HB 1369 — An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child protective services, further providing for disposition and expunction of unfounded reports and general protective services reports and for disposition of founded and indicated reports, repealing provisions relating to expunction of information of perpetrator who was under 18 years of age when child abuse was committed and further providing for amendment or expunction of information and for evidence in court proceedings; and making editorial changes.

PRINTER'S NO.   1563

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1369
                                               Session of
                                                 2025

     INTRODUCED BY STAATS, PROBST, KUZMA, M. MACKENZIE, BERNSTINE,
        KAUFFMAN, STEHR AND DAY, APRIL 30, 2025

     REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, MAY 1, 2025


                                    AN ACT
 1   Amending Title 23 (Domestic Relations) of the Pennsylvania
 2      Consolidated Statutes, in child protective services, further
 3      providing for disposition and expunction of unfounded reports
 4      and general protective services reports and for disposition
 5      of founded and indicated reports, repealing provisions
 6      relating to expunction of information of perpetrator who was
 7      under 18 years of age when child abuse was committed and
 8      further providing for amendment or expunction of information
 9      and for evidence in court proceedings; and making editorial
10      changes.
11      The General Assembly of the Commonwealth of Pennsylvania
12   hereby enacts as follows:
13      Section 1.    Sections 6337 and 6338(b) and (c) of Title 23 of
14   the Pennsylvania Consolidated Statutes are amended to read:
15   § 6337.   Disposition and expunction of unfounded reports and
16                general protective services reports.
17      (a)    [General rule] Expunction in general.--When a report of
18   suspected child abuse is determined by the appropriate county
19   agency to be an unfounded report, the information concerning
20   that report of suspected child abuse shall be maintained for a
21   period of [one year] 30 years. Following the expiration of [one
22   year] 30 years after the date the report was received by the
 1   department, the report shall be expunged from the Statewide
 2   database, as soon as possible, but no later than 120 days after
 3   the [one-year] 30-year period following the date the report was
 4   received by the department, and no information other than that
 5   authorized by subsection (b), which shall not include any
 6   identifying information on any subject of the report, shall be
 7   retained by the department. The expunction shall be mandated and
 8   guaranteed by the department.
 9      (b)     Absence of other determination.--If an investigation of
10   a report of suspected child abuse conducted by the appropriate
11   county agency pursuant to this chapter does not determine within
12   60 days of the date of the initial report of the instance of
13   suspected child abuse that the report is a founded report, an
14   indicated report or an unfounded report, or unless within that
15   same 60-day period court action has been initiated and is
16   responsible for the delay, the report shall be considered to be
17   an unfounded report, and all information identifying the
18   subjects of the report shall be expunged no later than 120 days
19   following the expiration of [one year] 30 years after the date
20   the report was received by the department. The agency shall
21   advise the department that court action or an arrest has been
22   initiated so that the Statewide database is kept current
23   regarding the status of all legal proceedings and expunction is
24   delayed.
25      (c)     Unfounded reports accepted for services.--Information on
26   an unfounded report shall be retained in the Statewide database
27   if the county agency has accepted the family for services and
28   the report of suspected child abuse is clearly identified as an
29   unfounded report. The county agency shall notify the department
30   immediately upon closure of the case, and the report shall be

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 1   expunged as soon as possible, but no later than 120 days after
 2   the [one-year] 30-year period following the date the family case
 3   was closed. [If the subject child of the unfounded report
 4   becomes 23 years of age prior to the closure of the family case,
 5   the unfounded report shall be expunged when the subject child
 6   reaches 23 years of age.]
 7      (d)   Expunction of valid general protective services
 8   reports.--Information concerning valid general protective
 9   services reports shall be maintained in the Statewide database
10   as follows:
11            (1)   Reports that are assessed by the county agency and
12      are determined to be valid, but are not accepted for
13      services, shall be reported to the department and entered
14      into the Statewide database. The reports shall be maintained
15      for a period of [ten] 30 years [or until the youngest child
16      identified in the most recent general protective services
17      report attains 23 years of age, whichever occurs first].
18      Following the expiration of [ten] 30 years after the date the
19      report was received by the department [or until the youngest
20      child identified in the most recent general protective
21      services report attains 23 years of age, whichever occurs
22      first], the report shall be expunged from the Statewide
23      database as soon as possible, but no later than 120 days
24      after the [ten-year] 30-year period following the date the
25      report was received by the department [or the youngest child
26      identified in the most recent general protective services
27      report attains 23 years of age, whichever occurs first].
28            (2)   Reports that are assessed by the county agency and
29      accepted for services shall be reported to the department,
30      except as otherwise provided in subsection (f)(2), and

