apscuf filing for injunction on background checks policy

8/20/2019 APSCUF Filing for Injunction on Background Checks policy

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IN

THE

COMMONWEALTH COURT

OF

PENNSYLVANIA

NO. l ory

~ h

9c.Jtb

ASSOCIATION OF PENNSYLVANIA STATE COLLEGE AND

UNIVERSITY FACULTIES,

Petitioners

v.

'

PENNSYLVANIA STATE SYSTEM

OF

HIGHER EDUCATION;

COMMONWEALTH OF PENNSYLVANIA,

Respondents

PETITION FOR REVIEW IN

THE

NATURE

OF

AN APPLICATION FOR PRELIMINARY INJUNCTION

AND

PERMANENT

INJUNCTION

FILED

WITHIN

THE COURT S ORIGINAL JURISDICTION

James L. Cowden

l.D. No. 20082

Jennifer A.

Nachamkin

l.D. No. 200931

Strokoff Cowden, PC

132

State

Street

Harrisburg,

PA .

17101

(71

7

233-5353

Attorneys for Petitioners

-

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)

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The Association of Pennsylvania State College and University

Faculties, by their

attorneys,

Strokoff and Cowden, files

this

Petition for

Review

in the nature

of

an

application for a preliminary injunction

and

permanent

injunction, under

authority

of

Pa.R.C.P.

1531.

1. This Court

has

original jurisdiction

over

this Petition for

Review in the

nature

of

an

application for a preliminary and

permanent

injunction under 42 Pa.C.S. §761(a)(l)

because

the respondent is

an agency

of

the

Commonwealth of

Pennsylvania.

2.

Petitioner,

Association

of Pennsylvania State

College

and

University

Faculties ( APSCUF ) is

the certified

bargaining agent under

the

Public Employee

Relations

Act ( PERA ),

43 P.S.

§1101.101

et

seq., of a

bargaining unit of faculty members employed by the

Pennsylvania

State

System of Higher Education ( State System ).

In

academic year

2014-2015

there

were over

6000

full-time and

part-time employees in

APSCUF's faculty

bargaining

unit each

semester.

APSCUF

has

its offices at 319

North

Front

Street,

Harrisburg,

P 17101.

3. Respondent, the

State

System, is a public corporation

created by

Act

188 of 1982,

24

P.S. §20-2001-A

et

seq., to operate

Pennsylvania s 14 state-owned

universities.

t has its offices at

2986

North

Front

Street, Harrisburg, P

17110.

4. APSCUF

and the State

System and

the

State System s

predecessor, the

Commonwealth

of Pennsylvania, have been parties to a



series

of

collective

bargaining

agreements ( CBA's) setting terms and

conditions

of employment

for

State System faculty

since 1971.

5. APSCUF and the

State

System s

last CBA

expired

on June

30, 2015. APSCUF has not

gone

on strike, and negotiations

are

continuing.

6.

Under

Pennsylvania law as interpreted by this Court,

the

terms of

the

expired CBA continue as long as APSCUF does not go on strike.

Luzerne Intermediate Unit No. 18 v. Luzerne Intermediate Unit Educ. Ass n,

89 A.3d 319 (Pa .

Cmwlth.

2014).

7. APSCUF

and

the State

System

have been

negotiating for

a

successor CBA since August,

2014,

and

have

been in

mediation pursuant

to

§80 1 of PERA, 43 P.S.

§1101.801, since September,

2014. Negotiations for a

successor CBA are

ongoing.

Negotiations are

currently scheduled

for August

21 and 26, 2015.

8. In 2014 the

Pennsylvania

legislature amended the Child

Protective Services Law ( CPSL ), 23

Pa.C.S.

§6301

et

seq., to require many

employees of

institutions

of higher education,

including

employees of the

State System, to obtain (1) criminal history

records checks

from the

Pennsylvania

State Police and the

Federal

Bureau of Investigation,

and 2)

certifications from the Pennsylvania Department

of Human

Services that

they were

not subject

to child

abuse

investigations, or

had not been

found to

be child

abusers,

as

a

condition

of continued

employment, and 3)

to report

any arrests or

convictions

for 20 enumerated

crimes

to

their employers.

Id.

§6344, §6344.3. Hereinafter, the

criminal history

records checks

and child

3



abuse certifications

are collectively called background

checks.

The

arrest

and-conviction reporting requirements are called reporting

requirements.

9.

The date

for

compliance by employees subject to

the

2014

version of the CPSL was set as December 3 1, 2015.

10. In order to obtain the FBI background check, employees

must be

fingerprinted.

11. The

2014

version of the CPSL required repeated

background checks every 36 months.

12.

The

2014 amendments

to

the

CPSL

subjected most

members of

the

APSCUF faculty bargaining

uni

t

to the law's background

checks and reporting requirements because it applied to all employees who

came in contact with children

in

their

employment. That

is because almost

all faculty

members advise freshmen

students, and

freshmen may

still be

under age 18

when

they

matriculate in college. The CPSL

defined child as

anyone

under age 18.

13.

Under

authority of the 2014

amendments to

the

CPSL the

Board of Governors of the State System adopted a

policy

requiring all

State

System

employees to comply

with

the

background check

and reporting

requirements

of the

law. A copy of

the

policy,

entitled Protection of Minors

policy ( policy''),

is

attached as

Exhibit

A hereto. The State System also told

APSCUF that it would discharge persons who failed the background

checks,

and

stated

that

it

would

impose discipline, up

to and

including discharge, on

4



employees

who

failed

to obtain background checks and meet its

reporting

requirements.

14. The State System

did not immediately

implement

the

background check requirements of the law.

15. On July 1, 2015,

the

CPSL

was

amended by Act 15 of

2015, a copy of which

is attached

as

Exhibit

B hereto.

Act

15 exempts

employees of ins1 .itutions of higher education from the above-described

background check and reporting requirements of

the

law if their direct

contact with children is limited

to

matriculated students enrolled with

the

institution and

prospective

students visiting

a campus. Act 15

of 20

1

5,

Section 5;

23

Pa.C.S. §6344 (a.1)(2). Act 15 also extends the requirement of

repeated background checks from 36months to 60 months.

16. The effect of Act

15

is

to

exempt almost

all

employees

within APSCUF s faculty bargaining

unit

from

the background check

and

reporting requirements of the CPSL. That is because

the

children with

whom

faculty members

routinely have

contact

are

matriculated students.

17. The

State

System has provided APSCUF with information

stating that 760 non-matriculated high

school

students took one or more

courses

at

the

14

State System universities

in

the

2014-2015 academic year.

Because some of those high school students were likely 18 years old or older

APSCUF believes, and therefore afore avers, that fewer than 760 non-

matriculated children took courses at State System universities

in

the

2014-2015 academic year.

5



18.

The total

student enrolment of

the

14

State

System

universities in

the 2014-2015

academic

year

was

about

109 606.

19. In

academic

year 2014-2015

the

number

of

high

school

students total number of students and

number

of individual faculty

members at each State

System university

was as follows:

High School Total Total

Students

Students Faculty

Bloomsburg

201

9 998

540

California

71

7 978 412

Cheyney

0

1 022 96

Clarion 119 5 712 316

East

1

6 820 332

Stroudsburg

Edinboro 76 6 837

371

Indiana

75

14 369 777

Kutztown

1

9 218

457

Lock Haven 34 4 917 249

Mansfield

46

2 752 192

Millersville

47

8 047

481

Shippensburg 20 7 355 480

Slippery

Rock

7

8 495

416

West Chester

62

16 086

957

System Total

760

109 606

6 076

The figures

stated

above

for

total

students

and faculty are

for fall

semester

2014. The figures for

high

school students are the total for summer

school

2014 and for

academic

year

2014-2015

combined.

20. APSCUF believes and therefore

avers

that non-

matriculated high school students who

take

university courses commonly

enroll in

the same

course.

6



2 1. APSCUF believes and

therefore

avers, that fewer than 600

of its 6000-person-plus

bargaining unit

have non-matriculated

children in

the

courses that they

teach.

22. APSCUF believes

and

therefore

avers, that fewer

than

600

of the

faculty

members

in

its

6,000-person-plus bargaining unit

are subject

to the background checks and

reporting

requirements

imposed

by

the

CPSL

as amended by Act 15 of 2015, because they have no contact with un

matriculated children.

23. Act 15 constitutes,

in

part,

a legislative

determination

that

the prior provisions of the CPSL insofar as they applied to employees of

institutions of higher education, were excessive and

not necessary. Act

15

clearly

exempts

many

employees of institutions

of higher

education,

including those of the State System, from background check and

reporting

requirements.

24.

On July 21, 2015,

APSCUF demanded

that

the

State

System bargain

over its policy to the

extent that it imposes

obligations

on

members

of its bargaining unit

in

excess

of the requirements of

the

CPSL.

25. On

July

24,

2015,

the State System told APSCUF

orally

that it will

not

bargain over exempting any employees from the aforesaid

policy imposing background checks and reporting requirements in

excess

of

those

required by

the CPSL.

At

the same time

it

told APSCUF that

it would

enforce the policy by discharging

employees who do

not comply wit it. On

August 7, 2015, the State

System

refused to bargain in writing.

7



26. On July

27,

2015, APSCUF learned that as of July 10,

2015,

the State System had begun to implement its policy

requiring

background checks of all employees.

27. Faculty members n APSCUF s bargaining unit

resume

active

employment

at State

System universities after

the summer recess

when classes begin for

the

fall semester on August 24, 2015.

28.

On

August 18, 2015, APSCUF filed

an unfair

practice

charge with

the

Pennsylvania Labor

Relations

Board ( PLRB ) under

§1201(a)(l)

and

5)

of

PERA,

43

P.S.

§l

101.1201(a)(l)

and

(5),

asking the

PLRB

to

find that

the

State System is violating PERA by refusing

to

bargain

with

APSCUF over

application of

its

policy to

faculty who

are not subject

to

the

CPSL. A copy

of that unfair

practices charge is

attached

as

Exhibit

C

hereto.

29. The State System s unilateral

adoption

of

and impending

enforcement

of its

policy

of requiring background

checks and reporting

requirements

on

faculty members

who are

statutorily exempt under

the

CPSL:

a) abridges APSCUF's right to bargain that is protected by

PERA,

b)

disrupts the

status quo that must be maintained under

the expired

CBA,

8



c) upsets

the

respective

bargaining

power of APSCUF and the

State

System

allowing the

State

System an

unfair advantage in

bargaining.

30.

On

August 7, 2015, APSCUF filed a grievance alleging that

the

application of

the

policy to

employees

exempt

from the

CPSL violates

the

CBA betWeen APSCUF and the State System. A copy

of

that

grievance

is

attached

as Exhibit D hereto.

31. The policy s requirements that current employees

who

are

not

subject

to

the

CPSL

provide

the

State System with background checks

and report arrests and

convictions,

and imposing the penalty of

discharge

for

non-compliance,

are mandatory

subjects for bargaining under PERA.

32. The

background checks and reports

of

arrest and/or

conviction that will

be reported to

the State

System

under the policy contain

life-long records

of

convictions and certain

records

of

arrests,

including

arrests

and convictions that have no relationship to

abuse

of

children. Such

information

when

communicated to

the employee s

employer will expose the

employee

to

discrimination,

disadvantage

and prejudice when

applying for

rehire, tenure, promotion, and assignment or selection

to positions

of

authority

and

prestige, and otherwise harm the employees stature and

reputations, and constitutes irreparable

harm

to such employees.

33. n injunction prohibiting

the State

System

from

applying

the policy to employees

who are exempt

from

the

CPSL

until

the PLRB

determines whether or not an unfair practice

has

occurred is necessary

to



preserve

the

bargaining rights of APSCUF and to preserve

the

status

quo

as

required

by

Luzerne Intermediate Unit,

supra.

34. No injury will be imposed

on the

State System if

an

injunction issues barring

application of

the

policy to employees

who

are not

subject

to

the background check and

reporting

requirements

of

the CPSL.

35.

By

applying

the policy to employees who

are

now

exempt

from the requirements

of

the

CPSL,

thus

forcingAPSCUF to attempt to

bargain for exemption from the policy, rather than

have

the State System

bargai

n for

application

of the

policy, APSCUF s

bargaining

power

is damaged.

This damage to APSCUF s bargaining power

constitutes

immediate

and

irreparable injury

and disrupts labor

peace.

Greater

Nanticoke Area

Educ.

Ass n v.

Greater

Nanticoke Area

School

Dist., 938 A.2d

1177,

1185-1186 (Pa.

Cmwlth. 2007).

36. n injunction to preserve the status quo pending

resolution of

unfair

practice

charges and grievances

over

the employer s duty

to

bargain, in order

to

protect the bargaining rights

of

APSCUF, is required

under Mazzie v

Commonwealth,

495

Pa. 128, 432 A.2d 985 (1981).

WHEREFORE, Petitioner APSCUF asks

the

Court to enter a

preliminary injunction and, after further hearing, a

permanent

injunction,

prohibiting

Respondent

State

System

from

applying

the

policy insofar as

it

requires background checks and

imposes reporting

requirements

on

· employees who are exempt

from the

background check and

reporting

provisions of

the

Child Protective

Services

Law pending adjudication of

the

10



aforesaid

unfair practice

charge and

grievance or

resolution

of the issue

through collective

bargaining.

Date: I ; t ;:

Respectfully

submitted,

STROKOFF COWDEN, P.C.

By: 7

·Cowden

I.D. No.

