PRIOR PRINTER'S NOS. 1993, 2887 PRINTER'S NO. 3473
No. 1665 Session of 1989
INTRODUCED BY PISTELLA, RITTER, SEMMEL, MORRIS, RYBAK,
VAN HORNE, MRKONIC, LEVDANSKY, KUKOVICH, GIGLIOTTI, STABACK,
CIVERA, BUNT, ROBINSON, GANNON, COHEN, VEON, BELARDI, MELIO,
MICHLOVIC, TRELLO, BATTISTO, ITKIN, KASUNIC, BELFANTI,
JOHNSON AND BISHOP, JUNE 7, 1989
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 21, 1990
AN ACT
1 Amending the act of June 29, 1953 (P.L.304, No.66), entitled "An
2 act providing for the administration of a statewide system of
3 vital statistics; prescribing the functions of the State
4 Department of Health, the State Advisory Health Board and
5 local registrars; imposing duties upon coroners,
6 prothonotaries, clerks of orphans' court, physicians,
7 midwives and other persons; requiring reports and
8 certificates for the registration of vital statistics;
9 regulating the disposition of dead bodies; limiting the
10 disclosure of records; prescribing the sufficiency of vital
11 statistics records as evidence; prescribing fees and
12 penalties; and revising and consolidating the laws relating
13 thereto," requiring PARENTS TO FURNISH Social Security <--
14 numbers of parents on birth certificates; and providing for <--
15 missing children registration.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Section 401 of the act of June 29, 1953 (P.L.304,
19 No.66), known as the Vital Statistics Law of 1953, is amended to
20 read:
21 Section 401. Birth Registration: General Provisions.--A
22 certificate of each birth occurring in this Commonwealth shall
1 be filed with the local registrar of the district in which the
2 birth occurs within a period prescribed by regulations of the
3 Advisory Health Board. The certificate shall be prepared, signed
4 and filed by the attending physician or licensed midwife, except
5 that when there is no attending physician or licensed midwife
6 the certificate shall be prepared, signed and filed (1) by the
7 father, or (2) in the event of his death, disability or absence,
8 by the mother, or (3) in the event of her death or disability,
9 by the householder of the premises or superintendent of the
10 institution in which the birth occurs, or (4) in the event of
11 the absence or disability of all persons heretofore named, then
12 by such person acquainted with the facts as the local registrar
13 shall designate. The Social Security number of each parent, if <--
14 ascertainable, shall be obtained and maintained separately by
15 the Department of Health in a fashion that permits routine,
16 screened inquiries. This information is considered confidential,
17 and is to be made available only to State and Federal agencies
18 responsible for establishing or enforcing child support orders.
19 THE SOCIAL SECURITY NUMBER OR NUMBERS OF EACH PARENT SHALL BE <--
20 OBTAINED AND MAINTAINED SEPARATELY BY THE DEPARTMENT IN A
21 FASHION THAT PERMITS ROUTINE SCREENED INQUIRIES, UNLESS THERE IS
22 GOOD CAUSE FOR NOT REQUIRING THE FURNISHING OF SUCH NUMBER OR
23 NUMBERS IN ACCORDANCE WITH FEDERAL REGULATIONS. THIS INFORMATION
24 IS CONSIDERED CONFIDENTIAL AND IS TO BE MADE AVAILABLE ONLY TO
25 FEDERAL AND STATE AGENCIES RESPONSIBLE FOR ESTABLISHING
26 PATERNITY OR ENFORCING CHILD SUPPORT ORDERS.
27 Section 2. Section 403 of the act, added July 3, 1957
28 (P.L.443, No.247), is amended to read:
29 Section 403. Birth Registration: Children Born in a Country
30 Other Than the United States.--The department shall, upon
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1 request, complete and register birth certificates for any child
2 born in a country other than the United States when either
3 parent is a citizen of the United States and a resident of the
4 Commonwealth of Pennsylvania. Such certificates shall show the
5 true country and date of birth, and that the certificate is not
6 evidence of the United States citizenship of the registrant. For
7 such registration the department shall require proof of parental
8 United States citizenship and of Pennsylvania residence. The
9 Social Security number OR NUMBERS of each parent, if <--
10 ascertainable, is ARE to be recorded and maintained as required <--
11 in section 401. Certified copies of such certificates shall be
12 issued upon application and payment of the prescribed fee.
