§ 6344.2. Volunteers having contact with children
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 23 Pa.C.S.A. Domestic RelationsEffective: September 30, 2019
Effective: September 30, 2019
23 Pa.C.S.A. § 6344.2
§ 6344.2. Volunteers having contact with children
(a) Applicability.--This section applies to an adult applying for or holding an unpaid position as a volunteer with a child-care service, a school or a program, activity or service, as a person responsible for the child's welfare or having direct volunteer contact with children and an individual identified under section 6344(a)(5)(ii) (relating to employees having contact with children; adoptive and foster parents).
(b) Investigation.--Employers, administrators, supervisors or other persons responsible for selection of volunteers shall require an applicant to submit to all requirements set forth in section 6344(b) except as provided in subsection (b.1). An employer, administrator, supervisor or other person responsible for selection of volunteers regarding an applicable prospective volunteer under this section that intentionally fails to require the submissions before approving that individual commits a misdemeanor of the third degree.
(ii) The prospective volunteer has been a resident of this Commonwealth during the entirety of the previous 10-year period or, if not a resident of this Commonwealth during the entirety of the previous 10-year period, has received certification under section 6344(b)(3) at any time since establishing residency in this Commonwealth and provides a copy of the certification to the person responsible for the selection of volunteers.
(iii) The prospective volunteer swears or affirms in writing that the prospective volunteer is not disqualified from service pursuant to section 6344(c) or has not been convicted of an offense similar in nature to those crimes listed in section 6344(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.
(d) Departmental treatment of information.--Information provided and compiled under this section by the department shall be confidential and shall not be subject to the act of February 14, 2008 (P.L. 6, No. 3), known as the Right-to-Know Law.1 This information shall not be released except as permitted by the department through regulation. The department may charge a fee to conduct a certification as required by section 6344(b)(2) in accordance with the provisions of section 6344(h). The department shall promulgate regulations necessary to carry out this subsection.
(f) Nonresident volunteer certification.--Employers, administrators, supervisors or other persons responsible for selection of volunteers may allow a volunteer to serve on a provisional basis not to exceed a total of 30 days in a calendar year if the volunteer is in compliance with the clearance standards under the law of the jurisdiction where the volunteer is domiciled. The nonresident volunteer must provide the employer, administrator, supervisor or other person responsible for selection of volunteers with documentation of certifications.
(g) Waiver of fees for certain background certifications.--The fees for certifications required under section 6344(b)(1) and (2) which a volunteer is required to submit under this section shall be waived, and the certifications shall be provided free of charge to the volunteer under the following conditions:
(h) Presumption of good faith.--For the purposes of criminal liability under this section, an employer, administrator, supervisor or other persons responsible for the selection of volunteers are presumed to have acted in good faith when identifying individuals required to submit certifications and maintain records as required by this section.
Credits
2006, Nov. 29, P.L. 1581, No. 179, § 5, effective in 60 days [Jan. 29, 2007]. Amended 2014, May 14, P.L. 653, No. 45, § 7, effective Dec. 31, 2014; 2014, Oct. 22, P.L. 2529, No. 153, § 10, effective Dec. 31, 2014; 2015, July 1, P.L. 94, No. 15, § 7, imd. effective; 2018, June 28, P.L. 375, No. 54, § 2, imd. effective; 2019, July 2, P.L. 336, No. 47, § 3, effective Sept. 30, 2019.
Footnotes
65 P.S. § 67.101 et seq.
23 Pa.C.S.A. § 6344.2, PA ST 23 Pa.C.S.A. § 6344.2
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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