23 Pa. Cons. Stat. § 6349

Penalties.

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§ 6349. Penalties.

(a) Failure to amend or expunge information.--

(1) A person or official authorized to keep the records mentioned in section 6337 (relating to disposition and expunction of unfounded reports and general protective services reports) or 6338 (relating to disposition of founded and indicated reports) who willfully fails to amend or expunge the information when required commits a misdemeanor of the third degree for the first violation and a misdemeanor of the second degree for a second or subsequent violation.

(2) A person who willfully fails to obey a final order of the secretary or designated agent of the secretary to amend or expunge the summary of the report in the Statewide database or the contents of any report filed pursuant to section 6313 (relating to reporting procedure) commits a misdemeanor of the third degree.

(b) Unauthorized release of information.--A person who willfully releases or permits the release of any information contained in the Statewide database or the county agency records required by this chapter to persons or agencies not permitted by this chapter to receive that information commits a misdemeanor of the second degree. Law enforcement officials shall insure the confidentiality and security of information under this chapter. A person, including a law enforcement official, who violates the provisions of this subsection shall, in addition to other civil or criminal penalties provided by law, be denied access to the information provided under this chapter.

(b.1) Unauthorized access or use of information.--A person who willfully accesses, attempts to access or uses information in the Statewide database for a purpose not authorized under this chapter commits a misdemeanor of the second degree. A person who uses information in the Statewide database for a purpose not authorized under this chapter with intent to harass, embarrass or harm another person commits a misdemeanor of the first degree.

(c) Noncompliance with child-care personnel regulations.--An administrator, or other person responsible for employment decisions in a child-care facility or program, who willfully fails to comply with the provisions of section 6344 (relating to employees having contact with children; adoptive and foster parents) commits a violation of this chapter and shall be subject to a civil penalty as provided in this subsection. The department shall have jurisdiction to determine violations of section 6344 and may, following a hearing, assess a civil penalty not to exceed $2,500. The civil penalty shall be payable to the Commonwealth.

(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Apr. 7, 2014, P.L.388, No.29, eff. Dec. 31, 2014; Oct. 22, 2014, P.L.2529, No.153, eff. Dec. 31, 2014)

2014 Amendments. Act 29 amended subsecs. (a) and (b), added subsec. (b.1) and carried without amendment subsec. (c) and Act 153 amended subsec. (c).

Cross References. Section 6349 is referred to in section 6335 of this title.

Notes of Decisions

Cited in 6 cases (4 in the last 5 years), 1998–2024 · leading case: Victoria Schrader v. District Attorney York County

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Victoria Schrader v. District Attorney York County (2023) ca3 · cites it 3× “” 23 Pa. Cons. Stat. § 6349 (b). The DA later dismissed the charge without prejudice.”

V.B.T. v. Family Services of Western Pennsylvania (1998) pasuperct · cites it 2× “Section 6349(b) of the CPSL, 23 Pa.C.S. § 6349(b), sets forth the penalty for unauthorized release of information as follows: “A person who willfully releases or permits the release of any information contained in the pending complaint file, the Statewide central register or the…”

Crabbe v. Unemployment Comp. Bd. of Review (2018) pacommwct “See 23 Pa.C.S. § 6349(c) (allowing civil penalties up to $2,500 for noncompliance with child care personnel regulations).”

Mercado v. Gregory M. Snyder, Judge of the CCP of York County, PA, in his official capacity (2023) pamd · cites it 2× “) On January 26, 2021, Mercado was charged with Unauthorized Release of Information, pursuant to 23 Pa. Cons. Stat. § 6349 (b). (Doc. 24-1, p.”

Mercado v. Sunday (2024) pamd “) As a result of the Facebook posting, the District Attorney charged Mercado with a second-degree violation of 23 Pa. Cons. Stat. § 6349 (b) of the Pennsylvania Child Protective Services Law (“CPSL”) for publicly releasing protected child abuse documents.”

Schrader v. Sunday (2024) pamd “) As a result of the Facebook posting, the District Attorney charged Mercado with a second-degree violation of 23 Pa. Cons. Stat. § 6349 (b) of the Pennsylvania Child Protective Services Law (“CPSL”) for publicly releasing protected child abuse documents.”

— 23 Pa. Cons. Stat. § 6349(b) — 1 case

V.B.T. v. Family Services of Western Pennsylvania (1998) pasuperct “Section 6349(b) of the CPSL, 23 Pa.C.S. § 6349(b), sets forth the penalty for unauthorized release of information as follows: “A person who willfully releases or permits the release of any information contained in the pending complaint file, the Statewide central register or the…”

— 23 Pa. Cons. Stat. § 6349(c) — 1 case

Crabbe v. Unemployment Comp. Bd. of Review (2018) pacommwct “See 23 Pa.C.S. § 6349(c) (allowing civil penalties up to $2,500 for noncompliance with child care personnel regulations).”

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