PRINTER'S NO. 696
No. 654 Session of 2001
INTRODUCED BY HELFRICK, WOZNIAK, PICCOLA, COSTA, TILGHMAN,
KUKOVICH, M. WHITE, O'PAKE, EARLL, BODACK, MURPHY,
TARTAGLIONE, RHOADES, THOMPSON, BELL, DENT AND HOLL,
MARCH 19, 2001
REFERRED TO JUDICIARY, MARCH 19, 2001
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for endangering
3 welfare of children; and providing for certain civil
4 immunity.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 4304 of Title 18 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 4304. Endangering welfare of children.
10 (a) Offense defined.--[A] Except as provided in subsection
11 (c), a parent, guardian, or other person supervising the welfare
12 of a child under 18 years of age commits an offense if he
13 knowingly endangers the welfare of the child by violating a duty
14 of care, protection or support.
15 (b) Grading.--An offense under this section constitutes a
16 misdemeanor of the first degree. However, where there is a
17 course of conduct of endangering the welfare of a child, the
18 offense constitutes a felony of the third degree.
1 (c) Safe haven delivery.--A parent who delivers a newborn to
2 a safe haven shall not be prosecuted for violation of this
3 section.
4 (d) Duties of hospitals.--A hospital which offers emergency
5 services shall admit and provide all necessary medical care,
6 diagnostic tests and medical treatment to a newborn brought to
7 the hospital pursuant to subsection (c).
8 (e) Duties of safe havens.--
9 (1) Delivery of a newborn to a safe haven shall be
10 construed as immediate consent for the county agency of the
11 county in which the newborn is delivered under subsection (c)
12 to assume custody of the newborn for directing medical care
13 and treatment and the newborn shall be considered immediately
14 eligible for Medicaid for payment of medical services
15 provided.
16 (2) A safe haven shall provide or transport a newborn
17 delivered under subsection (c) to a facility where the
18 newborn can receive immediate medical care or treatment.
19 (3) A safe haven shall post signs to identify itself as
20 a safe haven at or near entrances used by the public. The
21 size, contents and placement of the signs shall be developed
22 by the Department of Public Welfare through interim
23 guidelines, which shall remain in effect for one year from
24 the effective date of this subsection. Thereafter, the
25 department shall promulgate regulations governing the size,
26 contents and placement of such signs.
27 (f) Immunity from civil liability.--
28 (1) A person who performs medical care, diagnostic
29 testing or medical treatment shall be immune from civil
30 liability for having performed the care described in this
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1 section.
2 (2) Nothing in this subsection shall be construed to
3 limit liability for gross negligence or willful, wanton or
4 reckless misconduct.
5 (g) Nonrelinquishing parent's rights.--The rights and duties
6 of parents and safe havens and the procedures used for actions
7 pursuant to this section shall be governed by 23 Pa.C.S. Ch. 25
8 (relating to proceedings prior to petition to adopt).
9 (h) Definitions.--As used in this section, the following
10 words and phrases shall have the meanings given to them in this
11 subsection:
12 "County agency." A county children and youth social service
13 agency established pursuant to section 405 of the act of June
14 24, 1937 (P.L.2017, No.396), known as the County Institution
15 District Law, and supervised by the Department of Public Welfare
16 under Article IX of the act of June 13, 1967 (P.L.31, No.21),
17 known as the Public Welfare Code.
18 "Hospital." As defined in section 802.1 of the act of July
19 19, 1979 (P.L.130, No.48), known as the Health Care Facilities
20 Act.
21 "Newborn." A child less than 30 days old.
22 "Safe haven." A hospital or a police department as defined
23 in 53 Pa.C.S. § 2162 (relating to definitions).
24 Section 2. This act shall take effect in 60 days.
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