20082

JennlierA.Nacham.kin

I.D. No.

200931

132 State Street

Harrisburg,

PA

17101

(71

7) 233-5353

11



Policy 2014-01

Protection of Minors on

Campus

~

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Policy 2014 01 A: Protection of Minors

Pennsylvania s

State System of Higher Education

Board

of

Governors

Effective:

December 31, 2014

See Also:

Page

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Download-Printable PDF)

Board of Governors' Policy 2009-01

Board of Governors' Policy 1991-04-A

Board

of

Governors' Policy 2009-03

Board

of

Governors' Policy 1985-04-A

PASSHE Procedure/Standard Number 2013-15

Adopted: July

8,

2014

Amended

: January 22, 2015

A.

Purpose

and Scope

The purpose

of

this policy is to promote the safety and security

of

children who participate in programs held on

Pennsylvania State System

of

Higher Education (PASSHE) university property. This policy applies to all PASSHE

universities, their sponsoring units, and the Office

of

the Chancellor. All PASSHE administrators, faculty, coaches,

staff, students, independent contractors, and volunteers in PASSHE university-sponsored programs or in programs

for minors held on university property must comply with this policy.

This policy applies to all programs and activities involving minors that fall within the scope of this policy, including

graduate and undergraduate course offerings, programs operated by the university

or

non-university-sponsored

programs

on

campus, and programs under the direction and authority

of

the university at locations off campus. This

policy applies to such programs and activities whether they are limited to daily activities or involve the housing

of

minors. Examples

of

programs governed by this policy include, but are not limited to, summer camps, specialty

camps (e.g., academic and patient camps), outreach activities, workshops, conferences, tutoring, educational

programs, licensed child care facilities and programs, and affiliated entity activities. All programs subject to state

licensure are required to comply with applicable laws and regulations. Program administrators should consult with

the appropriate vice president and university legal counsel regarding licensure questions.

Except for the reporting

of

child abuse, this policy does not apply

to:

(1) events on campus that are open to the

general public and which minors attend at the sole discretion

of

their parents or legal guardians,

2)

private events

where minors attend under parental

or

legal guardian supervision, or (3) other programs as may

be

designated by

the university president or designated official in advance and

in

writing as exempt from this policy or specific

provisions

of

this policy. ·

B.

Definition

s

Affiliated Entity:

A private organization (typically classified as a 501 (c)(3) nonprofit organization for federal tax

purposes) that exists solely

for

the benefit

of

the university and is recognized as such by the university's council of

trustees or the Board

of

Governors, including, but not limited to, foundations, alumni associations, and student

associations. For more information on affiliated entities, see Board

of

Governors' Policy 1985-04-A:

niversifr

XHI IT

http://www.passhe.edu/inside/er/protectionofminorsiPages/Policy-2014-0 l.aspx

I

a



Policy 2014 01

Page

of5

External

Finar:icial

Support and PASSHE Procedure/Standard Number 2013

15

Relationships

wffh

Affiliated

Entities

Authorized Adults

or Program

Staff: Individuals; paid

or

unpaid, who may have direct contact, interact with, treat,

supervise, chaperone, or otherwise oversee minors. This includes, but

is

not limited to, faculty, staff, volunteers,

graduate and undergraduate students, interns, employees

of

temporary employment agencies, and independent

contractors. Roles of authorized adults or program staff include, but are not limited to, positions as counselors,

chaperones, coaches, instructors, health care providers, and outside providers running programs in leased facilities.

This definition does not include temporary guest speakers, presenters,

or

other individuals who have no direct

contact with program participants other than short-term activities supervised by program staff; or fellow

students_

whose only role

is

as a participant

in

the education, services, or program offered. ·

Child Abuse:

Child abuse is defined

in 23 Pa

. C.S.

§6303.

That definition includes nonaccidental actions or

omissions that cause serious physical or mental injunes to a child, or sexual abuse/sexual exploitation of a child

including:

1

Physical Abuse: Acts

or

omissions that cause,

or

fail to prevent, a serious physical injury to a child.

2.

Sexual Abuse: Includes, but

is

not limited to, rape, sexual assault, molestation, incest, indecent exposure,

or

otherwise exploiting a child

in

a manner

in

which the child is ·used for gratification or sexual enjoyment by another

person.

3.

Emotional or Mental Abuse: Acts or omissions that have an actual

or

likely severe negative impact on a child's

emotional and behavioral development, including those resulting from persistent

or

severe emotional

mistreatment.

4. Neglect: A severe

or

persistent failure to provide for a child's physical, emotional,

or

basic needs.

Direct Contact:

Providing care, supervision, guidance, or control;

or

routine interaction with minors.

Independent Contractor:

An individual who provides a program, activity,

or

service to a State System entity that is

responsible for the care, supervision, guidance, or control of children.

Mandated Reporter: In a situation of suspected child abuse, all PASSHE administrators, faculty, coaches, staff,

student workers, independent contractors, and volunteers are considered mandated reporters.

Minor/Child:

A person under

18

years

of

age. Minors may be enrolled undergraduate/graduate students; students

dually enrolled with the university and

in

elementary, middle,

or

high school; employees; or participants

in

program

activities.

One-on-One

Contact:

Personal, unsupervised interaction between any authorized adult or program staff and a

participant without at least one other authorized adult or program staff, parent, or legal guardian being present.

Program, Activity

or Service:

Programs, activities, or services offered by various academic

or

administrative units

of

the university, or by nonuniversity groups using university facilities where the parents or legal guardians are not

responsible for the care, custody, or control

of

their children. This includes, but is not limited to, workshops, services;

camps, conferences, campus visits, and similar activities. These do not include organized events where parents or

legal guardians are responsible for minors.

Program

Administrator: The person(s) who has primary and direct operational responsibility for managing a

program.

Registry:

An official record

or

list

of

authorized adults

or

programs.

Sponsoring Uni t: The academic or administrative unit

of

the university that offers a program or gives approval for

the use

of

university facilities.

State System Entity: One

of

the State System universities or the Office of the Chancellor.

University

Facilities: Facilities owned by or under the control

of

a State System entity, including spaces used for

educatiorJ, athletics, dining, recreation, university housing, and on-campus affiliate-owned housing.

University Sponsored Programs: Programs that are directly managed by university faculty, staff, and affiliated

entities on behalf of the university.

All

university-sponsored programs must be registered.

Non University Sponsored Programs: Programs that are not operated on behalf of the university or under the

university's control.

C.

PoUcy

http://www.passhe.edu/inside/er/protectionofminors/Pages/Policy 2014 0 l .aspx 7/30/2015



Policy 2014 01

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of5

Each State System entity offering or approving programs that involve minors within the scope

o

this document will

establish and implement policies and procedures consistent with this policy. The chancellor, after consultation with

the chair o the Finance, Administration, and Facilities Committee

o

the Board, may promulgate procedures,

standards, and guidelines as necessary to ensure proper Implementation o this policy. The locally established

policies and procedures will, at a minimu·m, include the following requirements.

1 uthorized dults and Program Registration

Each university is responsible for establishing and maintaining a registry o university-authorized adults, program

staff, and programs for minors. All programs must be registered within sufficient time to meet the requirements o

this policy, and policy requirements should be met no later than 30 days before the program start date. Programs

must be registered annually. ·

2 Program Registration Requirements

The following topics must be addressed in planning and evaluating registered programs:

a.

Identification, selection, and screening

o

authorized adults or program staff, including criminal background

checks.

b. Training for authorized adults or program staff.

c.

Supervision ratio.

d. Safety and security planning.

e. Participation requirement forms.

f. Transportatia11.

g. Housing.

h. Response protocols when there

is

an injury or illness.

i.

Response protocols when

an

authorized adult or program staff is accused

o

misconduct.

j . Response protocols when a participant is accused

o

misconduct.

k.

Program orientation

or

information for minors and parents.

I.

Insurance requirements.

m. Record retention.

3 uthorized dults or Program Staff Code of Conduct

Authorized adults or program staff should be positive role models for minors and act in a responsible manner

that is consistent with the mission o the State System entity. Authorized adults or program staff are required to

comply with all applicable laws and PASSHE Board o Governors and university policies. Authorized adults or

program staff working in programs covered by this policy must follow these expectations.

a. Do not engage in any sexual activity, make sexual comments, tell sexual jokes, or share sexually explicit

material with mineirs or assist in any way to provide access to such material to minors.

b. Do not engage or allow minors to engage you in romantic or.sexual conversations or related matters.

Similarly, do not treat minors as confidantes; refrain from sharing sensitive personal information about

yourself. Examples

o

sensitive personal information that should not be shared with minors are information

about financial challenges, workplace challenges, drug

or

alcohol use, and romantic relationships.

c. Do not touch minors in a manner that a reasonable person could interpret as inappropriate. All personal

contact should generally only be in the open, and in response to the minor s needs, for a purpose that is

consistent with the program s mission and culture, or for a clear educational, developmental, or health-

· elated purpose e .g., treatment

o

an injury). Any refusal or resistance from the minor should be respected.

d. Do not use harassing language that would violate Board of Governors Policy 2009-03:

Social Equity or

university harassment policies.

e. Do not be alone with a minor. If one-on-one contact is required, meet in open, well-illuminated spaces or

rooms with windows observable by other authorized adults or program staff, unless the one-on-one contact is

expressly authorized by the program administrator

or

is being undertaken for medical care.

f Do not meet with minors outside

o

established times for program activities. Any exceptions require written

parental authorization and must include more than one authorized adult_ r program staff.

g.

Do not invite individual minors to your home

or

other private locations. Any exceptions require authorization

by the program administrator and written authorization by a parent/guardian.

h.

Do not provide gifts to minors or their families independent

o

items provided by the program.

i.

Do

not engage or communicate with minors except for

an

educational or programmatic purpose; the content

of the communication must

be

consistent with the mission of the program and the university.

http://www.passhe.edu/inside/er/protectionofininors/Pages/Policy 2014 0 l .aspx 7/30/201 5



Policy 2014 01

Page of5

j . Do not engage in any abusive conduct

of

any kind toward, or in the presence of, a minor, including, .

but

not

limited to, verbal abuse, striking, hitting, punching, poking, spanking, or restraining.

If

restraint is necessary to

protect a minor or other minors from harm, all incidents must be documented and disclosed to the program

administrator and the minor s parent/guardian.

k Do not use, possess, or be tinder the influence of alcohol or illegal drugs while on duty, or in the presence of

minors involved

in

a program, or when responsible for a minor s welfare.

I

Do

not

provide alcohol or illegal substances to a minor.

m. Do not provide medication to a minor unless authorized by the program s medication management

guidelines.

n. When transporting minors, more than one authorized adult or program staff from the program must be

present in the vehicle, except when multiple minors will be in the vehicle at all times through the

transportation. Avoid using personal vehicles if possible and comply with the program s transportation

guidelines.

Violations of any of the forgoing shall

be

reported to the program administrator.

4 Criminal Background Screening

At a minimum, all employees and volunteers are required to have criminal background screening clearances in

accordance with applicable procedures, standards, and guidelines as established by the chancellor.

Before being allowed to use or lease university facilities, program administrators and/or independent contractors

of non-university-sponsored programs, or nonuniversity groups and/or independent contractors providing

services to university-sponsored programs are required to certify that they have conducted criminal background

checks and determined the fitness of all authorized adults and program staff

5

Participant Requirements

Minors and parents or legal guardians of minors must submit required forms before minors will be allowed to

participate. These forms may include, but are not limited to, a participation agreement, health form, emergency

contact form, proof

of

medical insurance, photo and recording release, and participant code of conduct.

6 Training

All authorized adults or program staff working with minors are required to be trained on policies and issues

related to minor safety and security. The training will be offered and completed when needed and may vary

based on the role of the authorized adult. Documentation of training completion is required to be maintained by

the program administrator. Program administrators· of non-university-sponsored programs

or

nonuniversity

groups providing services to university-sponsored programs are required to certify that they have satisfactorily

completed required training before being allowed ·to use university facilities. Training will include topics such as :

a Detecting and reporting child abuse

b First aid/CPR and·medication management.

c. Participant conduct management and disciplinary procedures.

d. Authorized adult or program staff code of conduct.

e Sexual and other unlawful harassment.

f Safety and security protocols.

g.

Crime reporting procedures.

7 Reporting Obligations

a

Reporting of Child Abuse

In a situation of suspected child abuse, all members of the university community, contractors, and volunteers are

mandated reporters under this policy. Everyone who is deemed a mandated reporter pursuant to this policy shall

be trained as

if

designated mandated reporter by Pennsylvania law.

All mandated reporters shall make an immediate report of suspected child abuse or cause a report to be made if

they have reasonable cause to suspect that a child is a victim of child abuse under any of the following

circumstances:

(1) The mandated reporter comes into contact with the child in the course of employment, occupation, and

practice of a profession or through a regularly scheduled program, activity, or service. ·

(2) The mandated reporter

Is

directly responsible for the care, supervision, guidance, or training of the

child, or

is

affiliated with

an

agency, institution, organization, school, regularly established church or

http://www.passhe.edu/inside/er/protectionofminors/Pages/Policy 2014 01.aspx

7/30/2015



Policy 2014 01

Page of

religious organization,

or

other entity that is directly responsible for the care, supervision, guidance, or

training of the child.

(3) A person makes a specific disclosure to the mandated reporter that

an

identifiable child is the victim

of

child abuse.

(4) An individual 14 years

of

age or older makes a specific disclosure to the mandated reporter that the

individual has committed child abuse.

