AN ACT

 

1Amending Titles 18 (Crimes and Offenses) and 23 (Domestic
2Relations) of the Pennsylvania Consolidated Statutes, further
3providing for protective custody of newborn children in the
4areas of criminal liability, child protective services and
5newborn protection.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Section 4306(a) introductory paragraph and (1)
9and (b) of Title 18 of the Pennsylvania Consolidated Statutes
10are amended to read:

11§ 4306. Newborn protection.

12(a) General rule.--A parent of a newborn shall not be
13criminally liable for any violation of this title solely for
14leaving a newborn [in the care of a hospital] pursuant to 23 
15Pa.C.S. Ch. 65 (relating to newborn protection) providing that
16the following criteria are met:

1(1) The parent expresses, either orally or through
2conduct, the intent to have the hospital or police station
3accept the newborn pursuant to 23 Pa.C.S. Ch. 65.

4* * *

5(b) Definition.--As used in this section, the [term
6"newborn" shall have the meaning given to it in 23 Pa.C.S. § 
76502 (relating to definitions) and "child abuse" shall be as]
8following words and phrases shall have the meanings given to 
9them in this subsection unless the context clearly indicates 
10otherwise:

11"Child abuse." As defined in 23 Pa.C.S. § 6303(b) (relating
12to definitions).

13"Newborn." As defined in 23 Pa.C.S. § 6502 (relating to
14definitions.

15Section 2. Section 6303(a) of Title 23 is amended by adding
16a definition to read:

17§ 6303. Definitions.

18(a) General rule.--The following words and phrases when used
19in this chapter shall have the meanings given to them in this
20section unless the context clearly indicates otherwise:

21* * *

22"Police officer." A law enforcement member of the
23Pennsylvania State Police or a municipal police force.

24* * *

25Section 3. Section 6315(a) of Title 23 is amended by adding
26a paragraph to read:

27§ 6315. Taking child into protective custody.

28(a) General rule.--A child may be taken into protective
29custody:

30* * *

1(4) By a police officer at a police station under
2Chapter 65.

3* * *

4Section 4. Section 6316(a.1) of Title 23 is amended to read:

5§ 6316. Admission to private and public hospitals.

6* * *

7(a.1) Newborns.--A newborn taken into protective custody
8pursuant to section 6315(a)(3) or (4) (relating to taking child
9into protective custody) shall be admitted to, treated and
10maintained in facilities of public and private hospitals on the
11basis of medical need and shall not be refused or deprived in
12any way of proper medical treatment and care. Once a newborn is
13taken into protective custody pursuant to section 6315(a)(3) or 
14(4), the newborn shall be considered immediately eligible for
15Medicaid for payment of medical services provided. Until
16otherwise provided by court order, the county agency shall
17assume the responsibility for making decisions regarding the
18newborn's medical care.

19* * *

20Section 5. The definition of "health care provider" in
21section 6502 of Title 23 is amended and the section is amended
22by adding a definition to read:

23§ 6502. Definitions.

24The following words and phrases when used in this chapter
25shall have the meanings given to them in this section unless the
26context clearly indicates otherwise:

27* * *

28"Health care provider." A person who is licensed or
29certified by the laws of this Commonwealth to administer health
30care in the ordinary course of business or practice of a

1profession. For purposes of accepting a newborn as provided in
2section 6504(a)(1) (relating to accepting newborns) and for
3immunity provided pursuant to section 6507 (relating to immunity
4[granted to health care providers and hospitals]), the term
5includes administrative, managerial and security personnel and
6any other person employed by a hospital.

7* * *

8"Police officer." A law enforcement member of the
9Pennsylvania State Police or a municipal police force.

10Section 6. Section 6504(a)(1) and (b) of Title 23 are
11amended to read:

12§ 6504. Accepting newborns.

