1904 - Availability of criminal charge information in child custody proceedings.

     § 1904.  Availability of criminal charge information in child                custody proceedings.        (a)  Establishment of criminal charge information system.--     The Administrative Office shall establish and maintain an     information system to enable a parent who is a party to a     custody proceeding or order to have access to information about     the criminal charges filed against the other parent to the     custody proceeding or order. The criminal charge information     that shall be available for access under this section is limited     to the information requested by those parents involved in a     custody proceeding or order and for which an application has     been filed and verified for access as provided for in this     section.        (b)  Criminal charges enumerated.--The criminal charge     information that shall be available on the information system     shall be limited to the offenses listed in 23 Pa.C.S. §     5303(b.1)(2) (relating to award of custody, partial custody or     visitation).        (c)  Application for access to criminal charge information.--     To obtain information about charges covered in 23 Pa.C.S. §     5303(b.1)(2), a parent who has been awarded custody, partial     custody or visitation or who is a party to a custody proceeding     must file an application for access to the information with the     office of the prothonotary in the county where the proceeding or     order was filed.            (1)  A person who knowingly gives false information with        the intent to gain information provided for under this        section commits an offense under 18 Pa.C.S. § 4904(a)        (relating to unsworn falsification to authorities).            (2)  The application must be filed with the prothonotary        by one of the following methods:                (i)  In person, at the office of the prothonotary, by            the parent who is filing the application. The applicant            must have a valid form of photoidentification available            for the inspection of the prothonotary.                (ii)  By mailing a notarized application using first            class mail.                (iii)  By including the application with the original            complaint, initial response or any other pleading or            motion filed with the prothonotary.            (3)  The Administrative Office shall develop the        application for access to the criminal charge information        system. The following information shall be included in the        application:                (i)  Docket number of original court filing.                (ii)  Date of filing.                (iii)  Date of birth of all children involved in the            custody proceeding or order.                (iv)  A personal access code.                (v)  A notice to the parent that additional            information relating to criminal history record            information is available, as provided for in 18 Pa.C.S.            Ch. 91 (relating to criminal history record information).                (vi)  A statement verifying that:                    (A)  the person who is filing for access to the                criminal charge information system is the actual                person listed on the application;                    (B)  to the best of the applicant's knowledge and                belief, all the information included in the                application is true and correct; and                    (C)  the applicant is a party to the custody                proceeding or order that is listed on the                application.                (vii)  A warning as to the penalty under 18 Pa.C.S. §            4904.                (viii)  Any additional information that it is            determined to be necessary to expedite the verification            of the application and to provide access to the system,            as determined by the Administrative Office.            (4)  Applications shall be made available through county        prothonotaries.        (d)  Verification of application.--The prothonotary shall     verify and transmit the application to the Administrative Office     within six business days.            (1)  Verification consists of checking court records to        determine whether there exists an active custody proceeding        or valid custody order remaining in effect.            (2)  The Administrative Office shall determine how the        application is to be transmitted.        (e)  Access.--            (1)  Except as provided in this subsection, the charge        information system shall be accessible by telephone during        regular business hours to parents who have filed a verified        application and have been entered into the system.        Information relating to the regular business hours of the        Administrative Office shall be included with the application.            (2)  The Administrative Office may interrupt the system        for necessary maintenance, the processing and updating of        information and the removal of names upon the termination of        a custody order.            (3)  Personal access codes shall remain valid until the        youngest child involved in the custody proceeding or order        reaches the age of 18.        (f)  Time for providing access.--The Administrative Office     shall provide for access to the criminal charge information     system for each qualified individual within one business day of     its receipt of the application. Access to the criminal charge     information system shall be provided by a telephone service     which requires an established fee to be paid by the caller at a     cost not to exceed 50¢ per minute.        (g)  Funds generated.--Funds transmitted to the     Administrative Office under sections 1725(c)(2) (relating to     establishment of fees and charges) and 1725.1(a.1) (relating to     costs) for the implementation of this section and telephone     tolls collected under subsection (f) shall be utilized in the     following order of priority:            (1)  To annually operate the system under this section.            (2)  To build a surplus fund of $50,000 to deal with        emergencies and computer upgrading in the operation of the        system under this section.            (3)  To repay to the General Fund appropriations made to        operate the system under this section.            (4)  To the General Fund for use under section 2333(b) of        the act of April 9, 1929 (P.L.177, No.175), known as The        Administrative Code of 1929.        (h)  Information available to parent.--            (1)  After applying and qualifying to obtain the criminal        charge information provided by the system, a parent may        request information by telephone as to whether the other        parent has been charged with any offense listed in 23 Pa.C.S.        § 5303(b.1)(2).            (2)  The parent shall also be entitled to criminal        history record information as provided for in 18 Pa.C.S. Ch.        91, and the parent shall be informed of the availability.            (3)  Criminal charge information shall be retained on the        system for the period of time as provided for the retention        of criminal charges and records under 18 Pa.C.S. Ch. 91 and        then only until the youngest child involved in the custody        proceeding or order reaches 18 years of age. At no time shall        information be retained on the system beyond what is        permitted under 18 Pa.C.S. Ch. 91.        (i)  Information available to counsel and the court.--     Information available under this act shall be available to     counsel for either parent and to judges who are presiding over     custody proceedings involving either parent.        (j)  Imposition of cost prohibited.--No cost shall be     assessed for applying for or acquiring information under this     section, except:            (1)  The cost of telephone toll charges shall be        assessed.            (2)  Costs shall be assessed as provided for in 18        Pa.C.S. Ch. 91.        (k)  Disclosure restricted.--The contents of all applications     and the inquiries made by all parents shall be confidential and     shall only be disclosed as authorized in this section.        (l)  Definition.--As used in this section, the term "parent"     means a party to a custody proceeding who has been granted     custody, partial custody or visitation with a child or who is a     party to a custody proceeding.     (Oct. 7, 1996, P.L.691, No.119, eff. 120 days)        1996 Amendment.  Act 119 added section 1904.        Cross References.  Section 1904 is referred to in sections     1725, 1725.1 of this title; section 5303 of Title 23 (Domestic     Relations).