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 1      entered into the Statewide database. The reports shall be
 2      maintained for a period of [ten] 30 years after the closure
 3      of services by the county agency [or until the youngest child
 4      identified in the most recent general protective services
 5      report attains 23 years of age, whichever occurs first].
 6      Following the expiration of [ten] 30 years after the closure
 7      of services by the county agency [or until the youngest child
 8      identified in the most recent general protective services
 9      report attains 23 years of age, whichever occurs first], the
10      report shall be expunged from the Statewide database as soon
11      as possible, but no later than 120 days after the [ten-year]
12      30-year period following the closure of services by the
13      county agency [or the youngest child identified in the most
14      recent general protective services report attains 23 years of
15      age, whichever occurs first].
16            (3)   The expunction of information on general protective
17      services under this subsection shall be mandated and
18      guaranteed by the department.
19      (e)   Expunction of invalid general protective services
20   reports.--When a report alleging the need for general protective
21   services is determined by the appropriate county agency to be an
22   invalid report, the information concerning that report shall be
23   maintained for a period of [one year] 30 years. Following the
24   expiration of [one year] 30 years after the date the report was
25   received by the department, the report shall be expunged as soon
26   as possible, but no later than 120 days after the [one-year] 30-
27   year period following the date the report was received by the
28   department. The expunction shall be mandated and guaranteed by
29   the department.
30      (f)   County agency records.--Information concerning

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 1   protective services reports shall be maintained by a county
 2   agency as follows:
 3             (1)   County agency records of protective services shall
 4      be used and maintained in a manner that is consistent with
 5      the use and maintenance of information in the Statewide
 6      database, as provided under this chapter, except as otherwise
 7      provided in paragraph (2). If required under this chapter to
 8      amend or expunge information in the Statewide database, the
 9      department shall notify the appropriate county agency of the
10      amendment or expungement within ten days. The county agency
11      shall amend or expunge its records in a commensurate manner
12      within ten days of receiving notification from the
13      department.
14             (2)   A county agency may maintain information regarding
15      protective services reports that have been expunged in the
16      Statewide database for access by the county agency to assist
17      in future risk and safety assessments and research.
18   § 6338.    Disposition of founded and indicated reports.
19      * * *
20      [(b)    Expunction of information when child attains 23 years
21   of age.--Except as provided in subsection (c), all information
22   which identifies the subjects of founded and indicated child
23   abuse reports shall be expunged when the subject child reaches
24   the age of 23. The expunction shall be mandated and guaranteed
25   by the department.]
26      (c)    Retention of information.--The Statewide database shall
27   indefinitely retain the names of perpetrators of child abuse and
28   school employees who are subjects of unfounded, founded or
29   indicated reports only if the individual's Social Security
30   number or date of birth is known to the department. [The entry

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 1   in the Statewide database shall not include identifying
 2   information regarding other subjects of the report.]
 3      Section 2.     Section 6338.1 of Title 23 is repealed:
 4   [§ 6338.1.     Expunction of information of perpetrator who was
 5                  under 18 years of age when child abuse was committed.
 6      (a)   General rule.--The name of a perpetrator who is the
 7   subject of an indicated report of child abuse and who was under
 8   18 years of age when the individual committed child abuse shall
 9   be expunged from the Statewide database when the individual
10   reaches 21 years of age or when five years have elapsed since
11   the perpetrator's name was added to the database, whichever is
12   later, if the individual meets all of the following:
13            (1)   The individual has not been named as a perpetrator
14      in any subsequent indicated report of child abuse and is not
15      named as an alleged perpetrator in a child abuse report
16      pending investigation.
17            (2)   The individual has never been convicted or
18      adjudicated delinquent following a determination by the court
19      that the individual committed an offense under section
20      6344(c) (relating to employees having contact with children;
21      adoptive and foster parents), and no proceeding is pending
22      seeking such conviction or adjudication.
23            (3)   The child abuse which resulted in the inclusion of
24      the perpetrator's name in the database did not involve the
25      use of a deadly weapon, as defined under 18 Pa.C.S. § 2301
26      (relating to definitions).
27      (b)   Mandated expunction.--If the perpetrator meets all of
28   the requirements under subsection (a), the expunction shall be
29   mandated and guaranteed by the department.
30      (c)   Nonapplicability.--The provisions of this section shall

