2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 63 - Child Protective Services
6340 - Release of information in confidential reports.

     § 6340.  Release of information in confidential reports.
        (a)  General rule.--Reports specified in section 6339
     (relating to confidentiality of reports) shall only be made
     available to:
            (1)  An authorized official of a county agency, of a
        Federal agency that has a need for such information to carry
        out its responsibilities under law to protect children from
        abuse and neglect or of an agency of another state that
        performs protective services analogous to those services
        performed by county agencies or the department in the course
        of the official's duties, multidisciplinary team members
        assigned to the case and duly authorized persons providing
        services pursuant to section 6370(a) (relating to voluntary
        or court-ordered services; findings of child abuse).
            (2)  A physician examining or treating a child or the
        director or a person specifically designated in writing by
        the director of any hospital or other medical institution
        where a child is being treated when the physician or the
        director or the designee of the director suspects the child
        of being an abused child or a child alleged to be in need of
        protection under this chapter.
            (3)  A guardian ad litem or court designated advocate for
        the child.
            (4)  An authorized official or agent of the department in
        accordance with department regulations or in accordance with
        the conduct of a performance audit as authorized by section
        6343 (relating to investigating performance of county
        agency).
            (5)  A court of competent jurisdiction, including a
        magisterial district judge, a judge of the Philadelphia
        Municipal Court and a judge of the Pittsburgh Magistrates
        Court, pursuant to court order or subpoena in a criminal
        matter involving a charge of child abuse under section
        6303(b) (relating to definitions). Disclosure through
        testimony shall be subject to the restrictions of subsection
        (c).
            (5.1)  A court of common pleas in connection with any
        matter involving custody of a child. The department shall
        provide to the court any reports and files which the court
        considers relevant.
            (6)  A standing committee of the General Assembly, as
        specified in section 6384 (relating to legislative
        oversight).
            (7)  The Attorney General.
            (8)  Federal auditors if required for Federal financial
        participation in funding of agencies except that Federal
        auditors may not remove identifiable reports or copies
        thereof from the department or county agencies.
            (9)  Law enforcement officials of any jurisdiction, as
        long as the information is relevant in the course of
        investigating cases of:
                (i)  Homicide or other criminal offense set forth in
            section 6344(c) (relating to information relating to
            prospective child-care personnel), sexual abuse, sexual
            exploitation, serious bodily injury or serious physical
            injury perpetrated by persons whether or not related to
            the victim.
                (ii)  Child abuse perpetrated by persons who are not
            family members.
                (iii)  Repeated physical injury to a child under
            circumstances which indicate that the child's health,
            safety or welfare is harmed or threatened.
                (iv)  A missing child report.
            (10)  The district attorney or his designee or other law
        enforcement official, as set forth in the county protocols
        for investigative teams required in section 6365(c) (relating
        to services for prevention, investigation and treatment of
        child abuse), shall receive, immediately after the county
        agency has ensured the safety of the child, reports of abuse,
        either orally or in writing, according to regulations
        promulgated by the department, from the county agency in
        which the initial report of suspected child abuse or initial
        inquiry into the report gives evidence that the abuse is:
                (i)  a criminal offense set forth in section 6344(c),
            not including an offense under 18 Pa.C.S. § 4304
            (relating to endangering welfare of children) or an
            equivalent crime under Federal law or the law of another
            state, sexual abuse, sexual exploitation or serious
            bodily injury perpetrated by persons, whether or not
            related to the victim;
                (ii)  child abuse perpetrated by persons who are not
            family members; or
                (iii)  serious physical injury involving extensive
            and severe bruising, burns, broken bones, lacerations,
            internal bleeding, shaken baby syndrome or choking or an
            injury that significantly impairs a child's physical
            functioning, either temporarily or permanently.
            (11)  Designated county officials, in reviewing the
        competence of the county agency or its employees pursuant to
        this chapter. Officials under this paragraph are limited to
        the following:
                (i)  The board of commissioners in counties other
            than counties of the first class.
                (ii)  Mayor in a city of the first class under the
            act of April 21, 1949 (P.L.665, No.155), known as the
            First Class City Home Rule Act.
