HB 1305 — An Act amending the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, establishing the Office of Child Advocate; and imposing penalties.

PRINTER'S NO.    1499

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1305
                                                 Session of
                                                   2025

     INTRODUCED BY SAPPEY, MIHALEK, HILL-EVANS, T. DAVIS, SANCHEZ,
        OTTEN, PIELLI, FREEMAN, GUENST, HADDOCK, KENYATTA, HOWARD,
        NEILSON, DAVIDSON, CIRESI, DEASY, CERRATO, CURRY, M. BROWN,
        STEELE, SCHLOSSBERG AND O'MARA, APRIL 28, 2025

     REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, APRIL 28, 2025


                                      AN ACT
 1   Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
 2      act to consolidate, editorially revise, and codify the public
 3      welfare laws of the Commonwealth," establishing the Office of
 4      Child Advocate; and imposing penalties.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    The act of June 13, 1967 (P.L.31, No.21), known
 8   as the Human Services Code, is amended by adding an article to
 9   read:
10                               ARTICLE VII-A
11                          OFFICE OF CHILD ADVOCATE
12   Section 701-A.    Definitions.
13      The following words and phrases when used in this article
14   shall have the meanings given to them in this section unless the
15   context clearly indicates otherwise:
16      "Child Advocate."    The Child Advocate appointed under section
17   702-A.
18      "Child health, safety and well-being program."        A service or
 1   program designed to:
 2          (1)   Prevent neglect, abuse and exploitation of children
 3      and encourage reporting of suspected child abuse under 23
 4      Pa.C.S. Ch. 63 (relating to child protective services).
 5          (2)   Provide temporary, substitute care in foster family
 6      homes or residential child care facilities for a child in
 7      need of the care under Article VII and 67 Pa.C.S. Chs. 75
 8      (relating to family finding and kinship care) and 77
 9      (relating to adoption opportunities).
10          (3)   Provide court-ordered care or supervision to alleged
11      or adjudicated dependent or delinquent children under 42
12      Pa.C.S. Ch. 63 (relating to juvenile matters).
13          (4)   Provide early intervention under the act of December
14      19, 1990 (P.L.1372, No.212), known as the Early Intervention
15      Services System Act.
16          (5)   Provide education for alleged or adjudicated
17      dependent or delinquent children under 42 Pa.C.S. Ch. 63 who
18      are placed in or are transitioning from residential settings.
19      "County agency."    The county children and youth social
20   service agency exercising the powers and duties provided for
21   under section 405 of the act of June 24, 1937 (P.L.2017,
22   No.396), known as the County Institution District Law, and
23   supervised by the department under Article IX.
24      "Executive agency."    The term shall mean the same as defined
25   under section 102 of the act of October 15, 1980 (P.L.950,
26   No.164), known as the Commonwealth Attorneys Act.
27      "Executive board."    The Executive Board of the Commonwealth
28   established under section 204 of the act of April 9, 1929
29   (P.L.177, No.175), known as The Administrative Code of 1929.
30      "Facility."   A residential facility for children operated or

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 1   licensed by the department under Articles IX and X.
 2      "Local government."     A county, county institution district,
 3   city, borough, incorporated town, township or any similar,
 4   general or limited purpose unit of local government or unit
 5   created by joint action of two or more local government units
 6   authorized to be created by law.
 7      "Office."     The Office of Child Advocate established under
 8   section 702-A.
 9   Section 702-A.    Office of Child Advocate.
10      (a)   Establishment.--The Office of Child Advocate is
11   established within the department to independently and
12   impartially advocate for and advance the interests of children.
13   The office shall operate under the direction of the Child
14   Advocate. The office shall function independently of the
15   department regarding the office's decision-making functions,
16   including the powers and duties specified under this article.
17      (b)   Appointment and qualifications.--
18            (1)   The Child Advocate shall be appointed by the
19      Governor, with the advice and consent of the Senate, and
20      shall hold office for a term of four years and until a
21      successor is duly appointed, but may not serve more than 90
22      days beyond the expiration of the appointed term.
23            (2)   A vacancy occurring by expiration of term, death,
24      resignation, removal or for any other reasons shall be filled
25      in the manner provided by section 8(b) of Article IV of the
26      Constitution of Pennsylvania for the remainder of the term.
27      The Child Advocate may only be removed from office for good
28      cause shown.
29            (3)   When the term of the Child Advocate expires, the
30      position shall be immediately deemed a vacancy and the

