PRIORH2503B3732A05805 PRINTER'SDMS:CMD NOS.05/20/20 #90 A05805 AMENDMENTS TO HOUSE BILL NO.

3732,2503 3861Sponsor: PRINTER'S NO.

3925REPRESENTATIVE THETOOHIL GENERALPrinter's ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

25033732 2020Amend INTRODUCEDBill, BYpage B.3, line 17, by striking out "immediately" and inserting January 1, 2021 2020/90DMS/HB2503A05805 - 1 -

MILLER, RYAN, RADER, ZIMMERMAN, DRISCOLL, MACKENZIE, STURLA, MENTZER, THOMAS, WILLIAMS, MURT, GREINER AND KORTZ, MAY 12, 2020 AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 10, 2020 AN ACT Amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child protective services, further providing for employees having contact with children and adoptive and foster parents.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1.

Section 6344(m) of Title 23 of the Pennsylvania Consolidated Statutes, amended July 2, 2019 (P.L.336, No.47), is amended to read:

§ 6344.

Employees having contact with children;

adoptive and foster parents.

* * * (m) Provisional employees for limited periods.--[Employers, <-- administrators, supervisors or other persons] An employer, administrator, supervisor or other person responsible for employment decisions may [not] employ [applicants] an applicant on a provisional basis[, except that the department is authorized to grant a waiver of this provision upon request from a] for a single period not to exceed 45 days.

A child day-care center, group day-care home or family child-care home[.

If a child day-care center, group day-care home or family child-care home is granted a waiver, an applicant may be employed] may employ an applicant on a provisional basis for a single period not to exceed 45 days only if, upon request, the department grants a waiver.

In order for an employer, administrator, supervisor or other person responsible for employment decisions to employ an applicant on a provisional basis for a single period not to exceed 45 days, [if] all of the following conditions [are] must be met:

(1) The applicant has applied for the information required under subsection (b) and the applicant provides a copy of the appropriate completed request forms to the employer, administrator, supervisor or other person responsible for employment decisions.

(2) The employer, administrator, supervisor or other person responsible for employment decisions has no knowledge of information pertaining to the applicant which would disqualify [him] the applicant from employment pursuant to subsection (c).

(3) The applicant swears or affirms in writing that [he] the applicant is not disqualified from employment pursuant to subsection (c) or has not been convicted of an offense similar in nature to those crimes listed in subsection (c) under the laws or former laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation, or under a former law of this Commonwealth.

(3.1) [A child day-care center, group day-care home or 20200HB2503PN3925 - 2 - family child-care home] The employer, administrator, supervisor or other person responsible for employment decisions received the result of the report of the criminal history record information under subsection (b)(1) or (3).

(4) If the information obtained pursuant to subsection (b) reveals that the applicant is disqualified from employment pursuant to subsection (c), the applicant shall be immediately dismissed by the employer, administrator, supervisor or other person responsible for employment decisions.

(5) The employer, administrator, supervisor or other person responsible for employment decisions requires that the applicant not be permitted to work alone with children and that the applicant work in the immediate vicinity of a permanent employee.

(M) PROVISIONAL EMPLOYEES FOR LIMITED PERIODS.--[EMPLOYERS, <-- ADMINISTRATORS, SUPERVISORS OR OTHER PERSONS RESPONSIBLE FOR EMPLOYMENT DECISIONS MAY NOT EMPLOY APPLICANTS ON A PROVISIONAL BASIS, EXCEPT THAT THE DEPARTMENT IS AUTHORIZED TO GRANT A WAIVER OF THIS PROVISION UPON REQUEST FROM A CHILD DAY-CARE CENTER, GROUP DAY-CARE HOME OR FAMILY CHILD-CARE HOME.

IF A CHILD DAY-CARE CENTER, GROUP DAY-CARE HOME OR FAMILY CHILD-CARE HOME IS GRANTED A WAIVER, AN APPLICANT MAY BE EMPLOYED ON A PROVISIONAL BASIS FOR A SINGLE PERIOD NOT TO EXCEED 45 DAYS, IF ALL OF THE FOLLOWING CONDITIONS ARE MET:

(1) THE APPLICANT HAS APPLIED FOR THE INFORMATION REQUIRED UNDER SUBSECTION (B) AND THE APPLICANT PROVIDES A COPY OF THE APPROPRIATE COMPLETED REQUEST FORMS TO THE EMPLOYER, ADMINISTRATOR, SUPERVISOR OR OTHER PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS.

20200HB2503PN3925 - 3 - (2) THE EMPLOYER, ADMINISTRATOR, SUPERVISOR OR OTHER PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS HAS NO KNOWLEDGE OF INFORMATION PERTAINING TO THE APPLICANT WHICH WOULD DISQUALIFY HIM FROM EMPLOYMENT PURSUANT TO SUBSECTION (C).