                (iii)  An individual serving as a county chief
            executive as designated by a county home rule charter or
            optional plan form of government pursuant to the act of
            April 13, 1972 (P.L.184, No.62), known as the Home Rule
            Charter and Optional Plans Law.
            (12)  A mandated reporter of suspected child abuse as
        defined in section 6311 (relating to persons required to
        report suspected child abuse) who made a report of abuse
        involving the subject child, but the information permitted to
        be released to the mandated reporter shall be limited to the
        following:
                (i)  The final status of the child abuse report
            following the investigation, whether it be indicated,
            founded or unfounded.
                (ii)  Any services provided, arranged for or to be
            provided by the county agency to protect the child.
            (13)  Persons required to make reports under Subchapter
        C.1 (relating to students in public and private schools).
        Information under this paragraph shall be limited to the
        final status of the report following the investigation as to
        whether the report is indicated, founded or unfounded.
            (14)  A prospective adoptive parent, approved by an
        adoption agency, when considering adopting an abused child in
        the custody of a county agency. The county agency having
        custody of the child and the adoption agency shall determine
        the scope and detail of information which must be provided so
        that the prospective parent may make an informed decision to
        adopt.
            (15)  Appropriate officials of another county or state
        regarding an investigation related to child abuse or
        protective services when a family has moved to that county or
        state. Reports under this paragraph shall include general
        protective service reports and related information. Reports
        and information under this paragraph shall be provided within
        seven calendar days. The department shall promulgate
        regulations as necessary to carry out the purposes of this
        paragraph.
            (16)  Members of citizen review panels convened pursuant
        to section 6343.1 (relating to citizen review panels),
        provided that such members shall not disclose to any person
        or government official any identifying information about any
        specific child protective services case with respect to which
        the panel is provided information.
            (17)  A member of a child fatality or near fatality
        review team under section 6365(d).
        (b)  Release of information to subject of report.--At any
     time and upon written request, a subject of a report may receive
     a copy of all information, except that prohibited from being
     disclosed by subsection (c), contained in the Statewide central
     register or in any report filed pursuant to section 6313
     (relating to reporting procedure).
        (c)  Protecting identity of person making report.--Except for
     reports pursuant to subsection (a)(9) and (10), the release of
     data that would identify the person who made a report of
     suspected child abuse or the person who cooperated in a
     subsequent investigation is prohibited unless the secretary
     finds that the release will not be detrimental to the safety of
     that person. Law enforcement officials shall treat all reporting
     sources as confidential informants.
        (d)  Exclusion of administrative information.--Information
     maintained in the Statewide central register which was obtained
     from an investigating agency in relation to an appeal request
     shall not be released to any person except a department
     official, as provided by regulation.
     (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Dec. 15,
     1998, P.L.963, No.127; Nov. 30, 2004, P.L.1618, No.207, eff. 60
     days; Nov. 9, 2006, P.L.1358, No.146, eff. 180 days; July 3,
     2008, P.L.276, No.33, eff. 180 days)

        2008 Amendment.  Act 33 added subsec. (a)(17).
        2006 Amendment.  Act 146 amended subsec. (a)(1) and added
     subsec. (a)(16).
        2004 Amendment.  Act 207 amended subsec. (a)(5). See sections
     28 and 29 of Act 207 in the appendix to this title for special
     provisions relating to applicability and construction of law.
        1998 Amendment.  Act 127 amended subsec. (a)(5), (9) and (10)
     and added subsec. (a)(15), effective immediately as to subsec.
     (a)(5) and (15) and March 1, 1999, as to the remainder of the
     section.
        References in Text.  The act of April 13, 1972 (P.L.184,
     No.62), known as the Home Rule Charter and Optional Plans Law,
     referred to in subsec. (a), was repealed by the act of December
     19, 1996 (P.L.1158, No.177). The subject matter is now contained
     in Subpart E of Part III of Title 53 (Muncipalities Generally).
        Cross References.  Section 6340 is referred to in sections
     6335, 6336, 6343, 6346, 6353.4, 6365 of this title.