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