apscuf filing for injunction on background checks policy
TRANSCRIPT
8/20/2019 APSCUF Filing for Injunction on Background Checks policy
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IN
THE
COMMONWEALTH COURT
OF
PENNSYLVANIA
NO. l ory
~ h
9c.Jtb
ASSOCIATION OF PENNSYLVANIA STATE COLLEGE AND
UNIVERSITY FACULTIES,
Petitioners
v.
'
PENNSYLVANIA STATE SYSTEM
OF
HIGHER EDUCATION;
COMMONWEALTH OF PENNSYLVANIA,
Respondents
PETITION FOR REVIEW IN
THE
NATURE
OF
AN APPLICATION FOR PRELIMINARY INJUNCTION
AND
PERMANENT
INJUNCTION
FILED
WITHIN
THE COURT S ORIGINAL JURISDICTION
James L. Cowden
l.D. No. 20082
Jennifer A.
Nachamkin
l.D. No. 200931
Strokoff Cowden, PC
132
State
Street
Harrisburg,
PA .
17101
(71
7
233-5353
Attorneys for Petitioners
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The Association of Pennsylvania State College and University
Faculties, by their
attorneys,
Strokoff and Cowden, files
this
Petition for
Review
in the nature
of
an
application for a preliminary injunction
and
permanent
injunction, under
authority
of
Pa.R.C.P.
1531.
1. This Court
has
original jurisdiction
over
this Petition for
Review in the
nature
of
an
application for a preliminary and
permanent
injunction under 42 Pa.C.S. §761(a)(l)
because
the respondent is
an agency
of
the
Commonwealth of
Pennsylvania.
2.
Petitioner,
Association
of Pennsylvania State
College
and
University
Faculties ( APSCUF ) is
the certified
bargaining agent under
the
Public Employee
Relations
Act ( PERA ),
43 P.S.
§1101.101
et
seq., of a
bargaining unit of faculty members employed by the
Pennsylvania
State
System of Higher Education ( State System ).
In
academic year
2014-2015
there
were over
6000
full-time and
part-time employees in
APSCUF's faculty
bargaining
unit each
semester.
APSCUF
has
its offices at 319
North
Front
Street,
Harrisburg,
P 17101.
3. Respondent, the
State
System, is a public corporation
created by
Act
188 of 1982,
24
P.S. §20-2001-A
et
seq., to operate
Pennsylvania s 14 state-owned
universities.
t has its offices at
2986
North
Front
Street, Harrisburg, P
17110.
4. APSCUF
and the State
System and
the
State System s
predecessor, the
Commonwealth
of Pennsylvania, have been parties to a
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series
of
collective
bargaining
agreements ( CBA's) setting terms and
conditions
of employment
for
State System faculty
since 1971.
5. APSCUF and the
State
System s
last CBA
expired
on June
30, 2015. APSCUF has not
gone
on strike, and negotiations
are
continuing.
6.
Under
Pennsylvania law as interpreted by this Court,
the
terms of
the
expired CBA continue as long as APSCUF does not go on strike.
Luzerne Intermediate Unit No. 18 v. Luzerne Intermediate Unit Educ. Ass n,
89 A.3d 319 (Pa .
Cmwlth.
2014).
7. APSCUF
and
the State
System
have been
negotiating for
a
successor CBA since August,
2014,
and
have
been in
mediation pursuant
to
§80 1 of PERA, 43 P.S.
§1101.801, since September,
2014. Negotiations for a
successor CBA are
ongoing.
Negotiations are
currently scheduled
for August
21 and 26, 2015.
8. In 2014 the
Pennsylvania
legislature amended the Child
Protective Services Law ( CPSL ), 23
Pa.C.S.
§6301
et
seq., to require many
employees of
institutions
of higher education,
including
employees of the
State System, to obtain (1) criminal history
records checks
from the
Pennsylvania
State Police and the
Federal
Bureau of Investigation,
and 2)
certifications from the Pennsylvania Department
of Human
Services that
they were
not subject
to child
abuse
investigations, or
had not been
found to
be child
abusers,
as
a
condition
of continued
employment, and 3)
to report
any arrests or
convictions
for 20 enumerated
crimes
to
their employers.
Id.
§6344, §6344.3. Hereinafter, the
criminal history
records checks
and child
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abuse certifications
are collectively called background
checks.
The
arrest
and-conviction reporting requirements are called reporting
requirements.
9.
The date
for
compliance by employees subject to
the
2014
version of the CPSL was set as December 3 1, 2015.
10. In order to obtain the FBI background check, employees
must be
fingerprinted.
11. The
2014
version of the CPSL required repeated
background checks every 36 months.
12.
The
2014 amendments
to
the
CPSL
subjected most
members of
the
APSCUF faculty bargaining
uni
t
to the law's background
checks and reporting requirements because it applied to all employees who
came in contact with children
in
their
employment. That
is because almost
all faculty
members advise freshmen
students, and
freshmen may
still be
under age 18
when
they
matriculate in college. The CPSL
defined child as
anyone
under age 18.
13.
Under
authority of the 2014
amendments to
the
CPSL the
Board of Governors of the State System adopted a
policy
requiring all
State
System
employees to comply
with
the
background check
and reporting
requirements
of the
law. A copy of
the
policy,
entitled Protection of Minors
policy ( policy''),
is
attached as
Exhibit
A hereto. The State System also told
APSCUF that it would discharge persons who failed the background
checks,
and
stated
that
it
would
impose discipline, up
to and
including discharge, on
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employees
who
failed
to obtain background checks and meet its
reporting
requirements.
14. The State System
did not immediately
implement
the
background check requirements of the law.
15. On July 1, 2015,
the
CPSL
was
amended by Act 15 of
2015, a copy of which
is attached
as
Exhibit
B hereto.
Act
15 exempts
employees of ins1 .itutions of higher education from the above-described
background check and reporting requirements of
the
law if their direct
contact with children is limited
to
matriculated students enrolled with
the
institution and
prospective
students visiting
a campus. Act 15
of 20
1
5,
Section 5;
23
Pa.C.S. §6344 (a.1)(2). Act 15 also extends the requirement of
repeated background checks from 36months to 60 months.
16. The effect of Act
15
is
to
exempt almost
all
employees
within APSCUF s faculty bargaining
unit
from
the background check
and
reporting requirements of the CPSL. That is because
the
children with
whom
faculty members
routinely have
contact
are
matriculated students.
17. The
State
System has provided APSCUF with information
stating that 760 non-matriculated high
school
students took one or more
courses
at
the
14
State System universities
in
the
2014-2015 academic year.
Because some of those high school students were likely 18 years old or older
APSCUF believes, and therefore afore avers, that fewer than 760 non-
matriculated children took courses at State System universities
in
the
2014-2015 academic year.
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18.
The total
student enrolment of
the
14
State
System
universities in
the 2014-2015
academic
year
was
about
109 606.
19. In
academic
year 2014-2015
the
number
of
high
school
students total number of students and
number
of individual faculty
members at each State
System university
was as follows:
High School Total Total
Students
Students Faculty
Bloomsburg
201
9 998
540
California
71
7 978 412
Cheyney
0
1 022 96
Clarion 119 5 712 316
East
1
6 820 332
Stroudsburg
Edinboro 76 6 837
371
Indiana
75
14 369 777
Kutztown
1
9 218
457
Lock Haven 34 4 917 249
Mansfield
46
2 752 192
Millersville
47
8 047
481
Shippensburg 20 7 355 480
Slippery
Rock
7
8 495
416
West Chester
62
16 086
957
System Total
760
109 606
6 076
The figures
stated
above
for
total
students
and faculty are
for fall
semester
2014. The figures for
high
school students are the total for summer
school
2014 and for
academic
year
2014-2015
combined.
20. APSCUF believes and therefore
avers
that non-
matriculated high school students who
take
university courses commonly
enroll in
the same
course.
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2 1. APSCUF believes and
therefore
avers, that fewer than 600
of its 6000-person-plus
bargaining unit
have non-matriculated
children in
the
courses that they
teach.
22. APSCUF believes
and
therefore
avers, that fewer
than
600
of the
faculty
members
in
its
6,000-person-plus bargaining unit
are subject
to the background checks and
reporting
requirements
imposed
by
the
CPSL
as amended by Act 15 of 2015, because they have no contact with un
matriculated children.
23. Act 15 constitutes,
in
part,
a legislative
determination
that
the prior provisions of the CPSL insofar as they applied to employees of
institutions of higher education, were excessive and
not necessary. Act
15
clearly
exempts
many
employees of institutions
of higher
education,
including those of the State System, from background check and
reporting
requirements.
24.
On July 21, 2015,
APSCUF demanded
that
the
State
System bargain
over its policy to the
extent that it imposes
obligations
on
members
of its bargaining unit
in
excess
of the requirements of
the
CPSL.
25. On
July
24,
2015,
the State System told APSCUF
orally
that it will
not
bargain over exempting any employees from the aforesaid
policy imposing background checks and reporting requirements in
excess
of
those
required by
the CPSL.
At
the same time
it
told APSCUF that
it would
enforce the policy by discharging
employees who do
not comply wit it. On
August 7, 2015, the State
System
refused to bargain in writing.
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26. On July
27,
2015, APSCUF learned that as of July 10,
2015,
the State System had begun to implement its policy
requiring
background checks of all employees.
27. Faculty members n APSCUF s bargaining unit
resume
active
employment
at State
System universities after
the summer recess
when classes begin for
the
fall semester on August 24, 2015.
28.
On
August 18, 2015, APSCUF filed
an unfair
practice
charge with
the
Pennsylvania Labor
Relations
Board ( PLRB ) under
§1201(a)(l)
and
5)
of
PERA,
43
P.S.
§l
101.1201(a)(l)
and
(5),
asking the
PLRB
to
find that
the
State System is violating PERA by refusing
to
bargain
with
APSCUF over
application of
its
policy to
faculty who
are not subject
to
the
CPSL. A copy
of that unfair
practices charge is
attached
as
Exhibit
C
hereto.
29. The State System s unilateral
adoption
of
and impending
enforcement
of its
policy
of requiring background
checks and reporting
requirements
on
faculty members
who are
statutorily exempt under
the
CPSL:
a) abridges APSCUF's right to bargain that is protected by
PERA,
b)
disrupts the
status quo that must be maintained under
the expired
CBA,
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c) upsets
the
respective
bargaining
power of APSCUF and the
State
System
allowing the
State
System an
unfair advantage in
bargaining.
30.
On
August 7, 2015, APSCUF filed a grievance alleging that
the
application of
the
policy to
employees
exempt
from the
CPSL violates
the
CBA betWeen APSCUF and the State System. A copy
of
that
grievance
is
attached
as Exhibit D hereto.
31. The policy s requirements that current employees
who
are
not
subject
to
the
CPSL
provide
the
State System with background checks
and report arrests and
convictions,
and imposing the penalty of
discharge
for
non-compliance,
are mandatory
subjects for bargaining under PERA.
32. The
background checks and reports
of
arrest and/or
conviction that will
be reported to
the State
System
under the policy contain
life-long records
of
convictions and certain
records
of
arrests,
including
arrests
and convictions that have no relationship to
abuse
of
children. Such
information
when
communicated to
the employee s
employer will expose the
employee
to
discrimination,
disadvantage
and prejudice when
applying for
rehire, tenure, promotion, and assignment or selection
to positions
of
authority
and
prestige, and otherwise harm the employees stature and
reputations, and constitutes irreparable
harm
to such employees.
33. n injunction prohibiting
the State
System
from
applying
the policy to employees
who are exempt
from
the
CPSL
until
the PLRB
determines whether or not an unfair practice
has
occurred is necessary
to
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preserve
the
bargaining rights of APSCUF and to preserve
the
status
quo
as
required
by
Luzerne Intermediate Unit,
supra.
34. No injury will be imposed
on the
State System if
an
injunction issues barring
application of
the
policy to employees
who
are not
subject
to
the background check and
reporting
requirements
of
the CPSL.
35.
By
applying
the policy to employees who
are
now
exempt
from the requirements
of
the
CPSL,
thus
forcingAPSCUF to attempt to
bargain for exemption from the policy, rather than
have
the State System
bargai
n for
application
of the
policy, APSCUF s
bargaining
power
is damaged.
This damage to APSCUF s bargaining power
constitutes
immediate
and
irreparable injury
and disrupts labor
peace.
Greater
Nanticoke Area
Educ.
Ass n v.
Greater
Nanticoke Area
School
Dist., 938 A.2d
1177,
1185-1186 (Pa.
Cmwlth. 2007).
36. n injunction to preserve the status quo pending
resolution of
unfair
practice
charges and grievances
over
the employer s duty
to
bargain, in order
to
protect the bargaining rights
of
APSCUF, is required
under Mazzie v
Commonwealth,
495
Pa. 128, 432 A.2d 985 (1981).
WHEREFORE, Petitioner APSCUF asks
the
Court to enter a
preliminary injunction and, after further hearing, a
permanent
injunction,
prohibiting
Respondent
State
System
from
applying
the
policy insofar as
it
requires background checks and
imposes reporting
requirements
on
· employees who are exempt
from the
background check and
reporting
provisions of
the
Child Protective
Services
Law pending adjudication of
the
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aforesaid
unfair practice
charge and
grievance or
resolution
of the issue
through collective
bargaining.
Date: I ; t ;:
Respectfully
submitted,
STROKOFF COWDEN, P.C.
