Regular Session 2021-2022 House Bill 1475 P.N. 3231

PRIOR PRINTER'S NO. 1592

PRINTER'S NO. 3231

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1475

Session of

2021

INTRODUCED BY KRAJEWSKI, ROZZI, GUZMAN, BURGOS, KINSEY,

D. WILLIAMS, FREEMAN, ISAACSON, DELLOSO, T. DAVIS, LEE,

SANCHEZ, FIEDLER, MERSKI, CIRESI, N. NELSON, SIMS, FRANKEL,

YOUNG, MADDEN, SHUSTERMAN, KINKEAD, BULLOCK, STURLA, WARREN,

O'MARA, McCLINTON, RABB, SCHEMEL, RAPP AND BONNER,

MAY 21, 2021

AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES,

AS AMENDED, JUNE 13, 2022

AN ACT

Amending the act of June 29, 1953 (P.L.304, No.66), entitled "An

act providing for the administration of a statewide system of

vital statistics; prescribing the functions of the State

Department of Health, the State Advisory Health Board and

local registrars; imposing duties upon coroners,

prothonotaries, clerks of orphans' court, physicians,

midwives and other persons; requiring reports and

certificates for the registration of vital statistics;

regulating the disposition of dead bodies; limiting the

disclosure of records; prescribing the sufficiency of vital

statistics records as evidence; prescribing fees and

penalties; and revising and consolidating the laws relating

thereto," in records, providing for records, disclosure for

case management, further providing for records, fees for

copies and providing for records, age to obtain copies. AND

FOR FEES FOR COPIES.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of June 29, 1953 (P.L.304, No.66), known

as the Vital Statistics Law of 1953, is amended by adding a

section read:

Section 805.1. Records: Disclosure for Case Management.--(a)

<--

The department may disclose information or data from vital

statistics records or parts thereof to an individual or

organization that provides case management services to foster

youth, homeless youth or justice involved youth if the

individual or organization shows identification and evidence of

the individual's or organization's relationship with and

services provided to the foster youth, homeless youth or justice

involved youth. The individuals and organizations may include,

but are not limited to, social service professionals, juvenile

justice professionals, child welfare workers, community umbrella

agencies and community-based organizations providing case

management services. BEFORE OBTAINING VITAL STATISTICS RECORDS

OR PARTS THEREOF ON BEHALF OF A FOSTER YOUTH, HOMELESS YOUTH OR

JUSTICE INVOLVED YOUTH, A PERSON OR AN ORGANIZATION THAT

PROVIDES CASE MANAGEMENT SERVICES TO A FOSTER YOUTH, HOMELESS

YOUTH OR JUSTICE INVOLVED YOUTH, INCLUDING A SOCIAL SERVICE

PROFESSIONAL, JUVENILE JUSTICE PROFESSIONAL, CHILD WELFARE

WORKER, COMMUNITY UMBRELLA AGENCY OR COMMUNITY-BASED

ORGANIZATION, SHALL PROVIDE PROOF OF A DIRECT INTEREST IN THE

CONTENT OF THE RECORDS TO THE DEPARTMENT UNDER SECTION 804

(RELATING TO RECORDS; DISCLOSURE OF OTHER RECORDS).

(B) THE SIGNATURE, PRESENCE OR PERMISSION FROM A PARENT OR

GUARDIAN SHALL NOT BE REQUIRED TO OBTAIN VITAL STATISTICS

RECORDS OR PARTS THEREOF FOR A FOSTER YOUTH, HOMELESS YOUTH OR

JUSTICE INVOLVED YOUTH UNDER SUBSECTION (A).

SHALL RETAIN OWNERSHIP OF THE VITAL STATISTICS RECORDS

INFORMATION AND DOCUMENTS OBTAINED ON THE YOUTH'S BEHALF BY A

PERSON OR AN ORGANIZATION UNDER SUBSECTION (A).

