HOUSE AMENDED
PRIOR PRINTER'S NOS. 696, 925, 1045, PRINTER'S NO. 2251
1272, 2229
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, HOLL AND KASUNIC,
MARCH 19, 2001
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 30, 2002
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 AMENDING TITLE 42 (JUDICIARY AND JUDICIAL PROCEDURE) OF THE <--
6 PENNSYLVANIA CONSOLIDATED STATUTES, PROVIDING FOR INFANT
7 PROTECTION.
8 AMENDING TITLES 18 (CRIMES AND OFFENSES) AND 23 (DOMESTIC <--
9 RELATIONS) OF THE PENNSYLVANIA CONSOLIDATED STATUTES,
10 PROVIDING FOR NEWBORN PROTECTION.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 4304 of Title 18 of the Pennsylvania <--
14 Consolidated Statutes is amended to read:
15 § 4304. Endangering welfare of children.
16 (a) Offense defined.--[A] Except as provided in subsection
17 (c), a parent, guardian, or other person supervising the welfare
18 of a child under 18 years of age commits an offense if he
19 knowingly endangers the welfare of the child by violating a duty
1 of care, protection or support.
2 (b) Grading.--An offense under this section constitutes a
3 misdemeanor of the first degree. However, where there is a
4 course of conduct of endangering the welfare of a child, the
5 offense constitutes a felony of the third degree.
6 (c) Safe haven delivery.--The act of leaving a newborn in an
7 appropriate location at or with staff, an employee, contractor
8 or agent of a safe haven, which act is performed in a manner
9 that does not endanger the welfare of the newborn, shall not be
10 a basis of prosecution under this section.
11 (d) General duty of safe haven.--A safe haven which offers
12 emergency services shall admit and provide all necessary medical
13 care, diagnostic tests and medical treatment to a newborn
14 brought to the safe haven pursuant to subsection (c).
15 (e) Specific duties of safe havens.--
16 (1) A safe haven shall immediately notify by telephone
17 the county children and youth agency in the county where the
18 newborn was received.
19 (2) Leaving a newborn at a safe haven shall be construed
20 as immediate consent for the county agency of the county in
21 which the newborn is delivered under subsection (c) to assume
22 custody of the newborn for directing medical care and
23 treatment and the newborn shall be considered immediately
24 eligible for Medicaid for payment of medical services
25 provided.
26 (3) A safe haven shall immediately provide or transport
27 a newborn left under subsection (c) to a facility where the
28 newborn can receive appropriate medical care or treatment.
29 (4) A safe haven shall post signs to identify itself as
30 a safe haven at or near entrances used by the public.
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1 (f) Immunity from civil liability.--
2 (1) A person who performs medical care, diagnostic
3 testing or medical treatment shall be immune from civil
4 liability for having performed the care described in this
5 section.
6 (2) Nothing in this subsection shall be construed to
7 limit liability for gross negligence or willful, wanton or
8 reckless misconduct.
9 (g) Procedure.--Care, custody and control of the newborn
10 shall be governed by 42 Pa.C.S. Ch. 63 (relating to juvenile
11 matters).
12 (h) Definitions.--As used in this section, the following
13 words and phrases shall have the meanings given to them in this
14 subsection:
15 "County agency." A county children and youth social service
16 agency established pursuant to section 405 of the act of June
17 24, 1937 (P.L.2017, No.396), known as the County Institution
18 District Law, and supervised by the Department of Public Welfare
19 under Article IX of the act of June 13, 1967 (P.L.31, No.21),
20 known as the Public Welfare Code.
21 "Newborn." A child less than 30 days old.
22 "Safe haven." A hospital as defined in section 802.1 of the
23 act of July 19, 1979 (P.L.130, No.48), known as the Health Care
24 Facilities Act.
25 Section 2. This act shall take effect in 60 days.
26 SECTION 1. TITLE 42 OF THE PENNSYLVANIA CONSOLIDATED <--
27 STATUTES IS AMENDED BY ADDING A CHAPTER TO READ:
28 CHAPTER 64
29 INFANT PROTECTION
30 SEC.
20010S0654B2251 - 3 -
1 6401. SHORT TITLE OF CHAPTER.
2 6402. LEGISLATIVE FINDINGS AND INTENT.
3 6403. DEFINITIONS.
4 6404. PROHIBITION AGAINST CERTAIN PROSECUTIONS.
5 6405. ACCEPTING POSSESSION OF INFANTS.
6 6406. REPORTING POSSESSION OF INFANTS.
7 6407. FAILURE TO REPORT POSSESSION OF INFANTS.
8 6408. IMMUNITY GRANTED TO HEALTH CARE PROVIDERS AND
9 HOSPITALS.
10 6409. DUTIES OF COUNTY AGENCY AND POLICE DEPARTMENT.
11 6410. BRACELET; EFFECT.
12 6411. AVAILABILITY OF INFORMATION.
13 6412. DUTY OF HOSPITAL.
14 6413. DUTIES OF DEPARTMENT.
15 § 6401. SHORT TITLE OF CHAPTER.
16 THIS CHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE INFANT
17 PROTECTION ACT.
18 § 6402. LEGISLATIVE FINDINGS AND INTENT.
19 (A) FINDINGS.--THE GENERAL ASSEMBLY FINDS IT TO BE IN THE
20 PUBLIC INTEREST TO PROVIDE A SAFE WAY FOR A PERSON HAVING LAWFUL
21 CUSTODY OF AN INFANT TO TRANSFER POSSESSION OF THAT INFANT TO A
22 HEALTH CARE PROVIDER AT A HOSPITAL IN ORDER TO REDUCE THE NUMBER
23 OF ABANDONMENT CASES WITH TRAGIC CONSEQUENCES.
24 (B) INTENT.--IT IS THE INTENT OF THE GENERAL ASSEMBLY TO
25 PROVIDE A PROCEDURE FOR THE VOLUNTARY TRANSFER OF POSSESSION OF
26 AN INFANT TO A HEALTH CARE PROVIDER AT A HOSPITAL BY A PERSON
27 HAVING LAWFUL CUSTODY OF AN INFANT.
28 § 6403. DEFINITIONS.