The minor is not required to come before the mandated reporter in order for the mandated reporter to make a

- • child abuse. The mandated reporter does not need to determine the identity

of

the person

PUBUC FF IRS • child abuse to make a report of suspected child abuse.

- - - · ·

..............Maiiaated repo fters must immediately make an oral report

of

suspected child abuse to the Depar tment

of

Human

Services (OHS) by calling 1-800-932-03.13, or a written report to OHS using electronic technologies when

available. If

an

oral report is made, a written report shall also be made within 48 hours to OHS or the county

agency assigned to the case as prescribed by OHS.

Immediately following the report to OHS, the mandatory reporter must notify the designated person in charge at

the university who will assume responsibility for facilitating the university s cooperation with the Investigation of

the report. More than one report of the suspected abuse is not required.

b. Reporting

of

Arrests and Convictions

All employees, volunteers, and program administrators must provide written notice to the designated person in

charge at the university if they or

an

authorized ·adult or program staff are: (1) arrested for, or convicted of, an

offense that would constitute grounds

for

denial

of

employment or participation

in

a program, activity, or service;

or (2) are named

as

a perpetrator in a founded

or

indicated report under the Child Protective Services Law (23

Pa.C.S. §6301, et seq.). The employee, volunteer,

or

program administrator shall provide such written notice

within 72 hours

of

arrest, conviction,

or

notification that the person has been listed as a perpetrator in the

statewide database. The failure

of

an employee or program administrator to make a written notification, as

required,

is a misdemeanor

of

the third degree. .

If

the employer or program administrator has a reasonable bel ief that

an

employee or volunteer has been

arrested or convicted of a reportable offense or was named as perpetrator

in

a founded or indicated report under

the Child Protective Services Law, or

if

an employee or volunteer has provided notice of activity that would be

sufficient to deny employment or program participation, the employer must immediately require the employee or

volunteer to immediately submit current information for required criminal background screening clearances in

accordance with applicable procedures, standards, and guidelines as established by the chancellor.

8.

Facilities Use Agreements

Universities licensing, leasing,

or

allowing the use

of

university facilities for noo-university-sponsorep programs

or events primarily serving minors are required to include language in the agreement requiring identification of

authorized adults or program staff, supervision ratios, adult code of conduct, training, and background screening.

consistent with this policy. ·

D. Effective Date: December 31, 2014.

- I

· 1 •

I I

- ·

I i

2986

N

2nd

Street.

Harrisburg. PA

17110-1201

717)

720-4000

About Us

.

Job Opportunities

Doing Business with

the State

System

Right to Know

Feedback

Staff Directory

Ad

min

Dixon University Center

PASSHE

Center City

• Philadelphia

Marine

Science

Consortium

Map

of State

System Universities

Fraud,

Waste and

Abuse Hotline

http ://www.passhe.edu/j.nside/er/protectionofminors/Pages/Policy 2014 0 l .aspx

7/30/2015



•

Act ofJul. 1, 2015,P.L 94,

No. 15

ci 23

-

DOMESTIC RELATIONS CODE

(23 PAC.S.) -

OMNIBUS

AMENDMENTS

DOMESTIC

RELATIONS

CODE (23

PA.C.S.) OMNIBUS

MENDMENTS

Act o f Jul . 1 2015, P.L. 94, No. 1 5

Cl.

23

S

ess ion

of 2

015

No . 2 015-1 5

HB

1 276

AN

ACT

Amending T i t l e

23 (

Domestic

Rela t ions ) of t he Pennsylvania

Consol ida ted St a t u t e s ,

in ch i ld

pro t e c t i ve

se rv ices ,

fu r t he r

provid ing

for d e f in i t i ons, fo·r

persons

r equ i red to

r epo r t

suspec ted c h i ld abuse , fo r

access

to in format ion in

Sta tewide

database ,

fo r r e l ease

of

in fo rma t ion

in

c on f ide n t i a l r e po r t s , fo r emp l oyees having contac t with

ch i ld ren and adopt ive and

fos

t e r pa re n t s ,

fo r

in format ion

r e l a t ing to

c e r t i f i e d

or r e g i s t e r e d day-care home r e s i de n t s ,

fo r volunte e r s having contac t with c h i ld re n , for cont inued

employment or

par t i c ipa t ion in

program,

a c t i v i t y or se rv ice ,

for c e r t i f i c a t i o n compliance, for educa t ion and t r a i n i ng and

for mandatory r epo r t i ng of ch i ld ren

under

one

year of age.

The

General Assembly of

the

Commonwea l

th

o f Pennsylvania

hereby

enac ts as fol lows:

Sec t ion

1.

The de f i n i t i ons of

c h i ld -c a re s e rv i c e s ,

independent c on t r a c to r , pe rpe t r a to r , person respons ib le

for the ch i ld ' s

wel fa re , program, a c t i v i t y

o r

se rv ice ,

school

and school

employee

in

sec t ion

6303(a) of

Ti t l e 23

of the Pennsylvania Consol ida t e d

S ta tu t e s

are

amended

and the

se c t ion is

amended

by

adding

def in i t ions to

read :

§

6303. Def in i t ions .

(a)

General

ru l e . - -The

fo l lowing

words

and

phrases

when

used

i n t h i s

chapte r sha l l

have

the meanings given to

them

in

t h i s sec t ion unless the contex t c l e a r l y i nd i c a t e s otherwise:

* * *

Adult

fami ly

member. A person 18 years o f age or

older

who has the re spons ib i l i t y

to

provide

care

or serv ices to an

ind iv idual with an i n t e l l e c tua l

d i sab i l i t y

or chronic

psych ia tr i c d i sab i l i t y .

* * *

Chi ld-care se rv ices . Inc ludes any of

the

fo l lowing :

(1) Child day-care

cen te r s .

(2 ) Group day-care homes.

(3 ) Family

[day-care

]

chi ld-care

home s .

(4) Fos te r

homes.

(5) Adoptive pa ren t s

.

(6)

Boarding

homes fo r

ch i ld ren .

(7) Juveni le

de ten t ion cen te r se rv ices

or programs

fo r

del inquent o r dependent

ch i ld ren . ~ ~ . . .

8 Mental hea l

th se rv ices

fo r

c h i ld re n .

I

EXHIBIT

(9)

·

Serv ices fo r

ch i ld ren

with

i n t e l l e c t u a l

d i s a b i l i t i e s .

(10) Early

i n t e rve n t ion

se rv ices

fo r

ch i ld ren .

(11)

Drug and a lcohol

services

for

ch i ld ren .

i ~

(12)

Day-care

s e rv i ces

or programs

t h a t

are

of fe red

by

a ·

school .

(13)

Other

ch i ld -ca re

services

t h a t

a re

provided

by

or

.HTM?63



{12812015 . ct of Jul. 1, 2015,P.L 94, No. 15CI. 23 - DOMESTIC

RELATIONS

CODE

23

PAC.S. - OMNIBUS AMENDMENTS

sub jec t

to

approva l ,

l i c e ns

.ure ,

r e g i s t r a t i o n

or

c e r t i f i c i t i o n by the depar tment

or

a

county soc ia l se rv ices

agency or t ha t are

provided pursuant

to a

cont rac t

with

the

department or a county soc i a l s e r v i ce s agency.

The term does not apply to

se rv ices

provided by admi n i s t r a t i ve

o r

other suppor t pe rsonne l un less the

·

admin is t ra t ive o r other

suppor t

personne l have d i r e c t contac t with

ch i ld ren .

* * *

Direc t vo l un t ee r c on ta c t . The

c ~ r e superv i s ion ,

guidance

or

cont ro l

o f

ch i ld ren

and

r ou t i ne

i n t e rac t ion

with

ch i ld ren .

nEducat ion e n t e rp r i se .n n

educa t iona l

a c t i v i t y in

t h i s

Commonwealth:

(1) fo r

which

co l l ege c red i t s or cont inu ing educa t ion

un i t s

a re

awarded, cont inu ing

pro fe s s iona l

educa t ion i s

of f e r ed o r t u i t i o n

or fee s

are

charged o r

co l l ec ted ; and

(2) t h a t i s sponsored by a corpora t ion , e n t i t y or

i n s t i t u t i o n t h a t i s

inco rpo ra ted

o r

au tho r ized by

o the r

means in a

s t a t e

o t he r than t h i s Commonwealth

and i s

approved

and au thor i zed

-

to

opera te

in

t h i s Commonwealth

under 15

Pa.C.S.

Pt .

I I Subpt . B

( r e l a t i ng

to bus iness

corpora t ions ) o r C ( r e l a t i ng to nonprof i t corpora t ions ) and

24

Pa.C.S.

Ch. 65 ( r e l a t i ng to

pr iva t e co l leges ,

un ive r s i t i e s

and

seminar ies) .

* * *

Family c h i l d - c a r e home

. A re s idence where c h i l d day

care

i s provided a t any t ime

to

no l e s s

than

fou r ch i ld ren and no

more

than

s i x ch i ld ren

who

are

not r e l a t i v e s of

the careg iver .

* *

*

Immediate v ic in i t y . n area in which an i nd i v i dua l i s

phys i c a l l y p re s e n t

wi th a

ch i ld and can see , hea r , d i r e c t and

assess the a c t i v i t i e s of the ch i ld .

Independent con t rac to r .

An

i nd iv idua l

who provide s a

program, a c t i v i t y or se rv ice to an agency, i n s t i t u t i o n ,

organ iza t ion

or o t he r en t i t y , inc lud ing a school or

r e gu la r ly

e s t a b l i s he d r e l i g i ous

organ iza t ion ,

t h a t

i s

respons ib le fo r

th

e

care , supervis ion,

guidance or

cont ro l

of ch i ld ren . The t e rm

does not [ inc lude

an i nd iv idua l who has no]

apply to

admin is t ra t ive

o r

othe r

suppor t personne l un less the

admi n i s t r a t i ve

o r

othe r

suppor t

personne l

have d i r e c t

contac t

with

ch i ld ren .

* *

*

r i ins t i tu t ion of h ighe r educa t ion .

Any

of the fo l lowing:

(1) A

community co l l ege

which

i s

an

i n s t i t u t i o n

now

or

he re a f t e r

c rea ted

pursuant to

Ar t i c l e

XIX-A of the a c t o f

March 10,

1949

(P .L.30,

No.14) ,

known as

the

Publ ic School

Code of 1949, or the ac t

o f

August 24, 196.3 (P.L.1132,

No.484) ,

known as the Community Col lege

Act of

1963.

(2

)

n

independent


o f h igher

educa t ion

which . i s

an


o f higher educa t ion l oca ted in

and

i ncorpora ted

o r cha r t e r ed by the

Commonwealth, e n t i t l e d

to

confe r

degrees

as se t fo r th

in

24

Pa.C.S. §

6505

.

( r e l a t i ng

to power

to

confe r degrees) and

e n t i t l e d

to

apply

to

i t s e l f

the des igna t ion co l lege ,

un i ve r s i t y

or

seminary as

provided fo r

by

s tandards

and qua l i f i c a t i ons

presc r ibed

by

the S ta t e

Board

o f

Educat ion under 24 Pa.C.S.

Ch.

65.

(3)

A

State-owned

i n s t i t u t i o n .

(4) A S t a t e - r e l a t e d

i n s t i t u t i o n .

(5) n educa t ion e n t e rp r i se .

* * *

nMatr icu la ted

s tude n t .

A

s tuden t who i s

en r o l l ed

in

an

ttp:/NNM/.leg is.state.pa.us/MAJ01/IJ/U/US/HTM/2015/0/0015 .HTM?63 21



Act of Jul.1, 2015,P.L 94 No. 15CI. 2 DOMESTIC RELATIONS CODE 23 PAC.S.) - OMNIBUS AMENDMENTS

i n s t i t u t i o n o f higher

education and

pursuing a

program

o f

s tudy

that r e s u l t s

in

a postsecondary

c r e d e n t i a l ,

such as a

c e r t i f i c a t e ,

diploma

or degree .

* * *

Pe rpe t r a t o r .

A person who has committed ch i ld abuse as

def ined in

t h i s sec t ion .

The fo l lowing sha l l apply:

(1) The term includes

only

t he fo l lowing:

( i)

A parent

of

the

c h i l d .

( i i ) A spouse or former spouse of the ch i ld s

paren t .

( i i i ) A paramour or f ormer paramour of the c

h i l d ' s

paren t ·.

(iv) A person

14 years of

age or older

and

r espons ib le for the c h i l d ' s welfa re or

having

direc t

contact

with

chi ldren as

an employee o f ch i ld - ca re

serv ices , a school

or

through a program, a c t i v i t y or

serv ice .

_ (v) An individual 14 years of

age

or older who

re s ides in

the same

home as the

ch i ld .

(vi) An i nd iv idua l 18 years of age or older who do es

not

re s ide in

the same

home as the

ch i ld but

i s

r e l a t e d

within the

t h i r d

degree of consanguin i ty or a f f i n i t y by

b i r t h

or adopt ion to

the

ch i ld .

(2) Only the following

may

be considered a

pe rpe t r a t o r

fo r f a i l ing to ac t , as provided in t h i s sec t ion :

(i ) A parent

of the ch i ld .

( i i ) A spouse or former spouse o f

the

ch i ld s

paren t .

( i i i )

A

paramour

or former paramour

of the c h i l d ' s

paren t .

· (iv) A person 18 years

of age or

older

and

r espons ib le

for

the c h i l d ' s welfare .

