a single period not to     exceed 30 days or, for out-of-State applicants, a period of 90     days, if all of the following conditions are met:            (1)  The applicant has applied for the information        required under subsection (b) and the applicant provides a        copy of the appropriate completed request forms to the        administrator.            (2)  The administrator has no knowledge of information        pertaining to the applicant which would disqualify him from        employment pursuant to subsection (c).            (3)  The applicant swears or affirms in writing that he        is not disqualified from employment pursuant to subsection        (c).            (4)  If the information obtained pursuant to subsection        (b) reveals that the applicant is disqualified from        employment pursuant to subsection (c), the applicant shall be        immediately dismissed by the administrator.            (5)  The administrator requires that the applicant not be        permitted to work alone with children and that the applicant        work in the immediate vicinity of a permanent employee.        (n)  Confidentiality.--The information provided and compiled     under this section, including, but not limited to, the names,     addresses and telephone numbers of applicants and foster and     adoptive parents, shall be confidential and shall not be subject     to the act of June 21, 1957 (P.L.390, No.212), referred to as     the Right-to-Know Law. This information shall not be released     except as permitted by the department through regulation.        (o)  Use of information.--A foster family care agency may not     approve a prospective foster parent if the prospective foster     parent or an individual 14 years of age or older who resides for     at least 30 days in a calendar year with the prospective foster     parent meets either of the following:            (1)  Is named in the central register as the perpetrator        of a founded report of child abuse committed within the five-        year period immediately preceding verification pursuant to        this section or is named in the central register as the        perpetrator of a founded report for a school employee        committed within the five-year period immediately preceding        verification pursuant to this section.            (2)  Has been found guilty of an offense listed in        subsection (c)(2).        (p)  Use of information.--A prospective adoptive parent may     not be approved if the prospective adoptive parent or an     individual 14 years of age or older who resides for at least 30     days in a calendar year with the prospective adoptive parent     meets either of the following:            (1)  Is named in the central register as the perpetrator        of a founded report of child abuse committed within the five-        year period immediately preceding verification pursuant to        this section or is named in the central register as the        perpetrator of a founded report for a school employee        committed within the five-year period immediately preceding        verification pursuant to this section.            (2)  Has been found guilty of an offense listed in        subsection (c)(2).     (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. 15, 1998,     P.L.963, No.127, eff. Jan. 1, 1999; Dec. 17, 2001, P.L.942,     No.112, eff. imd.; Dec. 9, 2002, P.L.1759, No.218, eff. 60 days;     Nov. 29, 2004, P.L.1291, No.160, eff. 60 days; Nov. 29, 2006,     P.L.1581, No.179, eff. 180 days; Dec. 18, 2007, P.L.469, No.73)        2007 Amendment.  Act 73 amended subsecs. (b), (d)(1), (2),     (3), (4) and (5), (e), (f) and (k) and added subsec. (b.1),     effective immediately as to subsec. (b.1), January 1, 2008, as     to subsecs. (b) and (d)(1), (2), (3), (4) and (5) and July 1,     2008, as to subsecs. (e), (f) and (k).        2006 Amendment.  Act 179 amended subsecs. (a) and (c)(1) and     added subsecs. (o) and (p).        2004 Amendment.  Act 160 amended subsecs. (d) and (g) and     added subsecs. (d.1),(d.2) and (n).        2002 Amendment.  Act 218 amended subsec. (c)(2).        2001 Amendment.  Act 112 amended subsec. (h).        1998 Amendment.  Act 127 amended subsecs. (b), (c) and (h).        Special Provisions in Appendix.  See section 6 of Act 33 of     2008 in the appendix to this title for special provisions     relating to Department of Public Welfare reports.        References in Text.  The act of June 21, 1957 (P.L.390,     No.212), referred to as the Right-to-Know Law, referred to in     subsec. (n), was repealed by the act of February 14, 2008     (P.L.6, No.3), known as the Right-to-Know Law.        Cross References.  Section 6344 is referred to in sections     2530, 6340, 6344.1, 6344.2, 6349 of this title; section 6351.1     of Title 42 (Judiciary and Judicial Procedure).