29 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
30 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
20010S0654B2251 - 4 -
1 CONTEXT CLEARLY INDICATES OTHERWISE:
2 "CHILD ABUSE." CHILD ABUSE AS DEFINED IN 23 PA.C.S. §
3 6303(B) (RELATING TO DEFINITIONS).
4 "COUNTY AGENCY" OR "AGENCY." COUNTY AGENCY AS DEFINED IN 23
5 PA.C.S. § 6303(A) (RELATING TO DEFINITIONS).
6 "DEPARTMENT." THE DEPARTMENT OF PUBLIC WELFARE OF THE
7 COMMONWEALTH.
8 "HEALTH CARE PROVIDER." A PERSON WHO IS LICENSED OR
9 CERTIFIED BY THE LAWS OF THIS COMMONWEALTH TO ADMINISTER HEALTH
10 CARE IN THE ORDINARY COURSE OF BUSINESS OR PRACTICE OF A
11 PROFESSION. FOR PURPOSES OF TAKING IMMEDIATE POSSESSION OF AN
12 INFANT AS PROVIDED IN SECTION 6405(A)(1) (RELATING TO ACCEPTING
13 POSSESSION OF INFANTS) AND FOR IMMUNITY PROVIDED PURSUANT TO
14 SECTION 6408 (RELATING TO IMMUNITY GRANTED TO HEALTH CARE
15 PROVIDERS AND HOSPITALS) THE TERM INCLUDES ADMINISTRATIVE,
16 MANAGERIAL AND SECURITY PERSONNEL EMPLOYED BY A HOSPITAL.
17 "HOSPITAL." AS DEFINED IN SECTION 3 OF THE ACT OF JULY 3,
18 1985 (P.L.164, NO.45), KNOWN AS THE EMERGENCY MEDICAL SERVICES
19 ACT.
20 "IDENTIFICATION BRACELET." A NUMBERED BRACELET THAT LINKS
21 THE PERSON TRANSFERRING POSSESSION OF AN INFANT TO A HOSPITAL TO
22 THE INFANT BEING TRANSFERRED.
23 "INFANT." A CHILD LESS THAN 28 DAYS OF AGE.
24 § 6404. PROHIBITION AGAINST CERTAIN PROSECUTIONS.
25 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), A
26 PERSON HAVING LAWFUL CUSTODY OF AN INFANT SHALL NOT BE
27 PROSECUTED FOR A VIOLATION OF 18 PA.C.S. § 2705 (RELATING TO
28 RECKLESSLY ENDANGERING ANOTHER PERSON) OR 4304 (RELATING TO
29 ENDANGERING WELFARE OF CHILDREN) OR ANY OTHER PROVISION UNDER 18
30 PA.C.S. (RELATING TO CRIMES AND OFFENSES) SOLELY FOR LEAVING AN
20010S0654B2251 - 5 -
1 INFANT IN THE CARE OF A HOSPITAL WITHOUT REGARD FOR THE INFANT'S
2 FUTURE CARE IF ALL OF THE FOLLOWING CRITERIA ARE MET:
3 (1) THE PERSON EXPRESSES AN INTENT TO TRANSFER
4 POSSESSION OF THE INFANT. THIS INTENT MAY BE EXPRESSED ORALLY
5 OR THROUGH CONDUCT.
6 (2) THE PERSON TRANSFERS POSSESSION OF THE INFANT TO A
7 HEALTH CARE PROVIDER AT A HOSPITAL.
8 (3) THERE IS NO EVIDENCE THAT THE CHILD IS A VICTIM OF
9 CHILD ABUSE.
10 (B) EXCEPTION.--SUBSECTION (A) DOES NOT APPLY TO AN OFFENSE
11 UNDER ANY OF THE FOLLOWING:
12 (1) 18 PA.C.S. CH. 25 (RELATING TO CRIMINAL HOMICIDE).
13 (2) 18 PA.C.S. CH. 29 (RELATING TO KIDNAPPING).
14 § 6405. ACCEPTING POSSESSION OF INFANTS.
15 (A) GENERAL RULE.--A HEALTH CARE PROVIDER AT A HOSPITAL
16 SHALL DO ALL OF THE FOLLOWING RELATING TO AN INFANT TRANSFERRED
17 UNDER THIS CHAPTER:
18 (1) TAKE IMMEDIATE POSSESSION OF THE INFANT, AND TAKE
19 THE INFANT INTO PROTECTIVE CUSTODY.
20 (2) PERFORM A MEDICAL EVALUATION AS WELL AS PERFORM ANY
21 ACT NECESSARY TO CARE FOR AND PROTECT THE PHYSICAL HEALTH AND
22 SAFETY OF THE INFANT.
23 (3) PROVIDE THE PERSON TRANSFERRING POSSESSION OF THE
24 INFANT AN INFORMATIONAL PAMPHLET REGARDING THE PROVISIONS OF
25 THIS CHAPTER.
26 (4) PROVIDE THE PERSON TRANSFERRING POSSESSION OF THE
27 INFANT WITH AN IDENTIFICATION BRACELET.
28 (5) NOTIFY THE COUNTY AGENCY AND POLICE DEPARTMENT AS
29 PROVIDED IN SECTION 6406 (RELATING TO REPORTING POSSESSION OF
30 INFANTS).
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1 (B) ACCEPTING POSSESSION.--WHEN ACCEPTING POSSESSION OF AN
2 INFANT, A HEALTH CARE PROVIDER AT A HOSPITAL MAY ASK THE PERSON
3 TRANSFERRING POSSESSION OF THE INFANT ABOUT THE INFANT'S MEDICAL
4 HISTORY. HOWEVER, THE PERSON TRANSFERRING POSSESSION OF THE
5 INFANT IS NOT REQUIRED TO PROVIDE ANY INFORMATION, INCLUDING THE
6 NAME OF THE PERSON TRANSFERRING POSSESSION OF THE INFANT. A
7 PERSON TRANSFERRING POSSESSION OF AN INFANT SHALL BE NOTIFIED OF
8 THE PERSON'S RIGHT NOT TO DISCLOSE ANY INFORMATION REGARDING THE
9 INFANT.
10 § 6406. REPORTING POSSESSION OF INFANTS.