By: 7
·Cowden
I.D. No.
20082
JennlierA.Nacham.kin
I.D. No.
200931
132 State Street
Harrisburg,
PA
17101
(71
7) 233-5353
11
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Policy 2014-01
Protection of Minors on
Campus
~
~ d J
Policy 2014 01 A: Protection of Minors
Pennsylvania s
State System of Higher Education
Board
of
Governors
Effective:
December 31, 2014
See Also:
Page
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Download-Printable PDF)
Board of Governors' Policy 2009-01
Board of Governors' Policy 1991-04-A
Board
of
Governors' Policy 2009-03
Board
of
Governors' Policy 1985-04-A
PASSHE Procedure/Standard Number 2013-15
Adopted: July
8,
2014
Amended
: January 22, 2015
A.
Purpose
and Scope
The purpose
of
this policy is to promote the safety and security
of
children who participate in programs held on
Pennsylvania State System
of
Higher Education (PASSHE) university property. This policy applies to all PASSHE
universities, their sponsoring units, and the Office
of
the Chancellor. All PASSHE administrators, faculty, coaches,
staff, students, independent contractors, and volunteers in PASSHE university-sponsored programs or in programs
for minors held on university property must comply with this policy.
This policy applies to all programs and activities involving minors that fall within the scope of this policy, including
graduate and undergraduate course offerings, programs operated by the university
or
non-university-sponsored
programs
on
campus, and programs under the direction and authority
of
the university at locations off campus. This
policy applies to such programs and activities whether they are limited to daily activities or involve the housing
of
minors. Examples
of
programs governed by this policy include, but are not limited to, summer camps, specialty
camps (e.g., academic and patient camps), outreach activities, workshops, conferences, tutoring, educational
programs, licensed child care facilities and programs, and affiliated entity activities. All programs subject to state
licensure are required to comply with applicable laws and regulations. Program administrators should consult with
the appropriate vice president and university legal counsel regarding licensure questions.
Except for the reporting
of
child abuse, this policy does not apply
to:
(1) events on campus that are open to the
general public and which minors attend at the sole discretion
of
their parents or legal guardians,
2)
private events
where minors attend under parental
or
legal guardian supervision, or (3) other programs as may
be
designated by
the university president or designated official in advance and
in
writing as exempt from this policy or specific
provisions
of
this policy. ·
B.
Definition
s
Affiliated Entity:
A private organization (typically classified as a 501 (c)(3) nonprofit organization for federal tax
purposes) that exists solely
for
the benefit
of
the university and is recognized as such by the university's council of
trustees or the Board
of
Governors, including, but not limited to, foundations, alumni associations, and student
associations. For more information on affiliated entities, see Board
of
Governors' Policy 1985-04-A:
niversifr
XHI IT
http://www.passhe.edu/inside/er/protectionofminorsiPages/Policy-2014-0 l.aspx
I
a
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Policy 2014 01
Page
of5
External
Finar:icial
Support and PASSHE Procedure/Standard Number 2013
15
Relationships
wffh
Affiliated
Entities
Authorized Adults
or Program
Staff: Individuals; paid
or
unpaid, who may have direct contact, interact with, treat,
supervise, chaperone, or otherwise oversee minors. This includes, but
is
not limited to, faculty, staff, volunteers,
graduate and undergraduate students, interns, employees
of
temporary employment agencies, and independent
contractors. Roles of authorized adults or program staff include, but are not limited to, positions as counselors,
chaperones, coaches, instructors, health care providers, and outside providers running programs in leased facilities.
This definition does not include temporary guest speakers, presenters,
or
other individuals who have no direct
contact with program participants other than short-term activities supervised by program staff; or fellow
students_
whose only role
is
as a participant
in
the education, services, or program offered. ·
Child Abuse:
Child abuse is defined
in 23 Pa
. C.S.
§6303.
That definition includes nonaccidental actions or
omissions that cause serious physical or mental injunes to a child, or sexual abuse/sexual exploitation of a child
including:
1
Physical Abuse: Acts
or
omissions that cause,
or
fail to prevent, a serious physical injury to a child.
2.
Sexual Abuse: Includes, but
is
not limited to, rape, sexual assault, molestation, incest, indecent exposure,
or
otherwise exploiting a child
in
a manner
in
which the child is ·used for gratification or sexual enjoyment by another
person.
3.
Emotional or Mental Abuse: Acts or omissions that have an actual
or
likely severe negative impact on a child's
emotional and behavioral development, including those resulting from persistent
or
severe emotional
mistreatment.
4. Neglect: A severe
or
persistent failure to provide for a child's physical, emotional,
or
basic needs.
Direct Contact:
Providing care, supervision, guidance, or control;
or
routine interaction with minors.
Independent Contractor:
An individual who provides a program, activity,
or
service to a State System entity that is
responsible for the care, supervision, guidance, or control of children.
Mandated Reporter: In a situation of suspected child abuse, all PASSHE administrators, faculty, coaches, staff,
student workers, independent contractors, and volunteers are considered mandated reporters.
Minor/Child:
A person under
18
years
of
age. Minors may be enrolled undergraduate/graduate students; students
dually enrolled with the university and
in
elementary, middle,
or
high school; employees; or participants
in
program
activities.
One-on-One
Contact:
Personal, unsupervised interaction between any authorized adult or program staff and a
participant without at least one other authorized adult or program staff, parent, or legal guardian being present.
Program, Activity
or Service:
Programs, activities, or services offered by various academic
or
administrative units
of
the university, or by nonuniversity groups using university facilities where the parents or legal guardians are not
responsible for the care, custody, or control
of
their children. This includes, but is not limited to, workshops, services;
camps, conferences, campus visits, and similar activities. These do not include organized events where parents or
legal guardians are responsible for minors.
Program
Administrator: The person(s) who has primary and direct operational responsibility for managing a
program.
Registry:
An official record
or
list
of
authorized adults
or
programs.
Sponsoring Uni t: The academic or administrative unit
of
the university that offers a program or gives approval for
the use
of
university facilities.
State System Entity: One
of
the State System universities or the Office of the Chancellor.
University
Facilities: Facilities owned by or under the control
of
a State System entity, including spaces used for
educatiorJ, athletics, dining, recreation, university housing, and on-campus affiliate-owned housing.
University Sponsored Programs: Programs that are directly managed by university faculty, staff, and affiliated
entities on behalf of the university.
All
university-sponsored programs must be registered.
Non University Sponsored Programs: Programs that are not operated on behalf of the university or under the
university's control.
C.
PoUcy
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Policy 2014 01
Page
of5
Each State System entity offering or approving programs that involve minors within the scope
o
this document will
establish and implement policies and procedures consistent with this policy. The chancellor, after consultation with
the chair o the Finance, Administration, and Facilities Committee
o
the Board, may promulgate procedures,
standards, and guidelines as necessary to ensure proper Implementation o this policy. The locally established
policies and procedures will, at a minimu·m, include the following requirements.
1 uthorized dults and Program Registration
Each university is responsible for establishing and maintaining a registry o university-authorized adults, program
staff, and programs for minors. All programs must be registered within sufficient time to meet the requirements o
this policy, and policy requirements should be met no later than 30 days before the program start date. Programs
must be registered annually. ·
2 Program Registration Requirements
The following topics must be addressed in planning and evaluating registered programs:
a.
Identification, selection, and screening
o
authorized adults or program staff, including criminal background
checks.
b. Training for authorized adults or program staff.
c.
Supervision ratio.
d. Safety and security planning.
e. Participation requirement forms.
f. Transportatia11.
g. Housing.
h. Response protocols when there
is
an injury or illness.
i.
Response protocols when
an
authorized adult or program staff is accused
o
misconduct.
j . Response protocols when a participant is accused
o
misconduct.
k.
Program orientation
or
information for minors and parents.
I.
Insurance requirements.
m. Record retention.
3 uthorized dults or Program Staff Code of Conduct
Authorized adults or program staff should be positive role models for minors and act in a responsible manner
that is consistent with the mission o the State System entity. Authorized adults or program staff are required to
comply with all applicable laws and PASSHE Board o Governors and university policies. Authorized adults or
program staff working in programs covered by this policy must follow these expectations.
a. Do not engage in any sexual activity, make sexual comments, tell sexual jokes, or share sexually explicit
material with mineirs or assist in any way to provide access to such material to minors.
b. Do not engage or allow minors to engage you in romantic or.sexual conversations or related matters.
Similarly, do not treat minors as confidantes; refrain from sharing sensitive personal information about
yourself. Examples
o
sensitive personal information that should not be shared with minors are information
about financial challenges, workplace challenges, drug
or
alcohol use, and romantic relationships.
c. Do not touch minors in a manner that a reasonable person could interpret as inappropriate. All personal
contact should generally only be in the open, and in response to the minor s needs, for a purpose that is
consistent with the program s mission and culture, or for a clear educational, developmental, or health-
· elated purpose e .g., treatment
o
an injury). Any refusal or resistance from the minor should be respected.
d. Do not use harassing language that would violate Board of Governors Policy 2009-03:
Social Equity or
university harassment policies.
e. Do not be alone with a minor. If one-on-one contact is required, meet in open, well-illuminated spaces or
rooms with windows observable by other authorized adults or program staff, unless the one-on-one contact is
expressly authorized by the program administrator
or
is being undertaken for medical care.
f Do not meet with minors outside
o
established times for program activities. Any exceptions require written
parental authorization and must include more than one authorized adult_ r program staff.
g.
Do not invite individual minors to your home
or
other private locations. Any exceptions require authorization
by the program administrator and written authorization by a parent/guardian.
h.
Do not provide gifts to minors or their families independent
o
items provided by the program.
i.
Do
not engage or communicate with minors except for
an
educational or programmatic purpose; the content
of the communication must
be
consistent with the mission of the program and the university.
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Policy 2014 01
Page of5
j . Do not engage in any abusive conduct
of
any kind toward, or in the presence of, a minor, including, .
but
not
limited to, verbal abuse, striking, hitting, punching, poking, spanking, or restraining.
If
restraint is necessary to
protect a minor or other minors from harm, all incidents must be documented and disclosed to the program
administrator and the minor s parent/guardian.
k Do not use, possess, or be tinder the influence of alcohol or illegal drugs while on duty, or in the presence of
minors involved
in
a program, or when responsible for a minor s welfare.
I
Do
not
provide alcohol or illegal substances to a minor.
m. Do not provide medication to a minor unless authorized by the program s medication management
guidelines.
n. When transporting minors, more than one authorized adult or program staff from the program must be
present in the vehicle, except when multiple minors will be in the vehicle at all times through the
transportation. Avoid using personal vehicles if possible and comply with the program s transportation
guidelines.
Violations of any of the forgoing shall
be
reported to the program administrator.
4 Criminal Background Screening
At a minimum, all employees and volunteers are required to have criminal background screening clearances in
accordance with applicable procedures, standards, and guidelines as established by the chancellor.
Before being allowed to use or lease university facilities, program administrators and/or independent contractors
of non-university-sponsored programs, or nonuniversity groups and/or independent contractors providing
services to university-sponsored programs are required to certify that they have conducted criminal background
checks and determined the fitness of all authorized adults and program staff
5
Participant Requirements
Minors and parents or legal guardians of minors must submit required forms before minors will be allowed to
participate. These forms may include, but are not limited to, a participation agreement, health form, emergency
contact form, proof
of
medical insurance, photo and recording release, and participant code of conduct.
6 Training
All authorized adults or program staff working with minors are required to be trained on policies and issues
related to minor safety and security. The training will be offered and completed when needed and may vary
based on the role of the authorized adult. Documentation of training completion is required to be maintained by
the program administrator. Program administrators· of non-university-sponsored programs
or
nonuniversity
groups providing services to university-sponsored programs are required to certify that they have satisfactorily
completed required training before being allowed ·to use university facilities. Training will include topics such as :
a Detecting and reporting child abuse
b First aid/CPR and·medication management.
c. Participant conduct management and disciplinary procedures.
d. Authorized adult or program staff code of conduct.
e Sexual and other unlawful harassment.
f Safety and security protocols.
g.
Crime reporting procedures.
7 Reporting Obligations
a
Reporting of Child Abuse
In a situation of suspected child abuse, all members of the university community, contractors, and volunteers are
mandated reporters under this policy. Everyone who is deemed a mandated reporter pursuant to this policy shall
be trained as
if
designated mandated reporter by Pennsylvania law.
All mandated reporters shall make an immediate report of suspected child abuse or cause a report to be made if
they have reasonable cause to suspect that a child is a victim of child abuse under any of the following
circumstances:
(1) The mandated reporter comes into contact with the child in the course of employment, occupation, and
practice of a profession or through a regularly scheduled program, activity, or service. ·
(2) The mandated reporter
Is
directly responsible for the care, supervision, guidance, or training of the
child, or
is
affiliated with
an
agency, institution, organization, school, regularly established church or
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Policy 2014 01
Page of
religious organization,
or
other entity that is directly responsible for the care, supervision, guidance, or
training of the child.
(3) A person makes a specific disclosure to the mandated reporter that
an
identifiable child is the victim
of
child abuse.
(4) An individual 14 years
of
age or older makes a specific disclosure to the mandated reporter that the
individual has committed child abuse.
The minor is not required to come before the mandated reporter in order for the mandated reporter to make a
- • child abuse. The mandated reporter does not need to determine the identity
of
the person
PUBUC FF IRS • child abuse to make a report of suspected child abuse.