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 1      Governor shall nominate a person to fill that position within
 2      90 days of the date of expiration, even if the Child Advocate
 3      continues in office.
 4            (4)   The Child Advocate may be reappointed for additional
 5      terms.
 6            (5)   The Child Advocate shall be an individual who, by
 7      reason of training and experience, is qualified to advocate
 8      for and advance the interests of children.
 9            (6)   To be eligible to be appointed by the Governor as
10      Child Advocate, an individual shall have no known conflict of
11      interest with the department or a county agency and at least
12      six years of professional experience in child advocacy,
13      social work, direct care service to children or related
14      areas, including one year in a supervisory or administrative
15      capacity, and a bachelor's degree. Any equivalent combination
16      of experience and training shall be acceptable.
17      (c)   Compensation.--Compensation for the Child Advocate shall
18   be set by the executive board.
19      (d)   Training.--Within six months of appointment, the Child
20   Advocate and employees of the office shall complete training, at
21   a minimum, in the following areas:
22            (1)   Crisis intervention and behavior management.
23            (2)   Trauma-informed care.
24            (3)   Sensitive and confidential information.
25            (4)   Mandated reporter training.
26            (5)   Compliance with the provisions of the Health
27      Insurance Portability and Accountability Act of 1996 (Public
28      Law 104-191, 110 Stat. 1936).
29      (e)   Mandated reporter.--The Child Advocate and the staff of
30   the office are mandated reporters under 23 Pa.C.S. Ch. 63

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 1   (relating to child protective services) and shall make a report
 2   of suspected child abuse in accordance with 23 Pa.C.S. § 6311
 3   (relating to persons required to report suspected child abuse).
 4      (f)   Clearance.--The Child Advocate and the staff of the
 5   office shall obtain clearance certifications in accordance with
 6   23 Pa.C.S. § 6344 (relating to employees having contact with
 7   children; adoptive and foster parents) as a person responsible
 8   for the child's welfare or having direct contact with children.
 9   The clearance certifications shall be submitted to the
10   department as follows:
11            (1)   By the Child Advocate prior to taking office.
12            (2)   By staff of the office prior to commencement of
13      employment.
14      (g)   Restricted activities.--The Child Advocate may not seek
15   election nor accept appointment to a political office during
16   tenure as the Child Advocate and for one year thereafter.
17      (h)   Facilities and staff.--
18            (1)   Upon request of the Child Advocate, the department
19      shall make available facilities, administrative support and
20      other clerical, technical and professional staff as may be
21      available within the budget of the department. Positions of
22      the office shall be placed under the unclassified service
23      provisions of 71 Pa.C.S. Pt. III (relating to civil service
24      reform).
25            (2)   Legal counsel for the office shall be appointed in
26      accordance with the act of October 15, 1980 (P.L.950,
27      No.164), known as the Commonwealth Attorneys Act.
28   Section 703-A.    Powers and duties.
29      The powers and duties of the office shall be as follows:
30            (1)   Advocate for and advance the interests of children

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 1    by supporting and enhancing child health, safety and well-
 2    being programs.
 3        (2)   Serve as a resource to connect children and families
 4    with child health, safety and well-being programs.
 5        (3)   Perform outreach to youth advocates and professional
 6    organizations involved with facility placements and access.
 7        (3.1)     Consult with executive agencies, county agencies
 8    and individuals with lived experience on child health, safety
 9    and well-being programs.
10        (4)   Conduct visits to a facility as follows:
11              (i)    During a visit, the Child Advocate or the Child
12        Advocate's authorized designee may conduct voluntary
13        interviews of staff and residents of the facility.
14              (ii)    The office shall provide reasonable advance
15        written notification to the department of a visit under
16        this section.
17              (iii)    The Child Advocate shall provide written
18        notification to the department of findings within 30
19        business days after the visit.
20              (iv)    The Child Advocate or authorized designee may
21        not interview the following:
22                     (A)   A resident or staff involved in a pending
23              criminal investigation, prosecution and related
24              appeal or an administrative licensure action and
25              related appeal. This clause shall not apply to the
26              Child Advocate's or authorized designee's support of
27              a subject child under paragraph (11).
28                     (B)   A resident or staff who are the subject of a
29              report under 23 Pa.C.S. Ch. 63 (relating to child
30              protective services) during a child abuse