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 1   not apply to any of the following cases:
 2          (1)   A perpetrator who is the subject of a founded report
 3      of child abuse.
 4          (2)   A sexually violent delinquent child, as defined in
 5      42 Pa.C.S. § 9799.12 (relating to definitions), who meets all
 6      of the following:
 7                (i)    Is required to register under 42 Pa.C.S. Ch. 97
 8          Subch. H (relating to registration of sexual offenders).
 9                (ii)    Was found delinquent as a result of the same
10          acts which resulted in the sexually violent delinquent
11          child being named a perpetrator of child abuse.
12          (3)   A juvenile offender, as defined in 42 Pa.C.S. §
13      9799.12, who meets all of the following:
14                (i)    Is required to register under 42 Pa.C.S. Ch. 97
15          Subch. H as a result of an adjudication of delinquency
16          for the same acts which resulted in the juvenile offender
17          being named a perpetrator of child abuse.
18                (ii)    Has not been removed from the Statewide
19          Registry of Sexual Offenders pursuant to 42 Pa.C.S. §
20          9799.17 (relating to termination of period of
21          registration for juvenile offenders).
22          (4)   An individual who:
23                (i)    Is required to register under 42 Pa.C.S. Ch. 97
24          Subch. H or I (relating to continued registration of
25          sexual offenders) as a result of a criminal conviction
26          for the same acts which resulted in the sexual offender
27          being named a perpetrator of child abuse.
28                (ii)    Has not completed the period of registration
29          required under 42 Pa.C.S. Subch. H or I.]
30      Section 3.      Sections 6340(d), 6341 heading, (a), (b), (c),

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 1   (e) and (f), 6368(f)(6) and 6381(a) of Title 23 are amended to
 2   read:
 3   § 6340.    Release of information in confidential reports.
 4      * * *
 5      (d)    Exclusion of information.--Except as provided under
 6   section 6341(c.2)(4) (relating to amendment [or expunction] of
 7   information), information maintained in the Statewide database
 8   obtained from an investigating agency in relation to an appeal
 9   request shall not be released to any person except a department
10   official. Information in the Statewide database or a
11   confidential report provided under section 6341(c.2)(4) shall be
12   subject to subsection (c).
13   § 6341.    Amendment [or expunction] of information.
14      (a)    [General rule] Amendment.--Notwithstanding [section
15   6338.1 (relating to expunction of information of perpetrator who
16   was under 18 years of age when child abuse was committed)] the
17   provisions of this chapter:
18             (1)   At any time, the secretary may amend [or expunge]
19      any record in the Statewide database under this chapter upon
20      good cause shown and notice to the appropriate subjects of
21      the report. The request shall be in writing in a manner
22      prescribed by the department. For purposes of this paragraph,
23      good cause shall include, but is not limited to, [the
24      following:
25                   (i)   Newly] newly discovered evidence that an
26             indicated report of child abuse is inaccurate or is being
27             maintained in a manner inconsistent with this chapter.
28                   [(ii)   A determination that the perpetrator in an
29             indicated report of abuse no longer represents a risk of
30             child abuse and that no significant public purpose would