(D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT

20210HB1475PN3231 - 2 -

<--

A FOSTER YOUTH, HOMELESS YOUTH OR JUSTICE INVOLVED YOUTH FROM

OBTAINING COPIES OF THE YOUTH'S OWN VITAL STATISTICS RECORDS OR

PARTS THEREOF. THE SIGNATURE, PRESENCE OR PERMISSION FROM A

PARENT OR GUARDIAN SHALL NOT BE REQUIRED FOR A FOSTER YOUTH,

HOMELESS YOUTH OR JUSTICE INVOLVED YOUTH TO OBTAIN COPIES OF THE

YOUTH'S OWN VITAL STATISTICS RECORDS OR PARTS THEREOF.

(E) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ABROGATE

THE RIGHTS OF A PARENT OR GUARDIAN OF A YOUTH WHO DOES NOT MEET

THE DEFINITION OF FOSTER YOUTH, HOMELESS YOUTH OR JUSTICE

INVOLVED YOUTH UNDER SUBSECTION (F).

(F) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THIS

SECTION SHALL APPLY TO A FOSTER YOUTH, HOMELESS YOUTH OR JUSTICE

INVOLVED YOUTH WHO IS SIXTEEN (16) OR SEVENTEEN (17) YEARS OF

AGE.

(b) (G) As used in this section, the following words and

phrases shall have the meanings given to them in this subsection

unless the context clearly indicates otherwise:

"Foster youth" shall mean an individual under eighteen (18)

WHO IS SIXTEEN (16) OR SEVENTEEN (17) years of age, or if a

court retains dependency jurisdiction under 42 Pa.C.S. § 6351(j)

(relating to disposition of dependent child) an individual up to

twenty-one (21) years of age, who is:

(1) under the care and responsibility of the Commonwealth

and is placed in foster care, as defined in 45 CFR 1355.20

(relating to definitions), under 42 Pa.C.S. § 6351 or 6352

(relating to disposition of delinquent child); or

(2) placed under a voluntary placement agreement under 55

Pa. Code § 3130.65 (relating to voluntary placement agreement).

"Homeless youth" shall have the same meaning as the term

"unaccompanied youth" "HOMELESS CHILDREN AND YOUTHS" under the

20210HB1475PN3231 - 3 -

<--

McKinney-Vento Homeless Assistance Act (Public Law 100-77, 101

Stat. 482) , AS AMENDED, (42 U.S.C. § 11434A) .

"Justice involved youth" shall mean an individual under

eighteen (18) WHO IS SIXTEEN (16) OR SEVENTEEN (17) years of age

AND who is alleged or adjudicated delinquent, incarcerated or

involved in the juvenile justice system. The term includes , but

is not limited to, an individual under eighteen (18) WHO IS

SIXTEEN (16) OR SEVENTEEN (17) years of age AND who is:

(1) detained or under community supervision by a juvenile

court;

(2) receiving counseling from a probation officer or court

counselor;

(3) residing in shelter care, as defined in 42 Pa.C.S. §

6302 (relating to definitions);

(4) residing in a place of detention under 42 Pa.C.S. § 6327

(relating to place of detention);

(5) residing in a juvenile detention center or facility, a

training school, a jail or a prison; or

(6) residing in a correctional facility, a residential

treatment center or a facility designed or operated for the

benefit of delinquent children, as defined in 42 Pa.C.S. § 6302.

Section 2. Section 807 of the act is amended by adding

subsections A SUBSECTION to read:

Section 807. Records: Fees for Copies.--* * *

(d) No fee shall be charged for certified copies of VITAL

STATISTICS records or parts of records THEREOF furnished to , OR

ON BEHALF OF, a foster youth, homeless youth or justice involved

youth UNDER SECTION 805.1 . The signature or presence of or

permission from a parent or guardian shall not be required to

obtain the copies.

