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<-] or a police 
15officer at a police station pursuant to 23 Pa.C.S. Ch. 65
16(relating to newborn protection) providing that the following

1criteria are met:

2(1) The parent expresses, either orally or through
3conduct, the intent to have the hospital or police <-station 
<-4officer accept the newborn pursuant to 23 Pa.C.S. Ch. 65.

5* * *

6(b) Definition.--As used in this section, the [term
7"newborn" shall have the meaning given to it in 23 Pa.C.S. § 
86502 (relating to definitions) and "child abuse" shall be as]
9following words and phrases shall have the meanings given to 
10them in this subsection unless the context clearly indicates 
11otherwise:

12"Child abuse." As defined in 23 Pa.C.S. § 6303(b) (relating
13to definitions).

14"Newborn." As defined in 23 Pa.C.S. § 6502 (relating to
15definitions.

<-16"Police department." A public agency of a political
17subdivision having general police powers and charged with making
18arrests in connection with the enforcement of the criminal or
19traffic laws.

20"Police officer." A full-time or part-time employee assigned
21to criminal or traffic law enforcement duties of a police
22department of a county, city, borough, town or township. The
23term also includes a member of the State Police Force.

24"Police station." The station or headquarters of a police
25department or a Pennsylvania State Police station or
26headquarters.

27Section 2. Section 6303(a) of Title 23 is amended by adding
<-28a definition definitions to read:

29§ 6303. Definitions.

30(a) General rule.--The following words and phrases when used

1in this chapter shall have the meanings given to them in this
2section unless the context clearly indicates otherwise:

3* * *

<-4"Police officer." A law enforcement member of the
5Pennsylvania State Police or a municipal police force.

<-6"Police department." A public agency of a political
7subdivision having general police powers and charged with making
8arrests in connection with the enforcement of the criminal or
9traffic laws.

10"Police officer." A full-time or part-time employee assigned
11to criminal or traffic law enforcement duties of a police
12department of a county, city, borough, town or township. The
13term also includes a member of the State Police Force.

14"Police station." The station or headquarters of a police
15department or a Pennsylvania State Police station or
16headquarters.

17* * *

18Section 3. Section 6315(a) of Title 23 is amended by adding
19a paragraph to read:

20§ 6315. Taking child into protective custody.

21(a) General rule.--A child may be taken into protective
22custody:

23* * *

24(4) By a police officer at a police station under
25Chapter 65.

26* * *

27Section 4. Section 6316(a.1) of Title 23 is amended to read:

28§ 6316. Admission to private and public hospitals.

29* * *

30(a.1) Newborns.--A newborn taken into protective custody

1pursuant to section 6315(a)(3) or (4) (relating to taking child
2into protective custody) shall be admitted to, treated and
3maintained in facilities of public and private hospitals on the
4basis of medical need and shall not be refused or deprived in
5any way of proper medical treatment and care. Once a newborn is
6taken into protective custody pursuant to section 6315(a)(3) or 
7(4), the newborn shall be considered immediately eligible for
8Medicaid for payment of medical services provided. Until
9otherwise provided by court order, the county agency shall
10assume the responsibility for making decisions regarding the
11newborn's medical care.

12* * *

13Section 5. The definition of "health care provider" in
14section 6502 of Title 23 is amended and the section is amended
15by adding <-a definition definitions to read:

16§ 6502. Definitions.

17The following words and phrases when used in this chapter
18shall have the meanings given to them in this section unless the
19context clearly indicates otherwise:

20* * *

21"Health care provider." A person who is licensed or
22certified by the laws of this Commonwealth to administer health
23care in the ordinary course of business or practice of a
24profession. For purposes of accepting a newborn as provided in
25section 6504(a)(1) (relating to accepting newborns) and for
26immunity provided pursuant to section 6507 (relating to immunity
27[granted to health care providers and hospitals]), the term
28includes administrative, managerial and security personnel and
29any other person employed by a hospital.

30* * *

<-1"Police officer." A law enforcement member of the
2Pennsylvania State Police or a municipal police force.

<-3"Police department." A public agency of a political
4subdivision having general police powers and charged with making
5arrests in connection with the enforcement of the criminal or
6traffic laws.

7"Police officer." A full-time or part-time employee assigned
8to criminal or traffic law enforcement duties of a police
9department of a county, city, borough, town or township. The
10term also includes a member of the State Police Force.

11"Police station." The station or headquarters of a police
12department or a Pennsylvania State Police station or
13headquarters.

14Section 6. Section 6504(a)(1) and (b) of Title 23 are
15amended to read:

16§ 6504. [Accepting<-] Health care providers accepting newborns.