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 1            be served by the continued listing of the person as a
 2            perpetrator in the Statewide database.]
 3            (2)   Any person named as a perpetrator, and any school
 4      employee named, in an indicated report of child abuse may,
 5      within 90 days of being notified of the status of the report,
 6      request an administrative review by, or appeal and request a
 7      hearing before, the secretary to amend [or expunge] an
 8      indicated report on the grounds that it is inaccurate or it
 9      is being maintained in a manner inconsistent with this
10      chapter. The request shall be in writing in a manner
11      prescribed by the department.
12            (3)   Within 60 days of a request under paragraph (1) or a
13      request for administrative review under paragraph (2), the
14      department shall send notice of the secretary's decision.
15      (b)   Review of grant of request.--If the secretary grants the
16   request under subsection (a)(2), the Statewide database,
17   appropriate county agency, appropriate law enforcement officials
18   and all subjects shall be so advised of the decision. The county
19   agency and any subject have 90 days in which to file an
20   administrative appeal with the secretary. If an administrative
21   appeal is received, the secretary or his designated agent shall
22   schedule a hearing pursuant to Article IV of the act of June 13,
23   1967 (P.L.31, No.21), known as the Public Welfare Code,
24   attending departmental regulations. If no administrative appeal
25   is received within the designated time period, the Statewide
26   database shall comply with the decision of the secretary and
27   advise the county agency to amend [or expunge] the information
28   in their records so that the records are consistent at both the
29   State and local levels.
30      (c)   Review of refusal of request.--Subject to subsection

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 1   (c.1), if the secretary refuses a request under subsection (a)
 2   (1) or a request for administrative review under subsection (a)
 3   (2), or does not act within the prescribed time, the perpetrator
 4   or school employee shall have the right to appeal and request a
 5   hearing before the secretary to amend [or expunge] an indicated
 6   report on the grounds that it is inaccurate or it is being
 7   maintained in a manner inconsistent with this chapter. The
 8   request for hearing must be made within 90 days of notice of the
 9   decision. The appropriate county agency and appropriate law
10   enforcement officials shall be given notice of the hearing. The
11   burden of proof in the hearing shall be on the appropriate
12   county agency. The department shall assist the county agency as
13   necessary.
14      * * *
15      (e)   Order.--The secretary or designated agent may make any
16   appropriate order respecting the amendment [or expunction] of
17   such records to make them accurate or consistent with the
18   requirements of this chapter.
19      (f)   Notice of expunction.--Written notice of an expunction
20   of any child abuse record made pursuant to the provisions of
21   this chapter shall be served upon the subject of the record who
22   was responsible for the abuse or injury and the appropriate
23   county agency. Except as provided in this subsection, the county
24   agency, upon receipt of the notice, shall take appropriate,
25   similar action in regard to the local child abuse records and
26   inform, for the same purpose, the appropriate coroner if that
27   officer has received reports pursuant to section 6367 (relating
28   to reports to department and coroner). Whenever the county
29   agency investigation reveals, within 60 days of receipt of the
30   report of suspected child abuse, that the report is unfounded

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 1   but that the subjects need services provided or arranged by the
 2   county agency, the county agency shall retain those records and
 3   shall specifically identify that the report was an unfounded
 4   report of suspected child abuse. An unfounded report regarding
 5   subjects who receive services shall be expunged no later than
 6   120 days following the expiration of [one year] 30 years after
 7   the termination or completion of services provided or arranged
 8   by the county agency.
 9      * * *
10   § 6368.    Investigation of reports.
11      * * *
12      (f)    Final determination.--Immediately upon conclusion of the
13   child abuse investigation, the county agency shall provide the
14   results of its investigation to the department in a manner
15   prescribed by the department. Within three business days of
16   receipt of the results of the investigation from the county
17   agency, the department shall send notice of the final
18   determination to the subjects of the report, other than the
19   abused child. The determination shall include the following
20   information:
21             * * *
22             (6)   The perpetrator's right to file an appeal of an
23      indicated finding of abuse pursuant to section 6341 (relating
24      to amendment [or expunction] of information) within 90 days
25      of the date of notice.
26             * * *
27   § 6381.    Evidence in court proceedings.
28      (a)    [General rule] Rule of evidence.--In addition to the
29   rules of evidence provided under 42 Pa.C.S. Ch. 63 (relating to
30   juvenile matters), the rules of evidence in this section shall

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1   govern in child abuse proceedings in court or in any department
2   administrative hearing pursuant to section 6341 (relating to
3   amendment [or expunction] of information).
4      * * *
5      Section 4.   This act shall take effect in 60 days.




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