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 1               investigation and related appeal. This clause shall
 2               not apply to the Child Advocate's or authorized
 3               designee's support of a subject child under paragraph
 4               (11).
 5        (5)    Notwithstanding any other provision of law,
 6    participate as a member of all child fatality or near
 7    fatality review teams under 23 Pa.C.S. § 6365 (relating to
 8    services for prevention, investigation and treatment of child
 9    abuse). The Child Advocate may authorize a designee to
10    participate in a child fatality or near fatality review team
11    on the Child Advocate's behalf.
12        (6)    Coordinate educational, informational and other
13    programs for public awareness and education concerning child
14    maltreatment and the role of the community in supporting and
15    strengthening families and keeping children safe.
16        (7)    Promote and advocate the health, safety and well-
17    being of children before the General Assembly.
18        (8)    Receive and review complaints from the public,
19    including receiving complaints from a child, relating to the
20    processes or procedures of a child health, safety and well-
21    being program. In the Child Advocate's sole discretion, the
22    Child Advocate may make recommendations, referrals, or both,
23    to the appropriate executive agency concerning a complaint.
24        (9)    Review and evaluate the effectiveness and efficiency
25    of the State and local complaint processes for child health,
26    safety and well-being programs and to make recommendations
27    for the improvement of these processes.
28        (10)    Request, access and review otherwise confidential
29    information, records or documents necessary for carrying out
30    the duties and responsibility under this article from an

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 1    executive agency or local government in accordance with
 2    section 704-A(b). Access under this paragraph does not
 3    include access to criminal investigative or intelligence
 4    records.
 5        (11)   As requested, to accompany a child who is a subject
 6    child under 23 Pa.C.S. Ch. 63 to interviews and
 7    administrative hearings.
 8        (12)   Each quarter, send a report to each facility that
 9    was the subject of a complaint under paragraph (8) during the
10    relevant period, listing the complaints involving that
11    facility that were received during the past quarter.
12        (13)   Meet regularly with the secretary and other
13    executive agency and county agency officials and report on
14    any Statewide trends that the Child Advocate has identified
15    with potential solutions.
16        (14)   In collaboration with applicable executive
17    agencies, coordinate educational, informational and other
18    programs for public awareness and education concerning child
19    maltreatment and the role of the community in supporting and
20    strengthening families and keeping children safe.
21        (15)   In collaboration with executive agencies and county
22    agencies, children and families with experience in child
23    health, safety and well-being programs and other interested
24    stakeholders, review trends and promote best practices and
25    effective child health, safety and well-being programs.
26        (16)   In collaboration with executive agencies, county
27    agencies, children and families with experience in child
28    health, safety and well-being programs and other interested
29    stakeholders, provide recommendations regarding improvements
30    for child health, safety and well-being programs.

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 1        (17)   Consult with executive agencies and provide
 2    recommendations on regulations, licensure, financing or any
 3    other responsibilities of the executive agencies to improve
 4    the safety of and promote better outcomes for children and
 5    families receiving services in child health, safety and well-
 6    being programs in the Commonwealth.
 7        (18)   Notwithstanding any other provision of law, serve
 8    as a voting member of the Children's Trust Fund Board.
 9        (19)   Collaborate with local government and executive
10    agencies, including the Office of Victim Advocate, regarding
11    the coordination of services to children who are victims of
12    abuse.
13        (19.1)    Collaborate with local government and executive
14    agencies, including State and local education agencies,
15    regarding education issues relating to alleged or adjudicated
16    dependent or delinquent children under 42 Pa.C.S. Ch. 63
17    (relating to juvenile matters) who are placed in or are
18    transitioning from residential settings.
19        (20)   By June 30, 2025, and June 30 each year thereafter,
20    provide an annual report summarizing the Child Advocate's
21    activities and accomplishments to the Governor, the
22    secretary, the chairperson and minority chairperson of the
23    Aging and Youth Committee of the Senate, the chairperson and
24    minority chairperson of the Children and Youth Committee of
25    the House of Representatives, the chairperson and minority
26    chairperson of the Health and Human Services Committee of the
27    Senate and the chairperson and minority chairperson of the
28    Human Services Committee of the House of Representatives. The
29    annual report shall be posted on the office's publicly
30    accessible Internet website and may not include confidential