13 Section 3. The act is amended by adding an article to read: <--
14 Article IV-A. Missing Children Registration
15 Section 401-A. Missing Children Registration: Definitions.--
16 As used in this act--
17 (1) "Bureau" means the Bureau of Vital Statistics of the
18 Department of Health.
19 (2) "Local registrar" means a local registrar for vital
20 statistics under section 302 of this act.
21 (3) "Missing child" means an individual under eighteen (18)
22 years of age who is reported to a law enforcement agency as
23 abducted, lost, missing or a runaway.
24 (4) "State Police" means the Pennsylvania State Police.
25 Section 402-A. Missing Children Registration: State
26 Police.--A person, a local police force or an agency of this
27 Commonwealth or a political subdivision may report to the State
28 Police that an individual under eighteen (18) years of age is
29 lost, abducted, missing or a runaway. The State Police shall
30 adopt a statement of policy setting forth the content of reports
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1 filed under this section. Within fifteen (15) days of receipt of
2 a report, the State Police shall collect available information
3 on the missing child and send copies of the information to the
4 bureau and to the last known school which the missing child
5 attended. Upon recovery of a child who was the subject of a
6 report, the investigating law enforcement agency shall notify
7 the State Police, the bureau and the last known school which the
8 missing child attended.
9 Section 403-A. Missing Children Registration: Notations on
10 Birth and School Records.--If the bureau receives notification
11 of a missing child, it shall make a notation on the birth
12 certificate record of the missing child so that, if that birth
13 certificate is requested, the bureau will be alerted to the fact
14 that the birth certificate is that of a missing child. The
15 bureau shall notify the appropriate local registrar to make a
16 similar notation, and the appropriate local registrar shall make
17 a similar notation. If the bureau is notified of the recovery of
18 a missing child, it shall remove the notation and instruct the
19 appropriate local registrar to remove the notation; and the
20 appropriate local registrar shall remove the notation. If a
21 school receives notification of a missing child, it shall make a
22 notation on the school record of the missing child so that, if
23 that school record is requested, the school will be alerted to
24 the fact that the school record is that of a missing child. If
25 the school is notified of the recovery of a missing child, it
26 shall remove the notation.
27 Section 404-A. Missing Children Registration.--Requests for
28 Information.--The bureau, local registrars and schools may not
29 honor a request for information from a record which has a
30 "Missing Child" notation without the written approval of the
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1 investigating law enforcement agency. The bureau, local
2 registrars and schools may not inform a person other than a
3 member of a law enforcement agency that a record has a "Missing
4 Child" notation. If the bureau, a local registrar or a school
5 receives a written request for information from a record which
6 has a "Missing Child" notation, the bureau, local registrar or
7 school shall immediately notify the investigating law
8 enforcement agency, shall provide the investigating law
9 enforcement agency with a copy of the request and shall follow
10 the instructions of the investigating law enforcement agency. If
11 the bureau, a local registrar or a school receives a personal
12 request for information from a record which has a "Missing
13 Child" notation, the bureau, local registrar or school shall ask
14 the requestor to wait, shall immediately notify the
15 investigating law enforcement agency and shall follow the
16 instructions of the investigating law enforcement agency. If the
17 bureau, a local registrar or a school receives a telephone
18 request for information from a record which has a "Missing
19 Child" notation, the bureau, local registrar or school shall
20 obtain the requestor's name, address, telephone number, Social
21 Security number and relationship to the missing child; shall
22 notify the requestor that the request will be processed; shall
23 immediately notify the investigating law enforcement agency; and
24 shall follow the instructions of the investigating law
25 enforcement agency.
26 SECTION 3. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ: <--
27 ARTICLE IV-A. MISSING CHILDREN REGISTRATION
28 SECTION 401-A. MISSING CHILDREN REGISTRATION: DEFINITIONS.--
29 AS USED IN THIS ACT--
30 (1) "DIVISION" MEANS THE DIVISION OF VITAL RECORDS OF THE
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1 DEPARTMENT OF HEALTH.
