SUBCHAPTER C
POWERS AND DUTIES OF DEPARTMENT
Sec.
6331. Establishment of Statewide database.
6332. Establishment of Statewide toll-free telephone number.
6333. Continuous availability of department.
6334. Disposition of complaints received.
6334.1. Responsibility for investigation.
6335. Access to information in Statewide database.
6336. Information in Statewide database.
6337. Disposition and expunction of unfounded reports and general protective services reports.
6338. Disposition of founded and indicated reports.
6338.1. Expunction of information of perpetrator who was under 18 years of age when
child abuse was committed.
6339. Confidentiality of reports.
6340. Release of information in confidential reports.
6340.1. Exchange of information.
6341. Amendment or expunction of information.
6342. Studies of data in records.
6343. Investigating performance of county agency.
6343.1. Citizen review panels.
6344. Employees having contact with children; adoptive and foster parents.
6344.1. Information relating to certified or licensed child-care home residents.
6344.2. Volunteers having contact with children.
6344.3. Continued employment or participation in program, activity or service.
6344.4. Recertification.
6345. Audits by Attorney General.
6346. Cooperation of other agencies.
6347. Reports to Governor and General Assembly.
6348. Regulations.
6349. Penalties.
§ 6331. Establishment of Statewide database.
There shall be established in the department a Statewide database of protective services,
which shall include the following, as provided by section 6336 (relating to information
in Statewide database):
(1) Reports of suspected child abuse pending investigation.
(2) Reports with a status of pending juvenile court or pending criminal court action.
(3) Indicated and founded reports of child abuse.
(4) Unfounded reports of child abuse awaiting expunction.
(5) Unfounded reports accepted for services.
(6) Reports alleging the need for general protective services.
(7) General protective services reports that have been determined to be valid.
(8) Reports alleging the need for general protective services that have been determined
invalid and are awaiting expunction.
(9) A family case record for all reports accepted for investigation, assessment or services.
(10) Information on reports made to the agency, but not accepted for investigation or assessment.
(11) False reports of child abuse pursuant to a conviction under 18 Pa.C.S. § 4906.1 (relating
to false reports of child abuse) for the purpose of identifying and tracking patterns
of intentionally false reports.
(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Dec. 18, 2013, P.L.1201, No.119,
eff. July 1, 2014; Apr. 7, 2014, P.L.388, No.29, eff. Dec. 31, 2014; May 14, 2014,
P.L.653, No.45, eff. Dec. 31, 2014)
2014 Amendments. Act 29 amended the entire section and Act 45 amended par. (11).
Cross References. Section 6331 is referred to in section 6334 of this title.
Notes of Decisions
In the Int. of: M.M., Appeal of: E.M., 302 A.3d 189 (Pa. Super. Ct. 2023).
· cites it 2× “- 14 - J-S23016-23 specifically 23 Pa.C.S. § 6331. The finding of child abuse in a dependency proceeding can be appealed to the Superior Court[…].”
S.F. v. Pa Dhs (Pa. Commw. Ct. 2023).
“23 Pa. C.S. § 6331. This registry contains, inter alia, reports of suspected child abuse.”
J.F. v. Dep't of Human Servs., Aplt. (Pa. 2021).
“” 23 Pa.C.S. §§6331(3) (statewide database of protective services “shall include” indicated and founded reports of child abuse), 6336(a)(1),(10) (database “shall include[,]” inter alia, name of perpetrator and “whether the report was determined to be founded, indicated or…”
In the Int. of: A.B., Appeal of: M.A. (Pa. Super. Ct. 2021).
“] If the court finds the parent to have perpetrated abuse, the relevant CYS agency would file with the Department of Public Welfare a “founded report” as defined by Section 6303(a) of the CPSL, which would trigger inclusion on the statewide ChildLine Registry, which is also…”
R.L. v. Dhs (Pa. Commw. Ct. 2020).
“See Section 6331 of the Child Protective Services Law (CPSL), 23 Pa. C.S. §6331. Petitioner left Z.S. unsupervised in the early morning, which created a reasonable likelihood of bodily injury to the child.”
Allegheny Cnty. Off. of Child., Youth & Families v. Dep't of Human Servs., 202 A.3d 155 (Pa. Commw. Ct. 2019).
“23 Pa.C.S. § 6331(3). Father originally filed two unsigned appeals and, despite the BHA's issuance of two rule to show cause orders directing him to resubmit signed appeals within 10 calendar days in order for his appeals to be considered valid, Father did not do so.”
J. S. v. Dhs (Pa. Commw. Ct. 2019).
“” 23 Pa. C.S §6331(3). 4 On April 14, 2016, CYF changed the status of its report to founded,5 based on Father’s guilty plea of harassment.”
J.M. v. Dhs (Pa. Commw. Ct. 2018).
“23 Pa.C.S. §6331(3). 4 A person named as a perpetrator in an indicated report of child abuse may request the secretary to expunge an indicated report on the grounds that it is inaccurate or it is being maintained in a manner inconsistent with the Law.”
— 23 Pa. Cons. Stat. § 6331(1) — 2 cases
— 23 Pa. Cons. Stat. § 6331(2) — 5 cases
— 23 Pa. Cons. Stat. § 6331(3) — 5 cases
Allegheny Cnty. Off. of Child., Youth & Families v. Dep't of Human Servs., 202 A.3d 155 (Pa. Commw. Ct. 2019).
“23 Pa.C.S. § 6331(3). Father originally filed two unsigned appeals and, despite the BHA's issuance of two rule to show cause orders directing him to resubmit signed appeals within 10 calendar days in order for his appeals to be considered valid, Father did not do so.”
J.M. v. Dhs (Pa. Commw. Ct. 2018).
“23 Pa.C.S. §6331(3). 4 A person named as a perpetrator in an indicated report of child abuse may request the secretary to expunge an indicated report on the grounds that it is inaccurate or it is being maintained in a manner inconsistent with the Law.”
J. S. v. Dhs (Pa. Commw. Ct. 2019).
“” 23 Pa. C.S §6331(3). 4 On April 14, 2016, CYF changed the status of its report to founded,5 based on Father’s guilty plea of harassment.”
J.F. v. Dep't of Human Servs., Aplt. (Pa. 2021).
“” 23 Pa.C.S. §§6331(3) (statewide database of protective services “shall include” indicated and founded reports of child abuse), 6336(a)(1),(10) (database “shall include[,]” inter alia, name of perpetrator and “whether the report was determined to be founded, indicated or…”
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