20210HB1475PN3231 - 4 -

<--

(e) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"Foster youth" shall mean an individual under eighteen (18)

years of age, or if a court retains dependency jurisdiction

under 42 Pa.C.S. § 6351(j) (relating to disposition of dependent

child) an individual up to twenty-one (21) years of age, who is:

(1) under the care and responsibility of the Commonwealth

and is placed in foster care, as defined in 45 CFR 1355.20

(relating to definitions), under 42 Pa.C.S. § 6351 or 6352

(relating to disposition of delinquent child); or

(2) placed under a voluntary placement agreement under 55

Pa. Code § 3130.65 (relating to voluntary placement agreement).

"Homeless youth" shall have the same meaning as the term

"unaccompanied youth" under the McKinney-Vento Homeless

Assistance Act (Public Law 100-77, 101 Stat. 482).

"Justice involved youth" shall mean an individual under

eighteen (18) years of age who is alleged or adjudicated

delinquent, incarcerated or involved in the juvenile justice

system. The term includes, but is not limited to, an individual

under eighteen (18) years of age who is:

(1) detained or under community supervision by a juvenile

court;

(2) receiving counseling from a probation officer or court

counselor;

(3) residing in shelter care, as defined in 42 Pa.C.S. §

6302 (relating to definitions);

(4) residing in a place of detention under 42 Pa.C.S. § 6327

(relating to place of detention);

(5) residing in a juvenile detention center or facility, a

20210HB1475PN3231 - 5 -

training school, a jail or a prison; or

(6) residing in a correctional facility, a residential

treatment center or a facility designed or operated for the

benefit of delinquent children, as defined in 42 Pa.C.S. § 6302.

Section 3. The act is amended by adding a section to read:

Section 807.1. Records: Age to Obtain Copies.--An individual

twelve (12) years of age or older shall be eligible to apply for

and obtain copies of vital statistics records or parts thereof.

The signature or presence of or permission from a parent or

guardian shall not be required to obtain the copies.

SECTION 3. THE FOLLOWING SHALL APPLY:

(1) WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS

SECTION, THE DEPARTMENT OF HEALTH SHALL TRANSMIT A NOTICE TO

THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN THE

PENNSYLVANIA BULLETIN. THE NOTICE SHALL STATE ALL OF THE

FOLLOWING:

(I) THE REQUIREMENTS FOR A PERSON OR AN ORGANIZATION

TO PROVIDE PROOF OF DIRECT INTEREST UNDER THE ADDITION OF

SECTION 805.1(A) OF THE ACT.

(II) THE PROCEDURES AND FORMS FOR A PERSON OR AN

ORGANIZATION, INCLUDING A FOSTER YOUTH, HOMELESS YOUTH OR

JUSTICE INVOLVED YOUTH, TO QUALIFY FOR AND OBTAIN VITAL

STATISTICS RECORDS OR PARTS THEREOF WITHOUT FEE UNDER THE

ADDITION OF SECTION 807(D) OF THE ACT.

(III) THE REQUIREMENTS RELATING TO PRIVACY AND

PROTECTION OF VITAL STATISTICS RECORDS OR PARTS THEREOF,

INCLUDING PROTECTION FROM ACCESS, FOR A PERSON OR AN

ORGANIZATION OR A FOSTER YOUTH, HOMELESS YOUTH OR A

JUSTICE INVOLVED YOUTH.

(IV) ANY OTHER INFORMATION DEEMED NECESSARY BY THE

20210HB1475PN3231 - 6 -

<--

DEPARTMENT OF HEALTH.

(2) THE DEPARTMENT OF HEALTH SHALL TRANSMIT UPDATES FOR

THE NOTICE TO THE LEGISLATIVE REFERENCE BUREAU FOR

PUBLICATION IN THE PENNSYLVANIA BULLETIN AS DEEMED NECESSARY.

(3) THE DEPARTMENT OF HEALTH SHALL PUBLISH THE NOTICE

AND UPDATES TO THE NOTICE ON ITS PUBLICLY ACCESSIBLE INTERNET

WEBSITE.

Section 4. This act shall take effect in 60 days.

20210HB1475PN3231 - 7 -