(v) A person

18

years of age or older who re s ides in

th e same home

as

the

ch i ld .

* *

*

P

e

rson

r espons ib le

for

the

ch i ld

s welfa re . A

person

who

provides permanent

or

temporary ca re , supervis ion, mental

hea l th diagnos is o r t rea tment , t r a in ing or

cont ro l

of a ch i ld

in

l i e u

of pa re n t a l care,

superv i s ion

and

cont ro l . [The term

inc ludes

any

such person who

has d i r e c t

or

regu la r

contac t with

a

c h i l d through any program,

a c t i v i t y

or

s ~ r v i e sponsored

by

a

school , f o r - p r o f i t

organiza t ion

or

re l ig ious

or other no t - fo r

p ro f i t organ iza t ion . ]

* * *

Program,

a c t i v i t y

or s e rv ice . [A publ i c or pr iva te

educat ional , a t h l e t i c or o

t he r

pursu i t

in which

ch i ld ren

p a r t i c i p a t e .

The

term inc ludes , but i s

not

l imi ted to , the

fol lowing:]

Any

o f

the

fo l lowing in

which

ch i ldren

p a r t i c i p a t e

and

which

i s sponsored by a school or a publ i c or

private

organizat ion:

(1) A youth camp

or

program.

(2) A rec rea t iona l

camp

or program.

(3) A spor t s or a t h l e t i c program.

(4) [An] A community

or

so c i a l outreach program.

(5) An

enrichment

or educat iona l

program.

(6) A t roop,

club

or s imi la r organ iza t ion .

* * *

Routine in t era ct io n .

Regular

and repeated

contact

that

i s

in tegra l to

a person's

employment

or volunteer

r e s p o n s i b i l i t i e s .

http:/MY.w.legis.state.paus/llMJ01/ll/L.llUSIHTM/2015/0/0015.HTM?63

3



Act ofJul.

1,

2015,P.L 94, No.15C

I.

3 DOMESTIC RELATIONS CODE

(23

PAC.S. - OMNIBUS AMENDMENTS

* * *

11

School.

11

A f ac i l i t y

prov id in

·g elementary,

secondary

or

pos tsecondary educa t iona l se rv ices . The t

erm inc ludes the

fo l lowing:

(1) Any school

of

a

school

d i s t r i c t .

(2) An

area voc a t i ona l - t

e chnical school .

(3)

A

j o in t school .

(4) An

in termedia te

un i t .

(5)

A char te r school or reg i onal char t e r

school .

(6)

A

cyber

char t e r

school .

(7) A

pr iva te

school l i censed

under

the ac t

of

January

28,

1988

(P .L.24, No.11) , known as the

Pr iva te

Academi c

Schools

Act .

(8)

A pr iva te school

accredi ted

by an

acc red i t ing

assoc ia t ion approved by t he S ta t e Board of Educat ion.

(9) A

nonpublic school .

(10) [A corrununity

col lege

which

i s

an i n s t i t u t i o n now

or

herea f t e r crea ted pursuant to

Art ic l e

XIX-A

of

t he ac t

of

March 10, 1949 (P.L.30, No.14),

known

as the

Pub

l ic School

Code of 1949, or the ac t

of

August 24,

1963

(P.L.1132,

No.484) , known as t he Community College Act

of

1963.

(11) An independent


of higher

educat ion

which

i s

an


of

higher

educat ion

which

i s

opera ted not for p ro f i t , l

ocated

in and i ncorpora ted or

char te red

by the

Commonwealth, e n t i t l e d

to confer degrees as

se t

fo r t h

in 24 Pa.C.S. §

6505

( re l a t ing to power to confer

degrees)

and e n t i t l e d to apply to

i t s e l f the des igna t ion

co l l ege

or

univers i ty

as provided fo r by s tandards

and

qua

l i f i c a t i o n s presc r ibed by

the

State

Board of

Educat ion

pursuant

to 24 Pa.C.S.

Ch.

65

( re l a t ing

to

pr iva te

co l leges ,

u n i v e r s i t i e s and seminar i es ) .

(12)

·A State-owned

unive rs i ty .

(13)

A Sta t e - re l a t ed un ive r s i t y . ] n i n s t i t u t i o n

o f

higher educa

ti on

(14)

A

pr iva t

e

school

l

i censed

un

der

the

ac t

of

December

15, 1986 P.L.1585, No. 174 ) , known as the

Pr iva

te

Licensed Schools

Act.

(15 )

The Hiram

G

Andrews Center .

(16) A pr iva te r e s id e n t i a l

r ehab i l i t a t ive


as

def ined in sec t ion 914.1-A(c)

of

the

Publ ic

Schoo l Code

of 1949.

School

employee.

An ind iv idua l who i s

employed by

a

school

or who

provides

a program, ac t iv i ty

or

se rv ice

sponsored

by a school .

The

term [

excludes an i nd iv idua l

who

has no] does

not apply ~ dminis tr t ive or other support personnel

unles s

the dminis tr t ive

or

other support

personnel have d i r e c t

contac t

with

chi ldren.

* * *

Sect ion 2 .

Sect ion

6311(a ) (7)

and

(12)

of Ti t l e 23

a r e

amended and

the

subsect ion i s amended by

adding

a paragraph

to

read:

§ 6311. Persons

requi red

to repor t susp e c ted ch i ld abuse.

(a)

Mandated

repor te rs . - -The

fol lowing adul t s sha l l make

a

repor t of

suspec ted

ch i ld

abuse,

subjec t to subsect ion

(b) ,

i f

the person has

reasonable

cause to suspe c t t h a t a ch i ld

i s

a

vic t im

of ch i ld abuse:

* * *

(7) An i nd iv idua l pa id or unpaid, who, on the ba s i s of

the

i nd i v i dua l ' s

ro le

as an

i n t e g ra l

par t of a regu la r ly

scheduled program,

a c t i v i t y

or se rv ice ,

[accepts

:/MMM .leg

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S/HTM12015/0/0015 .

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No. 15 Cl. 2 DOMESTIC

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CODE 23 PAC.S. - OMNIBUS AMENDMENTS

·

re spons ib i l i t y

fo r a

chi ld] s

a

person

respons i b l e

for the

c h i l d s welfare or has d ir e c t

contact

with

ch i l dren .

* * *

{12) n

ind iv idua l

superv ised or

managed

by a p

e r

son

l i s

t ed

under paragraphs (1) , {2), 3), · {4), 5) , 6) , {7),

8), 9), 10) [and] , 11)

and

13) , who has

d i r e c t contac t

with ch i ld ren in

the

course

of employment.

* -*

*

16) n a dul t fami ly

member

who

s

a person respons ible

f or

the

c h i l d s

welfare

and

provides s

erv ices

to

a

c h i l d

in

a family l i v i n g home, coilllltt1nity home for

i nd i v i dua l s

with an


d i s a b i l i t y or

ho s t home f or ch i l dren which

are

subject to

superv is ion or

l i censure by the

department under

A r t i c l e s

IX

and

X

o f

the act o f

June

13, 1967 (P.L.31,

No.21) ,

known as

the

Publ ic

Welfare

Code.

* * *

Sec t ion 3. Sec t ion 6335

e)

of Ti t l e 23,

amended

Octob

e r

22 ,

2014 P.L.2529, No.153), i s amended to read:

§ 6335. Access

to

in format ion

in

Sta tewide databas e .

* * *

e ) [Clearances ] Ce r t i f i c a t i ons . - - In fo rm a t i on provided

in

respons e to i nqu i r i e s under sec t ion

6344

( re la t ing to employe e s

having

contac t

with ch i ld ren ; adopt ive and fo s t e r paren t s ) ,

6344.1 ( re l a t ing to in format ion r e l a t ing to c e r t i f i e d

or

[r eg i s t e red

day-c are

] l i censed ch i l d - care home

re s iden ts )

or

6344.2 {r e l a t i ng

to volunteers having contac t

with chi ld ren)

sh a l l not inc lude unfounded

repor t s

of

c h i l d

abuse or

repor ts

r e la ted

to genera l pro tec t ive

se rv ices

and sha l l be

l imi ted

to

the fol lowing:

. 1) Whether the person was named as a pe rpe t r a t o r

of

c h i l d abuse

in

a founded .

or ind ica ted

repor t .

2) Whether

the re i s

an i nves t iga t ion pending in which

the individual i s

an

a l leged

perpe t ra to r .

3)

The number,

da te

of

the inc idents

upon

which

the

repor t

i s

based

and

the

type of

abuse

or

neglec t

involved

in

any r epor t s

i d e n t i f i e d under

paragrap h 1) .

* * *

Sec t ion 4. Sec t ion 6340

a)

of Ti t l e 2

3, amended October

22,

2014 P.L.2529, No.153

) ,

i s amended by adding

a

paragraph to

read:

§ 6340.

Release

of in format ion

in conf iden t i a l

r e po r t s .

{a) General ru le . - -Repor t s spec i f i ed in sec t ion 6339

( r e l a t ing to con f iden t i a l i t y

of

repor t s ) sha l l only

be made

ava i l ab le

to :

*

* *

18)

The

Department

o f the Auditor

General in

conjunct ion with

the

performances o f the

dut i e s

des ignated

to

the

Off ice

o f

Audi.tor

General ,

except that

the Auditor

General

may not

remove i d en t i f i a b l e report s or copies

thereof

from

the department or county

agency.

* * *

Sec t ion 5. Sect ion 6344

a

) ,

a.1)

, . b), (b .1) ,

(b.2) ,

{d)

(4 .1) , 5),

6)

and 8) and

e ) of

Ti t l e

23,

amended October

22, 20

1 4 P.L.2529, No.153), are amended and the s e c t ion

i s

amended by

adding

subsect ions

to read:

§ 6344.

Employees having contac t

with ch i ld ren ; adopt ive and

fos te r paren ts .

a) Appl i cab i l i t y . - -Beginn ing December 31, 2 014,

th i

s

sec t ion applies

to

the fol lowing

ind iv idua l s :

1)

n employee

of

ch i ld -ca re se rv ices .

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2 ) A f o s t e r pa r en t .

3)

A prospec t ive adop t i ve pa ren t .

4) A

se l f -employed

p r o v i d e r o f

c h i l d - c a r e s e r v i ce s in

a f ami ly [day-care prov ide r ] c h i l d - c a r e

home.

5)

[An ]

( i )

Except

as provided under subparagraph

( i i ) , an

i nd i v i dua l

14

years

o f age o r o ld e r who i s

apply ing

fo r or ho ld ing a

pa id pos i t i on as an employe

e

with

a program, a c t i v i t y o r

s e r v i ce , as

a

person

r e spon s ib l e fo r t he

[wel fa re

o f a ch i ld ] c h i l d s welfa re

or having

d i r e c t

con tac t

with

ch i l d r en .

( i i ) f t he program, a c t i v i t y

o r

s e r v i ce i s an

i n t e rn s h ip ,

e x t e rn s h ip ,

work

s tudy ,

co-op

o r s i m i l a r

program,

an adu l t

apply ing

f o r o r ho l d i ng a p a i d

p o s i t i o n

with

an employer t h a t p a r t i c i p a t e s i n

the

i n t e r n s h i p , ex te rnsh ip ,. work s tudy ,

co-.op o r

s i m i l a r

program

with

a

school

and whom t he employer and the

school

i d e n t i f y

as

t he c h i l d s

supe rv i so r

and

the person

re spons ib le f o r

t he

c h i l d s wel fa re whi le

t he

c h i l d

p a r t i c i p a t e s

in

t he program

with

t he employer . The a d u l t

i d e n t i f i e d under t h i s subparagraph as t he person

re spons ib le fo r t he c h i l d s welfa re i s r e q u i r e d to

be

in

the

immediate

v i c i n i t y a t

r e g u l a r i n t e r v a l s

with the

ch i l d

dur ing the program.

6) Any

i nd i v i dua l seeking to provide

c h i l d - c a r e

s

e rv ices under

con t r ac t with

a cn i l d - ca r e f a c i l i t y

or

program.

7) An i nd i v i dua l 18

years

o f age or o lde r

who

r e s id e s

in

the home of a f o s t e r pa ren t

fo r

a t l e a s t 30 days in a

ca l enda r yea r o r who

r e s i d e s . i n

t he home o f a prospec t ive

adopt ive

p a r e n t

for a t l e a s t 30 days in a ca lenda r year .

8) An

i nd i v i dua l

18

yea r s

of age - o r o ld e r who

r e s i de s

f o r a t l e a s t

30 days

in

a ca lenda r yea r in t he

fo l l owi ng

homes

which a re

s ub j ec t

to supe rv i s ion o r l i c e _tsure by t he

depar tment under A r t i c l e s IX and

X of the a c t

o f

June 13,

1967

(P .L .31 , No.21) ,

known

as

t he Pub l i c

Welfare

Code:

( i ) A

f ami l y

l i v i n g home.

( i i )

A community

home f o r

i n d iv id u a l s

with an

i n t e l le c t u a l d i s a b i l i t y .

( i i i )

A hos t home f o r c h i l d r e n .

This

paragraph

does no t i nc lude

an i nd i v i dua l

with

an


d i s a b i l i t y

o r

chron i c p s y c h i a t r i c

d i s a b i l i t y

rece iv ing s e r v i ce s i n a home.