11 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), A
12 HEALTH CARE PROVIDER AT A HOSPITAL SHALL MAKE A REPORT WITHIN 24
13 HOURS TO THE COUNTY AGENCY AND THE POLICE DEPARTMENT REGARDING
14 AN INFANT TRANSFERRED UNDER SECTION 6405 (RELATING TO ACCEPTING
15 POSSESSION OF INFANTS).
16 (B) IMMEDIATE NOTIFICATION.--IF IT IS DETERMINED THAT AN
17 INFANT IS A VICTIM OF CHILD ABUSE, THE COUNTY AGENCY AND THE
18 POLICE DEPARTMENT SHALL BE NOTIFIED IMMEDIATELY.
19 § 6407. FAILURE TO REPORT POSSESSION OF INFANTS.
20 A HEALTH CARE PROVIDER AT A HOSPITAL WHO INTENTIONALLY OR
21 KNOWINGLY FAILS TO REPORT THE TRANSFER OF POSSESSION OF AN
22 INFANT AS REQUIRED BY THIS CHAPTER COMMITS A SUMMARY OFFENSE. A
23 SECOND OR SUBSEQUENT FAILURE TO REPORT A TRANSFER OF POSSESSION
24 IS A MISDEMEANOR OF THE THIRD DEGREE.
25 § 6408. IMMUNITY GRANTED TO HEALTH CARE PROVIDERS AND
26 HOSPITALS.
27 EXCEPT FOR A VIOLATION OF SECTION 6407 (RELATING TO FAILURE
28 TO REPORT POSSESSION OF INFANTS), NO HOSPITAL OR HEALTH CARE
29 PROVIDER AT A HOSPITAL SHALL BE SUBJECT TO CIVIL LIABILITY OR
30 CRIMINAL PENALTY SOLELY BY REASON OF COMPLYING WITH THE
20010S0654B2251 - 7 -
1 PROVISIONS OF THIS CHAPTER.
2 § 6409. DUTIES OF COUNTY AGENCY AND POLICE DEPARTMENT.
3 (A) POLICE DEPARTMENT.--THE POLICE DEPARTMENT SHALL
4 INVESTIGATE THE CIRCUMSTANCES SURROUNDING THE BIRTH AND TRANSFER
5 OF POSSESSION OF AN INFANT IF IT IS DETERMINED THAT THE INFANT
6 IS A VICTIM OF CHILD ABUSE.
7 (B) COUNTY AGENCY.--NO INFANT MAY BE HELD IN PROTECTIVE
8 CUSTODY FOR MORE THAN 24 HOURS UNLESS THE APPROPRIATE COUNTY
9 AGENCY IS IMMEDIATELY NOTIFIED THAT THE INFANT HAS BEEN TAKEN
10 INTO CUSTODY AND THE COUNTY AGENCY OBTAINS AN ORDER FROM A COURT
11 OF COMPETENT JURISDICTION PERMITTING THE CHILD TO BE HELD IN
12 CUSTODY FOR A LONGER PERIOD.
13 (C) NOTICE OF CUSTODY.--THE COUNTY AGENCY SHALL WITHIN 24
14 HOURS MAKE DILIGENT EFFORTS TO NOTIFY A PARENT, GUARDIAN,
15 CUSTODIAN OR OTHER FAMILY MEMBER OF THE INFANT OF THE
16 WHEREABOUTS OF THE INFANT UNLESS PROHIBITED BY COURT ORDER, AND
17 THE REASONS FOR THE NEED TO TAKE THE INFANT INTO PROTECTIVE
18 CUSTODY.
19 (D) INFORMAL HEARING.--IN NO CASE SHALL PROTECTIVE CUSTODY
20 UNDER THIS CHAPTER BE MAINTAINED LONGER THAN 72 HOURS WITHOUT AN
21 INFORMAL HEARING UNDER SECTION 6332 (RELATING TO INFORMAL
22 HEARING). IF, AT THE HEARING, IT IS DETERMINED THAT PROTECTIVE
23 CUSTODY SHALL BE CONTINUED AND THE INFANT IS ALLEGED TO BE
24 WITHOUT PROPER PARENTAL CARE OR CONTROL OR IS ALLEGED TO BE A
25 DEPENDENT CHILD UNDER SECTION 6302(A) (RELATING TO DEFINITIONS),
26 THE COUNTY AGENCY SHALL WITHIN 48 HOURS FILE A PETITION WITH THE
27 COURT UNDER CHAPTER 63 (RELATING TO JUVENILE MATTERS) ALLEGING
28 THAT THE CHILD IS A DEPENDENT CHILD.
29 § 6410. BRACELET; EFFECT.