- - - · ·
..............Maiiaated repo fters must immediately make an oral report
of
suspected child abuse to the Depar tment
of
Human
Services (OHS) by calling 1-800-932-03.13, or a written report to OHS using electronic technologies when
available. If
an
oral report is made, a written report shall also be made within 48 hours to OHS or the county
agency assigned to the case as prescribed by OHS.
Immediately following the report to OHS, the mandatory reporter must notify the designated person in charge at
the university who will assume responsibility for facilitating the university s cooperation with the Investigation of
the report. More than one report of the suspected abuse is not required.
b. Reporting
of
Arrests and Convictions
All employees, volunteers, and program administrators must provide written notice to the designated person in
charge at the university if they or
an
authorized ·adult or program staff are: (1) arrested for, or convicted of, an
offense that would constitute grounds
for
denial
of
employment or participation
in
a program, activity, or service;
or (2) are named
as
a perpetrator in a founded
or
indicated report under the Child Protective Services Law (23
Pa.C.S. §6301, et seq.). The employee, volunteer,
or
program administrator shall provide such written notice
within 72 hours
of
arrest, conviction,
or
notification that the person has been listed as a perpetrator in the
statewide database. The failure
of
an employee or program administrator to make a written notification, as
required,
is a misdemeanor
of
the third degree. .
If
the employer or program administrator has a reasonable bel ief that
an
employee or volunteer has been
arrested or convicted of a reportable offense or was named as perpetrator
in
a founded or indicated report under
the Child Protective Services Law, or
if
an employee or volunteer has provided notice of activity that would be
sufficient to deny employment or program participation, the employer must immediately require the employee or
volunteer to immediately submit current information for required criminal background screening clearances in
accordance with applicable procedures, standards, and guidelines as established by the chancellor.
8.
Facilities Use Agreements
Universities licensing, leasing,
or
allowing the use
of
university facilities for noo-university-sponsorep programs
or events primarily serving minors are required to include language in the agreement requiring identification of
authorized adults or program staff, supervision ratios, adult code of conduct, training, and background screening.
consistent with this policy. ·
D. Effective Date: December 31, 2014.
- I
· 1 •
I I
- ·
I i
2986
N
2nd
Street.
Harrisburg. PA
17110-1201
717)
720-4000
About Us
.
Job Opportunities
Doing Business with
the State
System
Right to Know
Feedback
Staff Directory
Ad
min
Dixon University Center
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Center City
• Philadelphia
Marine
Science
Consortium
Map
of State
System Universities
Fraud,
Waste and
Abuse Hotline
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•
Act ofJul. 1, 2015,P.L 94,
No. 15
ci 23
-
DOMESTIC RELATIONS CODE
(23 PAC.S.) -
OMNIBUS
AMENDMENTS
DOMESTIC
RELATIONS
CODE (23
PA.C.S.) OMNIBUS
MENDMENTS
Act o f Jul . 1 2015, P.L. 94, No. 1 5
Cl.
23
S
ess ion
of 2
015
No . 2 015-1 5
HB
1 276
AN
ACT
Amending T i t l e
23 (
Domestic
Rela t ions ) of t he Pennsylvania
Consol ida ted St a t u t e s ,
in ch i ld
pro t e c t i ve
se rv ices ,
fu r t he r
provid ing
for d e f in i t i ons, fo·r
persons
r equ i red to
r epo r t
suspec ted c h i ld abuse , fo r
access
to in format ion in
Sta tewide
database ,
fo r r e l ease
of
in fo rma t ion
in
c on f ide n t i a l r e po r t s , fo r emp l oyees having contac t with
ch i ld ren and adopt ive and
fos
t e r pa re n t s ,
fo r
in format ion
r e l a t ing to
c e r t i f i e d
or r e g i s t e r e d day-care home r e s i de n t s ,
fo r volunte e r s having contac t with c h i ld re n , for cont inued
employment or
par t i c ipa t ion in
program,
a c t i v i t y or se rv ice ,
for c e r t i f i c a t i o n compliance, for educa t ion and t r a i n i ng and
for mandatory r epo r t i ng of ch i ld ren
under
one
year of age.
The
General Assembly of
the
Commonwea l
th
o f Pennsylvania
hereby
enac ts as fol lows:
Sec t ion
1.
The de f i n i t i ons of
c h i ld -c a re s e rv i c e s ,
independent c on t r a c to r , pe rpe t r a to r , person respons ib le
for the ch i ld ' s
wel fa re , program, a c t i v i t y
o r
se rv ice ,
school
and school
employee
in
sec t ion
6303(a) of
Ti t l e 23
of the Pennsylvania Consol ida t e d
S ta tu t e s
are
amended
and the
se c t ion is
amended
by
adding
def in i t ions to
read :
§
6303. Def in i t ions .
(a)
General
ru l e . - -The
fo l lowing
words
and
phrases
when
used
i n t h i s
chapte r sha l l
have
the meanings given to
them
in
t h i s sec t ion unless the contex t c l e a r l y i nd i c a t e s otherwise:
* * *
Adult
fami ly
member. A person 18 years o f age or
older
who has the re spons ib i l i t y
to
provide
care
or serv ices to an
ind iv idual with an i n t e l l e c tua l
d i sab i l i t y
or chronic
psych ia tr i c d i sab i l i t y .
* * *
Chi ld-care se rv ices . Inc ludes any of
the
fo l lowing :
(1) Child day-care
cen te r s .
(2 ) Group day-care homes.
(3 ) Family
[day-care
]
chi ld-care
home s .
(4) Fos te r
homes.
(5) Adoptive pa ren t s
.
(6)
Boarding
homes fo r
ch i ld ren .
(7) Juveni le
de ten t ion cen te r se rv ices
or programs
fo r
del inquent o r dependent
ch i ld ren . ~ ~ . . .
8 Mental hea l
th se rv ices
fo r
c h i ld re n .
I
EXHIBIT
(9)
·
Serv ices fo r
ch i ld ren
with
i n t e l l e c t u a l
d i s a b i l i t i e s .
(10) Early
i n t e rve n t ion
se rv ices
fo r
ch i ld ren .
(11)
Drug and a lcohol
services
for
ch i ld ren .
i ~
(12)
Day-care
s e rv i ces
or programs
t h a t
are
of fe red
by
a ·
school .
(13)
Other
ch i ld -ca re
services
t h a t
a re
provided
by
or
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{12812015 . ct of Jul. 1, 2015,P.L 94, No. 15CI. 23 - DOMESTIC
RELATIONS
CODE
23
PAC.S. - OMNIBUS AMENDMENTS
sub jec t
to
approva l ,
l i c e ns
.ure ,
r e g i s t r a t i o n
or
c e r t i f i c i t i o n by the depar tment
or
a
county soc ia l se rv ices
agency or t ha t are
provided pursuant
to a
cont rac t
with
the
department or a county soc i a l s e r v i ce s agency.
The term does not apply to
se rv ices
provided by admi n i s t r a t i ve
o r
other suppor t pe rsonne l un less the
·
admin is t ra t ive o r other
suppor t
personne l have d i r e c t contac t with
ch i ld ren .
* * *
Direc t vo l un t ee r c on ta c t . The
c ~ r e superv i s ion ,
guidance
or
cont ro l
o f
ch i ld ren
and
r ou t i ne
i n t e rac t ion
with
ch i ld ren .
nEducat ion e n t e rp r i se .n n
educa t iona l
a c t i v i t y in
t h i s
Commonwealth:
(1) fo r
which
co l l ege c red i t s or cont inu ing educa t ion
un i t s
a re
awarded, cont inu ing
pro fe s s iona l
educa t ion i s
of f e r ed o r t u i t i o n
or fee s
are
charged o r
co l l ec ted ; and
(2) t h a t i s sponsored by a corpora t ion , e n t i t y or
i n s t i t u t i o n t h a t i s
inco rpo ra ted
o r
au tho r ized by
o the r
means in a
s t a t e
o t he r than t h i s Commonwealth
and i s
approved
and au thor i zed
-
to
opera te
in
t h i s Commonwealth
under 15
Pa.C.S.
Pt .
I I Subpt . B
( r e l a t i ng
to bus iness
corpora t ions ) o r C ( r e l a t i ng to nonprof i t corpora t ions ) and
24
Pa.C.S.
Ch. 65 ( r e l a t i ng to
pr iva t e co l leges ,
un ive r s i t i e s
and
seminar ies) .
* * *
Family c h i l d - c a r e home
. A re s idence where c h i l d day
care
i s provided a t any t ime
to
no l e s s
than
fou r ch i ld ren and no
more
than
s i x ch i ld ren
who
are
not r e l a t i v e s of
the careg iver .
* *
*
Immediate v ic in i t y . n area in which an i nd i v i dua l i s
phys i c a l l y p re s e n t
wi th a
ch i ld and can see , hea r , d i r e c t and
assess the a c t i v i t i e s of the ch i ld .
Independent con t rac to r .
An
i nd iv idua l
who provide s a
program, a c t i v i t y or se rv ice to an agency, i n s t i t u t i o n ,
organ iza t ion
or o t he r en t i t y , inc lud ing a school or
r e gu la r ly
e s t a b l i s he d r e l i g i ous
organ iza t ion ,
t h a t
i s
respons ib le fo r
th
e
care , supervis ion,
guidance or
cont ro l
of ch i ld ren . The t e rm
does not [ inc lude
an i nd iv idua l who has no]
apply to
admin is t ra t ive
o r
othe r
suppor t personne l un less the
admi n i s t r a t i ve
o r
othe r
suppor t
personne l
have d i r e c t
contac t
with
ch i ld ren .
* *
*
r i ins t i tu t ion of h ighe r educa t ion .
Any
of the fo l lowing:
(1) A
community co l l ege
which
i s
an
i n s t i t u t i o n
now
or
he re a f t e r
c rea ted
pursuant to
Ar t i c l e
XIX-A of the a c t o f
March 10,
1949
(P .L.30,
No.14) ,
known as
the
Publ ic School
Code of 1949, or the ac t
o f
August 24, 196.3 (P.L.1132,
No.484) ,
known as the Community Col lege
Act of
1963.
(2
)
n
independent
i n s t i t u t i o n
o f h igher
educa t ion
which . i s
an
i n s t i t u t i o n
o f higher educa t ion l oca ted in
and
i ncorpora ted
o r cha r t e r ed by the
Commonwealth, e n t i t l e d
to
confe r
degrees
as se t fo r th
in
24
Pa.C.S. §
6505
.
( r e l a t i ng
to power
to
confe r degrees) and
e n t i t l e d
to
apply
to
i t s e l f
the des igna t ion co l lege ,
un i ve r s i t y
or
seminary as
provided fo r
by
s tandards
and qua l i f i c a t i ons
presc r ibed
by
the S ta t e
Board
o f
Educat ion under 24 Pa.C.S.
Ch.
65.
(3)
A
State-owned
i n s t i t u t i o n .
(4) A S t a t e - r e l a t e d
i n s t i t u t i o n .
(5) n educa t ion e n t e rp r i se .
* * *
nMatr icu la ted
s tude n t .
A
s tuden t who i s
en r o l l ed
in
an
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Act of Jul.1, 2015,P.L 94 No. 15CI. 2 DOMESTIC RELATIONS CODE 23 PAC.S.) - OMNIBUS AMENDMENTS
i n s t i t u t i o n o f higher
education and
pursuing a
program
o f
s tudy
that r e s u l t s
in
a postsecondary
c r e d e n t i a l ,
such as a
c e r t i f i c a t e ,
diploma
or degree .
* * *
Pe rpe t r a t o r .
A person who has committed ch i ld abuse as
def ined in
t h i s sec t ion .
The fo l lowing sha l l apply:
(1) The term includes
only
t he fo l lowing:
( i)
A parent
of
the
c h i l d .
( i i ) A spouse or former spouse of the ch i ld s
paren t .
( i i i ) A paramour or f ormer paramour of the c
h i l d ' s
paren t ·.
(iv) A person
14 years of
age or older
and
r espons ib le for the c h i l d ' s welfa re or
having
direc t
contact
with
chi ldren as
an employee o f ch i ld - ca re
serv ices , a school
or
through a program, a c t i v i t y or
serv ice .
_ (v) An individual 14 years of
age
or older who
re s ides in
the same
home as the
ch i ld .
(vi) An i nd iv idua l 18 years of age or older who do es
not
re s ide in
the same
home as the
ch i ld but
i s
r e l a t e d
within the
t h i r d
degree of consanguin i ty or a f f i n i t y by
b i r t h
or adopt ion to
the
ch i ld .
(2) Only the following
may
be considered a
pe rpe t r a t o r
fo r f a i l ing to ac t , as provided in t h i s sec t ion :
(i ) A parent
of the ch i ld .
( i i ) A spouse or former spouse o f
the
ch i ld s
paren t .
( i i i )
A
paramour
or former paramour
of the c h i l d ' s
paren t .
· (iv) A person 18 years
of age or
older
and
r espons ib le
for
the c h i l d ' s welfare .
(v) A person
18
years of age or older who re s ides in
th e same home
as
the
ch i ld .
