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,
 

1psychologist, physical therapist, certified nurse practitioner, 
2registered nurse, nurse midwife, physician's assistant, 
3chiropractor, dentist, pharmacist or an individual accredited or 
4certified to provide behavioral health services.

5* * *

<-6"Safety assessment." A Commonwealth-approved systematic
7process that assesses a child's need for protection or services
8based on the threat to the safety of the child.

9* * *

10Section 2. Section 6386 of Title 23 is amended to read:

11§ 6386. [Mandatory reporting of infants born and identified as
12being affected by illegal substance abuse.

13Health care providers who are involved in the delivery or
14care of an infant who is born and identified as being affected
15by illegal substance abuse or as having withdrawal symptoms
16resulting from prenatal drug exposure shall immediately cause a
17report to be made to the appropriate county agency. The county
18agency shall provide or arrange for appropriate services for the
19infant.]

20Mandatory reporting of <-newborns children under one year of age.

21(a) When report to be made.--A health care provider shall
22immediately make a report or cause a report to be made to the
23appropriate county agency if the provider is involved in the
24delivery or care of a <-newborn child under one year of age who is
25born and identified as being affected by any of the following:

26(1) Illegal substance abuse by the <-newborn's child's
27mother.

28(2) Withdrawal symptoms resulting from prenatal drug
29exposure.

30(3) A Fetal Alcohol Spectrum Disorder.

1(b) Safety or risk assessment.--The county agency shall
2perform a safety assessment or risk assessment, or both, for the
<-3newborn child and determine whether child protective services or
4general protective services are warranted.

5(c) County agency duties.--Upon receipt of a report under
6this section, the county agency for the county where the <-newborn
<-7child resides shall:

<-8(1) Contact the parents of the newborn within 24 hours
9of receipt of the report.

10(2) Physically see the newborn within 48 hours of
11receipt of the report.

12(3) If needed, develop a safety plan with the parents of
13the newborn to ensure the immediate safety of the newborn and
14the receipt of appropriate medical services by the newborn.

15(4) Provide or arrange reasonable services to ensure the
16newborn is provided with proper parental care, control and
17supervision.

<-18(1) Immediately ensure the safety of the child and see
19the child immediately if emergency protective custody is
20required or has been or shall be taken or if it cannot be
21determined from the report whether emergency protective
22custody is needed.

23(2) Physically see the child within 48 hours of receipt
24of the report.

25(3) Contact the parents of the child within 24 hours of
26receipt of the report.

27(4) Provide or arrange reasonable services to ensure the
28child is provided with proper parental care, control and
29supervision.

30Section 3. This act shall take effect in 60 days.