30 POSSESSION OF AN IDENTIFICATION BRACELET CREATES A REBUTTABLE
20010S0654B2251 - 8 -
1 PRESUMPTION THAT THE PERSON POSSESSING THE BRACELET HAS STANDING
2 TO PARTICIPATE IN PROCEEDINGS PURSUANT TO CHAPTER 63 (RELATING
3 TO JUVENILE MATTERS) TO DETERMINE WHETHER THE INFANT IS A
4 DEPENDENT CHILD AS DEFINED BY SECTION 6302(A) (RELATING TO
5 DEFINITIONS). POSSESSION OF THE BRACELET DOES NOT CREATE A
6 PRESUMPTION OF MATERNITY, PATERNITY OR CUSTODY AND DOES NOT
7 PERMIT THE PERSON POSSESSING THE BRACELET TO TAKE CUSTODY OF THE
8 INFANT ON DEMAND. IF A PERSON TRANSFERRING POSSESSION OF THE
9 INFANT DESIRES TO BE REUNITED WITH THE INFANT, THE PERSON MUST
10 PROVIDE THE IDENTIFICATION BRACELET TO THE COURT AND PARTICIPATE
11 IN PROCEEDINGS HELD PURSUANT TO CHAPTER 63.
12 § 6411. AVAILABILITY OF INFORMATION.
13 INFORMATION REGARDING THE GENERAL HEALTH OF THE INFANT MAY BE
14 GIVEN TO THE PUBLIC. INFORMATION RELATING TO THE LOCATION OF THE
15 INFANT, THE NAME OF THE PERSON TRANSFERRING POSSESSION OF THE
16 INFANT TO A HEALTH CARE PROVIDER AT A HOSPITAL OR THE NAME OF
17 THE PERSON TO WHOM THE INFANT HAS BEEN AWARDED PURSUANT TO COURT
18 ORDER MAY NOT BE RELEASED.
19 § 6412. DUTY OF HOSPITAL.
20 A HOSPITAL SHALL INSURE THAT ITS OFFICERS, HEALTH CARE
21 PROVIDERS AND EMPLOYEES ARE FAMILIAR WITH THE PROVISIONS OF THIS
22 CHAPTER AND SHALL INSURE THAT THE APPROPRIATE OFFICERS, HEALTH
23 CARE PROVIDERS, AND EMPLOYEES, AS THE CASE MAY BE, RECEIVE
24 INFORMATION PROVIDED BY THE DEPARTMENT'S TRAINING CURRICULUM, AS
25 ESTABLISHED UNDER SECTION 6413 (RELATING TO DUTIES OF
26 DEPARTMENT). INFORMATION CONCERNING THIS CHAPTER AND REGULATIONS
27 ADOPTED BY THE DEPARTMENT SHALL BE MADE PART OF THE TRAINING AT
28 EACH HOSPITAL. EACH HOSPITAL SHALL ADOPT A WRITTEN POLICY IN
29 ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER.
30 § 6413. DUTIES OF DEPARTMENT.
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1 THE DEPARTMENT SHALL PROVIDE AND MAKE AVAILABLE A TRAINING
2 CURRICULUM FOR USE BY HOSPITALS AND HEALTH CARE PROVIDERS AT
3 HOSPITALS REGARDING THIS CHAPTER. THE DEPARTMENT SHALL ALSO
4 PROMULGATE REGULATIONS TO IMPLEMENT THIS CHAPTER AS WELL AS
5 PUBLICIZE THE PROVISIONS OF THIS CHAPTER IN A MANNER THAT IS
6 ACCESSIBLE TO THE GENERAL PUBLIC. THE DEPARTMENT SHALL ALSO
7 PROVIDE HEALTH CARE PROVIDERS AND HOSPITALS WITH AN
8 INFORMATIONAL PAMPHLET REGARDING THIS CHAPTER WHICH MAY BE
9 DISTRIBUTED TO THE PUBLIC. ADDITIONALLY, THE DEPARTMENT SHALL
10 REPORT TO THE GENERAL ASSEMBLY ON WHETHER A DEDICATED TOLL-FREE
11 TELEPHONE LINE FOR ANSWERING QUESTIONS REGARDING THIS CHAPTER
12 WOULD BE USEFUL, FEASIBLE AND COST EFFECTIVE. REPORTS SHALL BE
13 MADE TO THE GENERAL ASSEMBLY ANNUALLY ON THE NUMBER AND
14 DISPOSITION OF CHILDREN TRANSFERRED IN ACCORDANCE WITH THIS
15 CHAPTER.
16 SECTION 2. THIS ACT SHALL TAKE EFFECT IN 180 DAYS.
17 SECTION 1. TITLE 18 OF THE PENNSYLVANIA CONSOLIDATED <--
18 STATUTES IS AMENDED BY ADDING A SECTION TO READ:
19 § 4306. NEWBORN PROTECTION.
20 (A) GENERAL RULE.--A PARENT OF A NEWBORN SHALL NOT BE
21 CRIMINALLY LIABLE FOR ANY VIOLATION OF THIS TITLE SOLELY FOR
22 LEAVING A NEWBORN IN THE CARE OF A HOSPITAL PURSUANT TO 23
23 PA.C.S. CH. 65 (RELATING TO NEWBORN PROTECTION) PROVIDING THERE <--
24 IS NO EVIDENCE THAT THE NEWBORN IS A VICTIM OF CHILD ABUSE OR
25 THAT THE FOLLOWING CRITERIA ARE MET: <--
26 (1) THE PARENT EXPRESSES, EITHER ORALLY OR THROUGH
27 CONDUCT, THE INTENT TO HAVE THE HOSPITAL ACCEPT THE NEWBORN
28 PURSUANT TO 23 PA.C.S. CH. 65.
29 (2) THE NEWBORN IS NOT A VICTIM OF CHILD ABUSE OR
30 CRIMINAL CONDUCT.
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1 (B) DEFINITION.--AS USED IN THIS SECTION THE TERM "NEWBORN"
2 SHALL HAVE THE MEANING GIVEN TO IT IN 23 PA.C.S. § 6502
3 (RELATING TO DEFINITIONS) AND "CHILD ABUSE" SHALL BE AS DEFINED
4 IN 23 PA.C.S. § 6303 (RELATING TO DEFINITIONS).
5 SECTION 2. SECTION 6303(A) OF TITLE 23 IS AMENDED BY ADDING
6 DEFINITIONS TO READ:
7 § 6303. DEFINITIONS.
