23 Pa.C.S. § 6337 Disposition and Expunction of Unfounded Reports and General Protective Services Reports

• Library: Pennsylvania Statutes
• Edition: 2023
• Currency: Current through P.A. Acts 2023-66
• Year: 2023
• Citation: 23 Pa.C.S. § 6337

(a) General rule.--When a report of suspected child abuse is determined by the appropriate county agency to be an unfounded report, the information concerning that report of suspected child abuse shall be maintained for a period of one year. Following the expiration of one year after the date the report was received by the department, the report shall be expunged from the [pending complaint file] statewide database, as soon as possible, but no later than 120 days after the one-year period following the date the report was received by the department, and no information other than that authorized by subsection (b), which shall not include any identifying information on any subject of the report, shall be retained by the department. The expunction shall be mandated and guaranteed by the department.

(b) Absence of other determination.--If an investigation of a report of suspected child abuse conducted by the appropriate county agency pursuant to this chapter does not determine within 60 days of the date of the initial report of the instance of suspected child abuse that the report is a founded report, an indicated report or an unfounded report, or unless within that same 60-day period court action has been initiated and is responsible for the delay, the report shall be considered to be an unfounded report, and all information identifying the subjects of the report shall be expunged no later than 120 days following the expiration of one year after the date the report was received by the department. The agency shall advise the department that court action or an arrest has been initiated so that the [pending complaint file] statewide database is kept current regarding the status of all legal proceedings and expunction is delayed.

(c) [EXPUNCTION OF INFORMATION.--ALL INFORMATION IDENTIFYING THE SUBJECTS OF ANY REPORT OF SUSPECTED CHILD ABUSE AND OF ANY REPORT UNDER SUBCHAPTER C.1 (RELATING TO STUDENTS IN PUBLIC AND PRIVATE SCHOOLS) DETERMINED TO BE AN UNFOUNDED REPORT SHALL BE EXPUNGED FROM THE PENDING COMPLAINT FILE PURSUANT TO THIS SECTION. THE EXPUNCTION SHALL BE MANDATED AND GUARANTEED BY THE DEPARTMENT.] Unfounded reports accepted for services.-- Information on an unfounded report shall be retained in the statewide database if the county agency has accepted the family for services and the report of suspected child abuse is clearly identified as an unfounded report. The county agency shall notify the department immediately upon closure of the case and the report shall be expunged as soon as possible, but no later than 120 days after the one-year period following the date the family case was closed. If the subject child of the unfounded report becomes 23 years of age prior to the closure of the family case, the unfounded report shall be expunged when the subject child reaches 23 years of age.