( a . l ) School

employees . - -Thi s s ec t i on

sha l l apply

to

school

employees as fo l lows:

1) School employees

governed

by t he prov is ions

o f

t he

ac t

of

March 10,

1949 (P.L.30,

No.14) ,

known

as the

Publ ic

School Code

of

1949, s h a l l be sub jec t to

the

prov is ions o f

s e c t i o n

111

of

t he Publ ic

School

Code

o f

1949,

except

t ha t

t h i s sec t ion s h a l l apply wi th r ega rd

to

the

[ in format ion]

c e r t i f i c a t i o n

requ i red

under subsec t ion

b)

(2) .

2) ( i )

School

employees

not

governed

by

t he

p rov i s ions o f

t he Pub l i c

School

Code

of 1949

s h a l l be

governed

by

t h i s

s ec t i on .

( i i ) This pa ragraph s h a l l no t apply to

an

employee

of an


of h ighe r

educa t i on

whose d i r e c t

con tac t

with ch i l d r en , i n the course

o f

employment ,

i s

l im i t e d to

e i t h e r :

A) prospec t ive

s tuden t s

v i s i t i n g a campus

ope ra t ed by the


of h ighe r educa tion ; o r

B)

m a t r i c u l a t e d

s tudents-

who

a re

en r o l l ed

with

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AMENDMENTS

the i n s t i t u t i o n .

( i i i )

The exemption under

subparagraph

( i i )

B)

sha· l l

no t

apply

to

s tuden t s who

a re

e n r o l l e d i n a secondary

school .

a.2) Minors . - -An i nd i v i dua l between 14 and

17

yea r s

o f age

who

appl i es

f o r or holds

a

pa id

p o s i t i o n

as an employee who i s

a person re spons ib le fo r the

c h i l d ' s

wel fa re o r a person wi th

d i r e c t

contac t with ch i l d r en through

a

program,

a c t i v i t y

or

se rv ice p r i o r to the

commencement

of employment o r under

sec t ion

6344.4

( r e l a t i ng

to

r e c e r t i f i c a t i o n )

sha l l

be

r equ i red

to submit only

t he in fo rma t ion

under subsec t ion b) 1) and 2)

to an employer ,

admi n i s t r a t o r , supe rv i so r o r o the r

person

re spons ib le f o r employment dec i s ions ,

i

the fo l lowing apply :

1) The i nd i v i dua l has been

a

r e s i d e n t of t h i s

Commonwealth dur ing the

e n t i r e t y

of the prev ious 10-year

pe r iod

or ,

i no t

a

r e s ide n t o f

t h i s

Commonwealth dur ing the

e n t i r e t y of the p rev ious

10-year

pe r i od ,

has

rece ived

c e r t i f i c a t i o n under

subsec t ion

b) 3)

a t

any t ime

s ince

e s t a b l i s h ing

res idency i n t h i s o m m o n w e a l t ~ and provides

a

copy of

the


to the

employer .

2) The i nd i v i dua l and the i n d i v i d u a l ' s pa r en t o r l e ga l

guard ian

swear o r a f f i rm in w r i t i n g

t h a t

the

i nd iv idua l

i s

not

d i squa l i f i e d

from

se rv ice

under

subsec t ion

c)

o r

has

no t

been

conv ic t ed

o f an

offense s i m i l a r

in

na ture to those

cr imes l i s t e d in subsec t ion c) under

the laws

o r former

laws of the

Uni ted S ta t e s

o r one of its

t e r r i t o r i e s

or

posses s ions , ano the r

s t a t e ,

the

D i s t r i c t

o f Columbia, the

Commonwealth of

Puer to

Rico o r

a f o r e i gn

na t ion ,

o r under a

former law o f

t h i s

Commonwealth.

(a .3) Exchange

v i s i t o r . - - A n

i nd i v i dua l in

posses s ion

o f a

nonimmigrant v i s a i s s ued pur suan t to 8 U.S.C. §

l lOl (a)

15)

J)

( r e l a t i ng_ t o

de f in i t i ons )

to an

exchange v i s i t o r ,

commonly

r e f e r r e d to as a

J -1

Visa , sha l l no t be requ i red to submit

in format ion under subsec t ion

b)

i a l l o f the fo l lowing

apply :

1) The

i nd i v i dua l

i s

apply ing

f o r

o r

holds

a

pa i d

pos i t i on

with

a

program, a c t i v i t y o r s e r v i ce f o r

a

pe r iod

not to exceed

a t o t a l o f

90 days

in a ca lendar year .

2)

The i nd i v i dua l

has

not been employed prev ious ly in

t h i s

Commonwealth o r another s t a t e , the D i s t r i c t o f Columbia

o r

the

Commonwealth o f

Puer to

Rico.

3) The i nd i v i dua l swears o r af f i rms in

w r i t i n g

t h a t

the

i nd iv idua l

i s no t

d i s q u a l i f i e d

from

se rv ice

under

subsec t ion

c) o r has not

been

convic ted o f

an of fense

s imi l a r i n

na tu re

to

the

cr imes

l i s t e d under subsec t ion

c)

under the

laws

o r former

laws

of the Uni ted Sta tes o r one o f

i t s

t e r r i t o r i e s

or pos se s s ions , ano the r s t a t e , the D i s t r i c t

of Columbia, the

Commonweal th o f Puer to

Ri.co

o r a fo re ign

na t i on ,

o r

under

a

former

law

o f

t h i s

Commonwealth.

b)

Informat ion to be submi t t ed . - -An i nd iv idua l

i d e n t i f i e d

in subsec t ion

a)

7) o r 8) a t the t ime

t he

ind iv idua l

meets

the

des c r i p t i on se t fo r th in

subsec t ion

a) 7) o r (8) and an

i nd iv idua l

i d e n t i f i e d

in s

ubsec t ion a)

(1) , (2) ,

3),

(4) ,

5)

or

6)

[o r ] , ( a . l )

o r

(a .2)

pr i o r to the commencement

of

employment or se rv ice

o r

in

accordance wi th

sec t ion

6344.4

.

s ha l l be required to

submit the

fo l lowing in format ion to

an

employer, admin i s t r a to r ,

supe rv i so r

o r o t he r

person

re spons ib le

for

employment

dec i s ions or

involved in

the s e l ec t i on

of

vo lun tee rs :

1) Pursuant

to

18 Pa.C.S. Ch. 91

( re la t ing

to c r imina l

h i s t o r y

record in format ion)

, a

r e po r t

of

cr imina l

h i s to ry

.

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record in format ion from the Pennsylvania Sta te Pol ice or a

s ta tement from the Pennsylvania

Sta te Pol ice

t h a t the Sta te

Pol ice cen t ra l

repos i to ry conta ins

no

such

in format ion

re l a t ing to t h a t

person.

The cr iminal h i s to ry record

in format ion sha l l

be

l imi t e d to t ha t which

i s

dissemina ted

pursuan t to

18 Pa.C.S.

§

9121

b)

2)

r e l a t i n g

to genera l

regu la t ions) .

2) A c e r t i f i c a t i o n from the department as to

whether

the

appl ican t

i s named in the Statewide databas e

as

the

a l leged pe rpe t r a t o r in

a

pending

ch i ld

abuse

i nve s t i ga t i on

r

as

the ~ e r p e t r t o r of a founded

repor t

or an i nd i c a t e d

repor t .

3) A r e po r t of

Federal

cr iminal

h i s t o ry

record

in format ion . The appl i can t sh a l l submit

a

f u l l se t of

f inge rpr in t s to the Pennsylvania

Sta te Pol ice for the

purpose of a

record

check, and

the

Pennsylvania S t a t e Pol i ce

or i t s au thor i zed agent

sh a l l

submit the f i nge rp r i n t s

to the

Federal Bureau of

Inves t iga t ion for

the

purpose

of

ver i fy ing

the i d e n t i t y of the

appl ican t

and obta ining a cur ren t re cord

of

any

cr imina l

a r re s t s

and

convic t ions .

b.1) Required documentation to be maintained

and

produced. -

-The

employer, admin is t ra to r , supervisor

or other

person

r espons ib le fo r

employment

decis ions

or

acceptance

of

-

the

ind iv idua l to

serve

in

any capac

i

ty

i d e n t i f i e d

in

subsec t ion a) 1),

2),

3), 4) ,

5 ) or 6)

[o r ] ,

a.1) or

a.2) sha l l mainta in

a copy

of

the requi red

in format ion

and

r equ i re the ind iv idua l to [produce ] submit the [o r ig ina l

document ]

required

documents

pr io r

to employment

or acceptance

to

serve

in

any such

capaci ty

or

as

required in sec t ion 6344.4 ,

except as al lowed under subsect ion m) .

b.2) Inves t iga t ion . - -An

employer,

admin is t ra to r ,

supervisor

or

other person

r espons ib le fo r e m p l o y m e n ~

dec i s ions

sha l l requ i re an appl i can t to submit

the

r equ i red documentat ion

se t fo r th in t h i s chap ter

or

as required in sec t ion 6344.4 . An

employer ,


superv i sor

or

other

person

r espons ib le

for employment decis ions

t ha t i n t en t iona l ly f a i l s

to requ i re

an

appl ican t to submit

the re quired

documentat ion

before the

app l i can t s h i r i ng or upon recer t i f i ca t i o n

commits

a

misdemeanor

of the

t h i rd degree .

b.3) Volunteer c e r t i f i c a t i o n prohibi t ion . - -An employer,

admin is trator , superv i sor

or other person

r e spo ns ib le for

employment

dec i s ions i s pr o hib i t e d from accept ing


that

was obtained for

vo lunteer ing purposes under

sec t i on

6344.2

re l a t i ng to

vo lunteers having contact with

chi ldren) .

d) Prospec t ive adopt ive or

fo s t e r

paren t s . - -Wi th regard

to

prospect ive

adoptive

or

prospec t ive

fos te r paren ts ,

.

the

fol lowing sha l l apply:

4.1) I f a

fos te r

paren t , prospect ive

adopt ive parent

or an

indiv idual over 18 years

o f

age res i d i ng i n the home

i s

a r r e s t e d

for or convicted

of an

offense t ha t would

c ons t i t u t e

grounds for denying approval under t h i s

chapter

or

i s

named as

a

perpe t ra to r in

a

founded or

ind ica ted

repor t ,

the

fo s t e r

paren t

or pr o spe c t iv e

adopt ive parent

sha l l provide

the

fos te r family care agency or

the

agency

l i s t e d

to

provide

adoption

s e r v i c e s with

wri t t en no t ice

not

l a t e r than 72 hours a f te r the a r r e s t , convic t ion or

n o t i f ic a t i o n t h a t

the

[ fos t e r

paren t

]

ind iv idua l

was

named

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as

a

perpe t ra to r in the

Statewide

da tabase .

5) Fos te r parents and prospect ive adoptive parents

sh a l l be requi red to repor t

any

other

change in

the

[ fo s t e r

]

family household

composi t ion

with in

30

days

of

the change

for review by the

fo s t e r family

care a gency or the agency

l i s t ed

to provide adopt ion s e r v i c e s ~ I f

any

ind iv idua l

over

18 years of

age,·

who has

re s ided

out s ide t h i s Commonwealth

a t any

t ime

with in

the

previous

f ive -yea r per iod, ~ e g i n s

re s id ing in the home

of

an

approved fo s t e r family

or

prospec t ive

adoptive

fami ly

t ha t

ind iv idua l

sha l l ,

wi th in

30 days

of

beginning

res idence , submit to the fo s t e r f amily

care agency or

the

agency

l i s t ed

to

provide

adopt ion

s erv i ce s a c e r t i f i c a t i o n obta ined

from

the Statewide

da tabase , or

i t s equiva len t in each

s t a t e

in

which

the

person has

res ided wi thin the previous

f ive -yea r

per iod , as

to whether

the person

i s

named as

a

perpe t ra to r .

I f the

ce r t i f i ca t ion .

shows

t ha t

the

person

i s named as a

pe rpe t r a t o r

with in the previous

f ive -yea r

per iod, the fo s t e r

family care agency or the agency l i s t ed to provide adoption

s erv i ce s sha l l forward t he

c e r t i f i c a t i o n to

the depar tment

fo r

review.

I f

. the

depar tment

determines

t ha t the

person

i s

named

as

the

equivalent

of

a

perpe t ra to r

of

a

founded

r e po r t

wi th in the

previous

f ive -yea r per iod

and the person

does

not

cease

re s id ing

in the home immediate ly , the county agency

sha l l immediate ly

seek

cour t au thor iza t ion to remove the

fo s t e r ch i ld

or

ch i ld ren

from

the

home.

In

emergency

s i tua t ions when

a judge

cannot be

reached,

the

county agency

sha l l proceed in accordance with

the

Pennsylvania Rules of

Juveni le Court

Procedure.

.

6 )

In cases where fo s t e r paren t s knowingly f a i l

to

submit the m t ~ r i l informat ion r equ i red in paragraphs 4.1)

and 5) and

sec t ion

6344.4 [ r e l a t i ng

to c e r t i f i c a t i o n

compliance)] such tha

t it

would di squa l i fy

them as fo s t

e r

paren ts , the county agency sha l l immediate ly seek cour t

au thor iza t ion

to

remove

the

fos te r ch i ld

or

ch i ld ren

from

the

home.

In

emergency

s i tua t ions when a judge

cannot

be

reached, the

county agency

sha l l proceed

in

accordance with

the Pennsylvania

Rules

of Juveni le Court Procedure.

