Three Greenleaf Bills approved by Senate Judiciary Committee

HARRISBURG—Senate Bill 1026 would amend the Child Protective Services Law to ensure that mandatory reporting of suspected child abuse covers more situations under the purview of the reporter.

Currently, the Child Protective Services Law requires a person to report the suspected abuse of "a child coming before them in their professional or official capacity."  The amendment repeals this language and extends the requirement to cover any "child under the care, supervision, guidance or training of the person or an agency, institution, organization or other entity with which the person is affiliated."  The new language, therefore, extends the mandatory reporting requirement to situations when a professional becomes aware of suspected child abuse, even if the professional does not have direct contact with the child.

The bill includes a limited exception for psychologists and psychiatrists in cases in which the suspected victim is over 17 years of age and does not consent to reporting by the therapist or in cases in which the danger of further abuse to the suspected victim or other potential victims is no longer a possibility.  Psychologists and psychiatrists are also exempt from reporting second or third-hand information.  If the suspected perpetrator is not a parent or member of the child's household, the therapist may inform the child's parent or guardian of the suspicions.  Also, an exception from mandatory reporting is provided for communications privileged because of an attorney-client relationship.

The legislation was based on one of the recommendations made by a report of the grand jury investigating clergy abuse of children in the Philadelphia area.  The grand jury cited the obligation to report child abuse to authorities, even when the child is not the source of the information and even if the child is no longer under the control of the suspected abuser.

In separate action, the Judiciary Committee moved forward Senate Bill 1205, which would require employers with more than 10 employees to remit garnished child support obligations electronically to the Department of Public Welfare's State Collection and Disbursement Unit.  Currently, 30 percent of child support collections are made electronically, and the department wants to increase the number to save on paperwork and administrative errors.  The Greenleaf proposal also would require insurers to make inquiries with the department before making any payment of $2,500 or more from a personal injury or workers compensation claim to determine whether the claimant owes overdue support.  The legislation sets forth the procedure whereby outstanding support payments would be made from such payouts.

The Judiciary Committee approved a third Greenleaf measure, Senate Bill 772.

This bill would repeal the expiration date of a program that provides for surcharges on certain legal filing fees.  The surcharges, which would be "sunsetted" in 2007 unless the legislation is enacted, are used to assist agencies that provide civil legal services to people who cannot afford legal representation.  The Access to Justice Act, which was passed in 2002 and initiated the surcharges and the fund, produced $7.4 million in 2004 for legal aid programs for low-income individuals.  Assistance is provided for such matters as divorce, child support, housing, consumer protection, and income maintenance.