PRINTER'S NO. 1842
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1294
Session of
2024
INTRODUCED BY J. WARD, CULVER, FLYNN AND LAUGHLIN, JULY 24, 2024
REFERRED TO AGING AND YOUTH, JULY 24, 2024
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in child protective services, further
providing for responsibility for investigation, for
responsibilities of county agency for child protective
services, for county agency requirements for general
protective services and for purchase of services.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6334.1(4) of Title 23 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding paragraphs to read:
§ 6334.1. Responsibility for investigation.
The department shall establish procedures regarding the
following different responses to address suspected child abuse
and protective services depending on the person's allegedly
committing the suspected child abuse or causing a child to be in
need of protective services:
* * *
(4) If a child is alleged to be in need of other
protective services, the appropriate county agency,
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department employees under paragraph (5) or the contracted
private agency shall assess the needs of the child as
provided in this chapter.
(5) If the department determines that a county agency is
not investigating cases in a timely manner, or the county
agency requests assistance from the department, the
department shall have the authority to assist in the
investigations. The county agency shall designate the general
protective services cases that are to be investigated by the
department. The department employees working on those cases
shall possess the same qualifications and credentials
necessary for county agency personnel to handle
investigations. Department employees shall possess the same
authority to interview witnesses and the child. All
regulations covering the confidentiality of investigations
shall apply to the investigations handled by the department,
as well as any final determination of the case.
(6) The department may form a task force consisting of
department and county agency employees dedicated to
investigating cases it receives under paragraph (5). The task
force may be temporary and may be disbanded when the
department investigation of the designated cases is complete.
(7) The department may authorize the county agency to
contract with a private agency to investigate cases that the
department receives under paragraph (5). The private agency
must be subject to the requirements of 55 Pa. Code Ch. 3680
(relating to administration and operation of a children and
youth social service agency).
(8) The department employees who assist county agencies
shall first work with the county agency personnel to
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determine which cases require general protective services and
those which require child protective services. The department
employees or contracted private agency may then handle the
cases that require general protective services in
consultation with the county agency. If the department's work
on those cases is finished or if there are no general
protective cases that the agency needs assistance with, the
department may assist in cases that require child protective
services.
Section 2. Section 6362(a) of Title 23 is amended to read:
§ 6362. Responsibilities of county agency for child protective
services.
(a) General rule.--[The] Except as provided under section
6334.1(5) (relating to responsibility for investigation), the
county agency shall be the sole civil agency responsible for
receiving and investigating all reports of child abuse made
pursuant to this chapter, specifically including, but not
limited to, reports of child abuse in facilities operated by the
department and other public agencies, for the purpose of
providing protective services to prevent further abuses to
children and to provide or arrange for and monitor the provision
of those services necessary to safeguard and ensure the well-
being and development of the child and to preserve and stabilize
family life wherever appropriate.
* * *
Section 3. Section 6375(a), (b) and (d) of Title 23 are
amended and the section is amended by adding a subsection to
read:
§ 6375. County agency requirements for general protective
services.
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(a) Duties of county agency.--The county agency shall make
available a program of general protective services within each
agency. The county agency or contracted private agency shall
perform those functions assigned by this chapter and others that
would further the purposes of this chapter. It shall have
sufficient staff of sufficient qualifications to fulfill the
purposes of this chapter and be organized in a way as to
maximize the continuity of responsibility, care and service of
individual workers toward individual children and families. The
department by regulation shall set forth staff-to-family ratios
for the receipt and assessment of reports of children in need of
protective services and for the provision of services to
neglected children and their families. Each contracted private
agency personnel shall be required to meet all of the same
standards as county agency personnel when assessing referrals,
conducting investigations and providing services.
(b) Organization of county agency.--Each county agency or a
contracted private agency shall be organized and staffed to
ensure that the agency can provide intake for general protective
services. Intake occurs when a report or referral is made to the
agency or when a parent or person responsible for the child's
welfare requests the assistance of the agency.
* * *
(d) Receiving and assessing reports.--The county agency
[shall be the sole civil agency responsible for receiving and
assessing all] may contract with a private agency to receive and
assess reports of children in need of protective services made
pursuant to this chapter for the purpose of providing protective
services to prevent abuse or neglect to children and to provide
or arrange for and monitor the provision of those services
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necessary to safeguard and ensure the child's well-being and
development and to preserve and stabilize family life wherever
appropriate. The department may waive the receipt and assessment
requirement pursuant to section 6361 (relating to organization
for child protective services). Nothing in this subsection
limits 42 Pa.C.S. § 6304 (relating to powers and duties of
probation officers).
* * *
(p) Immunity.--If a county agency contracts with a private
agency for purposes of accessing reports alleging a need for
general protective services, the contracted private agency, its
officers, governing board members and employees, acting within
the scope of their contracted responsibilities, shall receive
the same immunity available to local agencies as outlined in 42
Pa.C.S. Ch. 85 Subch. C (relating to actions against local
parties).
Section 4. Section 6378 of Title 23 is amended to read:
§ 6378. Purchase of services.
[Except for the receipt and assessment of reports alleging a
need for protective services, the] The county agency may
purchase and utilize the services of any appropriate public or
private agency. The department shall promulgate regulations
establishing standards and qualifications of persons or agencies
providing services for a county agency. The department may, by
regulation, provide for the establishment of regional facilities
or a regional coordination of licensed professional service
providers to provide county agencies with access to licensed
physicians and psychologists, as required by this section.
Section 5. This act shall take effect in 60 days.
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