§ 6383. Education and training
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 23 Pa.C.S.A. Domestic RelationsEffective: July 1, 2015
Effective: July 1, 2015
23 Pa.C.S.A. § 6383
§ 6383. Education and training
(a) Duties of department and county agencies.--The department and each county agency, both jointly and individually, shall conduct a continuing publicity and education program for the citizens of this Commonwealth aimed at the prevention of child abuse and child neglect, including the prevention of newborn abandonment, the identification of abused and neglected children and the provision of necessary ameliorative services to abused and neglected children and their families. The department and each county agency shall conduct an ongoing training and education program for local staff, persons required to make reports and other appropriate persons in order to familiarize those persons with the reporting and investigative procedures for cases of suspected child abuse and the rehabilitative services that are available to children and families. In addition, the department shall, by regulation, establish a program of training and certification for persons classified as protective services workers. The regulations shall provide for the grandfathering of all current permanent protective services workers as certified protective services workers. Upon request by the county agency and approval of the department, the agency may conduct the training of the county's protective services workers.
(a.1) Study by department.--The department shall conduct a study to determine the extent of the reporting of suspected child abuse in this Commonwealth where the reports upon investigation are determined to be unfounded and to be knowingly false and maliciously reported or it is believed that a minor was persuaded to make or substantiate a false and malicious report. The department shall submit the report to the Governor, General Assembly and Attorney General no later than June 1, 1996. The report shall include the department's findings and recommendations on how to reduce the incidence of knowingly false and malicious reporting.
(4) The department shall implement this subsection within 180 days of the effective date of this subsection.1
(1) The Department of State shall make training and educational programs and materials available for all professional licensing boards whose licensees are charged with responsibilities for reporting child abuse under this chapter with a program of distributing educational materials to all licensees.
(2) Each licensing board with jurisdiction over professional licensees identified as mandated reporters under this chapter shall promulgate regulations within one year of the effective date of this subsection on the responsibilities of mandated reporters. These regulations shall clarify that the provisions of this chapter take precedence over any professional standard that might otherwise apply in order to protect children from abuse.
(i) Require all persons applying for a license or certification issued by the licensing board to submit documentation acceptable to the licensing board of the completion of at least three hours of approved child abuse recognition and reporting training. Training shall address, but shall not be limited to, recognition of the signs of child abuse and the reporting requirements for suspected child abuse in this Commonwealth. Training shall be approved by the department. The training may occur as part of the continuing education requirement of the license.
(ii) Require all persons applying for the renewal of a license or certification issued by the licensing board to submit documentation acceptable to the licensing board of the completion of at least two hours of approved continuing education per licensure cycle. Continuing education shall address, but shall not be limited to, recognition of the signs of child abuse and the reporting requirements for suspected child abuse in this Commonwealth. Continuing education curricula shall be approved by the licensing board in consultation with the department. The two hours of continuing education on child abuse recognition and reporting shall be completed by each licensee as a portion of the total continuing education required for biennial license renewal.
(A) required by section 1205.6 of the act of March 10, 1949 (P.L. 30, No. 14),2 known as the Public School Code of 1949, and the training program was approved by the Department of Education in consultation with the department; or
(B) required by the act of June 13, 1967 (P.L. 31, No. 21),3 known as the Public Welfare Code, and the training program was approved by the department.
(6) A professional licensee identified as a mandated reporter may apply to the licensing board with jurisdiction over the licensee for an exemption from the training or continuing education required by paragraph (3). A licensing board may exempt the licensee if the licensee submits documentation acceptable to the licensing board that the licensee should not be subject to the training or continuing education requirement.
(i) Operators of institutions, facilities or agencies which care for children and are subject to supervision by the department under Article IX of the Public Welfare Code,4 and their employees who have direct contact with children.
(iii) Operators of facilities and agencies which care for children and are subject to licensure by the department under Article X of the Public Welfare Code5 and their employees who have direct contact with children.
(v) The adult family member who is a person responsible for the child's welfare and is providing services to a child in a family living home, a community home for individuals with an intellectual disability or a host home which is subject to supervision or licensure by the department under Articles IX and X of the Public Welfare Code.
(3) Employees who have direct contact with children and foster parents shall receive three hours of training within six months of the issuance of a license or approval certificate and three hours of training every five years thereafter. New employees and new foster parents shall receive three hours of training within 90 days of hire or approval as a foster parent and three hours of training every five years thereafter.
“Direct contact with children.” The care, supervision, guidance or control of children or routine interaction with children.
“Operator.” An executive or facility director. The term does not include a person who is not involved in managerial decisions related to the provision of services for or care of children with regard to any of the following:
Credits
1990, Dec. 19, P.L. 1240, No. 206, § 2, effective in 90 days. Amended 1994, Dec. 16, P.L. 1292, No. 151, § 7; 2002, Dec. 9, P.L. 1549, No. 201, § 5, effective in 60 days; 2014, April 15, P.L. 411, No. 31, § 1, effective Dec. 31, 2014; 2014, April 15, P.L. 417, No. 33, § 5, effective Dec. 31, 2014; 2014, Oct. 22, P.L. 2529, No. 153, § 13, effective Dec. 31, 2014; 2015, July 1, P.L. 94, No. 15, § 8.1, imd. effective.
Footnotes
Subsec. (a.2) added by 2014, April 15, P.L. 417, No. 33, § 5, effective Dec. 31, 2014.
24 P.S. § 12-1205.6.
62 P.S. § 101 et seq.
62 P.S. § 901 et seq.
62 P.S. § 1001 et seq.
23 Pa.C.S.A. § 6383, PA ST 23 Pa.C.S.A. § 6383
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document |