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APPENDIX A

The Child Protective Services Law (Excerpt)


COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF PUBLIC WELFARE

THE CHILD PROTECTIVE SERVICES LAW
Title 23 Pa. C. S. A. Chapter 63

Seal of the Dept. of Public Welfare

TOM RIDGE

GOVERNOR

FEATHER O. HOUSTOUN

SECRETARY, DEPARTMENT OF PUBLIC WELFARE

OFFICE OF CHILDREN, YOUTH AND FAMILIES

COV 168 - 3/99

Child Protective
Services Law

Cross References. Section 6343 is referred to in section 6340 of this title.

6344. Information relating to prospective child-care personnel.

  1. Applicability.--This section applies to all prospective employees of child-care services, prospective foster parents, prospective adoptive parents, prospective self- employed family day-care providers and other persons seeking to provide child-care services under contract with a child-care facility or program. This section does not apply to administrative or other support personnel unless their duties will involve direct contact with children.
  2. Information submitted by prospective employees.--Administrators of child- care services shall require applicants to submit with their applications the following information obtained within the preceding one-year period:
    1. Pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal history record information), a report of criminal history record information from the Pennsylvania State Police or a statement from the Pennsylvania State Police that the State Police central repository contains no such information relating to that person. The criminal history record information shall be limited to that which is disseminated pursuant to 18 Pa.C.S. 9121(b)(2) (relating to general regulations).
    2. A certification from the department as to whether the applicant is named in the central register as the perpetrator of a founded report of child abuse, indicated report of child abuse, founded report for school employee or indicated report for school employee.
    3. Where the applicant is not a resident of this Commonwealth, administrators shall require the applicant to submit with the application for employment a report of federal criminal history record information. The applicant shall submit a full set of fingerprints to the department. The department shall submit the fingerprints to the Federal Bureau of Investigation in order to obtain a report of Federal criminal history record information and serve as intermediary for the purposes of this section.
    For the purposes of this subsection, an applicant may submit a copy of the required information with an application for employment. Administrators shall maintain a copy of the required information and shall require applicants to produce the original document prior to employment.
  3. Grounds for denying employment.--
    1. In no case shall an administrator hire an applicant where the department has verified that the applicant is named in the central register as the perpetrator of a founded report of child abuse committed within the five-year period immediately preceding verification pursuant to this section.
    2. In no case shall an administrator hire an applicant if the applicant's criminal history record information indicates the applicant has been convicted of one or more of the following offenses under Title 18 (relating to crimes and offenses) or an equivalent crime under Federal law or the law of another state:
      • Chapter 25 (relating to criminal homicide).
      • Section 2702 (relating to aggravated assault).
      • Section 2709 (relating to harassment and stalking).
      • Section 2901 (relating to kidnapping).
      • Section 2902 (relating to unlawful restraint).
      • Section 3121 (relating to rape).
      • Section 3122.1 (relating to statutory sexual assault).
      • Section 3123 (relating to involuntary deviate sexual intercourse).
      • Section 3124.1 (relating to sexual assault).
      • Section 3125 (relating to aggravated indecent assault).
      • Section 3126 (relating to indecent assault).
      • Section 3127 (relating to indecent exposure).
      • Section 4302 (relating to incest).
      • Section 4303 (relating to concealing death of child).
      • Section 4304 (relating to endangering welfare of children).
      • Section 4305 (relating to dealing in infant children).
      • A felony offense under section 5902 (b) (relating to prostitution and related offenses).
      • Section 5903(c) or (d) (relating to obscene and other sexual materials and performances).
      • Section 6301 (relating to corruption of minors).
      • Section 6312 (relating to sexual abuse of children).
      • The attempt, solicitation or conspiracy to commit any of the offenses set forth in this paragraph.
    3. In no case shall an administrator hire an applicant if the applicant's criminal history record information indicates the applicant has been convicted of a felony offense under the act of April 14, 1972 (P.L.233, No. 64), known as the controlled substance, drug, device and cosmetic act, committed within the five- year period immediately preceding verification under this section.
  4. Prospective adoptive or foster parents.--With regard to prospective adoptive or prospective foster parents, the following shall apply:
    1. In the course of causing an investigation to be made pursuant to section 2535(a) (relating to investigation), an agency or person designated by the court to conduct the investigation shall require prospective adoptive parents to submit the information set forth in subsection (b)(1) and (2) for review in accordance with this section.
    2. In the course of approving a prospective foster parent, a foster family care agency shall require prospective foster parents to submit the information set forth in subsection (b)(1) and (2) for review by the foster family care agency in accordance with this section.