Bill Text: PA HB1086 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for immunity from liability; and providing for false reports of child abuse.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2009-03-24 - Referred to JUDICIARY [HB1086 Detail]

Download: Pennsylvania-2009-HB1086-Introduced.html

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PRINTER'S NO. 1268
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1086 Session of2009
INTRODUCED BY WATERS, YOUNGBLOOD, BELFANTI, DENLINGER AND STABACK, MARCH 24, 2009
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 24, 2009
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, further providing for immunity from
liability; and providing for false reports of child abuse.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6318 of Title 23 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 6318. Immunity from liability.
(a) General rule.--A person, hospital, institution, school,
facility, agency or agency employee that participates in good
faith in the making of a report, whether required or not,
cooperating with an investigation, including providing
information to a child fatality or near fatality review team,
testifying in a proceeding arising out of an instance of
suspected child abuse, the taking of photographs or the removal
or keeping of a child pursuant to section 6315 (relating to
taking child into protective custody), and any official or
employee of a county agency who refers a report of suspected
abuse to law enforcement authorities or provides services under
this chapter, shall have immunity from civil and criminal
liability that might otherwise result by reason of those actions
except as provided under section 6320 (relating to false reports
of child abuse).
(b) Presumption of good faith.--For the purpose of any civil
or criminal proceeding, the good faith of a person required to
report pursuant to section 6311 (relating to persons required to
report suspected child abuse) and of any person required to make
a referral to law enforcement officers under this chapter shall
be presumed and may be rebutted only by clear and convincing
evidence.
Section 2. Title 23 is amended by adding a section to read:
§ 6320. False reports of child abuse.
A person who knowingly or intentionally makes a report of
child abuse under this chapter that the person knows is false
commits a misdemeanor.
Section 3. This act shall take effect in 60 days.
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