(3) THE APPLICANT SWEARS OR AFFIRMS IN WRITING THAT HE IS NOT DISQUALIFIED FROM EMPLOYMENT PURSUANT TO SUBSECTION (C) OR HAS NOT BEEN CONVICTED OF AN OFFENSE SIMILAR IN NATURE TO THOSE CRIMES LISTED IN SUBSECTION (C) UNDER THE LAWS OR FORMER LAWS OF THE UNITED STATES OR ONE OF ITS TERRITORIES OR POSSESSIONS, ANOTHER STATE, THE DISTRICT OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO OR A FOREIGN NATION, OR UNDER A FORMER LAW OF THIS COMMONWEALTH.

(3.1) A CHILD DAY-CARE CENTER, GROUP DAY-CARE HOME OR FAMILY CHILD-CARE HOME RECEIVED THE RESULT OF THE REPORT OF THE CRIMINAL HISTORY RECORD INFORMATION UNDER SUBSECTION (B) (1) OR (3).

(4) IF THE INFORMATION OBTAINED PURSUANT TO SUBSECTION (B) REVEALS THAT THE APPLICANT IS DISQUALIFIED FROM EMPLOYMENT PURSUANT TO SUBSECTION (C), THE APPLICANT SHALL BE IMMEDIATELY DISMISSED BY THE EMPLOYER, ADMINISTRATOR, SUPERVISOR OR OTHER PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS.

(5) THE EMPLOYER, ADMINISTRATOR, SUPERVISOR OR OTHER PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS REQUIRES THAT THE APPLICANT NOT BE PERMITTED TO WORK ALONE WITH CHILDREN AND THAT THE APPLICANT WORK IN THE IMMEDIATE VICINITY OF A PERMANENT EMPLOYEE.] (1) AN EMPLOYER, ADMINISTRATOR, SUPERVISOR OR OTHER PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS MAY EMPLOY AN APPLICANT ON A PROVISIONAL BASIS FOR A SINGLE PERIOD NOT TO 20200HB2503PN3925 - 4 - EXCEED 45 DAYS IF THE FOLLOWING CONDITIONS ARE MET:

(I) THE APPLICANT HAS APPLIED FOR THE INFORMATION REQUIRED UNDER SUBSECTION (B) AND PROVIDED A COPY OF THE APPROPRIATE COMPLETED REQUEST FORMS TO THE EMPLOYER, ADMINISTRATOR, SUPERVISOR OR OTHER PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS.

(II) THE EMPLOYER, ADMINISTRATOR, SUPERVISOR OR OTHER PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS HAS NO KNOWLEDGE OF INFORMATION THAT WOULD DISQUALIFY THE APPLICANT FROM EMPLOYMENT UNDER SUBSECTION (C).

(III) THE APPLICANT SWEARS OR AFFIRMS IN WRITING THAT THE APPLICANT IS NOT DISQUALIFIED FROM EMPLOYMENT UNDER SUBSECTION (C) AND HAS NOT BEEN CONVICTED OF AN OFFENSE SIMILAR IN NATURE TO THOSE CRIMES LISTED IN SUBSECTION (C) UNDER THE LAWS OR FORMER LAWS OF THIS COMMONWEALTH OR ANY OTHER JURISDICTION.

(IV) THE EMPLOYER, ADMINISTRATOR, SUPERVISOR OR OTHER PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS HAS RECEIVED THE RESULT OF THE REPORT OF THE CRIMINAL HISTORY RECORD INFORMATION UNDER SUBSECTION (B)(1) OR (3).

(2) AN EMPLOYEE HIRED ON A PROVISIONAL BASIS UNDER THIS SUBSECTION MUST WORK IN THE IMMEDIATE VICINITY OF A PERMANENT EMPLOYEE AND SHALL NOT BE PERMITTED TO BE ALONE WITH CHILDREN.

(3) IF THE INFORMATION OBTAINED IN ACCORDANCE WITH SUBSECTION (B) REVEALS THAT THE APPLICANT IS DISQUALIFIED FROM EMPLOYMENT PURSUANT TO SUBSECTION (C), THE APPLICANT SHALL BE DISMISSED IMMEDIATELY.

(4) THIS SUBSECTION DOES NOT APPLY TO A CHILD-CARE INSTITUTION WITHIN THE MEANING OF 42 U.S.C.

§ 672 (RELATING 20200HB2503PN3925 - 5 - TO FOSTER CARE MAINTENANCE PAYMENTS PROGRAM) OR FACILITY THAT SERVES CHILDREN AND IS LICENSED BY THE DEPARTMENT OF HUMAN SERVICES, OTHER THAN A CHILD DAY-CARE CENTER, GROUP DAY-CARE HOME OR FAMILY CHILD-CARE HOME.

* * * Section 2.

This act shall take effect January 1, 2021.

20200HB2503PN3925 - 6 -