2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 63 - Child Protective Services
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.