PRIOR PRINTER'S NOS. 696, 925, 1045, PRINTER'S NO. 2386
1272, 2229, 2251
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
SENATE AMENDMENTS TO HOUSE AMENDMENTS, NOVEMBER 18, 2002
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 23 (Domestic
2 Relations) of the Pennsylvania Consolidated Statutes,
3 providing for newborn protection.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 4306. Newborn protection.
9 (a) General rule.--A parent of a newborn shall not be
10 criminally liable for any violation of this title solely for
11 leaving a newborn in the care of a hospital pursuant to 23
12 Pa.C.S. Ch. 65 (relating to newborn protection) providing that
13 the following criteria are met:
14 (1) The parent expresses, either orally or through
15 conduct, the intent to have the hospital accept the newborn
16 pursuant to 23 Pa.C.S. Ch. 65.
17 (2) The newborn is not a victim of child abuse or
1 criminal conduct.
2 (b) Definition.--As used in this section the term "newborn"
3 shall have the meaning given to it in 23 Pa.C.S. § 6502
4 (relating to definitions) and "child abuse" shall be as defined
5 in 23 Pa.C.S. § 6303 (relating to definitions).
6 Section 2. Section 6303(a) of Title 23 is amended by adding
7 definitions to read:
8 § 6303. Definitions.
9 (a) General rule.--The following words and phrases when used
10 in this chapter shall have the meanings given to them in this
11 section unless the context clearly indicates otherwise:
12 * * *
13 "Child." Includes a newborn.
14 * * *
15 "Newborn." As defined in section 6502 (relating to
16 definitions).
17 * * *
18 Section 3. Section 6315(a) and (c) of Title 23 are amended
19 to read:
20 § 6315. Taking child into protective custody.
21 (a) General rule.--A child may be taken into protective
22 custody:
23 (1) As provided by 42 Pa.C.S. § 6324 (relating to taking
24 into custody).
25 (2) By a physician examining or treating the child or by
26 the director, or a person specifically designated in writing
27 by the director, of any hospital or other medical institution
28 where the child is being treated if protective custody is
29 immediately necessary to protect the child under this
30 chapter.
20010S0654B2386 - 2 -
1 (3) By a physician or the director, or a person
2 specifically designated by the director, of a hospital
3 pursuant to Chapter 65 (relating to newborn protection) if
4 the child is a newborn.
5 * * *
6 (c) Notice of custody.--[An]
7 (1) Except as provided in paragraph (2), an individual
8 taking a child into protective custody under this chapter
9 shall immediately, and within 24 hours in writing, notify the
10 parent, guardian or other custodian of the child of the
11 whereabouts of the child, unless prohibited by court order,
12 and the reasons for the need to take the child into
13 protective custody and shall immediately notify the
14 appropriate county agency in order that proceedings under 42
15 Pa.C.S. Ch. 63 (relating to juvenile matters) may be
16 initiated, if appropriate.
17 (2) In the case of a newborn taken into protective
18 custody pursuant to subsection (a)(3), the county agency
19 shall within 24 hours make diligent efforts to notify a
20 parent, guardian, custodian or other family member of the
21 whereabouts of the newborn, unless prohibited by court order,
22 and the reasons for the need to take the newborn into
23 protective custody.
24 * * *
25 Section 4. Section 6316(b) of Title 23 is amended and the
26 section is amended by adding a subsection to read:
27 § 6316. Admission to private and public hospitals.
28 * * *
29 (a.1) Newborns.--A newborn taken into protective custody
30 pursuant to section 6315(a)(3) (relating to taking child into
20010S0654B2386 - 3 -
1 protective custody) shall be admitted to, treated and maintained
2 in facilities of public and private hospitals on the basis of
3 medical need and shall not be refused or deprived in any way of
4 proper medical treatment and care. Once a newborn is taken into
5 protective custody pursuant to section 6315(a)(3), the newborn
6 shall be considered immediately eligible for Medicaid for
7 payment of medical services provided. Until otherwise provided
8 by court order, the county agency shall assume the
9 responsibility for making decisions regarding the newborn's
10 medical care.