8) The

department

sha l l

requi re

in format ion ba se

d upon

c e r t a i n

c r i t e r i a

for

fo s t e r

and adopt ive parent

app l i ca t ions . The c r i t e r i a sha l l

inc lude ,

but not be

l im i t

ed

to ,

in format ion

provided by

the

appl ican t

or

other

sources

in

the

fol lowing areas :

i)

Previous

addresses

with in

the l a s t [ ten ]

1

years .

i i

)

Criminal h i s t o ry

background [c lea rance ]

cer t i f i ca t i on genera ted by the process

out l ined

in t h i s

sec t ion .

i i i ) Child abuse [c learance]

cer t i f i ca t i on

genera ted by

the

process

out l ined in t h i s sec t ion .

iv) Composit ion of the re s iden t family uni t .

v) Pro tec t ion

from

abuse

orders f i l ed by or

aga ins t

e i t h e r

paren t , provided t ha t such orders

are

~ c c e s s i b l

to the county or pr iva te agency.

vi) Deta i l s of any proceedings brought in family

cour t ,

provided

tha t

such records

in such proceedings

are

access ib le

to

the

county

or pr iva te

agency.

vi i )

Drug-re la ted

or

a lcohol - re l a t ed

a r re s t s , i

cr imina l

charges

or

jud ic ia l

pro

cee

dings

ar

e

pending,

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23 - DOMESTIC RELATIONS CODE 23 PAC.S. - OMNIBUS AMENDMENTS

and

any

convic t ions or hosp i t a l i z a t i ons wi th in the l a ~ t

f ive

years . I f

the

app l i can t provides in fo rma t ion

regard ing convic t ions or h o s p i t a l i z a t i ons in t h a t f ive -

year

per iod,

then

in format ion on the

pr i o r

f ive years

sha l l be reques ted r e l a t e d

to any a dd i t i ona l

conv ic t ions

o r

hosp i t a l i z a t i ons .

v i i i )

Evidence

of f i na nc i a l s t a b i l i t y , i nc lud ing

income v e r i f i c a t i o n , employment hi s to ry , c u r re n t l i e n s

and

bankruptcy

f ind ings wi th in

the l a s t

[ ten]

10 years .

(ix)

Number

of

and

ages

of

fo s t e r c h i ld re n

and

other

dep e

ndents c u r re n t ly placed in

the home.

(x) Deta i l ed

in format ion

regard ing c h i ld re n with

spec ia l

needs

c u r re n t ly

l i v i ng

in

the home.

(xi)

Previous h i s t o ry

as

a fos te r

paren t ,

inc lud ing

number and types of ch i l d r en served . ·

xii) Rela ted

educa t ion ,

t r a i n i ng

or persona l

exper ience working with

fo s t e r

ch i ld ren or t he

c h i l d

welfa re sys tem.

* * *

(d. 3) ·Family l iv l .ng homes,

community

homes

fo r i nd iv idua l s

with an i n t e l l e c t u a l

d i s a b i l i t y

and

hos t

homes . - -

(1) The

fo l lowing

sha l l apply to an i nd iv idua l over 18

years of

age

r e s id ing in

a

fami ly

l i v ing home,

a

community

home

fo r

ind iv idua l s with

an

i n t e l l e c t u a l d i s a b i l i t y o r

a

hos t home fo r c h i ld re n , which a re

sub jec t

t o superv i s ion or

l i c e ns u re

by the

department under

Ar t i c l e s

IX

and X

o f

the

Publ ic Welfare Code:

(i ) I f

an

i nd iv idua l i s a r r e s t e d fo r or conv ic ted o f

an

offense

t h a t

would cons t i t u t e grounds

fo r

denying

approval under t h i s chapte r , or

i s

named as a

pe rpe t r a t o r i n a

founded

or

i nd i c a t e d

r e po r t ,

t he

ind iv idua l sh a l l provide the agency with wr i t t e n not i ce

not

l a t e r than 72 hours a f t e r the a r r e s t ,

convic t ion

or

n o t i f i c a t i o n t h a t the i nd iv idua l

was named

as

a

perpe t ra to r

in·

the

Statewide

database .

i i ) The

a du l t

family member who i s prov id ing

se rv ices to

a c h i l d

in the home sha l l

be

r equ i r ed to

r e po r t any o t he r

change

in the household composi t ion

with in 30

days o f the

change fo r

review

by

t he

agency.

I f

any ind iv idua l

over

18

years o f age, who has r es ided

out s ide t h i s

Commonwealth a t any

t ime

with in t he

previous f i ve -ye a r per iod , begins r e s i d i ng in the home,

t h a t

ind iv idua l sh a l l ,

with in 30

days

o f beginning

re s idence ,

submit

to the

agency

a

c e r t i f i c a t i o n obta ined

from the S t a ~ e w i d e da tabase , o r ts equiva len t in each

s t a t e in

which the i nd i v i dua l has

~ e s i d e d

with in

the

prev ious

f i v e ~ y e a r

per iod ,

as

to whether

the

person i s

named

as a

pe rpe t r a t o r .

I f

the

c e r t i f i c a t i o n shows

t ha t

the

person i s

named

as

a pe rpe t r a t o r

with in t he

prev ious

f ive -year pe r iod ,

the

agency s h a l l forward t he


to the depar tment fo r

review.

(2) This subsec t ion

sha l l

no t apply

to

an i nd iv idua l

with an

i n t e l le c t u a l d i s a b i l i t y o r chronic psyc h i a t r i c

d i s a b i l i t y r ece iv ing se rv ices in a ~ h o m e

(3) As

used

i n t h i s subsec t ion , the term agency means

a family l i v i ng home agency,

community home

agency fo r

i nd iv idua l s with an i n t e l l e c t u a l d i s a b i l it y or

a

hos t home

agency.

(e) Self -employed

fami ly

[day-care]

ch i ld -ca re

pr ov i de r s . -

Self-employed fami ly d y ~ c a r e c h i l d - c a r e providers

who apply

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23

PAC.S. OMNIBUS AMENDMENTS

fo r a [c e r t i f i c a t e of r eg i s t r a t i on ] l i c e n s e with the department

s h a l l submit wi th . the i r [ reg i s t ra t ion] l i censure app l i ca t ion

the in format ion

se t

fo r t h

under

subsec t ion (b)

for review in

accordance with t h i s sec t ion .

* * *

Sec t ion

6.

Sec t ion

6344.1

heading,

(a)

and

(c)

of T it l e 23,

amended October

22,

2014 (P.L.2529, No.153 ) ,

are

amended to

rea d :

§

6344.1.

Informat ion re l a t i n g to

c e r t i f i e d

or [ reg i s t e red

day-care]

l i censed

ch i ld - ca re

home r e s i de n t s .

(a)

General r u l e . - - I n

addi t ion

to the requi rements of

se c t ion

6344 re l a t ing to

employees having contac t with

ch i ld ren ;

adopt ive

and fo s t e r paren ts ) ,

an

ind iv idua l

who

appl i es

to

the

department fo r a c e r t i f i c a t e

of compliance or

a

[ r eg i s t r a t i on c e r t i f i c a t e ] l i c e n s e .to

provide

ch i ld day care in

a re s idence sha l l inc lude cr iminal hi s to ry record and c h i ld

abuse record in format ion

r equ i red

under s e c t ion

6344(b)

for

every i nd iv idua l

18

years of age or

older who re s ides

in the

home for

a t l e a s t

3 0 days in a ca lendar

year .

* * *

(c)

Effect on c e r t i f i c a t i o n

or [ r e g i s t r a t i on ]

l i c e n s u r e . -

The

department

sha l l

r e

fuse

t o i s sue

or

renew

a

c e r t i f i c a t e

of

compliance or [r e g i s t r a t i o n c e r t i f i c a t e ]

l i c e n s e

or sha ll

revoke a

c e r t i f i c a t e

of compliance or [r e g i s t r a t i o n

c e r t i f i c a t e ] l i cense i the day-care home provider or

ind iv idua l 1 8

years of age or

older who has

r es ided in

the home

for a t leas t 30

days

in a ca lendar year:

(1) i s named in the

Sta tewide

database as the

perpe t ra to r of

a

founded

repor t

committed

within the

immediately

preceding

f ive -yea r

per iod ; or

(2)

has

been

convic ted of

an

offense enumerated in

sec t ion

6344 (c).

* * *

Section

7.

Sec t ion

6344.2

a ) , b) ,

b.1) , (e

)

and

(f)

of

Ti

t l e

23

,

amended

October

22,

2 0

14

(P.L.2529,

No

.

153) ,

are

amended and the

sec t ion

i s amended by

adding

subs

e c t ions

to

read:

§ 6344.2. Volunteers having contac t

with

ch i ld ren .

(a) Appl i c a b i l i t y . - -T h i s

sec t ion

appl i es to an

adul t

applying for or hold ing

an

unpaid pos i t ion as a volun tee r with

ch i ld - ca re serv ice , school

or

program

a c t i v i t y or

serv ice as person responsible for the [welfare of a chi ld]

c h i l d s

welfare

or having d i rec t volunteer contac t

with

ch i ld ren .

(b) Inves t iga t ion. - -Employers , admin is t ra to rs , superv isors

or other persons

responsible for

se lec t ion of

volunteers

sha l l

requ i re

an

appl i can t to submit

to a l l requirements se t

fo r th in

sec t ion 6344(b) r e l a t i ng to

employees

having contac t with

ch i ld ren ;

adopt ive and fo s t e r paren ts ) except

as

provided

in

subsec t ion (b. 1) . An employer, admin i s t r a to r ,

superv isor

or

other person

responsible for

se lec t ion of

volunteers

regard ing

an

appl i cab le p rospec t ive vo lun tee r

under

t h i s sec t ion

t ha t

i n t en t iona l ly f a i l s

to

r equ i re the submissions . before [h i r ing]

approving

t ha t

ind iv idua l commits

a

misdemeanor

of

the

t h i r d

degree.

(b.1) Except ion . - -

(1) A person r espons ib le for

the

se l e c t i on of

volun teers under

t h i s

chapte r

sha ll

r equ i re an

appl i cab le

prospec t ive

volun tee r pr io r to the commencement of se rv ice

to

submit

only

the

in format ion

under

sec t ion

6344(b)

1)

and

.

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23-

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S.

- OMNIBUS AMENDMENTS

(2 ) , i

the fo l lowing apply:

i)

The

pos i t

ion

the prospec t ive vo lun tee r

i s

applying

for i s unpaid.

i i ) The

prospec t ive

volunte

e r has been a

re s iden t

of

t h i s

Commonwealth during the

e n t i r e ty of

the

previous

[ ten-year

per iod . ]

10-year

per iod or , i not a

r e s i de n t

of t h i s Commonwealth

dur ing

the e n t i r e t y o f the prev ious

10-year pe r iod , has r ece ived c e r t i f i c a t i o n under sec t ion

6344 b)

3)

a t

any

t ime s ince

e s t a b l i sh i ng re s idency in

t h i s

Commonwealth

and

provides

a .copy

of

the

c e r t i f i c a t i o n to

the person r espons ib le fo r

the

se l e c t i on

of vo lun tee r s .

i i i ) The

prospec t ive vo lun tee r

swears or

af f i rms

in

wri t ing

t h a t

the prospec t ive . volun tee r i s not

d i squa l i f i ed

from se rv ice pursuant to

sec t ion

6344

(c)

or

has

not been convic ted

of

an

offense

s imi l a r i n nature

to those

cTimes

l i s t e d in

sec t ion

6344 c) under the

laws

or

former

laws of the

United Sta tes

or

one

of

i t s

t e r r i t o r i e s or

possess ions , anoth e r

s t a t e ,

the

D is t r i c t

of

Columbia, t he Commonwealth of Puer to Rico or a

fore ign na t ion ,

or under

a former

law of

t h i s

Commonwealth.

2)

I f

the

in format ion obta ined pursuant to

sec

t i on

6344 b) r evea l s

t ha t

the prospec t ive vo lun tee r app l i can t i s

d i

s

qua l i f i e d from

se rv ice pursuant to sec t ion

6344 c) , the

appl i can t

s h a l l

not be approved fo r s e rv i c e .

3) I f

a l l of the

fo l lowing apply, an

ind iv idua l

s h a l l

not be r equ i r ed to obta in

the c e r t i f i c a t i o n s

r equ i red

under

subsec t ion b)

:

i )

The

ind iv idua l

i s c u r r e n t l y e n ro l l e d in a

school .

i i ) The

ind iv idua l

i s not a person r espons ib le fo r

the c h i l d s wel fa re .

i i i )

The ind iv idua l i s volun tee r ing fo r

an

event

t h a t occurs on school grounds.

iv)

The event

i s

sponsored

by

the

school

in

which

the ind iv idua l

i s

enro l led

as

a s tuden t .

v)

The event

i s

not fo r

c h i ld re n who

are in

the

care of a ch i ld -ca re s e rv i c e .

[ e )

Cons t ruc t ion . - -Noth ing

in t h i s sec t ion sha l l b e

construed to proh i b i t an

organiza t ion

from r equ i r ing a dd i t i ona l

in format ion

as par t

of the c lea rance

process

for

volunteers who

are

respons ib le

fo r

the

welfa re o f

a ch i ld or have d i rec t

contac t

wi th

ch i ld ren . ]

f) [ r o v i ~ i o n a l c lea rances for volunteers]

Nonresident

volunteer

c e r t i f i c a t i o n .