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 1      or personally identifiable information. The report shall
 2      include, at a minimum, the following:
 3                  (i)    A summary regarding the type of matters handled
 4            by the Child Advocate during the year.
 5                  (ii)    Recommendations regarding legislation to
 6            improve the safety of and promote better outcomes for
 7            children and families receiving services in child health,
 8            safety and well-being programs in this Commonwealth.
 9                  (iii)    A summary regarding quarterly reports of each
10            facility that was the subject of a complaint received
11            during the relevant period, listing the complaints
12            involving that facility that were received during the
13            past quarter.
14                  (iv)    Any other information the office finds
15            pertinent and beneficial.
16   Section 704-A.        Information, records and documents generally.
17      (a)   Relationship to department and county agency powers and
18   duties.--The powers and duties of the Child Advocate under
19   section 703-A do not supplant, supersede or otherwise affect the
20   powers, duties and responsibilities of the department or a
21   county agency. Nothing in this article shall be construed to
22   prohibit the department, a county agency or the Child Advocate
23   from working in collaboration with each other.
24      (b)   Access.--Notwithstanding any other provision of law,
25   upon request of the office, an executive agency or local
26   government shall furnish information, records or documents under
27   a child health, safety and welfare program to the Child Advocate
28   or an authorized designee as follows:
29            (1)   An executive agency or local government shall
30      furnish existing information, records or documents in the

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 1      executive agency's or local government's possession, custody
 2      or control within 10 days of receiving a request. Nothing in
 3      this article shall be construed to require an executive
 4      agency or local government to create a record that does not
 5      currently exist or provide access to information, records or
 6      documents in a pending investigation.
 7            (2)   Access to child protective services information,
 8      records and documents may be made available to the Child
 9      Advocate after the issuance of a final determination under 23
10      Pa.C.S. § 6368(f) (relating to investigation of reports) or
11      the expiration of related litigation and the applicable
12      pending appeal periods, whichever is later. After the
13      expiration of this time period, the requested information,
14      records or documents shall be furnished to the Child Advocate
15      within 10 days of receiving the Child Advocate's request.
16            (3)   Access under this subsection does not include access
17      to the identity of the person who makes a report of suspected
18      child abuse, law enforcement records or records prohibited
19      from disclosure under Federal law or court order.
20      (c)   Immunity.--Notwithstanding any other provision of law, a
21   person providing requested materials under subsection (b) may
22   not be found, by reason of having provided the materials, to
23   have violated any criminal law or to be civilly liable under any
24   law, unless the materials are false and the person providing the
25   materials knew or had reason to believe that the materials were
26   false and was motivated by malice toward a person directly
27   affected by the action.
28      (d)   Confidentiality.--
29            (1)   Confidential, privileged or protected information,
30      records or documents provided to the Child Advocate under

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 1      subsection (b):
 2                  (i)    Shall remain confidential, privileged and
 3            protected.
 4                  (ii)    May not be discoverable or admissible as
 5            evidence in an action or proceeding.
 6                  (iii)    May not be accessible for inspection and
 7            duplication in accordance with the act of February 14,
 8            2008 (P.L.6, No.3), known as the Right-to-Know Law.
 9            (2)   Information, records or documents that would
10      otherwise be available from original sources may not be
11      construed as immune from discovery or use in an action or
12      proceeding merely because they were presented to the Child
13      Advocate.
14            (3)   The home address of the Child Advocate and employees
15      of the office is not a public record under the Right-to-Know
16      Law. The office's nonexempt financial records and aggregated
17      data, as defined in section 102 of the Right-to-Know Law,
18      shall remain subject to the Right-to-Know Law, provided that
19      personally identifiable information shall be redacted.
20      (e)   Unauthorized access.--A person who divulges confidential
21   information, records or documents received under this article to
22   an unauthorized person commits a misdemeanor of the second
23   degree. A person who violates the provisions of this section
24   shall, in addition to other civil or criminal penalties provided
25   by law, be denied access to the information, records or
26   documents provided under this article.
27      Section 2.        This act shall take effect in 60 days.




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