11 (b) Failure of hospital to admit child or newborn.--The
12 failure of a hospital to admit and properly treat and care for a
13 child pursuant to subsection (a) or (a.1) shall be cause for the
14 department to order immediate admittance, treatment and care by
15 the hospital which shall be enforceable, if necessary, by the
16 prompt institution of a civil action by the department. The
17 child, through an attorney, shall also have the additional and
18 independent right to seek immediate injunctive relief and
19 institute an appropriate civil action for damages against the
20 hospital.
21 Section 5. Sections 6365(a) and 6383(a) of Title 23 are
22 amended to read:
23 § 6365. Services for prevention, investigation and treatment of
24 child abuse.
25 (a) Instruction and education.--Each county agency shall
26 make available among its services for the prevention and
27 treatment of child abuse instruction and education for
28 parenthood and parenting skills, protective and preventive
29 social counseling, outreach and counseling services to prevent
30 infant NEWBORN abandonment, emergency caretaker services, <--
20010S0654B2386 - 4 -
1 emergency shelter care, emergency medical services and the
2 establishment of self-help groups organized for the prevention
3 and treatment of child abuse, part-day services, out-of-home
4 placement services, therapeutic activities for child and family
5 directed at alleviating conditions that present a risk to the
6 safety and well-being of a child and any other services required
7 by department regulations.
8 * * *
9 § 6383. Education and training.
10 (a) Duties of department and county agencies.--The
11 department and each county agency, both jointly and
12 individually, shall conduct a continuing publicity and education
13 program for the citizens of this Commonwealth aimed at the
14 prevention of child abuse and child neglect, including the
15 prevention of infant NEWBORN abandonment, the identification of <--
16 abused and neglected children and the provision of necessary
17 ameliorative services to abused and neglected children and their
18 families. The department and each county agency shall conduct an
19 ongoing training and education program for local staff, persons
20 required to make reports and other appropriate persons in order
21 to familiarize those persons with the reporting and
22 investigative procedures for cases of suspected child abuse and
23 the rehabilitative services that are available to children and
24 families. In addition, the department shall, by regulation,
25 establish a program of training and certification for persons
26 classified as protective services workers. The regulations shall
27 provide for the grandfathering of all current permanent
28 protective services workers as certified protective services
29 workers. Upon request by the county agency and approval of the
30 department, the agency may conduct the training of the county's
20010S0654B2386 - 5 -
1 protective services workers.
2 * * *
3 Section 6. Title 23 is amended by adding a chapter to read:
4 CHAPTER 65
5 NEWBORN PROTECTION
6 Sec.
7 6501. Short title of chapter.
8 6502. Definitions.
9 6503. Nonliability.
10 6504. Accepting newborns.
11 6505. Reporting acceptance of newborns.
12 6506. Failure to report acceptance of newborns.
13 6507. Immunity granted to health care providers and
14 hospitals.
15 6508. Duty of hospital.
16 6509. Duties of department.
17 § 6501. Short title of chapter.
18 This chapter shall be known and may be cited as the Newborn
19 Protection Act.
20 § 6502. Definitions.
21 The following words and phrases when used in this chapter
22 shall have the meanings given to them in this section unless the
23 context clearly indicates otherwise:
24 "Child abuse." Child abuse as defined in section 6303(b)
25 (relating to definitions).
26 "County agency" or "agency." County agency as defined in
27 section 6303(a) (relating to definitions).
28 "Department." The Department of Public Welfare of the
29 Commonwealth.
30 "Health care provider." A person who is licensed or
20010S0654B2386 - 6 -
1 certified by the laws of this Commonwealth to administer health
2 care in the ordinary course of business or practice of a
3 profession. For purposes of accepting a newborn as provided in
4 section 6504(a)(1) (relating to accepting newborns) and for
5 immunity provided pursuant to section 6507 (relating to immunity
6 granted to health care providers and hospitals) the term
7 includes administrative, managerial and security personnel and
8 any other person employed 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) if
25 the criteria set forth in 18 Pa.C.S § 4306 (relating to newborn
26 protection) are met.
27 § 6504. Accepting newborns.
28 (a) General rule.--A health care provider at a hospital
29 shall do all of the following relating to a newborn accepted
30 under this chapter:
20010S0654B2386 - 7 -
1 (1) Take the newborn into protective custody as provided
2 in section 6315(a)(3) (relating to taking child into
3 protective custody).