* *
*
P
e
rson
r espons ib le
for
the
ch i ld
s welfa re . A
person
who
provides permanent
or
temporary ca re , supervis ion, mental
hea l th diagnos is o r t rea tment , t r a in ing or
cont ro l
of a ch i ld
in
l i e u
of pa re n t a l care,
superv i s ion
and
cont ro l . [The term
inc ludes
any
such person who
has d i r e c t
or
regu la r
contac t with
a
c h i l d through any program,
a c t i v i t y
or
s ~ r v i e sponsored
by
a
school , f o r - p r o f i t
organiza t ion
or
re l ig ious
or other no t - fo r
p ro f i t organ iza t ion . ]
* * *
Program,
a c t i v i t y
or s e rv ice . [A publ i c or pr iva te
educat ional , a t h l e t i c or o
t he r
pursu i t
in which
ch i ld ren
p a r t i c i p a t e .
The
term inc ludes , but i s
not
l imi ted to , the
fol lowing:]
Any
o f
the
fo l lowing in
which
ch i ldren
p a r t i c i p a t e
and
which
i s sponsored by a school or a publ i c or
private
organizat ion:
(1) A youth camp
or
program.
(2) A rec rea t iona l
camp
or program.
(3) A spor t s or a t h l e t i c program.
(4) [An] A community
or
so c i a l outreach program.
(5) An
enrichment
or educat iona l
program.
(6) A t roop,
club
or s imi la r organ iza t ion .
* * *
Routine in t era ct io n .
Regular
and repeated
contact
that
i s
in tegra l to
a person's
employment
or volunteer
r e s p o n s i b i l i t i e s .
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Act ofJul.
1,
2015,P.L 94, No.15C
I.
3 DOMESTIC RELATIONS CODE
(23
PAC.S. - OMNIBUS AMENDMENTS
* * *
11
School.
11
A f ac i l i t y
prov id in
·g elementary,
secondary
or
pos tsecondary educa t iona l se rv ices . The t
erm inc ludes the
fo l lowing:
(1) Any school
of
a
school
d i s t r i c t .
(2) An
area voc a t i ona l - t
e chnical school .
(3)
A
j o in t school .
(4) An
in termedia te
un i t .
(5)
A char te r school or reg i onal char t e r
school .
(6)
A
cyber
char t e r
school .
(7) A
pr iva te
school l i censed
under
the ac t
of
January
28,
1988
(P .L.24, No.11) , known as the
Pr iva te
Academi c
Schools
Act .
(8)
A pr iva te school
accredi ted
by an
acc red i t ing
assoc ia t ion approved by t he S ta t e Board of Educat ion.
(9) A
nonpublic school .
(10) [A corrununity
col lege
which
i s
an i n s t i t u t i o n now
or
herea f t e r crea ted pursuant to
Art ic l e
XIX-A
of
t he ac t
of
March 10, 1949 (P.L.30, No.14),
known
as the
Pub
l ic School
Code of 1949, or the ac t
of
August 24,
1963
(P.L.1132,
No.484) , known as t he Community College Act
of
1963.
(11) An independent
i n s t i t u t i o n
of higher
educat ion
which
i s
an
i n s t i t u t i o n
of
higher
educat ion
which
i s
opera ted not for p ro f i t , l
ocated
in and i ncorpora ted or
char te red
by the
Commonwealth, e n t i t l e d
to confer degrees as
se t
fo r t h
in 24 Pa.C.S. §
6505
( re l a t ing to power to confer
degrees)
and e n t i t l e d to apply to
i t s e l f the des igna t ion
co l l ege
or
univers i ty
as provided fo r by s tandards
and
qua
l i f i c a t i o n s presc r ibed by
the
State
Board of
Educat ion
pursuant
to 24 Pa.C.S.
Ch.
65
( re l a t ing
to
pr iva te
co l leges ,
u n i v e r s i t i e s and seminar i es ) .
(12)
·A State-owned
unive rs i ty .
(13)
A Sta t e - re l a t ed un ive r s i t y . ] n i n s t i t u t i o n
o f
higher educa
ti on
(14)
A
pr iva t
e
school
l
i censed
un
der
the
ac t
of
December
15, 1986 P.L.1585, No. 174 ) , known as the
Pr iva
te
Licensed Schools
Act.
(15 )
The Hiram
G
Andrews Center .
(16) A pr iva te r e s id e n t i a l
r ehab i l i t a t ive
i n s t i t u t i o n
as
def ined in sec t ion 914.1-A(c)
of
the
Publ ic
Schoo l Code
of 1949.
School
employee.
An ind iv idua l who i s
employed by
a
school
or who
provides
a program, ac t iv i ty
or
se rv ice
sponsored
by a school .
The
term [
excludes an i nd iv idua l
who
has no] does
not apply ~ dminis tr t ive or other support personnel
unles s
the dminis tr t ive
or
other support
personnel have d i r e c t
contac t
with
chi ldren.
* * *
Sect ion 2 .
Sect ion
6311(a ) (7)
and
(12)
of Ti t l e 23
a r e
amended and
the
subsect ion i s amended by
adding
a paragraph
to
read:
§ 6311. Persons
requi red
to repor t susp e c ted ch i ld abuse.
(a)
Mandated
repor te rs . - -The
fol lowing adul t s sha l l make
a
repor t of
suspec ted
ch i ld
abuse,
subjec t to subsect ion
(b) ,
i f
the person has
reasonable
cause to suspe c t t h a t a ch i ld
i s
a
vic t im
of ch i ld abuse:
* * *
(7) An i nd iv idua l pa id or unpaid, who, on the ba s i s of
the
i nd i v i dua l ' s
ro le
as an
i n t e g ra l
par t of a regu la r ly
scheduled program,
a c t i v i t y
or se rv ice ,
[accepts
:/MMM .leg
is.state.paus/MU01JlllLl/U
S/HTM12015/0/0015 .
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Actof Jul. 1 2015,P.L
94,
No. 15 Cl. 2 DOMESTIC
RELATIONS
CODE 23 PAC.S. - OMNIBUS AMENDMENTS
·
re spons ib i l i t y
fo r a
chi ld] s
a
person
respons i b l e
for the
c h i l d s welfare or has d ir e c t
contact
with
ch i l dren .
* * *
{12) n
ind iv idua l
superv ised or
managed
by a p
e r
son
l i s
t ed
under paragraphs (1) , {2), 3), · {4), 5) , 6) , {7),
8), 9), 10) [and] , 11)
and
13) , who has
d i r e c t contac t
with ch i ld ren in
the
course
of employment.
* -*
*
16) n a dul t fami ly
member
who
s
a person respons ible
f or
the
c h i l d s
welfare
and
provides s
erv ices
to
a
c h i l d
in
a family l i v i n g home, coilllltt1nity home for
i nd i v i dua l s
with an
i n t e l l e c t u a l
d i s a b i l i t y or
ho s t home f or ch i l dren which
are
subject to
superv is ion or
l i censure by the
department under
A r t i c l e s
IX
and
X
o f
the act o f
June
13, 1967 (P.L.31,
No.21) ,
known as
the
Publ ic
Welfare
Code.
* * *
Sec t ion 3. Sec t ion 6335
e)
of Ti t l e 23,
amended
Octob
e r
22 ,
2014 P.L.2529, No.153), i s amended to read:
§ 6335. Access
to
in format ion
in
Sta tewide databas e .
* * *
e ) [Clearances ] Ce r t i f i c a t i ons . - - In fo rm a t i on provided
in
respons e to i nqu i r i e s under sec t ion
6344
( re la t ing to employe e s
having
contac t
with ch i ld ren ; adopt ive and fo s t e r paren t s ) ,
6344.1 ( re l a t ing to in format ion r e l a t ing to c e r t i f i e d
or
[r eg i s t e red
day-c are
] l i censed ch i l d - care home
re s iden ts )
or
6344.2 {r e l a t i ng
to volunteers having contac t
with chi ld ren)
sh a l l not inc lude unfounded
repor t s
of
c h i l d
abuse or
repor ts
r e la ted
to genera l pro tec t ive
se rv ices
and sha l l be
l imi ted
to
the fol lowing:
. 1) Whether the person was named as a pe rpe t r a t o r
of
c h i l d abuse
in
a founded .
or ind ica ted
repor t .
2) Whether
the re i s
an i nves t iga t ion pending in which
the individual i s
an
a l leged
perpe t ra to r .
3)
The number,
da te
of
the inc idents
upon
which
the
repor t
i s
based
and
the
type of
abuse
or
neglec t
involved
in
any r epor t s
i d e n t i f i e d under
paragrap h 1) .
* * *
Sec t ion 4. Sec t ion 6340
a)
of Ti t l e 2
3, amended October
22,
2014 P.L.2529, No.153
) ,
i s amended by adding
a
paragraph to
read:
§ 6340.
Release
of in format ion
in conf iden t i a l
r e po r t s .
{a) General ru le . - -Repor t s spec i f i ed in sec t ion 6339
( r e l a t ing to con f iden t i a l i t y
of
repor t s ) sha l l only
be made
ava i l ab le
to :
*
* *
18)
The
Department
o f the Auditor
General in
conjunct ion with
the
performances o f the
dut i e s
des ignated
to
the
Off ice
o f
Audi.tor
General ,
except that
the Auditor
General
may not
remove i d en t i f i a b l e report s or copies
thereof
from
the department or county
agency.
* * *
Sec t ion 5. Sect ion 6344
a
) ,
a.1)
, . b), (b .1) ,
(b.2) ,
{d)
(4 .1) , 5),
6)
and 8) and
e ) of
Ti t l e
23,
amended October
22, 20
1 4 P.L.2529, No.153), are amended and the s e c t ion
i s
amended by
adding
subsect ions
to read:
§ 6344.
Employees having contac t
with ch i ld ren ; adopt ive and
fos te r paren ts .
a) Appl i cab i l i t y . - -Beginn ing December 31, 2 014,
th i
s
sec t ion applies
to
the fol lowing
ind iv idua l s :
1)
n employee
of
ch i ld -ca re se rv ices .
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Act of
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2015,P.L 94, No. 15 Cl. 23- DOMESTIC RELATIONS CODE 23 PAC.S. - OMNIBUS AMENDMENTS
2 ) A f o s t e r pa r en t .
3)
A prospec t ive adop t i ve pa ren t .
4) A
se l f -employed
p r o v i d e r o f
c h i l d - c a r e s e r v i ce s in
a f ami ly [day-care prov ide r ] c h i l d - c a r e
home.
5)
[An ]
( i )
Except
as provided under subparagraph
( i i ) , an
i nd i v i dua l
14
years
o f age o r o ld e r who i s
apply ing
fo r or ho ld ing a
pa id pos i t i on as an employe
e
with
a program, a c t i v i t y o r
s e r v i ce , as
a
person
r e spon s ib l e fo r t he
[wel fa re
o f a ch i ld ] c h i l d s welfa re
or having
d i r e c t
con tac t
with
ch i l d r en .
( i i ) f t he program, a c t i v i t y
o r
s e r v i ce i s an
i n t e rn s h ip ,
e x t e rn s h ip ,
work
s tudy ,
co-op
o r s i m i l a r
program,
an adu l t
apply ing
f o r o r ho l d i ng a p a i d
p o s i t i o n
with
an employer t h a t p a r t i c i p a t e s i n
the
i n t e r n s h i p , ex te rnsh ip ,. work s tudy ,
co-.op o r
s i m i l a r
program
with
a
school
and whom t he employer and the
school
i d e n t i f y
as
t he c h i l d s
supe rv i so r
and
the person
re spons ib le f o r
t he
c h i l d s wel fa re whi le
t he
c h i l d
p a r t i c i p a t e s
in
t he program
with
t he employer . The a d u l t
i d e n t i f i e d under t h i s subparagraph as t he person
re spons ib le fo r t he c h i l d s welfa re i s r e q u i r e d to
be
in
the
immediate
v i c i n i t y a t
r e g u l a r i n t e r v a l s
with the
ch i l d
dur ing the program.
6) Any
i nd i v i dua l seeking to provide
c h i l d - c a r e
s
e rv ices under
con t r ac t with
a cn i l d - ca r e f a c i l i t y
or
program.
7) An i nd i v i dua l 18
years
o f age or o lde r
who
r e s id e s
in
the home of a f o s t e r pa ren t
fo r
a t l e a s t 30 days in a
ca l enda r yea r o r who
r e s i d e s . i n
t he home o f a prospec t ive
adopt ive
p a r e n t
for a t l e a s t 30 days in a ca lenda r year .
8) An
i nd i v i dua l
18
yea r s
of age - o r o ld e r who
r e s i de s
f o r a t l e a s t
30 days
in
a ca lenda r yea r in t he
fo l l owi ng
homes
which a re
s ub j ec t
to supe rv i s ion o r l i c e _tsure by t he
depar tment under A r t i c l e s IX and
X of the a c t
o f
June 13,
1967
(P .L .31 , No.21) ,
known
as
t he Pub l i c
Welfare
Code:
( i ) A
f ami l y
l i v i n g home.
( i i )
A community
home f o r
i n d iv id u a l s
with an
i n t e l le c t u a l d i s a b i l i t y .
( i i i )
A hos t home f o r c h i l d r e n .
This
paragraph
does no t i nc lude
an i nd i v i dua l
with
an
i n t e l l e c t u a l
d i s a b i l i t y
o r
chron i c p s y c h i a t r i c
d i s a b i l i t y
rece iv ing s e r v i ce s i n a home.