8 (A) GENERAL RULE.--THE FOLLOWING WORDS AND PHRASES WHEN USED
9 IN THIS CHAPTER SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
10 SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
11 * * *
12 "CHILD." INCLUDES A NEWBORN.
13 * * *
14 "NEWBORN." AS DEFINED IN SECTION 6502 (RELATING TO
15 DEFINITIONS).
16 * * *
17 SECTION 3. SECTION 6315(A) AND (C) OF TITLE 23 ARE AMENDED
18 TO READ:
19 § 6315. TAKING CHILD INTO PROTECTIVE CUSTODY.
20 (A) GENERAL RULE.--A CHILD MAY BE TAKEN INTO PROTECTIVE
21 CUSTODY:
22 (1) AS PROVIDED BY 42 PA.C.S. § 6324 (RELATING TO TAKING
23 INTO CUSTODY).
24 (2) BY A PHYSICIAN EXAMINING OR TREATING THE CHILD OR BY
25 THE DIRECTOR, OR A PERSON SPECIFICALLY DESIGNATED IN WRITING
26 BY THE DIRECTOR, OF ANY HOSPITAL OR OTHER MEDICAL INSTITUTION
27 WHERE THE CHILD IS BEING TREATED IF PROTECTIVE CUSTODY IS
28 IMMEDIATELY NECESSARY TO PROTECT THE CHILD UNDER THIS
29 CHAPTER.
30 (3) BY A PHYSICIAN OR THE DIRECTOR, OR A PERSON
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1 SPECIFICALLY DESIGNATED BY THE DIRECTOR, OF A HOSPITAL
2 PURSUANT TO CHAPTER 65 (RELATING TO NEWBORN PROTECTION) IF
3 THE CHILD IS A NEWBORN.
4 * * *
5 (C) NOTICE OF CUSTODY.--[AN]
6 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), AN INDIVIDUAL
7 TAKING A CHILD INTO PROTECTIVE CUSTODY UNDER THIS CHAPTER
8 SHALL IMMEDIATELY, AND WITHIN 24 HOURS IN WRITING, NOTIFY THE
9 PARENT, GUARDIAN OR OTHER CUSTODIAN OF THE CHILD OF THE
10 WHEREABOUTS OF THE CHILD, UNLESS PROHIBITED BY COURT ORDER,
11 AND THE REASONS FOR THE NEED TO TAKE THE CHILD INTO
12 PROTECTIVE CUSTODY AND SHALL IMMEDIATELY NOTIFY THE
13 APPROPRIATE COUNTY AGENCY IN ORDER THAT PROCEEDINGS UNDER 42
14 PA.C.S. CH. 63 (RELATING TO JUVENILE MATTERS) MAY BE
15 INITIATED, IF APPROPRIATE.
16 (2) IN THE CASE OF A NEWBORN TAKEN INTO PROTECTIVE
17 CUSTODY PURSUANT TO SUBSECTION (A)(3), THE COUNTY AGENCY
18 SHALL WITHIN 24 HOURS MAKE DILIGENT EFFORTS TO NOTIFY A
19 PARENT, GUARDIAN, CUSTODIAN OR OTHER FAMILY MEMBER OF THE
20 WHEREABOUTS OF THE NEWBORN, UNLESS PROHIBITED BY COURT ORDER,
21 AND THE REASONS FOR THE NEED TO TAKE THE NEWBORN INTO
22 PROTECTIVE CUSTODY.
23 * * *
24 SECTION 4. SECTION 6316(B) OF TITLE 23 IS AMENDED AND THE
25 SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
26 § 6316. ADMISSION TO PRIVATE AND PUBLIC HOSPITALS.