4 (2) Perform a medical evaluation as well as perform any
5 act necessary to care for and protect the physical health and
6 safety of the newborn.
7 (3) Notify the county agency and the local municipal
8 police department or the Pennsylvania State Police where no
9 municipal police jurisdiction exists as provided in section
10 6505 (relating to reporting acceptance of newborns).
11 (b) Accepting newborns.--When accepting a newborn pursuant
12 to this chapter, a parent may provide a health care provider
13 with information about the newborn's medical history and any
14 identifying information.
15 § 6505. Reporting acceptance of newborns.
16 A health care provider at a hospital shall in all cases
17 notify the county agency and the local municipal police
18 department or the Pennsylvania State Police where no municipal
19 police jurisdiction exists immediately by telephone regarding a
20 newborn accepted by a hospital under this chapter. A written
21 report shall be submitted to the county agency and local
22 municipal police department or the Pennsylvania State Police
23 within 48 hours after the oral report. For purposes of this
24 section, the term "health care provider" shall include
25 administrative, managerial and security personnel employed by a
26 hospital.
27 § 6506. Failure to report acceptance of newborns.
28 A health care provider at a hospital who intentionally or
29 knowingly fails to report the acceptance by a hospital of a
30 newborn as required by this chapter commits a summary offense. A
20010S0654B2386 - 8 -
1 second or subsequent failure to report such acceptance is a
2 misdemeanor of the third degree.
3 § 6507. Immunity granted to health care providers and
4 hospitals.
5 Except for a violation of section 6506 (relating to failure
6 to report acceptance of newborns), no hospital or health care
7 provider at a hospital shall be subject to civil liability or
8 criminal penalty solely by reason of complying with the
9 provisions of this chapter.
10 § 6508. Duty of hospital.
11 A hospital shall insure that its officers, health care
12 providers and employees are familiar with the provisions of this
13 chapter, section 6315(a)(3) (relating to taking child into
14 protective custody) and other applicable provisions of Chapter
15 63 (relating to child protective services) that relate to
16 newborn protection and shall insure that the appropriate
17 officers, health care providers, and employees, as the case may
18 be, receive information provided by the department's training <--
19 curriculum, EDUCATIONAL MATERIALS PROVIDED BY THE DEPARTMENT as <--
20 established under section 6509 (relating to duties of
21 department). Information concerning this chapter, section
22 6315(a)(3) and other applicable provisions of Chapter 63 that
23 relate to newborn protection and regulations adopted by the
24 department shall be made part of the training at each hospital.
25 Each hospital shall adopt a written policy in accordance with
26 the provisions of this chapter, section 6315(a)(3) and other
27 applicable provisions of Chapter 63 that relate to newborn
28 protection.
29 § 6509. Duties of department.
30 The department shall provide and make available a training <--
20010S0654B2386 - 9 -
1 curriculum EDUCATIONAL MATERIALS for use by hospitals and health <--
2 care providers, HEALTH CARE PROVIDERS AND EMPLOYEES at hospitals <--
3 regarding this chapter, section 6315(a)(3) (relating to taking
4 child into protective custody) and other applicable provisions
5 of Chapter 63 (relating to child protective services) that
6 relate to newborn protection. The department shall promulgate
7 regulations SUCH REGULATIONS AS MAY BE NECESSARY to implement <--
8 this chapter, section 6315(a)(3) and other applicable provisions
9 of Chapter 63 that relate to newborn protection. The department
10 shall also provide health care providers and hospitals with an
11 informational pamphlet regarding this chapter, section
12 6315(a)(3) and other applicable provisions of Chapter 63 that
13 relate to newborn protection which may be distributed to the
14 public. In addition, the department shall comply with the
15 provisions regarding infant abandonment in sections 6365
16 (relating to services for prevention, investigation and
17 treatment of child abuse) and 6383 (relating to education and
18 training). A report shall be made annually to the General
19 Assembly on the number and disposition of newborns accepted in
20 accordance with this chapter, section 6315(a)(3) and other
21 applicable provisions of Chapter 63 that relate to newborn
22 protection.
23 Section 7. This act shall take effect in 60 days.
C12L18DMS/20010S0654B2386 - 10 -