( a . l ) School
employees . - -Thi s s ec t i on
sha l l apply
to
school
employees as fo l lows:
1) School employees
governed
by t he prov is ions
o f
t he
ac t
of
March 10,
1949 (P.L.30,
No.14) ,
known
as the
Publ ic
School Code
of
1949, s h a l l be sub jec t to
the
prov is ions o f
s e c t i o n
111
of
t he Publ ic
School
Code
o f
1949,
except
t ha t
t h i s sec t ion s h a l l apply wi th r ega rd
to
the
[ in format ion]
c e r t i f i c a t i o n
requ i red
under subsec t ion
b)
(2) .
2) ( i )
School
employees
not
governed
by
t he
p rov i s ions o f
t he Pub l i c
School
Code
of 1949
s h a l l be
governed
by
t h i s
s ec t i on .
( i i ) This pa ragraph s h a l l no t apply to
an
employee
of an
i n s t i t u t i o n
of h ighe r
educa t i on
whose d i r e c t
con tac t
with ch i l d r en , i n the course
o f
employment ,
i s
l im i t e d to
e i t h e r :
A) prospec t ive
s tuden t s
v i s i t i n g a campus
ope ra t ed by the
i n s t i t u t i o n
of h ighe r educa tion ; o r
B)
m a t r i c u l a t e d
s tudents-
who
a re
en r o l l ed
with
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Act
of
Jul. 1, 2015,P.L
94, No. 15 Cl. 23- DOMESTiC RELATIONS CODE 23 PAC.S. -
OMNIBUS
AMENDMENTS
the i n s t i t u t i o n .
( i i i )
The exemption under
subparagraph
( i i )
B)
sha· l l
no t
apply
to
s tuden t s who
a re
e n r o l l e d i n a secondary
school .
a.2) Minors . - -An i nd i v i dua l between 14 and
17
yea r s
o f age
who
appl i es
f o r or holds
a
pa id
p o s i t i o n
as an employee who i s
a person re spons ib le fo r the
c h i l d ' s
wel fa re o r a person wi th
d i r e c t
contac t with ch i l d r en through
a
program,
a c t i v i t y
or
se rv ice p r i o r to the
commencement
of employment o r under
sec t ion
6344.4
( r e l a t i ng
to
r e c e r t i f i c a t i o n )
sha l l
be
r equ i red
to submit only
t he in fo rma t ion
under subsec t ion b) 1) and 2)
to an employer ,
admi n i s t r a t o r , supe rv i so r o r o the r
person
re spons ib le f o r employment dec i s ions ,
i
the fo l lowing apply :
1) The i nd i v i dua l has been
a
r e s i d e n t of t h i s
Commonwealth dur ing the
e n t i r e t y
of the prev ious 10-year
pe r iod
or ,
i no t
a
r e s ide n t o f
t h i s
Commonwealth dur ing the
e n t i r e t y of the p rev ious
10-year
pe r i od ,
has
rece ived
c e r t i f i c a t i o n under
subsec t ion
b) 3)
a t
any t ime
s ince
e s t a b l i s h ing
res idency i n t h i s o m m o n w e a l t ~ and provides
a
copy of
the
c e r t i f i c a t i o n
to the
employer .
2) The i nd i v i dua l and the i n d i v i d u a l ' s pa r en t o r l e ga l
guard ian
swear o r a f f i rm in w r i t i n g
t h a t
the
i nd iv idua l
i s
not
d i squa l i f i e d
from
se rv ice
under
subsec t ion
c)
o r
has
no t
been
conv ic t ed
o f an
offense s i m i l a r
in
na ture to those
cr imes l i s t e d in subsec t ion c) under
the laws
o r former
laws of the
Uni ted S ta t e s
o r one of its
t e r r i t o r i e s
or
posses s ions , ano the r
s t a t e ,
the
D i s t r i c t
o f Columbia, the
Commonwealth of
Puer to
Rico o r
a f o r e i gn
na t ion ,
o r under a
former law o f
t h i s
Commonwealth.
(a .3) Exchange
v i s i t o r . - - A n
i nd i v i dua l in
posses s ion
o f a
nonimmigrant v i s a i s s ued pur suan t to 8 U.S.C. §
l lOl (a)
15)
J)
( r e l a t i ng_ t o
de f in i t i ons )
to an
exchange v i s i t o r ,
commonly
r e f e r r e d to as a
J -1
Visa , sha l l no t be requ i red to submit
in format ion under subsec t ion
b)
i a l l o f the fo l lowing
apply :
1) The
i nd i v i dua l
i s
apply ing
f o r
o r
holds
a
pa i d
pos i t i on
with
a
program, a c t i v i t y o r s e r v i ce f o r
a
pe r iod
not to exceed
a t o t a l o f
90 days
in a ca lendar year .
2)
The i nd i v i dua l
has
not been employed prev ious ly in
t h i s
Commonwealth o r another s t a t e , the D i s t r i c t o f Columbia
o r
the
Commonwealth o f
Puer to
Rico.
3) The i nd i v i dua l swears o r af f i rms in
w r i t i n g
t h a t
the
i nd iv idua l
i s no t
d i s q u a l i f i e d
from
se rv ice
under
subsec t ion
c) o r has not
been
convic ted o f
an of fense
s imi l a r i n
na tu re
to
the
cr imes
l i s t e d under subsec t ion
c)
under the
laws
o r former
laws
of the Uni ted Sta tes o r one o f
i t s
t e r r i t o r i e s
or pos se s s ions , ano the r s t a t e , the D i s t r i c t
of Columbia, the
Commonweal th o f Puer to
Ri.co
o r a fo re ign
na t i on ,
o r
under
a
former
law
o f
t h i s
Commonwealth.
b)
Informat ion to be submi t t ed . - -An i nd iv idua l
i d e n t i f i e d
in subsec t ion
a)
7) o r 8) a t the t ime
t he
ind iv idua l
meets
the
des c r i p t i on se t fo r th in
subsec t ion
a) 7) o r (8) and an
i nd iv idua l
i d e n t i f i e d
in s
ubsec t ion a)
(1) , (2) ,
3),
(4) ,
5)
or
6)
[o r ] , ( a . l )
o r
(a .2)
pr i o r to the commencement
of
employment or se rv ice
o r
in
accordance wi th
sec t ion
6344.4
.
s ha l l be required to
submit the
fo l lowing in format ion to
an
employer, admin i s t r a to r ,
supe rv i so r
o r o t he r
person
re spons ib le
for
employment
dec i s ions or
involved in
the s e l ec t i on
of
vo lun tee rs :
1) Pursuant
to
18 Pa.C.S. Ch. 91
( re la t ing
to c r imina l
h i s t o r y
record in format ion)
, a
r e po r t
of
cr imina l
h i s to ry
.
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7/28/2015 Act of Jul. 1, 2015,P.L
94,
No.
15
Cl. 23 - DOMESTIC RELATIONS CODE 23 PAC .
S.)
- OMNiBUS AMENDMENTS
record in format ion from the Pennsylvania Sta te Pol ice or a
s ta tement from the Pennsylvania
Sta te Pol ice
t h a t the Sta te
Pol ice cen t ra l
repos i to ry conta ins
no
such
in format ion
re l a t ing to t h a t
person.
The cr iminal h i s to ry record
in format ion sha l l
be
l imi t e d to t ha t which
i s
dissemina ted
pursuan t to
18 Pa.C.S.
§
9121
b)
2)
r e l a t i n g
to genera l
regu la t ions) .
2) A c e r t i f i c a t i o n from the department as to
whether
the
appl ican t
i s named in the Statewide databas e
as
the
a l leged pe rpe t r a t o r in
a
pending
ch i ld
abuse
i nve s t i ga t i on
r
as
the ~ e r p e t r t o r of a founded
repor t
or an i nd i c a t e d
repor t .
3) A r e po r t of
Federal
cr iminal
h i s t o ry
record
in format ion . The appl i can t sh a l l submit
a
f u l l se t of
f inge rpr in t s to the Pennsylvania
Sta te Pol ice for the
purpose of a
record
check, and
the
Pennsylvania S t a t e Pol i ce
or i t s au thor i zed agent
sh a l l
submit the f i nge rp r i n t s
to the
Federal Bureau of
Inves t iga t ion for
the
purpose
of
ver i fy ing
the i d e n t i t y of the
appl ican t
and obta ining a cur ren t re cord
of
any
cr imina l
a r re s t s
and
convic t ions .
b.1) Required documentation to be maintained
and
produced. -
-The
employer, admin is t ra to r , supervisor
or other
person
r espons ib le fo r
employment
decis ions
or
acceptance
of
-
the
ind iv idua l to
serve
in
any capac
i
ty
i d e n t i f i e d
in
subsec t ion a) 1),
2),
3), 4) ,
5 ) or 6)
[o r ] ,
a.1) or
a.2) sha l l mainta in
a copy
of
the requi red
in format ion
and
r equ i re the ind iv idua l to [produce ] submit the [o r ig ina l
document ]
required
documents
pr io r
to employment
or acceptance
to
serve
in
any such
capaci ty
or
as
required in sec t ion 6344.4 ,
except as al lowed under subsect ion m) .
b.2) Inves t iga t ion . - -An
employer,
admin is t ra to r ,
supervisor
or
other person
r espons ib le fo r e m p l o y m e n ~
dec i s ions
sha l l requ i re an appl i can t to submit
the
r equ i red documentat ion
se t fo r th in t h i s chap ter
or
as required in sec t ion 6344.4 . An
employer ,
admin is t ra to r ,
superv i sor
or
other
person
r espons ib le
for employment decis ions
t ha t i n t en t iona l ly f a i l s
to requ i re
an
appl ican t to submit
the re quired
documentat ion
before the
app l i can t s h i r i ng or upon recer t i f i ca t i o n
commits
a
misdemeanor
of the
t h i rd degree .
b.3) Volunteer c e r t i f i c a t i o n prohibi t ion . - -An employer,
admin is trator , superv i sor
or other person
r e spo ns ib le for
employment
dec i s ions i s pr o hib i t e d from accept ing
c e r t i f i c a t i o n
that
was obtained for
vo lunteer ing purposes under
sec t i on
6344.2
re l a t i ng to
vo lunteers having contact with
chi ldren) .
d) Prospec t ive adopt ive or
fo s t e r
paren t s . - -Wi th regard
to
prospect ive
adoptive
or
prospec t ive
fos te r paren ts ,
.
the
fol lowing sha l l apply:
4.1) I f a
fos te r
paren t , prospect ive
adopt ive parent
or an
indiv idual over 18 years
o f
age res i d i ng i n the home
i s
a r r e s t e d
for or convicted
of an
offense t ha t would
c ons t i t u t e
grounds for denying approval under t h i s
chapter
or
i s
named as
a
perpe t ra to r in
a
founded or
ind ica ted
repor t ,
the
fo s t e r
paren t
or pr o spe c t iv e
adopt ive parent
sha l l provide
the
fos te r family care agency or
the
agency
l i s t e d
to
provide
adoption
s e r v i c e s with
wri t t en no t ice
not
l a t e r than 72 hours a f te r the a r r e s t , convic t ion or
n o t i f ic a t i o n t h a t
the
[ fos t e r
paren t
]
ind iv idua l
was
named
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7/28/2015 Act of Jul.
1,
2015,P.L 94, No. 15 Cl. 23- DOMESTIC RELATIONS CODE 23 PAC.S.) - OMNIBUS AMENDMENTS
as
a
perpe t ra to r in the
Statewide
da tabase .
5) Fos te r parents and prospect ive adoptive parents
sh a l l be requi red to repor t
any
other
change in
the
[ fo s t e r
]
family household
composi t ion
with in
30
days
of
the change
for review by the
fo s t e r family
care a gency or the agency
l i s t ed
to provide adopt ion s e r v i c e s ~ I f
any
ind iv idua l
over
18 years of
age,·
who has
re s ided
out s ide t h i s Commonwealth
a t any
t ime
with in
the
previous
f ive -yea r per iod, ~ e g i n s
re s id ing in the home
of
an
approved fo s t e r family
or
prospec t ive
adoptive
fami ly
t ha t
ind iv idua l
sha l l ,
wi th in
30 days
of
beginning
res idence , submit to the fo s t e r f amily
care agency or
the
agency
l i s t ed
to
provide
adopt ion
s erv i ce s a c e r t i f i c a t i o n obta ined
from
the Statewide
da tabase , or
i t s equiva len t in each
s t a t e
in
which
the
person has
res ided wi thin the previous
f ive -yea r
per iod , as
to whether
the person
i s
named as
a
perpe t ra to r .
I f the
ce r t i f i ca t ion .
shows
t ha t
the
person
i s named as a
pe rpe t r a t o r
with in the previous
f ive -yea r
per iod, the fo s t e r
family care agency or the agency l i s t ed to provide adoption
s erv i ce s sha l l forward t he
c e r t i f i c a t i o n to
the depar tment
fo r
review.
I f
. the
depar tment
determines
t ha t the
person
i s
named
as
the
equivalent
of
a
perpe t ra to r
of
a
founded
r e po r t
wi th in the
previous
f ive -yea r per iod
and the person
does
not
cease
re s id ing
in the home immediate ly , the county agency
sha l l immediate ly
seek
cour t au thor iza t ion to remove the
fo s t e r ch i ld
or
ch i ld ren
from
the
home.
In
emergency
s i tua t ions when
a judge
cannot be
reached,
the
county agency
sha l l proceed in accordance with
the
Pennsylvania Rules of
Juveni le Court
Procedure.
.