- -

Employers, admin is t ra to rs ,

superviso

r s

or

other

persons

responsible for

s e l e t i ~ n

of

volunteer

s

may

al low a

volunteer

to serve on a prov is iona l

bas i s

[ for

a s ing l e period] not to excee d a t o t a l

of

30 days in

a ca lendar year i the

volun teer

i s in compliance with the

c lea rance s tandards under the

law

of

the

j u r i s d i c t i o n

where

the

volun teer i s domic i led . The

nonres ident volunteer must

provide

the employer, admin is t ra to r , superv i sor o r o the r

person

respons ib le fo r se l e c t i on of volun tee r s

with

documentation

of

c e r t i f i c a t i o n s .

g) Waiver o f

fees

fo r ce r t a in background c e r t i f i c a t i o n s . - -

The fees

fo r

c e r t i f i c a t i o n a r equ i red

under sec t ion

6344 b) 1)

and

2) which

a volun tee r

i s r equ i red

to submit

under

t h i s

sec t ion sha l l be

waived,

and

the

c e r t i f i c a t i o n s

sha l l be

ttp

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128/2015

ct

of

Jul.

1, 2015,P.L

94, No.

15

Cl.

23- DOMESTIC RELATIONS

CODE

23 PAC.S. - OMNIBUS AMENDMENTS

prov ided

f r e e o f charge

to

the volun tee r under the

fo l lowing

condi t ions :

1)

The

background c e r t i f i c a t i o n s are necessa ry to

comply with the

requirements

o f

subsec t ion (b) .

2) The

background


may not be

used and

s h a l l

not

be va l i d to

s a t i s f y t he

requirements

fo r

employment under _sec t ion 6344 b) or any _other

law

fo r which

a s imi l a r background check may be requ i red .

3)

a c k ~ r o u n d

c e r t i f i c a t i o n s sha l l only

be

provided

f r e e

of

charge

to

a

volun tee r

once

every

57

months

.

. 4) The vo lun tee r swears

o r

af f i rms , in

wr i t i ng ,

under

pena l ty o f 18 Pa.C.S.

§ 4904 ( r e l a t i ng

to

unsworn

f a l s i f i c a t i o n to

a u t h o r i t i e s ) , the fo l lowing:

i) The background c e r t i f i c a t i o n s are necessary to

sa t i s f y the

requirements

under

subsec t ion

b)

.

( i i ) The vo lun tee r

has

no t rece ived background

c e r t i f ~ c a t i o n s f ree

o f charge

with in t he prev ious

57

months.

( i i i ) The vo lun tee r unders tands

t h a t

the


sha l l

not be

va l i d

or used fo r any o t he r

purpose .

h) Presumption of good f a i t h . - - F o r

the purposes o f

cr imina l

l i a b i l i t y under

t h i s

sec t ion ,

an

employer ,


supe rv i so r o r

o the r

persons

r espons ib le fo r

the

se l e c t i on o f

volun tee r s are

presumed to

have ac ted in good

f a i t h

when i den t i fy ing i nd i v i dua l s

requ i red

to

submit


and mainta in records as

r equ i red

by

t h i s

s e c t ion .

Sec t ion 8.

Sect ions 6344.3 e) and

f)

and 6344.4 of T i t l e

23, added October

22,

2 014 P.L.2529, No.153), are amended to

read:

§ 6344

.3 . Cont inued

employment or par t i c ipa t ion in

program,

a c t i v i t y or se rv ice .

* * *

e)

Nonin te r fe rence

with

dec i s ions

. -

-Nothing

in

t h i s

chap te r sha l l be cons t rued to otherwis e i n t e r f e r e with the

a b i l i t y of

an

employer or person r espons ib le fo r a program,

a c t i v i t y or s e r v i ce to

make

employment, d i sc i p l i ne or

t e rmina t ion dec is ions or

from

es tab l i sh ing a dd i t i ona l

[c lea rance] s tandards as

p a r t

o f

t he

h i r ing o r s e l e c t i on

process fo r employees or volun tee r s .

f)

[Transfer]

Por t ab i l i t y o f c e r t i f i c a t i o n . - -

[ 1)

Any

person who has

obta ined

the in format ion

r equ i red under t h i s

chapte r

may

t r a ns f e r

or

provide

se rv ices

to another

subs id ia ry

or branch

es tab l i shed

and superv ised

by the same

organiza t ion,

_or serve

in

a vo lun tee r capac i ty

fo r any program, se rv ice or a c t i v i t y , dur ing the leng th of

t ime

the

pe r s on s


i s

cur ren t

pursuant

to

s e c t ion

6344.4

( r e l a t i ng

to

c e r t i f i c a t i o n compliance) .

2) Any employee who begins employment with a new

agency, i n s t i t u t i o n , organ iza t ion or

o the r e n t i t y t ha t

i s

respons ib le fo r the ca re ,

supervis ion,

guidance or cont ro l

of

ch i l

dren sha l l

b e re quired

to

ob ta in a new


of compliance

as re qui red

by t h i s chapte r . ]

1)

Subjec t to the r e s t r i c t i o n s under s ec t i on 6344 b.3)

( r e l a t i ng to

employees

having con t ac t with ch i ld ren ;

adopt ive

and fo s t e r

paren t s ) ,

i an

i nd i v i dua l s

c e r t i f i c a t i o n s are cur ren t under s ec t i on

6344.4 ( re l a t ing

to

r e c e r t i f i c a t i o n )

and the

ind iv idua l completes

an

af f i rmat ion

under paragraph 2) , the

ind iv idua l

may use the

.

HTM?63

131



7/2812015 Act

ofJul. 1, 2015,P.L

94, No.

15 Cl.

23

DOMESTIC RELATIONS CODE

23

PAC.S.) - OMNIBUS AMENDMENTS

c e r t i f i c a t i o n s as fo l lows:

( i )

to

apply fo r employment as i d e n t i f i e d i n s e c t i on

6344

( r e l a t i ng

to

employees having

contac t

with

ch i ld ren ;

adopt ive

and f o s t e r

pa re n t s ) ;

( i i )

to

serve as

an

employee as

i d e n t i f i e d in

sec t ion

6344;

( i i i ) to apply

as

a

volun tee r under s e c t ion 6344.2

( r e l a t i ng

to

vo lun tee rs

having contac t with ch i ld ren)

;

and

iv)

to

serve

as a

volun tee r

under

sec t ion

6344.2 .

2) P r io r

to

commencing employment o r se rv i c e ,

an

i nd iv idua l must swear or a f f i r m in

wr i t i ng t ha t

t he

ind iv idua l

has

not

been d i s q u a l i f i e 4 from

employment o r

s e r v i ce

under

s ec t i on 6344 c) o r

has

no t been convic ted of

an offense

s imi l a r

in

na ture

to a

cr ime

l i s t e d

in s e c t ion

6344 c) under the laws

o r former

laws

of the

United · S ta t e s

o r one of i t s t e r r i t o r i e s or possess ions , another s t a t e , the

D i s t r i c t

o f

Columbia,

the

Commonwealth

of

Puer to Rico or a

fo re ign

na t ion ,

or under a former

law

of t h i s Commonwealth.

3) An employer,

a dmin i s t r a to r ,

superv i sor ,

o the r

person r espons ib le fo r employment decis ions . or

othe r

pe r son

r espons ib le fo r

the se l e c t i on of

volun tee r s sha l l

make a

determinatio-n

o f

employment

or vo lun tee r

mat te r s

based

on

a

review o f the in format ion r equ i red under

sec t ion

6344 b)

p r io r

to

employment o r

acceptance to

s e rv i c e in any

such

capac i ty and must

mainta in a copy o f

the r equ i red

in format ion .

* * *

§

6344.4.

[Cer t i f i ca t ion compliance] Re c e r t i f i c a t i on .

New c e r t i f i c a t i o n s s h a l l

be

obta ined in accordance

with

fol lowing:

1 ) Effec t ive December

31,

2014:

the

i ) [A] Except as provided in subparagraph v) , a

person

i d e n t i f i e d in sec t ion

6344 ( re l a t ing

to

employees

having

contac t

with

ch i ld ren ; adopt ive

and

fo s t e r

paren ts ) sha l l be

r equ i red

to obta in the c e r t i f i c a t i o n s

re qu i r

e d by

t h i s chapte r every [36] 60 months.

( i i ) School employees i d e n t i f i e d

i n s e c t i on

63 4 4

a. 1) 1)

sha l l

be r equ i red to ob ta in r epor t s

unde r

s ec t i on 111

of

the

ac t

of March

10,

1949 P.L.30,

No.14), known as

the Publ ic

School

Code of

1949,

and

under

sec t ion

6344 b) 2) eve ry [36] 60 months.

( i i i ) Any person i d e n t i f i e d in

sec t ion

6344 with a

cur ren t


i s sued

pr i o r

to

the e f f e c t i ve

da te

of t h i s sec t ion sha l l b e

re

quired to obta in the

c e r t i f i c a t i o n s r equ i red

by t h i s chapte r

wi th in [36] 60

months from the date of

[ t he i r

most recen t ] the pe r son s

o lde s t


or ,

i

the

cur ren t


i s

o lde r than [36] 60 months, with in one year of the

e f f e c t i ve date of t h i s

sec t ion .

iv) A person i d e n t i f i e d in

sec t ion

6344 without a

c e r t i f

c.a

tion

or

who

was p r ~ v o u s l y

no t

r equ i red to have

a c e r t i f i c a t i o n s h a l l be r equ i red

to

obta in the

cert i · f - ica t ions

r equ i red

by t h i s

chapte r

no l a t e r than

December

31, 2015.

2) ( i ) Effec t ive [July 1,

]

August 25, 2015,

a person

i den t i f i ed in

sec t ion 6344.

2 ( r e l a t i ng to vo lun tee rs

having

contac t with

chi ld ren) sh a l l be

requ i red

to

obta in the


r equ i red by t h i s chapte r

every

[36]

60

months[ . ]

from

the

da te

of the

pe r s on s

most

14/



7128/2015 Actof

Jul.

1,

2015,P.L

94,

No . 15Cl. 23-DOMESTIC RElATIONSCODE 23PAC.

S.

- OMNIBUS AMENDMENTS

r e c e nt


or ,

i the

current


o lder than 60 months, with in one year o f

the

e f f e c t i v e

date

o f t h i s sec t ion .

( i i )

person i d en t i f i ed

under sec t ion 6344.2

without a c e r t i f i c a t i o n

or who was

prev i ous l y

not

required

to

have

a


s h a l l be required to

obta in

the c e r t i f i c a t i o n s required by t h i s chapter no

l a t er

than July 1 , 2016.

3) For renewals

o f


required under t h i s

chapter ,

the

date

for

required

renewal

under

t h i s

sec t ion

s h a l l be from the date o f the

o ld e s t

c e r t i f i c a t i o n under

sec t ion 6344(b) .

Sect ion 8 .1 . Sec t ions

6383 c1 1) , 2 ) and 3 )

and 6386

a )

of T i t l e

23 are

amended to

read:

§

6383. Educat ion and

t r a i n i ng .

*

*

*

c) Tra in ing o f

persons

subj e c t to depar tment regula t , ion . -

1) The fo l lowing

persons

sha l l be

requ i red to meet the

c h i l d abuse recogn i t ion

and

r epo r t i ng t r a i n i ng requi rement s

o ~ t h i s subsec t ion :

i)

Opera tors

of

i n s t i t u t i o n s ,

f a c i l i t i e s or

agencies which care f o r ch i l d r en and are s ub j ec t to

supe rv i s ion

by

the

depar tment under

Ar t i c l e

IX

of the

Publ ic Welfare Code,

and

t h e i r employees who have d i r

ec

t

con tac t with

ch i ld ren .

i i ) Fos te r paren t s .

i i i ) Operators of ·

f a c i l i t i e s

and

agencies which

care for

ch i ld ren and

are s ub j ec t to l i c ens u r e by

the

department under Ar t i c l e X of the Publ ic Welfare Code

and t h e i r employees who have d i r e c t contac t with

ch i ld ren .

iv) Caregivers in fami ly [day care] ch i ld -care

homes which

are

sub jec t

to [ reg i s t ra t ion]

l i censure

by

the depar tment under [Subar t i c l e

c)

of] Ar t i c l e

X

of

the

Publ ic

Welfare

Code

and

t h e i r

employees

who

have

d i r e c t contac t with

ch i ld ren .

·

v) The

adul t

fami ly member who i s a

person

respons ible for

the

c h i l d s welfare and i s

prov id ing

serv ices to a ch i ld

in

a fami ly l i v i n g home, a community

home

for indiv iduals with an i n t e l l e c t u a l

d i s a b i l i t y

or

a

ho s t home which i s

subject to superv i s ion R l i censure

by the department under A r t i c l e s IX and X o f the Publ ic

Welfare Code.

2 )

Within s ix months of the e f f e c t i ve date of

t i ~

subsec t ion , opera tors and .careg iver s sha l l rece ive t h r ee

hours of t r a i n i ng pr io r

to

the i s suance of a l i c e nse [ , ] or

approval [or r e g i s t r a t i on ] c e r t i f i c a t e

and

t h ree hours of

t r a i n i ng

every

f ive

years

t he rea f t e r .

· 3) Employees who

have

d i r e c t contac t with ch i l d r en

and

fo s t e r pa ren t s sha l l rece ive t h ree hours of t r a i n i ng with in

s ix months of the

i s suance of

a

l i c e nse [ , ]

or approval [or

r e g i s t r a t i on ] c e r t i f i c a t e and t h ree hours of t r a i n i ng every

f ive years .

t he r e a f t e r .