27 * * *
28 (A.1) NEWBORNS.--A NEWBORN TAKEN INTO PROTECTIVE CUSTODY
29 PURSUANT TO SECTION 6315(A)(3) (RELATING TO TAKING CHILD INTO
30 PROTECTIVE CUSTODY) SHALL BE ADMITTED TO, TREATED AND MAINTAINED
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1 IN FACILITIES OF PUBLIC AND PRIVATE HOSPITALS ON THE BASIS OF
2 MEDICAL NEED AND SHALL NOT BE REFUSED OR DEPRIVED IN ANY WAY OF
3 PROPER MEDICAL TREATMENT AND CARE. ONCE A NEWBORN IS TAKEN INTO
4 PROTECTIVE CUSTODY PURSUANT TO SECTION 6315(A)(3), THE NEWBORN
5 SHALL BE CONSIDERED IMMEDIATELY ELIGIBLE FOR MEDICAID FOR
6 PAYMENT OF MEDICAL SERVICES PROVIDED. UNTIL OTHERWISE PROVIDED
7 BY COURT ORDER, THE COUNTY AGENCY SHALL ASSUME THE
8 RESPONSIBILITY FOR MAKING DECISIONS REGARDING THE NEWBORN'S
9 MEDICAL CARE.
10 (B) FAILURE OF HOSPITAL TO ADMIT CHILD OR NEWBORN.--THE
11 FAILURE OF A HOSPITAL TO ADMIT AND PROPERLY TREAT AND CARE FOR A
12 CHILD PURSUANT TO SUBSECTION (A) OR (A.1) SHALL BE CAUSE FOR THE
13 DEPARTMENT TO ORDER IMMEDIATE ADMITTANCE, TREATMENT AND CARE BY
14 THE HOSPITAL WHICH SHALL BE ENFORCEABLE, IF NECESSARY, BY THE
15 PROMPT INSTITUTION OF A CIVIL ACTION BY THE DEPARTMENT. THE
16 CHILD, THROUGH AN ATTORNEY, SHALL ALSO HAVE THE ADDITIONAL AND
17 INDEPENDENT RIGHT TO SEEK IMMEDIATE INJUNCTIVE RELIEF AND
18 INSTITUTE AN APPROPRIATE CIVIL ACTION FOR DAMAGES AGAINST THE
19 HOSPITAL.
20 SECTION 5. SECTIONS 6365(A) AND 6383(A) OF TITLE 23 ARE
21 AMENDED TO READ:
22 § 6365. SERVICES FOR PREVENTION, INVESTIGATION AND TREATMENT OF
23 CHILD ABUSE.
24 (A) INSTRUCTION AND EDUCATION.--EACH COUNTY AGENCY SHALL
25 MAKE AVAILABLE AMONG ITS SERVICES FOR THE PREVENTION AND
26 TREATMENT OF CHILD ABUSE INSTRUCTION AND EDUCATION FOR
27 PARENTHOOD AND PARENTING SKILLS, PROTECTIVE AND PREVENTIVE
28 SOCIAL COUNSELING, OUTREACH AND COUNSELING SERVICES TO PREVENT
29 INFANT ABANDONMENT, EMERGENCY CARETAKER SERVICES, EMERGENCY
30 SHELTER CARE, EMERGENCY MEDICAL SERVICES AND THE ESTABLISHMENT
20010S0654B2251 - 13 -
1 OF SELF-HELP GROUPS ORGANIZED FOR THE PREVENTION AND TREATMENT
2 OF CHILD ABUSE, PART-DAY SERVICES, OUT-OF-HOME PLACEMENT
3 SERVICES, THERAPEUTIC ACTIVITIES FOR CHILD AND FAMILY DIRECTED
4 AT ALLEVIATING CONDITIONS THAT PRESENT A RISK TO THE SAFETY AND
5 WELL-BEING OF A CHILD AND ANY OTHER SERVICES REQUIRED BY
6 DEPARTMENT REGULATIONS.
7 * * *
8 § 6383. EDUCATION AND TRAINING.
9 (A) DUTIES OF DEPARTMENT AND COUNTY AGENCIES.--THE
10 DEPARTMENT AND EACH COUNTY AGENCY, BOTH JOINTLY AND
11 INDIVIDUALLY, SHALL CONDUCT A CONTINUING PUBLICITY AND EDUCATION
12 PROGRAM FOR THE CITIZENS OF THIS COMMONWEALTH AIMED AT THE
13 PREVENTION OF CHILD ABUSE AND CHILD NEGLECT, INCLUDING THE
14 PREVENTION OF INFANT ABANDONMENT, THE IDENTIFICATION OF ABUSED
15 AND NEGLECTED CHILDREN AND THE PROVISION OF NECESSARY
16 AMELIORATIVE SERVICES TO ABUSED AND NEGLECTED CHILDREN AND THEIR
17 FAMILIES. THE DEPARTMENT AND EACH COUNTY AGENCY SHALL CONDUCT AN
18 ONGOING TRAINING AND EDUCATION PROGRAM FOR LOCAL STAFF, PERSONS
19 REQUIRED TO MAKE REPORTS AND OTHER APPROPRIATE PERSONS IN ORDER
20 TO FAMILIARIZE THOSE PERSONS WITH THE REPORTING AND
21 INVESTIGATIVE PROCEDURES FOR CASES OF SUSPECTED CHILD ABUSE AND
22 THE REHABILITATIVE SERVICES THAT ARE AVAILABLE TO CHILDREN AND
23 FAMILIES. IN ADDITION, THE DEPARTMENT SHALL, BY REGULATION,
24 ESTABLISH A PROGRAM OF TRAINING AND CERTIFICATION FOR PERSONS
25 CLASSIFIED AS PROTECTIVE SERVICES WORKERS. THE REGULATIONS SHALL
26 PROVIDE FOR THE GRANDFATHERING OF ALL CURRENT PERMANENT
27 PROTECTIVE SERVICES WORKERS AS CERTIFIED PROTECTIVE SERVICES
28 WORKERS. UPON REQUEST BY THE COUNTY AGENCY AND APPROVAL OF THE
29 DEPARTMENT, THE AGENCY MAY CONDUCT THE TRAINING OF THE COUNTY'S
30 PROTECTIVE SERVICES WORKERS.
20010S0654B2251 - 14 -
1 * * *
2 SECTION 6. TITLE 23 IS AMENDED BY ADDING A CHAPTER TO READ:
3 CHAPTER 65
4 NEWBORN PROTECTION
5 SEC.
6 6501. SHORT TITLE OF CHAPTER.
7 6502. DEFINITIONS.
8 6503. NONLIABILITY.
9 6504. ACCEPTING NEWBORNS.
10 6505. REPORTING ACCEPTANCE OF NEWBORNS.
11 6506. FAILURE TO REPORT ACCEPTANCE OF NEWBORNS.
12 6507. IMMUNITY GRANTED TO HEALTH CARE PROVIDERS AND
13 HOSPITALS.
14 6508. DUTY OF HOSPITAL.
15 6509. DUTIES OF DEPARTMENT.
16 § 6501. SHORT TITLE OF CHAPTER.
17 THIS CHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE NEWBORN
18 PROTECTION ACT.
19 § 6502. DEFINITIONS.
20 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
21 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
22 CONTEXT CLEARLY INDICATES OTHERWISE:
23 "CHILD ABUSE." CHILD ABUSE AS DEFINED IN SECTION 6303(B)
24 (RELATING TO DEFINITIONS).