13(a) General rule.--A health care provider at a hospital
14shall do all of the following relating to a newborn accepted
15under this chapter:

16(1) Take the newborn into protective custody as provided
17in section 6315(a)(3) (relating to taking child into
18protective custody) or 6504.1(a)(2) (relating to accepting 
19newborns by uniformed police officer at police station).

20* * *

21(b) Accepting newborns.--When [accepting] a health care 
22provider accepts a newborn pursuant to this chapter, a parent or 
23uniformed police officer may provide a health care provider with
24information about the newborn's medical history and any
25identifying information.

26Section 7. Title 23 is amended by adding a section to read:

27§ 6504.1. Accepting newborns by uniformed police officer at
28police station.

29(a) Duties.--A uniformed police officer at a police station
30shall do all of the following relating to a newborn accepted

1under this chapter:

2(1) Take the newborn into protective custody under
3section 6315(a)(4) (relating to taking child into protective
4custody).

5(2) Take the newborn to the hospital and place into the
6care of a health care provider under section 6504 (relating
7to accepting newborns).

8(3) Notify the county agency under section 6505
9(relating to reporting acceptance of newborns).

10(b) Information.--When a uniformed police officer accepts a
11newborn pursuant to this chapter, a parent may provide the
12uniformed police officer with information about the newborn's
13medical history and any identifying information.

14Section 8. Sections 6505, 6507 and 6509 of Title 23 are
15amended to read:

16§ 6505. Reporting acceptance of newborns.

17[A] (a) Health care providers.--Unless subsection (b) 
18applies, a health care provider at a hospital shall [in all 
19cases] notify the county agency and the local municipal police 
20department or the Pennsylvania State Police where no municipal 
21police jurisdiction exists immediately by telephone regarding a 
22newborn accepted by a hospital under this chapter. [A] Unless 
23subsection (b) applies, a written report shall be submitted to 
24the county agency and local municipal police department or the 
25Pennsylvania State Police within 48 hours after the oral report.
26[For purposes of]

27(b) Uniformed police officers.--A police officer acting
28under section 6504.1 (relating to accepting newborns by
29uniformed police officer at police station) shall:

30(1) notify the county agency by telephone regarding a

1newborn accepted by an officer under this chapter; and

2(2) submit a written report to the county agency and the
3officer's police department within 48 hours after
4notification under paragraph (1).

5(c) Definition.--As used in this section, the term "health 
6care provider" [shall include] includes administrative, 
7managerial and security personnel employed by a hospital.

8§ 6507. Immunity [granted to health care providers and
9hospitals].

10Except for a violation of section 6506 (relating to failure 
11to report acceptance of newborns), no hospital [or], health care 
12provider at a hospital or police officer shall be subject to 
13civil liability or criminal penalty solely by reason of 
14complying with the provisions of this chapter.

15§ 6509. Duties of department.

16The department shall provide educational materials for use by 
17hospitals, health care providers [and], employees at hospitals 
18and police officers regarding this chapter, section 6315(a)(3) 
19(relating to taking child into protective custody) and other 
20applicable provisions of Chapter 63 (relating to child 
21protective services) that relate to newborn protection. The 
22department shall promulgate such regulations as may be necessary 
23to implement this chapter, section 6315(a)(3) and other 
24applicable provisions of Chapter 63 that relate to newborn 
25protection. The department shall also provide health care 
26providers [and], hospitals, the Pennsylvania State Police and 
27municipal police departments with an informational pamphlet 
28regarding this chapter, section 6315(a)(3) and other applicable 
29provisions of Chapter 63 that relate to newborn protection which 
30may be distributed to the public. In addition, the department 

1shall comply with the provisions regarding infant abandonment in 
2sections 6365 (relating to services for prevention, 
3investigation and treatment of child abuse) and 6383 (relating 
4to education and training). A report shall be made annually to 
5the General Assembly on the number and disposition of newborns 
6accepted in accordance with this chapter, section 6315(a)(3) and 
7other applicable provisions of Chapter 63 that relate to newborn 
8protection.

9Section 9. This act shall take effect in 60 days.