2 (2) "INVESTIGATING LAW ENFORCEMENT AGENCY" MEANS THE
3 PENNSYLVANIA STATE POLICE OR LOCAL POLICE FORCE RESPONSIBLE FOR
4 INVESTIGATING MISSING PERSONS OR CHILDREN REPORTS WITHIN THE
5 POLITICAL SUBDIVISION WHERE THE CHILD WAS REPORTED LOST,
6 ABDUCTED, MISSING OR RUNAWAY.
7 (3) "MISSING CHILD" MEANS AN INDIVIDUAL UNDER EIGHTEEN (18)
8 YEARS OF AGE WHO IS REPORTED TO A LAW ENFORCEMENT AGENCY AS
9 ABDUCTED, LOST, MISSING OR A RUNAWAY.
10 (4) "SCHOOL DISTRICT" MEANS THE LAST KNOWN SCHOOL WHICH THE
11 MISSING CHILD ATTENDED.
12 (5) "STATE POLICE" MEANS THE PENNSYLVANIA STATE POLICE.
13 SECTION 402-A. MISSING CHILDREN REGISTRATION: INVESTIGATING
14 LAW ENFORCEMENT AGENCY.--AN INVESTIGATING LAW ENFORCEMENT AGENCY
15 MAY REPORT TO THE STATE POLICE AND THE SCHOOL DISTRICT THAT AN
16 INDIVIDUAL UNDER EIGHTEEN (18) YEARS OF AGE IS LOST, ABDUCTED,
17 MISSING OR A RUNAWAY. THE STATE POLICE SHALL NOTIFY THE DIVISION
18 WITHIN FIFTEEN (15) DAYS OF RECEIPT OF A REPORT FOR THE PURPOSE
19 SPECIFIED IN SECTION 403-A OF THIS ACT. UPON RECOVERY OF A CHILD
20 WHO WAS THE SUBJECT OF A REPORT, THE INVESTIGATING LAW
21 ENFORCEMENT AGENCY SHALL NOTIFY THE SCHOOL DISTRICT AND THE
22 STATE POLICE WHO SHALL NOTIFY THE DIVISION.
23 SECTION 403-A. MISSING CHILDREN REGISTRATION: NOTATIONS ON
24 BIRTH AND SCHOOL RECORDS.--IF THE DIVISION RECEIVES NOTIFICATION
25 OF A MISSING CHILD, IT SHALL MAKE A NOTATION ON THE BIRTH
26 CERTIFICATE RECORD OF THE MISSING CHILD SO THAT, IF THAT BIRTH
27 CERTIFICATE IS REQUESTED, THE DIVISION WILL BE ALERTED TO THE
28 FACT THAT THE BIRTH CERTIFICATE IS THAT OF A MISSING CHILD. WHEN
29 THE DIVISION IS NOTIFIED OF THE RECOVERY OF A MISSING CHILD, IT
30 SHALL REMOVE THE NOTATION. WHEN A SCHOOL RECEIVES NOTIFICATION
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1 OF A MISSING CHILD, IT SHALL MAKE A NOTATION ON THE SCHOOL
2 RECORD OF THE MISSING CHILD SO THAT, IF THAT SCHOOL RECORD IS
3 REQUESTED, THE SCHOOL WILL BE ALERTED TO THE FACT THAT THE
4 SCHOOL RECORD IS THAT OF A MISSING CHILD. IF THE SCHOOL IS
5 NOTIFIED OF THE RECOVERY OF A MISSING CHILD, IT SHALL REMOVE THE
6 NOTATION.
7 SECTION 404-A. MISSING CHILDREN REGISTRATION: REQUESTS FOR
8 INFORMATION.--WHEN THE DIVISION OR A SCHOOL RECEIVES A REQUEST
9 FOR INFORMATION FROM A RECORD WHICH HAS A "MISSING CHILD"
10 NOTATION, NO INFORMATION CONTAINED IN THE RECORD SHALL BE
11 RELEASED TO THE REQUESTER PRIOR TO CONTACT WITH THE
12 INVESTIGATING LAW ENFORCEMENT AGENCY. THE DIVISION AND SCHOOLS
13 SHALL MAKE AN EFFORT TO OBTAIN INFORMATION TO IDENTIFY THE
14 PERSON WHOSE REQUEST IS VERBAL. THE DIVISION OR SCHOOL RECEIVING
15 THE REQUEST SHALL CONTACT THE INVESTIGATING LAW ENFORCEMENT
16 AGENCY TO COORDINATE THE RESPONSE.
17 Section 4. This act shall take effect in 60 90 days. <--
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