2022 Pennsylvania Consolidated & Unconsolidated Statutes
Act 12 - DOMESTIC RELATIONS CODE (23 PA.C.S.) - EMPLOYEES HAVING CONTACT WITH CHILDREN; ADOPTIVE AND FOSTER PARENTS
Session of 2022
No. 2022-12
HB 764
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child protective services, further providing for employees having contact with children and adoptive and foster parents.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Section 6344(m) of Title 23 of the Pennsylvania Consolidated Statutes is amended to read:
§ 6344. Employees having contact with children; adoptive and foster parents.
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(m) Provisional employees for limited periods.--The following shall apply to provisional employees:
(1) Employers, administrators, supervisors or other persons responsible for employment decisions, except for a child-care institution, a prospective adoptive parent or a prospective foster parent may [not] employ [applicants] an applicant on a provisional basis[, except that the department is authorized to grant a waiver of this provision upon request from a child day-care center, group day-care home or family child-care home. If a child day-care center, group day-care home or family child-care home is granted a waiver, an applicant may be employed on a provisional basis] for a single period not to exceed 45 days, if all of the following conditions are met:
[(1)] (i) 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 employer, administrator, supervisor or other person responsible for employment decisions.
[(2)] (ii) The employer, administrator, supervisor or other person responsible for employment decisions has no knowledge of information pertaining to the applicant which would disqualify him from employment pursuant to subsection (c).
[(3)] (iii) The applicant swears or affirms in writing that he is not disqualified from employment pursuant to subsection (c) or has not been convicted of an offense similar in nature to those crimes listed in subsection (c) under the laws or former laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation, or under a former law of this Commonwealth.
[(3.1) A child day-care center, group day-care home or family child-care home received the result of the report of the criminal history record information under subsection (b)(1) or (3).
(4)] (iv) 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 employer, administrator, supervisor or other person responsible for employment decisions.
[(5)] (v) The employer, administrator, supervisor or other person responsible for employment decisions 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.
(vi) The applicant received the results of the information required under subsection (b)(2) and either subsection (b)(1) or (b)(3) and submitted the results to the employer, administrator, supervisor or other person responsible for employment decisions.
(2) For the purposes of this subsection, the term "child-care institution" shall mean a child-care institution as defined in 42 U.S.C. § 672(c)(2)(A) (relating to foster care maintenance payments program) on the effective date of this paragraph.
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Section 2. This act shall take effect immediately.
APPROVED--The 17th day of February, A.D. 2022.
TOM WOLF