6 )
In cases where fo s t e r paren t s knowingly f a i l
to
submit the m t ~ r i l informat ion r equ i red in paragraphs 4.1)
and 5) and
sec t ion
6344.4 [ r e l a t i ng
to c e r t i f i c a t i o n
compliance)] such tha
t it
would di squa l i fy
them as fo s t
e r
paren ts , the county agency sha l l immediate ly seek cour t
au thor iza t ion
to
remove
the
fos te r ch i ld
or
ch i ld ren
from
the
home.
In
emergency
s i tua t ions when a judge
cannot
be
reached, the
county agency
sha l l proceed
in
accordance with
the Pennsylvania
Rules
of Juveni le Court Procedure.
8) The
department
sha l l
requi re
in format ion ba se
d upon
c e r t a i n
c r i t e r i a
for
fo s t e r
and adopt ive parent
app l i ca t ions . The c r i t e r i a sha l l
inc lude ,
but not be
l im i t
ed
to ,
in format ion
provided by
the
appl ican t
or
other
sources
in
the
fol lowing areas :
i)
Previous
addresses
with in
the l a s t [ ten ]
1
years .
i i
)
Criminal h i s t o ry
background [c lea rance ]
cer t i f i ca t i on genera ted by the process
out l ined
in t h i s
sec t ion .
i i i ) Child abuse [c learance]
cer t i f i ca t i on
genera ted by
the
process
out l ined in t h i s sec t ion .
iv) Composit ion of the re s iden t family uni t .
v) Pro tec t ion
from
abuse
orders f i l ed by or
aga ins t
e i t h e r
paren t , provided t ha t such orders
are
~ c c e s s i b l
to the county or pr iva te agency.
vi) Deta i l s of any proceedings brought in family
cour t ,
provided
tha t
such records
in such proceedings
are
access ib le
to
the
county
or pr iva te
agency.
vi i )
Drug-re la ted
or
a lcohol - re l a t ed
a r re s t s , i
cr imina l
charges
or
jud ic ia l
pro
cee
dings
ar
e
pending,
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Act of
Jul
..
1. 2015,P.L 94,
No.
15 C
l.
23 - DOMESTIC RELATIONS CODE 23 PAC.S. - OMNIBUS AMENDMENTS
and
any
convic t ions or hosp i t a l i z a t i ons wi th in the l a ~ t
f ive
years . I f
the
app l i can t provides in fo rma t ion
regard ing convic t ions or h o s p i t a l i z a t i ons in t h a t f ive -
year
per iod,
then
in format ion on the
pr i o r
f ive years
sha l l be reques ted r e l a t e d
to any a dd i t i ona l
conv ic t ions
o r
hosp i t a l i z a t i ons .
v i i i )
Evidence
of f i na nc i a l s t a b i l i t y , i nc lud ing
income v e r i f i c a t i o n , employment hi s to ry , c u r re n t l i e n s
and
bankruptcy
f ind ings wi th in
the l a s t
[ ten]
10 years .
(ix)
Number
of
and
ages
of
fo s t e r c h i ld re n
and
other
dep e
ndents c u r re n t ly placed in
the home.
(x) Deta i l ed
in format ion
regard ing c h i ld re n with
spec ia l
needs
c u r re n t ly
l i v i ng
in
the home.
(xi)
Previous h i s t o ry
as
a fos te r
paren t ,
inc lud ing
number and types of ch i l d r en served . ·
xii) Rela ted
educa t ion ,
t r a i n i ng
or persona l
exper ience working with
fo s t e r
ch i ld ren or t he
c h i l d
welfa re sys tem.
* * *
(d. 3) ·Family l iv l .ng homes,
community
homes
fo r i nd iv idua l s
with an i n t e l l e c t u a l
d i s a b i l i t y
and
hos t
homes . - -
(1) The
fo l lowing
sha l l apply to an i nd iv idua l over 18
years of
age
r e s id ing in
a
fami ly
l i v ing home,
a
community
home
fo r
ind iv idua l s with
an
i n t e l l e c t u a l d i s a b i l i t y o r
a
hos t home fo r c h i ld re n , which a re
sub jec t
t o superv i s ion or
l i c e ns u re
by the
department under
Ar t i c l e s
IX
and X
o f
the
Publ ic Welfare Code:
(i ) I f
an
i nd iv idua l i s a r r e s t e d fo r or conv ic ted o f
an
offense
t h a t
would cons t i t u t e grounds
fo r
denying
approval under t h i s chapte r , or
i s
named as a
pe rpe t r a t o r i n a
founded
or
i nd i c a t e d
r e po r t ,
t he
ind iv idua l sh a l l provide the agency with wr i t t e n not i ce
not
l a t e r than 72 hours a f t e r the a r r e s t ,
convic t ion
or
n o t i f i c a t i o n t h a t the i nd iv idua l
was named
as
a
perpe t ra to r
in·
the
Statewide
database .
i i ) The
a du l t
family member who i s prov id ing
se rv ices to
a c h i l d
in the home sha l l
be
r equ i r ed to
r e po r t any o t he r
change
in the household composi t ion
with in 30
days o f the
change fo r
review
by
t he
agency.
I f
any ind iv idua l
over
18
years o f age, who has r es ided
out s ide t h i s
Commonwealth a t any
t ime
with in t he
previous f i ve -ye a r per iod , begins r e s i d i ng in the home,
t h a t
ind iv idua l sh a l l ,
with in 30
days
o f beginning
re s idence ,
submit
to the
agency
a
c e r t i f i c a t i o n obta ined
from the S t a ~ e w i d e da tabase , o r ts equiva len t in each
s t a t e in
which the i nd i v i dua l has
~ e s i d e d
with in
the
prev ious
f i v e ~ y e a r
per iod ,
as
to whether
the
person i s
named
as a
pe rpe t r a t o r .
I f
the
c e r t i f i c a t i o n shows
t ha t
the
person i s
named
as
a pe rpe t r a t o r
with in t he
prev ious
f ive -year pe r iod ,
the
agency s h a l l forward t he
c e r t i f i c a t i o n
to the depar tment fo r
review.
(2) This subsec t ion
sha l l
no t apply
to
an i nd iv idua l
with an
i n t e l le c t u a l d i s a b i l i t y o r chronic psyc h i a t r i c
d i s a b i l i t y r ece iv ing se rv ices in a ~ h o m e
(3) As
used
i n t h i s subsec t ion , the term agency means
a family l i v i ng home agency,
community home
agency fo r
i nd iv idua l s with an i n t e l l e c t u a l d i s a b i l it y or
a
hos t home
agency.
(e) Self -employed
fami ly
[day-care]
ch i ld -ca re
pr ov i de r s . -
Self-employed fami ly d y ~ c a r e c h i l d - c a r e providers
who apply
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Act of
Jul.
1, 2015,P.L 94 No. 15 Cl. 3 DOMESTIC RELATIONS CODE
23
PAC.S. OMNIBUS AMENDMENTS
fo r a [c e r t i f i c a t e of r eg i s t r a t i on ] l i c e n s e with the department
s h a l l submit wi th . the i r [ reg i s t ra t ion] l i censure app l i ca t ion
the in format ion
se t
fo r t h
under
subsec t ion (b)
for review in
accordance with t h i s sec t ion .
* * *
Sec t ion
6.
Sec t ion
6344.1
heading,
(a)
and
(c)
of T it l e 23,
amended October
22,
2014 (P.L.2529, No.153 ) ,
are
amended to
rea d :
§
6344.1.
Informat ion re l a t i n g to
c e r t i f i e d
or [ reg i s t e red
day-care]
l i censed
ch i ld - ca re
home r e s i de n t s .
(a)
General r u l e . - - I n
addi t ion
to the requi rements of
se c t ion
6344 re l a t ing to
employees having contac t with
ch i ld ren ;
adopt ive
and fo s t e r paren ts ) ,
an
ind iv idua l
who
appl i es
to
the
department fo r a c e r t i f i c a t e
of compliance or
a
[ r eg i s t r a t i on c e r t i f i c a t e ] l i c e n s e .to
provide
ch i ld day care in
a re s idence sha l l inc lude cr iminal hi s to ry record and c h i ld
abuse record in format ion
r equ i red
under s e c t ion
6344(b)
for
every i nd iv idua l
18
years of age or
older who re s ides
in the
home for
a t l e a s t
3 0 days in a ca lendar
year .
* * *
(c)
Effect on c e r t i f i c a t i o n
or [ r e g i s t r a t i on ]
l i c e n s u r e . -
The
department
sha l l
r e
fuse
t o i s sue
or
renew
a
c e r t i f i c a t e
of
compliance or [r e g i s t r a t i o n c e r t i f i c a t e ]
l i c e n s e
or sha ll
revoke a
c e r t i f i c a t e
of compliance or [r e g i s t r a t i o n
c e r t i f i c a t e ] l i cense i the day-care home provider or
ind iv idua l 1 8
years of age or
older who has
r es ided in
the home
for a t leas t 30
days
in a ca lendar year:
(1) i s named in the
Sta tewide
database as the
perpe t ra to r of
a
founded
repor t
committed
within the
immediately
preceding
f ive -yea r
per iod ; or
(2)
has
been
convic ted of
an
offense enumerated in
sec t ion
6344 (c).
* * *
Section
7.
Sec t ion
6344.2
a ) , b) ,
b.1) , (e
)
and
(f)
of
Ti
t l e
23
,
amended
October
22,
2 0
14
(P.L.2529,
No
.
153) ,
are
amended and the
sec t ion
i s amended by
adding
subs
e c t ions
to
read:
§ 6344.2. Volunteers having contac t
with
ch i ld ren .
(a) Appl i c a b i l i t y . - -T h i s
sec t ion
appl i es to an
adul t
applying for or hold ing
an
unpaid pos i t ion as a volun tee r with
ch i ld - ca re serv ice , school
or
program
a c t i v i t y or
serv ice as person responsible for the [welfare of a chi ld]
c h i l d s
welfare
or having d i rec t volunteer contac t
with
ch i ld ren .
(b) Inves t iga t ion. - -Employers , admin is t ra to rs , superv isors
or other persons
responsible for
se lec t ion of
volunteers
sha l l
requ i re
an
appl i can t to submit
to a l l requirements se t
fo r th in
sec t ion 6344(b) r e l a t i ng to
employees
having contac t with
ch i ld ren ;
adopt ive and fo s t e r paren ts ) except
as
provided
in
subsec t ion (b. 1) . An employer, admin i s t r a to r ,
superv isor
or
other person
responsible for
se lec t ion of
volunteers
regard ing
an
appl i cab le p rospec t ive vo lun tee r
under
t h i s sec t ion
t ha t
i n t en t iona l ly f a i l s
to
r equ i re the submissions . before [h i r ing]
approving
t ha t
ind iv idua l commits
a
misdemeanor
of
the
t h i r d
degree.
(b.1) Except ion . - -
(1) A person r espons ib le for
the
se l e c t i on of
volun teers under
t h i s
chapte r
sha ll
r equ i re an
appl i cab le
prospec t ive
volun tee r pr io r to the commencement of se rv ice
to
submit
only
the
in format ion
under
sec t ion
6344(b)
1)
and
.
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/28/2015
ActofJul. 1, 2015,P.L 94,
No.15CI
.
23-
DOMESTIC RElATIONSCODE 23 PA.C.
S.
- OMNIBUS AMENDMENTS
(2 ) , i
the fo l lowing apply:
i)
The
pos i t
ion
the prospec t ive vo lun tee r
i s
applying
for i s unpaid.
i i ) The
prospec t ive
volunte
e r has been a
re s iden t
of
t h i s
Commonwealth during the
e n t i r e ty of
the
previous
[ ten-year
per iod . ]
10-year
per iod or , i not a
r e s i de n t
of t h i s Commonwealth
dur ing
the e n t i r e t y o f the prev ious
10-year pe r iod , has r ece ived c e r t i f i c a t i o n under sec t ion
6344 b)
3)
a t
any
t ime s ince
e s t a b l i sh i ng re s idency in
t h i s
Commonwealth
and
provides
a .copy
of
the
c e r t i f i c a t i o n to
the person r espons ib le fo r
the
se l e c t i on
of vo lun tee r s .
i i i ) The
prospec t ive vo lun tee r
swears or
af f i rms
in
wri t ing
t h a t
the prospec t ive . volun tee r i s not
d i squa l i f i ed
from se rv ice pursuant to
sec t ion
6344
(c)
or
has
not been convic ted
of
an
offense
s imi l a r i n nature
to those
cTimes
l i s t e d in
sec t ion
6344 c) under the
laws
or
former
laws of the
United Sta tes
or
one
of
i t s
t e r r i t o r i e s or
possess ions , anoth e r
s t a t e ,
the
D is t r i c t
of
Columbia, t he Commonwealth of Puer to Rico or a
fore ign na t ion ,
or under
a former
law of
t h i s
Commonwealth.
2)
I f
the
in format ion obta ined pursuant to
sec
t i on
6344 b) r evea l s
t ha t
the prospec t ive vo lun tee r app l i can t i s
d i
s
qua l i f i e d from
se rv ice pursuant to sec t ion
6344 c) , the
appl i can t
s h a l l
not be approved fo r s e rv i c e .
