HOUSE AMENDED
PRIOR PRINTER'S NO. 1096
PRINTER'S NO. 1922
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
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 14, 2016
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) SCOPE.--THIS SECTION SHALL APPLY TO COURT-APPROVED
INTERAGENCY INFORMATION-SHARING AGREEMENTS ENTERED INTO IN
ACCORDANCE WITH THIS SECTION. NOTHING IN THIS SECTION SHALL
PRECLUDE THE SHARING OF INFORMATION NOT OTHERWISE PROHIBITED BY
LAW.
(a) (B) General rule.--The contents of county agency,
JUVENILE PROBATION DEPARTMENT, 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
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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 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 TREATMENT
records.
(b) (C) Sharing of information.--
(1) The county agency, court or juvenile probation
department shall, in accordance with the procedures
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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), (B)
(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 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),
(B)(2), (3), (4), (5) and (6) OR ANY OTHER PROVISION OF LAW ,
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)
(D) 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 , INCLUDING THE CHILD, otherwise having
the authority to consent to the sharing of the information.
(c) (D) Interagency information-sharing agreements.--
(1) Subject to approval of the court and the
requirements of this chapter and the statutes and regulations
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listed under subsection (a)(2), (B)(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 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), (B)(1), (2), (3), (4), (5) and (6) to
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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.
(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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