AN ACT

 

1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in child probation services, further
3providing for definitions and for mandatory reporting of
4infants.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 6303(a) of Title 23 of the Pennsylvania
8Consolidated Statutes is amended by adding a definition to read:

9§ 6303. Definitions.

10(a) General rule.--The following words and phrases when used
11in this chapter shall have the meanings given to them in this
12section unless the context clearly indicates otherwise:

13* * *

14"Health care provider." A licensed hospital or health care 
15facility or person who is licensed, certified or otherwise 
16regulated to provide health care services under the laws of this 
17Commonwealth, including a physician, podiatrist, optometrist, 
18psychologist, physical therapist, certified nurse practitioner, 

1registered nurse, nurse midwife, physician's assistant, 
2chiropractor, dentist, pharmacist or an individual accredited or 
3certified to provide behavioral health services.

4* * *

5Section 2. Section 6386 of Title 23 is amended to read:

6§ 6386. [Mandatory reporting of infants born and identified as
7being affected by illegal substance abuse.

8Health care providers who are involved in the delivery or
9care of an infant who is born and identified as being affected
10by illegal substance abuse or as having withdrawal symptoms
11resulting from prenatal drug exposure shall immediately cause a
12report to be made to the appropriate county agency. The county
13agency shall provide or arrange for appropriate services for the
14infant.]

15Mandatory reporting of newborns.

16(a) When report to be made.--A health care provider shall
17immediately make a report or cause a report to be made to the
18appropriate county agency if the provider is involved in the
19delivery or care of a newborn who is born and identified as
20being affected by any of the following:

21(1) Illegal substance abuse by the newborn's mother.

22(2) Withdrawal symptoms resulting from prenatal drug
23exposure.

24(3) A Fetal Alcohol Spectrum Disorder.

25(b) Safety or risk assessment.--The county agency shall
26perform a safety assessment or risk assessment, or both, for the
27newborn and determine whether child protective services or
28general protective services are warranted.

29(c) County agency duties.--Upon receipt of a report under
30this section, the county agency for the county where the newborn

1resides shall:

2(1) Contact the parents of the newborn within 24 hours
3of receipt of the report.

4(2) Physically see the newborn within 48 hours of
5receipt of the report.

6(3) If needed, develop a safety plan with the parents of
7the newborn to ensure the immediate safety of the newborn and
8the receipt of appropriate medical services by the newborn.

9(4) Provide or arrange reasonable services to ensure the
10newborn is provided with proper parental care, control and
11supervision.

12Section 3. This act shall take effect in 60 days.