25 "COUNTY AGENCY" OR "AGENCY." COUNTY AGENCY AS DEFINED IN
26 SECTION 6303(A) (RELATING TO DEFINITIONS).
27 "DEPARTMENT." THE DEPARTMENT OF PUBLIC WELFARE OF THE
28 COMMONWEALTH.
29 "HEALTH CARE PROVIDER." A PERSON WHO IS LICENSED OR
30 CERTIFIED BY THE LAWS OF THIS COMMONWEALTH TO ADMINISTER HEALTH
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1 CARE IN THE ORDINARY COURSE OF BUSINESS OR PRACTICE OF A
2 PROFESSION. FOR PURPOSES OF TAKING IMMEDIATE POSSESSION OF <--
3 ACCEPTING A NEWBORN AS PROVIDED IN SECTION 6504(A)(1) (RELATING <--
4 TO ACCEPTING NEWBORNS) AND FOR IMMUNITY PROVIDED PURSUANT TO
5 SECTION 6507 (RELATING TO IMMUNITY GRANTED TO HEALTH CARE
6 PROVIDERS AND HOSPITALS) THE TERM INCLUDES ADMINISTRATIVE,
7 MANAGERIAL AND SECURITY PERSONNEL AND ANY OTHER PERSON EMPLOYED
8 BY A HOSPITAL.
9 "HOSPITAL." AN INSTITUTION HAVING AN ORGANIZED MEDICAL STAFF
10 WHICH IS PRIMARILY ENGAGED IN PROVIDING TO INPATIENTS, BY OR
11 UNDER THE SUPERVISION OF PHYSICIANS, DIAGNOSTIC AND THERAPEUTIC
12 SERVICES OR REHABILITATION SERVICES FOR THE CARE OR
13 REHABILITATION OF PEOPLE WHO ARE INJURED, DISABLED, PREGNANT,
14 DISEASED, SICK OR MENTALLY ILL. THE TERM INCLUDES FACILITIES FOR
15 THE DIAGNOSIS AND TREATMENT OF DISORDERS WITHIN THE SCOPE OF
16 SPECIFIC MEDICAL SPECIALTIES, BUT NOT FACILITIES CARING
17 EXCLUSIVELY FOR PEOPLE WITH MENTAL ILLNESS OR THOSE FACILITIES
18 PRIMARILY ENGAGED IN PROVIDING REHABILITATION SERVICES OR LONG-
19 TERM CARE.
20 "NEWBORN." A CHILD LESS THAN 28 DAYS OF AGE AS REASONABLY
21 DETERMINED BY A PHYSICIAN.
22 § 6503. NONLIABILITY.
23 A PARENT OF A NEWBORN SHALL NOT BE CRIMINALLY LIABLE UNDER
24 ANY PROVISION OF TITLE 18 (RELATING TO CRIMES AND OFFENSES)
25 SOLELY FOR LEAVING A NEWBORN IN THE CARE OF A HOSPITAL IF ALL OF <--
26 THE FOLLOWING CRITERIA ARE MET:
27 (1) THE PARENT EXPRESSES AN INTENT TO HAVE THE HOSPITAL
28 ACCEPT THE NEWBORN PURSUANT TO THIS CHAPTER. THIS INTENT MAY
29 BE EXPRESSED ORALLY OR THROUGH CONDUCT.
30 (2) THERE IS NO EVIDENCE THAT THE NEWBORN IS A VICTIM OF
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1 CHILD ABUSE OR CRIMINAL CONDUCT. IF THE CRITERIA SET FORTH IN <--
2 18 PA.C.S § 4306 (RELATING TO NEWBORN PROTECTION) ARE MET.
3 § 6504. ACCEPTING NEWBORNS.
4 (A) GENERAL RULE.--A HEALTH CARE PROVIDER AT A HOSPITAL
5 SHALL DO ALL OF THE FOLLOWING RELATING TO A NEWBORN ACCEPTED
6 UNDER THIS CHAPTER:
7 (1) TAKE THE NEWBORN INTO PROTECTIVE CUSTODY AS PROVIDED
8 IN SECTION 6315(A)(3) (RELATING TO TAKING CHILD INTO
9 PROTECTIVE CUSTODY).
10 (2) PERFORM A MEDICAL EVALUATION AS WELL AS PERFORM ANY
11 ACT NECESSARY TO CARE FOR AND PROTECT THE PHYSICAL HEALTH AND
12 SAFETY OF THE NEWBORN.
13 (3) NOTIFY THE COUNTY AGENCY AND THE LOCAL MUNICIPAL
14 POLICE DEPARTMENT OR THE PENNSYLVANIA STATE POLICE WHERE NO
15 MUNICIPAL POLICE JURISDICTION EXISTS AS PROVIDED IN SECTION
16 6505 (RELATING TO REPORTING ACCEPTANCE OF NEWBORNS).
17 (B) ACCEPTING NEWBORNS.--WHEN ACCEPTING A NEWBORN PURSUANT
18 TO THIS CHAPTER, A PARENT MAY PROVIDE A HEALTH CARE PROVIDER
19 WITH INFORMATION ABOUT THE NEWBORN'S MEDICAL HISTORY AND ANY
20 IDENTIFYING INFORMATION.
21 § 6505. REPORTING ACCEPTANCE OF NEWBORNS.
22 A HEALTH CARE PROVIDER AT A HOSPITAL SHALL IN ALL CASES
23 NOTIFY THE COUNTY AGENCY AND THE LOCAL MUNICIPAL POLICE
24 DEPARTMENT OR THE PENNSYLVANIA STATE POLICE WHERE NO MUNICIPAL
25 POLICE JURISDICTION EXISTS IMMEDIATELY BY TELEPHONE REGARDING A
26 NEWBORN ACCEPTED BY A HOSPITAL UNDER THIS CHAPTER. A WRITTEN
27 REPORT SHALL BE SUBMITTED TO THE COUNTY AGENCY AND LOCAL
28 MUNICIPAL POLICE DEPARTMENT OR THE PENNSYLVANIA STATE POLICE
29 WITHIN 48 HOURS AFTER THE ORAL REPORT. FOR PURPOSES OF THIS
30 SECTION, THE TERM "HEALTH CARE PROVIDER" SHALL INCLUDE
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1 ADMINISTRATIVE, MANAGERIAL AND SECURITY PERSONNEL EMPLOYED BY A
2 HOSPITAL.
3 § 6506. FAILURE TO REPORT ACCEPTANCE OF NEWBORNS.