3) I f
a l l of the
fo l lowing apply, an
ind iv idua l
s h a l l
not be r equ i r ed to obta in
the c e r t i f i c a t i o n s
r equ i red
under
subsec t ion b)
:
i )
The
ind iv idua l
i s c u r r e n t l y e n ro l l e d in a
school .
i i ) The
ind iv idua l
i s not a person r espons ib le fo r
the c h i l d s wel fa re .
i i i )
The ind iv idua l i s volun tee r ing fo r
an
event
t h a t occurs on school grounds.
iv)
The event
i s
sponsored
by
the
school
in
which
the ind iv idua l
i s
enro l led
as
a s tuden t .
v)
The event
i s
not fo r
c h i ld re n who
are in
the
care of a ch i ld -ca re s e rv i c e .
[ e )
Cons t ruc t ion . - -Noth ing
in t h i s sec t ion sha l l b e
construed to proh i b i t an
organiza t ion
from r equ i r ing a dd i t i ona l
in format ion
as par t
of the c lea rance
process
for
volunteers who
are
respons ib le
fo r
the
welfa re o f
a ch i ld or have d i rec t
contac t
wi th
ch i ld ren . ]
f) [ r o v i ~ i o n a l c lea rances for volunteers]
Nonresident
volunteer
c e r t i f i c a t i o n .
- -
Employers, admin is t ra to rs ,
superviso
r s
or
other
persons
responsible for
s e l e t i ~ n
of
volunteer
s
may
al low a
volunteer
to serve on a prov is iona l
bas i s
[ for
a s ing l e period] not to excee d a t o t a l
of
30 days in
a ca lendar year i the
volun teer
i s in compliance with the
c lea rance s tandards under the
law
of
the
j u r i s d i c t i o n
where
the
volun teer i s domic i led . The
nonres ident volunteer must
provide
the employer, admin is t ra to r , superv i sor o r o the r
person
respons ib le fo r se l e c t i on of volun tee r s
with
documentation
of
c e r t i f i c a t i o n s .
g) Waiver o f
fees
fo r ce r t a in background c e r t i f i c a t i o n s . - -
The fees
fo r
c e r t i f i c a t i o n a r equ i red
under sec t ion
6344 b) 1)
and
2) which
a volun tee r
i s r equ i red
to submit
under
t h i s
sec t ion sha l l be
waived,
and
the
c e r t i f i c a t i o n s
sha l l be
ttp
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HTM?63
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128/2015
ct
of
Jul.
1, 2015,P.L
94, No.
15
Cl.
23- DOMESTIC RELATIONS
CODE
23 PAC.S. - OMNIBUS AMENDMENTS
prov ided
f r e e o f charge
to
the volun tee r under the
fo l lowing
condi t ions :
1)
The
background c e r t i f i c a t i o n s are necessa ry to
comply with the
requirements
o f
subsec t ion (b) .
2) The
background
c e r t i f i c a t i o n s
may not be
used and
s h a l l
not
be va l i d to
s a t i s f y t he
requirements
fo r
employment under _sec t ion 6344 b) or any _other
law
fo r which
a s imi l a r background check may be requ i red .
3)
a c k ~ r o u n d
c e r t i f i c a t i o n s sha l l only
be
provided
f r e e
of
charge
to
a
volun tee r
once
every
57
months
.
. 4) The vo lun tee r swears
o r
af f i rms , in
wr i t i ng ,
under
pena l ty o f 18 Pa.C.S.
§ 4904 ( r e l a t i ng
to
unsworn
f a l s i f i c a t i o n to
a u t h o r i t i e s ) , the fo l lowing:
i) The background c e r t i f i c a t i o n s are necessary to
sa t i s f y the
requirements
under
subsec t ion
b)
.
( i i ) The vo lun tee r
has
no t rece ived background
c e r t i f ~ c a t i o n s f ree
o f charge
with in t he prev ious
57
months.
( i i i ) The vo lun tee r unders tands
t h a t
the
c e r t i f i c a t i o n s
sha l l
not be
va l i d
or used fo r any o t he r
purpose .
h) Presumption of good f a i t h . - - F o r
the purposes o f
cr imina l
l i a b i l i t y under
t h i s
sec t ion ,
an
employer ,
admin is t ra to r ,
supe rv i so r o r
o the r
persons
r espons ib le fo r
the
se l e c t i on o f
volun tee r s are
presumed to
have ac ted in good
f a i t h
when i den t i fy ing i nd i v i dua l s
requ i red
to
submit
c e r t i f i c a t i o n s
and mainta in records as
r equ i red
by
t h i s
s e c t ion .
Sec t ion 8.
Sect ions 6344.3 e) and
f)
and 6344.4 of T i t l e
23, added October
22,
2 014 P.L.2529, No.153), are amended to
read:
§ 6344
.3 . Cont inued
employment or par t i c ipa t ion in
program,
a c t i v i t y or se rv ice .
* * *
e)
Nonin te r fe rence
with
dec i s ions
. -
-Nothing
in
t h i s
chap te r sha l l be cons t rued to otherwis e i n t e r f e r e with the
a b i l i t y of
an
employer or person r espons ib le fo r a program,
a c t i v i t y or s e r v i ce to
make
employment, d i sc i p l i ne or
t e rmina t ion dec is ions or
from
es tab l i sh ing a dd i t i ona l
[c lea rance] s tandards as
p a r t
o f
t he
h i r ing o r s e l e c t i on
process fo r employees or volun tee r s .
f)
[Transfer]
Por t ab i l i t y o f c e r t i f i c a t i o n . - -
[ 1)
Any
person who has
obta ined
the in format ion
r equ i red under t h i s
chapte r
may
t r a ns f e r
or
provide
se rv ices
to another
subs id ia ry
or branch
es tab l i shed
and superv ised
by the same
organiza t ion,
_or serve
in
a vo lun tee r capac i ty
fo r any program, se rv ice or a c t i v i t y , dur ing the leng th of
t ime
the
pe r s on s
c e r t i f i c a t i o n
i s
cur ren t
pursuant
to
s e c t ion
6344.4
( r e l a t i ng
to
c e r t i f i c a t i o n compliance) .
2) Any employee who begins employment with a new
agency, i n s t i t u t i o n , organ iza t ion or
o the r e n t i t y t ha t
i s
respons ib le fo r the ca re ,
supervis ion,
guidance or cont ro l
of
ch i l
dren sha l l
b e re quired
to
ob ta in a new
c e r t i f i c a t i o n
of compliance
as re qui red
by t h i s chapte r . ]
1)
Subjec t to the r e s t r i c t i o n s under s ec t i on 6344 b.3)
( r e l a t i ng to
employees
having con t ac t with ch i ld ren ;
adopt ive
and fo s t e r
paren t s ) ,
i an
i nd i v i dua l s
c e r t i f i c a t i o n s are cur ren t under s ec t i on
6344.4 ( re l a t ing
to
r e c e r t i f i c a t i o n )
and the
ind iv idua l completes
an
af f i rmat ion
under paragraph 2) , the
ind iv idua l
may use the
.
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7/2812015 Act
ofJul. 1, 2015,P.L
94, No.
15 Cl.
23
DOMESTIC RELATIONS CODE
23
PAC.S.) - OMNIBUS AMENDMENTS
c e r t i f i c a t i o n s as fo l lows:
( i )
to
apply fo r employment as i d e n t i f i e d i n s e c t i on
6344
( r e l a t i ng
to
employees having
contac t
with
ch i ld ren ;
adopt ive
and f o s t e r
pa re n t s ) ;
( i i )
to
serve as
an
employee as
i d e n t i f i e d in
sec t ion
6344;
( i i i ) to apply
as
a
volun tee r under s e c t ion 6344.2
( r e l a t i ng
to
vo lun tee rs
having contac t with ch i ld ren)
;
and
iv)
to
serve
as a
volun tee r
under
sec t ion
6344.2 .
2) P r io r
to
commencing employment o r se rv i c e ,
an
i nd iv idua l must swear or a f f i r m in
wr i t i ng t ha t
t he
ind iv idua l
has
not
been d i s q u a l i f i e 4 from
employment o r
s e r v i ce
under
s ec t i on 6344 c) o r
has
no t been convic ted of
an offense
s imi l a r
in
na ture
to a
cr ime
l i s t e d
in s e c t ion
6344 c) under the laws
o r former
laws
of the
United · S ta t e s
o r one of i t s t e r r i t o r i e s or possess ions , another s t a t e , the
D i s t r i c t
o f
Columbia,
the
Commonwealth
of
Puer to Rico or a
fo re ign
na t ion ,
or under a former
law
of t h i s Commonwealth.
3) An employer,
a dmin i s t r a to r ,
superv i sor ,
o the r
person r espons ib le fo r employment decis ions . or
othe r
pe r son
r espons ib le fo r
the se l e c t i on of
volun tee r s sha l l
make a
determinatio-n
o f
employment
or vo lun tee r
mat te r s
based
on
a
review o f the in format ion r equ i red under
sec t ion
6344 b)
p r io r
to
employment o r
acceptance to
s e rv i c e in any
such
capac i ty and must
mainta in a copy o f
the r equ i red
in format ion .
* * *
§
6344.4.
[Cer t i f i ca t ion compliance] Re c e r t i f i c a t i on .
New c e r t i f i c a t i o n s s h a l l
be
obta ined in accordance
with
fol lowing:
1 ) Effec t ive December
31,
2014:
the
i ) [A] Except as provided in subparagraph v) , a
person
i d e n t i f i e d in sec t ion
6344 ( re l a t ing
to
employees
having
contac t
with
ch i ld ren ; adopt ive
and
fo s t e r
paren ts ) sha l l be
r equ i red
to obta in the c e r t i f i c a t i o n s
re qu i r
e d by
t h i s chapte r every [36] 60 months.
( i i ) School employees i d e n t i f i e d
i n s e c t i on
63 4 4
a. 1) 1)
sha l l
be r equ i red to ob ta in r epor t s
unde r
s ec t i on 111
of
the
ac t
of March
10,
1949 P.L.30,
No.14), known as
the Publ ic
School
Code of
1949,
and
under
sec t ion
6344 b) 2) eve ry [36] 60 months.
( i i i ) Any person i d e n t i f i e d in
sec t ion
6344 with a
cur ren t
c e r t i f i c a t i o n
i s sued
pr i o r
to
the e f f e c t i ve
da te
of t h i s sec t ion sha l l b e
re
quired to obta in the
c e r t i f i c a t i o n s r equ i red
by t h i s chapte r
wi th in [36] 60
months from the date of
[ t he i r
most recen t ] the pe r son s
o lde s t
c e r t i f i c a t i o n
or ,
i
the
cur ren t
c e r t i f i c a t i o n
i s
o lde r than [36] 60 months, with in one year of the
e f f e c t i ve date of t h i s
sec t ion .
iv) A person i d e n t i f i e d in
sec t ion
6344 without a
c e r t i f
c.a
tion
or
who
was p r ~ v o u s l y
no t
r equ i red to have
a c e r t i f i c a t i o n s h a l l be r equ i red
to
obta in the
cert i · f - ica t ions
r equ i red
by t h i s
chapte r
no l a t e r than
December
31, 2015.
2) ( i ) Effec t ive [July 1,
]
August 25, 2015,
a person
i den t i f i ed in
sec t ion 6344.
2 ( r e l a t i ng to vo lun tee rs
having
contac t with
chi ld ren) sh a l l be
requ i red
to
obta in the
c e r t i f i c a t i o n s
r equ i red by t h i s chapte r
every
[36]
60
months[ . ]
from
the
da te
of the
pe r s on s
most
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7128/2015 Actof
Jul.
1,
2015,P.L
94,
No . 15Cl. 23-DOMESTIC RElATIONSCODE 23PAC.
S.
- OMNIBUS AMENDMENTS
r e c e nt
c e r t i f i c a t i o n
or ,
i the
current
c e r t i f i c a t i o n s
o lder than 60 months, with in one year o f
the
e f f e c t i v e
date
o f t h i s sec t ion .
( i i )
person i d en t i f i ed
under sec t ion 6344.2
without a c e r t i f i c a t i o n
or who was
prev i ous l y
not
required
to
have
a
c e r t i f i c a t i o n
s h a l l be required to
obta in
the c e r t i f i c a t i o n s required by t h i s chapter no
l a t er
than July 1 , 2016.
3) For renewals
o f
c e r t i f i c a t i o n
required under t h i s
chapter ,
the
date
for
required
renewal
under
t h i s
sec t ion
s h a l l be from the date o f the
o ld e s t
c e r t i f i c a t i o n under
sec t ion 6344(b) .
Sect ion 8 .1 . Sec t ions
6383 c1 1) , 2 ) and 3 )
and 6386
a )
of T i t l e
23 are
amended to
read:
§
6383. Educat ion and
t r a i n i ng .
*
*
*
c) Tra in ing o f
persons
subj e c t to depar tment regula t , ion . -
1) The fo l lowing
persons
sha l l be
requ i red to meet the
c h i l d abuse recogn i t ion
and
r epo r t i ng t r a i n i ng requi rement s
o ~ t h i s subsec t ion :
i)
Opera tors
of
i n s t i t u t i o n s ,
f a c i l i t i e s or
agencies which care f o r ch i l d r en and are s ub j ec t to
supe rv i s ion
by
the
depar tment under
Ar t i c l e
IX
of the
Publ ic Welfare Code,
and
t h e i r employees who have d i r
ec
t
con tac t with
ch i ld ren .
i i ) Fos te r paren t s .
i i i ) Operators of ·
f a c i l i t i e s
and
agencies which
care for
ch i ld ren and
are s ub j ec t to l i c ens u r e by
the
department under Ar t i c l e X of the Publ ic Welfare Code
and t h e i r employees who have d i r e c t contac t with
ch i ld ren .
iv) Caregivers in fami ly [day care] ch i ld -care
homes which
are
sub jec t
to [ reg i s t ra t ion]
l i censure
by
the depar tment under [Subar t i c l e
c)
of] Ar t i c l e
X
of
the
Publ ic
Welfare
Code
and
t h e i r
employees
who
have
d i r e c t contac t with
ch i ld ren .