New

employees

and new

fo s t e r pa ren t s

sha l l rece ive t h ree hours of

t r a i n i ng

with in 90 days

o f

h i r e

o r

approval as a fo s t e r paren t and

t h ree

hour s

of

t r a i n i ng

every

f ive years t he r e a f t e r .

*

* *

§ 6386. Mandatory

repo r t

i

ng o f

ch i l d r en under one year of age.

a ) en r epo r t to be made.--A

he a l th

care provider

s h a l l

immedia te ly make a

repo r t or

cause a r epor t

to be

made to

the

://wMv.legis.state.

pa.us//l/\A.J01/Ll/Ll/US/HTM/2015/0I0015.HTM?63 151



, .

ct

of

Jul.

1, 2015,P.L 94, No. 15 Cl.

3

DOMESTIC RELATIONS

CODE

23 PAC.S. - OMNIBUS AMENDMENTS

appropr i a t e

county agency i t he provider i s involved

in

t he

l i e l ive ry or care o f a

c h i ld

under

one

year

of

age who i s

born

and i d e n t i f i e d

as

being a f fec ted by any of the fo l lowing:

1)

I l l e g a l

substance

abuse

by

the c h i l d s mother .

2)

Withdrawal symptoms r e su l t i ng

from

pre na t a l

drug

exposure[

.] unl ess

the c h i l d s mother during

the pregnancy

was:

( i)

under

the care

o f

a prescr ibing medical

profess iona l ;

and

( i i )

in

compliance

with the

direc t ions f or

the

adminis tra t ion

o f a presc-r ipt ion drug as d i r e c t e d by the

prescr i b i ng

medical

profess iona l .

3)

A

Fe ta l

Alcohol Spectrum Disorder .

* * *

Sect ion 9.

enac ted a f t e r

2015.

Sect ion 10.

The

amendment of

2 3

Pa.C.S. § 6344.4

2

i) i

Ju ly 1, 2015, s h a l l be r e t roa c t i ve to

Ju ly

1 ,

This ac t sha l l take

e

f f ec t

immediat e

ly .

APPROVED- - Th e 1s t day of Ju ly , A.D. 2

01

5 .

TOM

WOLF

.state.paus/llM.J01/Ll/LIAJSIHTM/2015/0/0015

.HTM

?63

1611



CHARGE OF UNFAIR PRACTICE S)

UNDER THE PUBL1C EMPLOYE

RELATIONS ACT

.

.

ASSOCIATION OF PENNSYLVANIA STATE

COLLEGE AND UNIVERSITY FACULTIES

COM

PL IN NT

v.

PENNSYLVANIA STATE SYSTEM OF HIGHER

EDUCATION,

RES PONDENT

DO

NOT

WRITE IN THIS SPACE

CASE NO.

DATE FILED

TO THE HONORABLE, THE MEMBERS OF THE PENNSYLVANIA

L BOR

RELATIONS BOARD:

COMPLAINANT INFORMATION

Association of Pennsylvania State College and University Faculties

Public Employe, Employe Organization or Public Employer

Julie A. Reese

Name of Person filing charge on behalf of Complainant

319 North Front Street

Address

Harrisburg

City

717) 236-7486

Telephone

RESPONDENT INFORMATION

PA

State

HEREBY CHARGES THAT:

Pennsylvania State System

of

Higher Education,

Public Employer, Employe Organization

or

Public Employe alleged

to

have committed unfair practice s)

2986 North Second Street

Address

Harrisburg PA

City State

717) 720-4000

Telephone

Director

Trtle

17101

Zip

17110

Zip

HAS ENGAGED IN UNFAIR PRACTICE S) CONTRARY TO THE PROVISIONS OF THE

PUBLIC EMPLOYE RELATIONS ACT, SECTION 1201 AS FOLLOWS:

Choose

one:

e subsection

a)

0

subsection

b)

Choose all that

apply:

0 clause 1) D clause

4)

D clause 2) IZl clause

5)

D clause 3) D clause

6)

D Check here

if

more than one

respondent

and

list

on

separate sheet

D clause 7)

D clause

8)

D clause

9)

0 Check here if a grievance relating to this issue has been filed and enclose three 3) copies of the grievance

and

one

1)

copy of the Collective Bargaining Agreement to assist in ra\tiew of this charge. .

FAILURE TO ENCLOSE THESE DOCUMENTS WILL CAUSE A DELAY IN PROCESSING.

PERA-9 REV 5-09 Page 1)

i

EXHl.

BIT



SPECIFICATION OF CHARGES

Set forth all of the events alleged to constitute the unfair practice(s). Include specific facts, dates, names, addresses, place of

occurrence, and Qther relevant facts. If additional space is needed, please continue on additional sheet(s).

The above-named Employer violated §1201 (a)(1) and (5) of the Act on July 24, 2015, when it refused APSCUF s demand

to bargain over application o f its

policy requiring

(1)

criminal background checks

of

current faculty members and (2)

requiring faculty members to report arrest or conviction for 20 listed crimes, even though those faculty members are not

subject to the background checks and reporting requirements

of

the Child Protective Services Law, as amended effective

July 1, 2015. On July 27, 2015, APSCUF learned that the Employer had begun to enforce this policy. On

or

about July

24, 2015, the Employer also told APSCUF that it would discharge employees whose criminal background checks showed

c ~ m v i c t i o n s

of certain crimes, and that it would disciple or discharge employees who failed to obtain background checks.

WHEREFORE, the Complainant respectfully requests the Pennsylvania Labor Relations Board to enter the charge upon the Docket

of

the said Board and to issue and cause to be served upon the Respondent above named a Complaint stating the charge(s) of unfair

practice(s). ·

COMMONWEALTH OF PENNSYLVANIA

COUNTY OF kf -..

On this /8

1

:::

day of e4v LL r - I I 20 IS before me, a . .

in

and for said

County and State, personally appeared

:JV l;ie 4

{2 e

£ ~ ,z,

duly sworn according to law, deposes and

says that he/she

is

the person filing the foregoing CHARGE

OF

UNFAIR PRACTICE(S) and

is

aware

of

the contents hereof and that

the matters and facts set forth herein are true and

c ~ 5 J i t M . i o . t h e . b e s t

Qf or her knowledge, information and belief.

0NWtA1.TH OF

PENNSYLVANJA

SWORN AND. SUBSCRIBED TO before me

the day and year first aforesaid.

{ ? ( ~ V . Q

. . I

Notarial

Seal ,

Luz Espinal, Notary Public

Qty

of Harrisburg, Dauphin County

My

Commission

Expires June

14, 2017

MEMBER, PEHNSYLVANIA

5SOCIATION

OF NOTAAIES

FAILURE TO FILE AN ORIGINAL AND THREE (3) COPIES OF THE CHAAGE

AND

ALL

ACCOMPANYING EXHIBITS MAY CAUSE A

DELAY IN

PROCESSING.

Commonwealth of Pennsylvania I Pennsylvania Labor Relations Board I 651 Boas Street, Room 418 I Harrisburg,

PA

17121-0750

717.787.1091 I Fax 717.783.2974 I www.dli.state.pa.us·

Auxiliary aids and services are available upon request to individuals with disabilities.

PERA-9 REV

> 9

(Page 2)

Equal Opportunity Employer/Program



~ P S C U F

ASSOCIATION

OF

PENNSYLVANIA

' STATE COLLEGE UNIVERSITY FACULTIES

BLOOMSBURG CALIFORNIA CHEYNEY CLARION EAST STROUDSBURG

EDINBORO INDIANA

KUTZTOWN

LOCK HAVEN MANSFIELD

MILLERSVILLE SHIPPENSBURG SLIPPERY ROCK WEST CHESTER

August 7, 2015

Via Email hard copy to follow by U

S

Mail)

Ms

Lisa A. Sanno

Assistant Vice Chancellor for Labor Relations

Pennsylvania State System ofHigher Education

Dixon University Center

2986 North Second

Street

Harrisburg,

PA

17110

RE: ST APSCUF - Protection

of

Min.ors Policy and Background Check Policy

APSCUF 2015-002ST

Dear Ms. Sanno:

APSCUF is filing the above-referenced grievance directly at Step Three

of

the grievance

procedure.

I

will

appreciate an early reply.

MRDQ/arb

Attachment

cc w/ attachment: Statewide Executive Council

State APSCUF

Meet

Discuss

Team

Chapter Presidents

~

319

N.

Front.Street,

Harrisburg, PA

17101

P

(717)

236-7486 TF

(800)

932-0587 F

(717) 236-1883

www.apscuf.org

@...

EXHI IT

~ u



·· ·

·. ·.·.:

,.

. .

... .

>..

•

·.

. . .

·.

. ·. .

..

:

.....

:

'. .Local .Grievance . State Grievance

.. ~ ~ ~ · · ~

~ e p t

of

Grievant Kenneth M. Mash. President - - - - - - - - - - - - - - - -

_ . , - _ ~ ~ ~ ~ ~ d d r e s s 319 N. Front Street, Harrisburg, PA 17101

..:

: : · : ; ~ i ~ ~ ~ ~ ~ e

N ~ s .

(work) _ _,_7-=-1 7--=2=-36.._-_,_ 74' ' '8 6._______

:/<<:

i ~ ~ ~ ~ c ~ e A ware ofG;rievance

~ ; ; ~ ~ - t o -

~ - s u -

- : ~ - ; : H ~ w ~ ; ; ; ~ ~ ~ ~ f u i s s ~ t i ~ n if

',::you c ~ o ( ) s e to do so.) .

. : ~ . \ ~ \ ~ j ~ ~ · .

·. ·.·

.··.

to answer my grievance as the l o w ~ s t 1evel manager who can resolve my grievance.

.

: : - - - ~

(home)

_ _ _ _ _ _ _ _ _

. = - . < ~ / i ~ t ~ ~ ·

is.a

r i t t ~ n

statement of the grievance, citations of he articles violated as well .as the re.quested re1ief.

:

~ f - ~ t by . . .

<.:--

pisposition

by

: Attach written response and send copies to the Grievant and APSCUF Grievance

... . . ; , b . a i r p e r ~ q n .

; ; . · ~ , ~ ~ ~ ~ j ~ ~ · by

Grievance Chrur

____________________

'-<.:.-. -; .

Signature Date

·.·:·.:.

'.::sriP. ) V O : T h i ~

; ; ; ~

h ~ ~ ~ ~ b ~ ~ ~ ; ~ ~ ~ ~ e d s t e ;

- l l i ; ~ < l is

~ ~ b ~ i ; a

-

~ 8 ; ; ; 1 : : , ~ ~ - - - - - - - - - - - - - - - - - - -

•.

··

.. . . . .

--

:

· : . q l . i e v ~ t ' s

Signature Date

.Submitted

· ·

....

···· - - - - - - - -

, .

· < ; J - ~ ~ v a n c e

Chair's Signature Date

. ,. :

...

Attached is a written statement

of

the

g r i e v a n c e ~

citations

of

the articles violated as

wen as

the requested

relief

.

e ~ ~ i p t by

President/Designee Signature

Date

Disposition

by

President/Designee: Attach written response and send copies to the Grievant and APSCUF Grievance

.Chairperson. ·

,. Received by Grievance Chair Signature Date

STEP THREE:

This

~ h s n o t ~

resol.ved

at

Step Two and

is

submitted

to

Step

Three.

Grievant'sSignature ~ ~ · Date K- ]-f )

Hbg. APSCUF

Staff i g n a t u r e · ~ ~ C J J

Date

i-7-rS

Grievance Chair's Signature

ts:

Dato.

aar:6



PROTECTION.OF

1v1INORS

POLICY GRIEVANCE

CBA sections violated: Art.

1

13, 15,

31

·

The State System is violating the collective bargaining agreement by 1)

continuing to apply its Protection ofMinors policy, adopted pursuant to

amendments to the Child Protective SerVices Law effective Dec. 31, 2014,

to

employees who are now exempt from application of the law by Act 15

of2015

effective July 1, 2 1 5 ~ and 2) requiring renewal

of

background checks more

frequently than the newly amended law requires. The Employer

is

also violating

the CEA by threatening employees with discharge and discipline for failing to

comply with its improper policy.

APSCUF learned

of

the continuing application of the policy to exempt employees

on July 27, 2015.

Relief requested:·Cease and desist from applying the above-named policy to

employees exempt from the criminal history check and child abuse certification

reporting requirements

of

the law; destroy all criminal history checks and child

abuse certifications obtained about exempt employees, and any materials related

thereto, including but not limited to fingerprints; for any employees subject to the

law, cease and desist from requiring background checks and child abuse

certifications more frequently than the law requires.



VERIFIC TION

I,

JULIE

A

REESE certify

that

I

am

employed

as

director

of the

labor

relations department

of

the Association of Pennsylvania State College

and University Faculties ( APSCUF ), and that m authorized

by

APSCUF

to

verify

the

foregoing

document.

certify that

the

statements

made in the

foregoing document

are

true

and

correct to the best

of

my knowledge

information and belief. understand that false

statements

herein

are

made

subject to the penalties of 18 Pa.C.S. §4904 relating to

unsworn falsification

to

authorities.

s : : J ~ _ f

Julie

N R

~ ~ = : : : : . . : . . . . _

·

eese

Date: ~ - 1 6 - \ 5

12



CERTIFIC TE

O

SERVICE

I certify that I have this

day

served a true and correct copy

of

the

foregoing

document by

hand delivery to:

Office of the Chief Counsel

Pennsylvania State System of

Higher

Education

986 North

Second Street

Harrisburg PA 17110

Date:

8

B y ~

apscuf filing for injunction on background checks policy

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