23 Pa.C.S. § 6344 Employees Having Contact With Children; Adoptive and Foster Parents

• Library: Pennsylvania Statutes
• Edition: 2023
• Currency: Current through P.A. Acts 2023-66
• Year: 2023
• Citation: 23 Pa.C.S. § 6344

(a) Applicability.--Beginning December 31, 2014, this section applies to the following individuals:

(1) An employee of child-care services.

(2) A foster parent.

(3) A prospective adoptive parent.

(4) A self-employed [family [day-care] child-care provider] provider of child-care services in a family [day- care provider] child-care home.

(5) [An]

(i) Except as provided under subparagraph (ii), an individual 14 years of age or older who is applying for or holding a paid position as an employee [with a program, activity or service, as a person and is] with a program, activity or service, as a person responsible for the [welfare of a child] child's welfare or having direct contact with children [through a program, activity or service].

(ii) [An] If the program, activity or service is an internship, externship, work-study, co-op or similar program, an adult applying for or holding a paid position with an employer that participates in [an] the internship, externship, work-study, co-op or similar program with a school and [is identified by the employer] whom the employer and the school identify as the child's supervisor and the person responsible for the child's welfare while the child participates in the program with the employer. [This subparagraph does not apply to other employees of that employer who have not been identified as the person responsible for the child's welfare.] The adult identified under this subparagraph as the person responsible for the child's welfare is required to be in the immediate vicinity at regular intervals with the child during the program.

(6) Any individual seeking to provide child-care services under contract with a child-care facility or program.

(7) An individual 18 years of age or older who resides in the home of a foster parent for at least 30 days in a calendar year or who resides in the home of a prospective adoptive parent for at least 30 days in a calendar year.

(8) An individual 18 years of age or older who resides for at least 30 days in a calendar year in the following homes which are subject to supervision or licensure by the department under Articles IX and X of the act of June 13, 1967 (P.L.31,No.21), known as the Public Welfare Code:

(i) A family living home.

(ii) A community home for individuals with an intellectual disability.

(iii) A host home for children.

This paragraph does not include an individual with an intellectual disability or chronic psychiatric disability receiving services in a home.

(a.1) School employees.--This section shall apply to school employees as follows:

(1) School employees governed by the provisions of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, shall be subject to the provisions of section 111 of the Public School Code of 1949, except that this section shall apply with regard to the [information] certification required under subsection (b)(2) [and the grounds for denying employment under subsection (c)(1)].

(2)

(i) School employees not governed by the provisions of the Public School Code of 1949 shall be governed by this section.

(ii) This paragraph shall not apply to an employee of an institution of higher education whose direct contact with children, in the course of employment, is limited to [children 16 years of age or older who are] either:

(A) prospective students visiting a campus operated by the institution of higher education; or

(B) matriculated students who are enrolled with the institution. [and attend classes at a campus or facility operated by the institution of higher education. This section shall not apply to students who have not received a high school diploma or its equivalent.]

(iii) [Subparagraph (ii)(A) and (B)] The exemption under subparagraph (ii)(B) shall not apply to students who are enrolled in a secondary school.

(a.2) Minors.--An individual between 14 and 17 years of age who applies for or holds a paid position as an employee who is a person responsible for the child's welfare or a person with direct contact with children through a program, activity or service prior to the commencement of employment or under section 6344.4 (relating to recertification) shall be required to submit only the information under subsection (b)(1) and (2) to an employer, administrator, supervisor or other person responsible for employment decisions, if the following apply:

(1) The individual has been a resident of this Commonwealth during the entirety of the previous 10-year period or, if not a resident of this Commonwealth during the entirety of the previous 10-year period, has received certification under subsection (b)(3) at any time since establishing residency in this Commonwealth and provides a copy of the certification to the employer.

(2) The individual and the individual's parent or legal guardian swears or affirms in writing that the individual is not disqualified from service under subsection (c) or has not been convicted of an offense similar in nature to those crimes listed in subsection (c) under the laws or former laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation, or under a former law of this Commonwealth.

[(a.3) Internships and similar programs with schools.--An adult applying for or holding a paid position with an employer that participates in an internship, externship, work-study, co- op or similar program with a school shall not be required to submit information under subsection (b) if the child participating in the program is at least 16 years of age.]

[(a.4)] (a.3) Exchange visitor.--An individual in possession of a nonimmigrant visa issued pursuant to 8 U.S.C. § 1101 (a)(15) (J) (relating to definitions) to an exchange visitor, commonly referred to as a "J-1" Visa, shall not be required to submit information under subsection (b) if all of the following apply:

(1) The individual is applying for or holds a paid position with a program, activity or service for a period not to exceed a total of 90 days in a calendar year.

(2) The individual has not been employed previously in this Commonwealth or another state, the District of Columbia or the Commonwealth of Puerto Rico.

[(2)] (3) The individual swears or affirms in writing that the individual is not disqualified from service under subsection (c) or has not been convicted of an offense similar in nature to the crimes listed under subsection (c) under the laws or former laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation, or under a former law of this Commonwealth.

(b) Information to be submitted.--An individual identified in subsection (a)(7) or (8) at the time the individual meets the description set forth in subsection (a)(7) or (8) and an individual identified in subsection (a)(1), (2), (3), (4), (5) or (6) [or], (a.1) or (a.2) prior to the commencement of employment or service or in accordance with section 6344.4 shall be required to submit the following information to an employer, administrator, supervisor or other person responsible for employment decisions or involved in the selection of volunteers: