| PRINTER'S NO. 794 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. | 777 | Session of 2013 |
INTRODUCED BY BROWNE, FONTANA, RAFFERTY, ERICKSON, BREWSTER, WASHINGTON, SCHWANK, COSTA, BAKER, TARTAGLIONE, SOLOBAY, HUGHES, ALLOWAY, FOLMER, WILLIAMS AND FARNESE, MARCH 27, 2013
REFERRED TO JUDICIARY, MARCH 27, 2013
AN ACT
1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, providing for interagency
3information sharing.
4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:
6Section 1. Title 42 of the Pennsylvania Consolidated
7Statutes is amended by adding a section to read:
8§ 6352.2. Interagency information sharing.
9(a) General rule.--The contents of county agency, drug and
10alcohol, mental health and education records regarding a child
11who is the subject of an open child protective services or
12general protective services investigation, who is alleged to be
13dependent, who has been accepted for service by a county agency,
14who has been placed under supervision under an informal
15adjustment or consent decree, who has been found to have
16committed a delinquent act or who has been found to be dependent
17or delinquent shall be provided, upon request, to the county
18agency, court or juvenile probation department, under and except
1as prohibited by the following:
2(1) This chapter.
3(2) Section 5944 (relating to confidential
4communications to psychiatrists or licensed psychologists).
5(3) The act of November 29, 1990 (P.L.585, No.148),
6known as the Confidentiality of HIV-Related Information Act.
7(4) The act of July 9, 1976 (P.L.817, No.143), known as
8the Mental Health Procedures Act.
9(5) The act of February 13, 1970 (P.L.19, No.10),
10entitled "An act enabling certain minors to consent to
11medical, dental and health services, declaring consent
12unnecessary under certain circumstances."
13(6) Federal law, including the Family Educational Rights
14and Privacy Act of 1974 (Public Law 90-247, 20 U.S.C. §
151232g), the Health Insurance Portability and Accountability
16Act of 1996 (Public Law 104-191, 110 Stat. 1936) and the
17procedures, limitations and criteria set forth in regulations
18adopted by the Department of Health and Human Services
19relating to the confidentiality of drug and alcohol records.
20(b) Sharing of information.--
21(1) The county agency, court or juvenile probation
22department shall, in accordance with the procedures
23established under this section, use the information contained
24in the records in furtherance of a disposition under this
25chapter of the child who is the subject of the records.
26Unless otherwise prohibited by this chapter or by the
27statutes or regulations listed under subsection (a)(2), (3),
28(4), (5) and (6), the information contained in the records
29may, notwithstanding any other provision of law, be shared
30among authorized representatives of the county agency, court
1and juvenile probation department in furtherance of a
2disposition under this chapter of the child, or, if no child-
3specific or other confidential information is disclosed, in
4furtherance of efforts to identify and provide services to
5children who are determined to be at risk of child abuse,
6parental neglect or initial or additional delinquent
7behavior.
8(2) Unless otherwise prohibited under this chapter or by
9the statutes or regulations listed under subsection (a)(2),
10(3), (4), (5) and (6), the information under paragraph (1)
11may also be shared with other agencies or entities if there
12is a specific need to do so. The information shall be shared
13for the limited purposes set forth under this section under
14an interagency information-sharing agreement developed under
15subsection (c) or upon order of court or the written consent
16of the parent or guardian of the child who is the subject of
17the records or any person otherwise having the authority to
18consent to the sharing of the information.
19(c) Interagency information sharing agreements.--
20(1) Subject to approval of the court and the
21requirements of this chapter and the statutes and regulations
22listed under subsection (a)(2), (3), (4), (5) and (6), an
23interagency information sharing agreement may be developed in
24each county among the county agency, juvenile probation
25department, local law enforcement agencies, mental health
26agencies, drug and alcohol agencies, local school districts,
27and other agencies and entities as deemed appropriate, to
28enhance the coordination of case management services to and
29the supervision of children who have been accepted for
30service by a county agency, who are being supervised under an
1informal adjustment or a consent decree, who have been found
2to have committed a delinquent act or who have been found to
3be dependent or delinquent, to enhance the coordination of
4efforts to identify children who may be at risk of child
5abuse, parental neglect or initial or additional delinquent
6behavior and to provide services to these children and their
7families. Any such agreement shall be signed by the chief
8executive officers of the entities referred to in this
9section as well as the public defender's office and guardian
10ad litem in each county and shall be submitted to the court
11for approval. In counties that do not have agencies with
12primary responsibility for representing delinquent or
13dependent children, the court shall designate attorneys at
14law with experience in representing those children to satisfy
15the requirements of this paragraph.
16(2) All interagency information sharing agreements
17shall, at a minimum, do all of the following:
18(i) Provide that information will be shared under
19this chapter and the statutes or regulations listed under
20subsection (a)(1), (2), (3), (4), (5) and (6) to enhance
21the coordination of case management services to and the
22supervision of children who have been found to be
23dependent or delinquent, who are being supervised under
24an informal adjustment or a consent decree, who have been
25found to have committed a delinquent act or who have been
26accepted for service by a county agency, and to enhance
27the coordination of efforts to identify children who may
28be at risk of child abuse, parental neglect or initial or
29additional delinquent behavior and to provide services to
30these children and their families.
1(ii) Provide that, whenever possible, the preferred
2method for obtaining authorization to share confidential
3information shall be upon the written, informed consent
4of the person authorized under applicable law to consent
5to the release of information after that person has been
6provided a full understanding of the circumstances under
7which and with whom the information will be shared.
8(iii) Set forth the specific activities in which the
9signatories and their representatives will engage, either
10collectively or individually, in furtherance of the
11purposes of the agreement.
12(iv) Prohibit the release of information shared
13under this agreement with other parties, except as
14otherwise required or permitted by statute.
15Section 2. This act shall take effect in 60 days.