PRINTER'S NO. 2618
No. 2131 Session of 1993
INTRODUCED BY ROONEY, BLAUM, HENNESSEY, PRESTON, BELFANTI,
STABACK AND VEON, OCTOBER 6, 1993
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 6, 1993
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, defining "passive
3 physical restraint"; further defining "shelter care"; and
4 providing for the use of passive physical restraint by
5 shelter care personnel and for the use of shelter care
6 facilities for delinquent children.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The definition of "shelter care" in section 6302
10 of Title 42 of the Pennsylvania Consolidated Statutes is amended
11 and the section is amended by adding a definition to read:
12 § 6302. Definitions.
13 The following words and phrases when used in this chapter
14 shall have, unless the context clearly indicates otherwise, the
15 meanings given to them in this section:
16 * * *
17 "Passive physical restraint." The least amount of direct
18 physical contact required to prevent a child from absconding
19 from placement ordered or authorized under this chapter or to
1 prevent immediate harm to the child or others.
2 * * *
3 "Shelter care." Temporary care of a child in physically
4 unrestricted facilities. The term includes facilities where
5 passive physical restraint is used as authorized under this
6 chapter.
7 Section 2. Section 6327(e) of Title 42 is amended to read:
8 § 6327. Place of detention.
9 * * *
10 (e) Detention of dependent child.--A child alleged to be
11 dependent may be detained or placed only in a Department of
12 Public Welfare-approved shelter care facility as stated in
13 subsection (a)(1), (2) and (4), and shall not be detained in a
14 jail or other facility intended or used for the detention of
15 adults charged with criminal offenses, but may be detained in
16 the same shelter care facilities with alleged or adjudicated
17 delinquent children. Staff are authorized to utilize passive
18 physical restraint to prevent a child from absconding from
19 shelter care facilities.
20 * * *
21 Section 3. Section 6351 of Title 42 is amended by adding a
22 subsection to read:
23 § 6351. Disposition of dependent child.
24 * * *
25 (c.1) Passive physical restraint authorized.--Staff at all
26 facilities licensed or otherwise authorized by law to receive
27 and provide care to a dependent child are authorized to utilize
28 passive physical restraint to prevent a child from absconding
29 from the facilities.
30 * * *
19930H2131B2618 - 2 -
1 Section 4. This act shall take effect in 60 days.
D22L42BIL/19930H2131B2618 - 3 -