PRINTER'S NO. 75
No. 73 Session of 1975
INTRODUCED BY WHITTLESEY, JANUARY 27, 1975
REFERRED TO COMMITTEE ON LAW AND JUSTICE, JANUARY 27, 1975
AN ACT
1 Amending the act of August 14, 1967 (P.L.239, No.91), entitled
2 "An act relating to gross physical neglect of, or injury to,
3 children under eighteen years of age; requiring reports in
4 such cases by examining physicians or heads of institutions
5 to county public child welfare agencies; imposing powers and
6 duties on county public child welfare agencies based on such
7 reports; and providing penalties," further providing for
8 protective custody, reports, imposing further duties on the
9 county public child welfare agency, and providing for
10 reimbursements by the Commonwealth.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 3, act of August 14, 1967 (P.L.239,
14 No.91), entitled "An act relating to gross physical neglect of,
15 or injury to, children under eighteen years of age; requiring
16 reports in such cases by examining physicians or heads of
17 institutions to county public child welfare agencies; imposing
18 powers and duties on county public child welfare agencies based
19 on such reports; and providing penalties," amended December 30,
20 1970 (P.L.951, No.299), are amended to read:
21 Section 3. Reports by Whom Made.--Any physician or school
22 nurse, whose examination of a child less than eighteen years of
1 age or any school teacher whose observation of a child less than
2 eighteen years of age discloses evidence of gross physical
3 neglect or injury not explained by the available medical history
4 as being accidental in nature, or suffering from any wound or
5 other injury inflicted by his own act or by the act of another
6 by means of a knife, gun, pistol or other deadly weapon, shall
7 immediately report in accordance with the provisions of this
8 act. If such physician has examined the child pursuant to
9 services as a member of the staff of an institution, he shall
10 notify the person in charge of the institution, who shall make
11 such report or cause it to be made. Any other adult individual
12 who has reason to believe that a child less than eighteen years
13 of age is suffering from gross physical neglect or intentionally
14 caused serious injury may make a report in accordance with the
15 provisions of this act.
16 Section 2. The act is amended by adding a section to read:
17 Section 3.1 Protective Custody.--(a) Any physician examining
18 or treating any child under the age of eighteen; or the director
19 or his designate of any hospital or similar institution to which
20 any child under the age of eighteen has been brought for care or
21 treatment, is empowered to take the said child into protective
22 custody when the child has suffered gross physical neglect or
23 injury and the most probable inference from the medical and
24 factual information supplied, is that the said injury was
25 inflicted upon the child by another person by other than
26 accidental means, and the person suspected of inflicting, or
27 permitting to be inflicted, the said injury upon the child, is a
28 person into whose custody the child would normally be returned.
29 (b) The physician or the director or his designate of a
30 hospital or similar institution taking a child into such
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1 protective custody shall immediately report his action to the
2 county public child welfare agency, either orally or by a
3 written report.
4 Section 3. Section 5 of the act, amended December 30, 1970
5 (P.L.951, No.299) is amended to read:
6 Section 5. Action by Child Welfare Agency on Receipt of
7 Report.--Immediately upon the receipt of [the oral] any report
8 required [in section 4 of] by this act, the county public child
9 welfare agency shall notify the appropriate law enforcement
10 agency of such [oral] report and shall [make available to such
11 agency, a copy of the written report.] reduce said report to
12 writing and provide a copy thereof to such agency. Within forty-
13 eight hours the county public child welfare agency shall
14 investigate the circumstances of the neglect or injury and the
15 home in which the child lives. It shall provide such child
16 welfare services as are designed to protect the child and to
17 preserve the family. When further action is required to protect
18 the child, the county public child welfare agency shall file a
19 petition with the Juvenile Court. The county public child
20 welfare agency shall immediately after the receipt of any report
21 that a child has been taken into protective custody pursuant to
22 this act, shall serve or attempt to serve, written notice upon
23 the parents or guardian that the said child has been taken into
24 protective custody. The notice shall contain a statement of the
25 maximum duration of the protective custody and the location of
26 the child during protective custody.
27 The parents or guardian of a child in protective custody may,
28 upon request and in the reasonable discretion of the physician,
29 director of a hospital or similar institution, or his designate
30 or appropriate official of the county public child welfare
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1 agency, visit the said child, provided that the life or health
2 of the child will not be endangered by such visit.
3 The entire period of protective custody shall not exceed
4 three court days. The protective custody may be terminated
5 earlier at the discretion of the reporting physician, director
6 of a hospital or similar institution or his designate or
7 appropriate official of the county public child welfare agency,
8 or upon order of the court.
9 Any physician, director of a hospital or similar institution,
10 or his designate, who takes a child into protective custody
11 pursuant to this act shall have immunity from any civil and
12 criminal liability that might otherwise be incurred or imposed.
13 Any such person shall have the same immunity with respect to
14 testimony given in any judicial proceeding resulting therefrom.
15 The Commonwealth shall reimburse any physician, hospital or
16 similar institution who has taken a child into protective
17 custody pursuant to this act, for the necessary expenses
18 incident to the protective custody plus reasonable processing
19 costs.
20 The county treasurer of the county of residence of the child,
21 upon presentment of bills evidencing the cost of custody, shall
22 reimburse the physician, hospital or similar institution who
23 incurred expenses as a result of protective custody plus
24 reasonable processing costs.
25 The Commonwealth shall reimburse the county treasurer
26 disbursing funds under this act for the actual amount paid by
27 the treasurer plus reasonable processing costs incurred by the
28 county.
29 Section 4. This act shall take effect in 60 days.
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