·
v) The
adul t
fami ly member who i s a
person
respons ible for
the
c h i l d s welfare and i s
prov id ing
serv ices to a ch i ld
in
a fami ly l i v i n g home, a community
home
for indiv iduals with an i n t e l l e c t u a l
d i s a b i l i t y
or
a
ho s t home which i s
subject to superv i s ion R l i censure
by the department under A r t i c l e s IX and X o f the Publ ic
Welfare Code.
2 )
Within s ix months of the e f f e c t i ve date of
t i ~
subsec t ion , opera tors and .careg iver s sha l l rece ive t h r ee
hours of t r a i n i ng pr io r
to
the i s suance of a l i c e nse [ , ] or
approval [or r e g i s t r a t i on ] c e r t i f i c a t e
and
t h ree hours of
t r a i n i ng
every
f ive
years
t he rea f t e r .
· 3) Employees who
have
d i r e c t contac t with ch i l d r en
and
fo s t e r pa ren t s sha l l rece ive t h ree hours of t r a i n i ng with in
s ix months of the
i s suance of
a
l i c e nse [ , ]
or approval [or
r e g i s t r a t i on ] c e r t i f i c a t e and t h ree hours of t r a i n i ng every
f ive years .
t he r e a f t e r .
New
employees
and new
fo s t e r pa ren t s
sha l l rece ive t h ree hours of
t r a i n i ng
with in 90 days
o f
h i r e
o r
approval as a fo s t e r paren t and
t h ree
hour s
of
t r a i n i ng
every
f ive years t he r e a f t e r .
*
* *
§ 6386. Mandatory
repo r t
i
ng o f
ch i l d r en under one year of age.
a ) en r epo r t to be made.--A
he a l th
care provider
s h a l l
immedia te ly make a
repo r t or
cause a r epor t
to be
made to
the
://wMv.legis.state.
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, .
ct
of
Jul.
1, 2015,P.L 94, No. 15 Cl.
3
DOMESTIC RELATIONS
CODE
23 PAC.S. - OMNIBUS AMENDMENTS
appropr i a t e
county agency i t he provider i s involved
in
t he
l i e l ive ry or care o f a
c h i ld
under
one
year
of
age who i s
born
and i d e n t i f i e d
as
being a f fec ted by any of the fo l lowing:
1)
I l l e g a l
substance
abuse
by
the c h i l d s mother .
2)
Withdrawal symptoms r e su l t i ng
from
pre na t a l
drug
exposure[
.] unl ess
the c h i l d s mother during
the pregnancy
was:
( i)
under
the care
o f
a prescr ibing medical
profess iona l ;
and
( i i )
in
compliance
with the
direc t ions f or
the
adminis tra t ion
o f a presc-r ipt ion drug as d i r e c t e d by the
prescr i b i ng
medical
profess iona l .
3)
A
Fe ta l
Alcohol Spectrum Disorder .
* * *
Sect ion 9.
enac ted a f t e r
2015.
Sect ion 10.
The
amendment of
2 3
Pa.C.S. § 6344.4
2
i) i
Ju ly 1, 2015, s h a l l be r e t roa c t i ve to
Ju ly
1 ,
This ac t sha l l take
e
f f ec t
immediat e
ly .
APPROVED- - Th e 1s t day of Ju ly , A.D. 2
01
5 .
TOM
WOLF
.state.paus/llM.J01/Ll/LIAJSIHTM/2015/0/0015
.HTM
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CHARGE OF UNFAIR PRACTICE S)
UNDER THE PUBL1C EMPLOYE
RELATIONS ACT
.
.
ASSOCIATION OF PENNSYLVANIA STATE
COLLEGE AND UNIVERSITY FACULTIES
COM
PL IN NT
v.
PENNSYLVANIA STATE SYSTEM OF HIGHER
EDUCATION,
RES PONDENT
DO
NOT
WRITE IN THIS SPACE
CASE NO.
DATE FILED
TO THE HONORABLE, THE MEMBERS OF THE PENNSYLVANIA
L BOR
RELATIONS BOARD:
COMPLAINANT INFORMATION
Association of Pennsylvania State College and University Faculties
Public Employe, Employe Organization or Public Employer
Julie A. Reese
Name of Person filing charge on behalf of Complainant
319 North Front Street
Address
Harrisburg
City
717) 236-7486
Telephone
RESPONDENT INFORMATION
PA
State
HEREBY CHARGES THAT:
Pennsylvania State System
of
Higher Education,
Public Employer, Employe Organization
or
Public Employe alleged
to
have committed unfair practice s)
2986 North Second Street
Address
Harrisburg PA
City State
717) 720-4000
Telephone
Director
Trtle
17101
Zip
17110
Zip
HAS ENGAGED IN UNFAIR PRACTICE S) CONTRARY TO THE PROVISIONS OF THE
PUBLIC EMPLOYE RELATIONS ACT, SECTION 1201 AS FOLLOWS:
Choose
one:
e subsection
a)
0
subsection
b)
Choose all that
apply:
0 clause 1) D clause
4)
D clause 2) IZl clause
5)
D clause 3) D clause
6)
D Check here
if
more than one
respondent
and
list
on
separate sheet
D clause 7)
D clause
8)
D clause
9)
0 Check here if a grievance relating to this issue has been filed and enclose three 3) copies of the grievance
and
one
1)
copy of the Collective Bargaining Agreement to assist in ra\tiew of this charge. .
FAILURE TO ENCLOSE THESE DOCUMENTS WILL CAUSE A DELAY IN PROCESSING.
PERA-9 REV 5-09 Page 1)
i
EXHl.
BIT
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SPECIFICATION OF CHARGES
Set forth all of the events alleged to constitute the unfair practice(s). Include specific facts, dates, names, addresses, place of
occurrence, and Qther relevant facts. If additional space is needed, please continue on additional sheet(s).
The above-named Employer violated §1201 (a)(1) and (5) of the Act on July 24, 2015, when it refused APSCUF s demand
to bargain over application o f its
policy requiring
(1)
criminal background checks
of
current faculty members and (2)
requiring faculty members to report arrest or conviction for 20 listed crimes, even though those faculty members are not
subject to the background checks and reporting requirements
of
the Child Protective Services Law, as amended effective
July 1, 2015. On July 27, 2015, APSCUF learned that the Employer had begun to enforce this policy. On
or
about July
24, 2015, the Employer also told APSCUF that it would discharge employees whose criminal background checks showed
c ~ m v i c t i o n s
of certain crimes, and that it would disciple or discharge employees who failed to obtain background checks.
WHEREFORE, the Complainant respectfully requests the Pennsylvania Labor Relations Board to enter the charge upon the Docket
of
the said Board and to issue and cause to be served upon the Respondent above named a Complaint stating the charge(s) of unfair
practice(s). ·
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF kf -..
On this /8
1
:::
day of e4v LL r - I I 20 IS before me, a . .
in
and for said
County and State, personally appeared
:JV l;ie 4
{2 e
£ ~ ,z,
duly sworn according to law, deposes and
says that he/she
is
the person filing the foregoing CHARGE
OF
UNFAIR PRACTICE(S) and
is
aware
of
the contents hereof and that
the matters and facts set forth herein are true and
c ~ 5 J i t M . i o . t h e . b e s t
Qf or her knowledge, information and belief.
0NWtA1.TH OF
PENNSYLVANJA
SWORN AND. SUBSCRIBED TO before me
the day and year first aforesaid.
{ ? ( ~ V . Q
. . I
Notarial
Seal ,
Luz Espinal, Notary Public
Qty
of Harrisburg, Dauphin County
My
Commission
Expires June
14, 2017
MEMBER, PEHNSYLVANIA
5SOCIATION
OF NOTAAIES
FAILURE TO FILE AN ORIGINAL AND THREE (3) COPIES OF THE CHAAGE
AND
ALL
ACCOMPANYING EXHIBITS MAY CAUSE A
DELAY IN
PROCESSING.
Commonwealth of Pennsylvania I Pennsylvania Labor Relations Board I 651 Boas Street, Room 418 I Harrisburg,
PA
17121-0750
717.787.1091 I Fax 717.783.2974 I www.dli.state.pa.us·
Auxiliary aids and services are available upon request to individuals with disabilities.
PERA-9 REV
> 9
(Page 2)
Equal Opportunity Employer/Program
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~ P S C U F
ASSOCIATION
OF
PENNSYLVANIA
' STATE COLLEGE UNIVERSITY FACULTIES
BLOOMSBURG CALIFORNIA CHEYNEY CLARION EAST STROUDSBURG
EDINBORO INDIANA
KUTZTOWN
LOCK HAVEN MANSFIELD
MILLERSVILLE SHIPPENSBURG SLIPPERY ROCK WEST CHESTER
August 7, 2015
Via Email hard copy to follow by U
S
Mail)
Ms
Lisa A. Sanno
Assistant Vice Chancellor for Labor Relations
Pennsylvania State System ofHigher Education
Dixon University Center
2986 North Second
Street
Harrisburg,
PA
17110
RE: ST APSCUF - Protection
of
Min.ors Policy and Background Check Policy
APSCUF 2015-002ST
Dear Ms. Sanno:
APSCUF is filing the above-referenced grievance directly at Step Three
of
the grievance
procedure.
I
will
appreciate an early reply.
MRDQ/arb
Attachment
cc w/ attachment: Statewide Executive Council
State APSCUF
Meet
Discuss
Team
Chapter Presidents
~
319
N.
Front.Street,
Harrisburg, PA
17101
P
(717)
236-7486 TF
(800)
932-0587 F
(717) 236-1883
www.apscuf.org
@...
EXHI IT
~ u
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Grievant Kenneth M. Mash. President - - - - - - - - - - - - - - - -
_ . , - _ ~ ~ ~ ~ ~ d d r e s s 319 N. Front Street, Harrisburg, PA 17101
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to answer my grievance as the l o w ~ s t 1evel manager who can resolve my grievance.
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(home)
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statement of the grievance, citations of he articles violated as well .as the re.quested re1ief.
:
~ f - ~ t by . . .
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pisposition
by
: Attach written response and send copies to the Grievant and APSCUF Grievance
... . . ; , b . a i r p e r ~ q n .
; ; . · ~ , ~ ~ ~ ~ j ~ ~ · by
Grievance Chrur
____________________
'-<.:.-. -; .
Signature Date
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Chair's Signature Date
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...
Attached is a written statement
of
the
g r i e v a n c e ~
citations
of
the articles violated as
wen as
the requested
relief
.
e ~ ~ i p t by
President/Designee Signature
Date
Disposition
by
President/Designee: Attach written response and send copies to the Grievant and APSCUF Grievance
.Chairperson. ·
,. Received by Grievance Chair Signature Date
STEP THREE:
This
~ h s n o t ~
resol.ved
at
Step Two and
is
submitted
to
Step
Three.
Grievant'sSignature ~ ~ · Date K- ]-f )
Hbg. APSCUF
Staff i g n a t u r e · ~ ~ C J J
Date
i-7-rS
Grievance Chair's Signature
ts:
Dato.
aar:6
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PROTECTION.OF
1v1INORS
POLICY GRIEVANCE
CBA sections violated: Art.
1
13, 15,
31
·
The State System is violating the collective bargaining agreement by 1)
continuing to apply its Protection ofMinors policy, adopted pursuant to
amendments to the Child Protective SerVices Law effective Dec. 31, 2014,
to
employees who are now exempt from application of the law by Act 15
of2015
effective July 1, 2 1 5 ~ and 2) requiring renewal
of
background checks more
frequently than the newly amended law requires. The Employer
is
also violating
the CEA by threatening employees with discharge and discipline for failing to
comply with its improper policy.
APSCUF learned
of
the continuing application of the policy to exempt employees
on July 27, 2015.
Relief requested:·Cease and desist from applying the above-named policy to
employees exempt from the criminal history check and child abuse certification
reporting requirements
of
the law; destroy all criminal history checks and child
abuse certifications obtained about exempt employees, and any materials related
thereto, including but not limited to fingerprints; for any employees subject to the
law, cease and desist from requiring background checks and child abuse
certifications more frequently than the law requires.
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VERIFIC TION
I,
JULIE
A
REESE certify
that
I
am
employed
as
director
of the
labor
relations department
of
the Association of Pennsylvania State College
and University Faculties ( APSCUF ), and that m authorized
by
APSCUF
to
verify
the
foregoing
document.
certify that
the
statements
made in the
foregoing document
are
true
and
correct to the best
of
my knowledge
information and belief. understand that false
statements
herein
are
made
subject to the penalties of 18 Pa.C.S. §4904 relating to
unsworn falsification
to
authorities.
s : : J ~ _ f
Julie
N R
~ ~ = : : : : . . : . . . . _
·
eese
Date: ~ - 1 6 - \ 5
12
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CERTIFIC TE
O
SERVICE
I certify that I have this
day
served a true and correct copy
of
the
foregoing
document by
hand delivery to:
Office of the Chief Counsel
Pennsylvania State System of
Higher
Education
986 North
Second Street
Harrisburg PA 17110
Date:
8
B y ~