17(a) General rule.--A health care provider at a hospital
18shall do all of the following relating to a newborn accepted
19under this chapter:

20(1) Take the newborn into protective custody as provided
21in section 6315(a)(3) (relating to taking child into
22protective custody) or 6504.1(a)(2) (relating to <-accepting 
23newborns by uniformed police officer at police station <-police 
24officers accepting newborns).

25* * *

26(b) Accepting newborns.--When [accepting] a health care 
27provider accepts a newborn pursuant to this chapter, a parent or 
<-28uniformed police officer may provide a health care provider with
29information about the newborn's medical history and any
30identifying information.

1Section 7. Title 23 is amended by adding a section to read:

2§ 6504.1. <-Accepting newborns by uniformed police officer at
3police station <-Police officers accepting newborns.

4(a) Duties.--A <-uniformed police officer at a police station
5shall do all of the following relating to a newborn accepted
6under this chapter:

7(1) Take the newborn into protective custody under
8section 6315(a)(4) (relating to taking child into protective
9custody).

10(2) <-Take the newborn to the hospital and place Ensure
11the newborn is transported to a hospital and placed into the
12care of a health care provider under section 6504 (relating
13to accepting newborns).

<-14(3) Notify the county agency under section 6505
15(relating to reporting acceptance of newborns).

16(b) Information.--When a <-uniformed police officer accepts a
17newborn pursuant to this chapter, a parent may provide the
<-18uniformed police officer with information about the newborn's
19medical history and any identifying information.

20Section 8. Sections 6505, 6507 and 6509 of Title 23 are
21amended to read:

22§ 6505. Reporting acceptance of newborns.

<-23[A] (a) Health care providers.--Unless subsection (b)
24applies, a health care provider at a hospital shall [in all
25cases] notify the county agency and the local municipal police
26department or the Pennsylvania State Police where no municipal
27police jurisdiction exists immediately by telephone regarding a
28newborn accepted by a hospital under this chapter. [A] Unless
29subsection (b) applies, a written report shall be submitted to
30the county agency and local municipal police department or the

1Pennsylvania State Police within 48 hours after the oral report.
2[For purposes of]

3(b) Uniformed police officers.--A police officer acting
4under section 6504.1 (relating to accepting newborns by
5uniformed police officer at police station) shall:

6(1) notify the county agency by telephone regarding a
7newborn accepted by an officer under this chapter; and

8(2) submit a written report to the county agency and the
9officer's police department within 48 hours after
10notification under paragraph (1).

11(c) Definition.--As used in this section, the term "health
12care provider" [shall include] includes administrative,
13managerial and security personnel employed by a hospital.

<-14A health care provider at a hospital shall in all cases 
15notify the county agency and the local municipal police 
16department or the Pennsylvania State Police where no municipal 
17police jurisdiction exists immediately by telephone regarding a 
18newborn accepted by a hospital under this chapter. A written 
19report shall be submitted to the county agency and local 
20municipal police department or the Pennsylvania State Police 
21within 48 hours after the oral report. This section applies in 
22the case of a hospital accepting a newborn pursuant to section 
236504.1(a)(2) (relating to police officers accepting newborns). 
24For purposes of this section, the term "health care provider" 
25shall include administrative, managerial and security personnel 
26employed by a hospital.

27§ 6507. Immunity [granted to health care providers and
28hospitals].

29Except for a violation of section 6506 (relating to failure 
30to report acceptance of newborns), no hospital [or], health care
 

1provider at a hospital or police department, police officer <-or 
2administrative or managerial personnel of a police department 
3shall be subject to civil liability or criminal penalty solely 
4by reason of complying with the provisions of this chapter.

5§ 6509. Duties of department.

6The department shall provide educational materials for use by 
7hospitals, health care providers [and], employees at hospitals 
8and police officers regarding this chapter, section 6315(a)(3) 
9(relating to taking child into protective custody) and other 
10applicable provisions of Chapter 63 (relating to child 
11protective services) that relate to newborn protection. The 
12department shall promulgate such regulations as may be necessary 
13to implement this chapter, section 6315(a)(3) and other 
14applicable provisions of Chapter 63 that relate to newborn 
15protection. The department shall also provide health care 
16providers [and], hospitals, the Pennsylvania State Police and 
<-17municipal police departments with an informational pamphlet 
18regarding this chapter, section 6315(a)(3) and other applicable 
19provisions of Chapter 63 that relate to newborn protection which 
20may be distributed to the public. In addition, the department 
21shall comply with the provisions regarding infant abandonment in 
22sections 6365 (relating to services for prevention, 
23investigation and treatment of child abuse) and 6383 (relating 
24to education and training). A report shall be made annually to 
25the General Assembly on the number and disposition of newborns 
26accepted in accordance with this chapter, section 6315(a)(3) and 
<-27(4) and other applicable provisions of Chapter 63 that relate to 
28newborn protection.

29Section 9. This act shall take effect in 60 days.