HOUSE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BROWNE, BOSCOLA, ORIE, ALLOWAY, O'PAKE, ERICKSON, COSTA, WOZNIAK, EARLL, WASHINGTON, FOLMER, RAFFERTY, FERLO AND WILLIAMS, MARCH 2, 2009

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, JULY 21, 2009   

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, 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

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

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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

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 between 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, 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. Any such agreement 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 

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primary responsibility for representing delinquent or

dependent children, the court shall designate lawyers 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.

(ii)  Provide that, 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. In

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counties that do not have agencies with primary

responsibility for representing delinquent or dependent

children, the court shall designate lawyers with

experience in representing these children to satisfy the

requirements of this subparagraph.

(iii)  Set forth the specific activities in which the

signatories and their 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.