PRINTER'S NO. 1096
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
917
Session of
2015
INTRODUCED BY BROWNE, BAKER, WILLIAMS, FONTANA, ALLOWAY,
TARTAGLIONE, BREWSTER, VULAKOVICH, RAFFERTY, COSTA, DINNIMAN,
MENSCH AND HUGHES, JUNE 24, 2015
REFERRED TO JUDICIARY, JUNE 24, 2015
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in juvenile matters,
providing for interagency information sharing.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 6352.2. Interagency information sharing.
(a) General rule.--The contents of county agency, drug and
alcohol, mental health and education records regarding a child
who is the subject of an open child protective services or
general protective services investigation, who is alleged to be
dependent, who has been accepted for service by a county agency,
who has been placed under supervision under an informal
adjustment or consent decree, who has been found to have
committed a delinquent act or who has been found to be dependent
or delinquent shall be provided, upon request, to the county
agency, court or juvenile probation department, under and except
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as prohibited by the following:
(1) This chapter.
(2) Section 5944 (relating to confidential
communications to psychiatrists or licensed psychologists).
(3) The act of November 29, 1990 (P.L.585, No.148) ,
known as the Confidentiality of HIV-Related Information Act.
(4) The act of July 9, 1976 (P.L.817, No.143) , known as
the Mental Health Procedures Act.
(5) The act of February 13, 1970 (P.L.19, No.10) ,
entitled "An act enabling certain minors to consent to
medical, dental and health services, declaring consent
unnecessary under certain circumstances."
(6) Federal law, including the Family Educational Rights
and Privacy Act of 1974 (Public Law 90-247, 20 U.S.C. §
1232g), the Health Insurance Portability and Accountability
Act of 1996 (Public Law 104-191, 110 Stat. 1936) and the
procedures, limitations and criteria set forth in regulations
adopted by the Department of Health and Human Services
relating to the confidentiality of drug and alcohol records.
(b) Sharing of information.--
(1) The county agency, court or juvenile probation
department shall, in accordance with the procedures
established under this section, use the information contained
in the records in furtherance of a disposition under this
chapter of the child who is the subject of the records.
Unless otherwise prohibited by this chapter or by the
statutes or regulations listed under subsection (a)(2), (3),
(4), (5) and (6), the information contained in the records
may, notwithstanding any other provision of law, be shared
among authorized representatives of the county agency, court
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and juvenile probation department in furtherance of a
disposition under this chapter of the child, or, if no child-
specific or other confidential information is disclosed, in
furtherance of efforts to identify and provide services to
children who are determined to be at risk of child abuse,
parental neglect or initial or additional delinquent
behavior.
(2) Unless otherwise prohibited under this chapter or by
the statutes or regulations listed under subsection (a)(2),
(3), (4), (5) and (6), the information under paragraph (1)
may also be shared with other agencies or entities if there
is a specific need to do so. The information shall be shared
for the limited purposes set forth under this section under
an interagency information-sharing agreement developed under
subsection (c) or upon order of court or the written consent
of the parent or guardian of the child who is the subject of
the records or any person otherwise having the authority to
consent to the sharing of the information.
(c) Interagency information-sharing agreements.--
(1) Subject to approval of the court and the
requirements of this chapter and the statutes and regulations
listed under subsection (a)(2), (3), (4), (5) and (6) , an
interagency information-sharing agreement may be developed in
each county among the county agency, juvenile probation
department, local law enforcement agencies, mental health
agencies, drug and alcohol agencies, local school districts,
and other agencies and entities as deemed appropriate, to
enhance the coordination of case management services to and
the supervision of children who have been accepted for
service by a county agency, who are being supervised under an
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informal adjustment or a consent decree, who have been found
to have committed a delinquent act or who have been found to
be dependent or delinquent, to enhance the coordination of
efforts to identify children who may be at risk of child
abuse, parental neglect or initial or additional delinquent
behavior and to provide services to these children and their
families. Any agreement under this subsection shall be signed
by the chief executive officers of the entities referred to
in this section as well as the public defender's office and
guardian ad litem in each county and shall be submitted to
the court for approval. In counties that do not have agencies
with primary responsibility for representing delinquent or
dependent children, the court shall designate attorneys at
law with experience in representing those children to satisfy
the requirements of this paragraph.
(2) All interagency information-sharing agreements
shall, at a minimum , do all of the following :
(i) Provide that information will be shared under
this chapter and the statutes or regulations listed under
subsection (a)(1), (2), (3), (4), (5) and (6) to enhance
the coordination of case management services to and the
supervision of children who have been found to be
dependent or delinquent, who are being supervised under
an informal adjustment or a consent decree, who have been
found to have committed a delinquent act or who have been
accepted for service by a county agency, and to enhance
the coordination of efforts to identify children who may
be at risk of child abuse, parental neglect or initial or
additional delinquent behavior and to provide services to
these children and their families.
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(ii) Whenever possible, the preferred method for
obtaining authorization to share confidential information
shall be upon the written, informed consent of the person
authorized under applicable law to consent to the release
of information after that person has been provided a full
understanding of the circumstances under which and with
whom the information will be shared.
(iii) Set forth the specific activities in which the
signatories and the signatories' representatives will
engage, either collectively or individually, in
furtherance of the purposes of the agreement.
(iv) Prohibit the release of information shared
under this agreement with other parties, except as
otherwise required or permitted by statute.
Section 2. This act shall take effect in 60 days.
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