4 A HEALTH CARE PROVIDER AT A HOSPITAL WHO INTENTIONALLY OR
5 KNOWINGLY FAILS TO REPORT THE ACCEPTANCE BY A HOSPITAL OF A
6 NEWBORN AS REQUIRED BY THIS CHAPTER COMMITS A SUMMARY OFFENSE. A
7 SECOND OR SUBSEQUENT FAILURE TO REPORT SUCH ACCEPTANCE IS A
8 MISDEMEANOR OF THE THIRD DEGREE.
9 § 6507. IMMUNITY GRANTED TO HEALTH CARE PROVIDERS AND
10 HOSPITALS.
11 EXCEPT FOR A VIOLATION OF SECTION 6506 (RELATING TO FAILURE
12 TO REPORT ACCEPTANCE OF NEWBORNS), NO HOSPITAL OR HEALTH CARE
13 PROVIDER AT A HOSPITAL SHALL BE SUBJECT TO CIVIL LIABILITY OR
14 CRIMINAL PENALTY SOLELY BY REASON OF COMPLYING WITH THE
15 PROVISIONS OF THIS CHAPTER.
16 § 6508. DUTY OF HOSPITAL.
17 A HOSPITAL SHALL INSURE THAT ITS OFFICERS, HEALTH CARE
18 PROVIDERS AND EMPLOYEES ARE FAMILIAR WITH THE PROVISIONS OF THIS
19 CHAPTER, SECTION 6315(A)(3) (RELATING TO TAKING CHILD INTO
20 PROTECTIVE CUSTODY) AND OTHER APPLICABLE PROVISIONS OF CHAPTER
21 63 (RELATING TO CHILD PROTECTIVE SERVICES) THAT RELATE TO
22 NEWBORN PROTECTION AND SHALL INSURE THAT THE APPROPRIATE
23 OFFICERS, HEALTH CARE PROVIDERS, AND EMPLOYEES, AS THE CASE MAY
24 BE, RECEIVE INFORMATION PROVIDED BY THE DEPARTMENT'S TRAINING
25 CURRICULUM, AS ESTABLISHED UNDER SECTION 6509 (RELATING TO
26 DUTIES OF DEPARTMENT). INFORMATION CONCERNING THIS CHAPTER,
27 SECTION 6315(A)(3) AND OTHER APPLICABLE PROVISIONS OF CHAPTER 63
28 THAT RELATE TO NEWBORN PROTECTION AND REGULATIONS ADOPTED BY THE
29 DEPARTMENT SHALL BE MADE PART OF THE TRAINING AT EACH HOSPITAL.
30 EACH HOSPITAL SHALL ADOPT A WRITTEN POLICY IN ACCORDANCE WITH
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1 THE PROVISIONS OF THIS CHAPTER, SECTION 6315(A)(3) AND OTHER
2 APPLICABLE PROVISIONS OF CHAPTER 63 THAT RELATE TO NEWBORN
3 PROTECTION.
4 § 6509. DUTIES OF DEPARTMENT.
5 THE DEPARTMENT SHALL PROVIDE AND MAKE AVAILABLE A TRAINING
6 CURRICULUM FOR USE BY HOSPITALS AND HEALTH CARE PROVIDERS AT
7 HOSPITALS REGARDING THIS CHAPTER, SECTION 6315(A)(3) (RELATING
8 TO TAKING CHILD INTO PROTECTIVE CUSTODY) AND OTHER APPLICABLE
9 PROVISIONS OF CHAPTER 63 (RELATING TO CHILD PROTECTIVE SERVICES)
10 THAT RELATE TO NEWBORN PROTECTION. THE DEPARTMENT SHALL
11 PROMULGATE REGULATIONS TO IMPLEMENT THIS CHAPTER, SECTION
12 6315(A)(3) AND OTHER APPLICABLE PROVISIONS OF CHAPTER 63 THAT
13 RELATE TO NEWBORN PROTECTION. THE DEPARTMENT SHALL ALSO PROVIDE
14 HEALTH CARE PROVIDERS AND HOSPITALS WITH AN INFORMATIONAL
15 PAMPHLET REGARDING THIS CHAPTER, SECTION 6315(A)(3) AND OTHER
16 APPLICABLE PROVISIONS OF CHAPTER 63 THAT RELATE TO NEWBORN
17 PROTECTION WHICH MAY BE DISTRIBUTED TO THE PUBLIC. IN ADDITION,
18 THE DEPARTMENT SHALL COMPLY WITH THE PROVISIONS REGARDING INFANT
19 ABANDONMENT IN SECTIONS 6365 (RELATING TO SERVICES FOR
20 PREVENTION, INVESTIGATION AND TREATMENT OF CHILD ABUSE) AND 6383
21 (RELATING TO EDUCATION AND TRAINING). A REPORT SHALL BE MADE
22 ANNUALLY TO THE GENERAL ASSEMBLY ON THE NUMBER AND DISPOSITION
23 OF CHILDREN TRANSFERRED NEWBORNS ACCEPTED IN ACCORDANCE WITH <--
24 THIS CHAPTER, SECTION 6315(A)(3) AND OTHER APPLICABLE PROVISIONS
25 OF CHAPTER 63 THAT RELATE TO NEWBORN PROTECTION.
26 SECTION 7. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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