PRINTER'S NO. 275
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY VANCE, FONTANA, BROWNE, FERLO, WARD, PILEGGI, RAFFERTY, BREWSTER, SOLOBAY, ERICKSON, FOLMER, BAKER AND SCHWANK, JANUARY 30, 2013
REFERRED TO AGING AND YOUTH, JANUARY 30, 2013
9§ 6303. Definitions.
10* * *
11(b) Child abuse.--
3(iii) Any recent act, failure to act or series of
4such acts or failures to act by a perpetrator which
5creates an imminent risk of serious physical injury to or
6sexual abuse or sexual exploitation of a child under 18
7years of age.
8(iv) Serious physical neglect by a perpetrator
9constituting prolonged or repeated lack of supervision or
10the failure to provide essentials of life, including
11adequate medical care, which endangers a child's life or
12development or impairs the child's functioning.
13(1.1) It shall be considered child abuse if a child
14tests positive at birth for a controlled substance as defined
15in section 2 of the act of April 14, 1972 (P.L.233, No.64),
16known as The Controlled Substance, Drug, Device and Cosmetic
17Act, unless the child tests positive for a controlled
18substance as a result of the mother's lawful intake of the
19substance as prescribed.
20(2) No child shall be deemed to be physically or
21mentally abused based on injuries that result solely from
22environmental factors that are beyond the control of the
23parent or person responsible for the child's welfare, such as
24inadequate housing, furnishings, income, clothing and medical
26(3) If, upon investigation, the county agency determines
27that a child has not been provided needed medical or surgical
28care because of seriously held religious beliefs of the
29child's parents, guardian or person responsible for the
30child's welfare, which beliefs are consistent with those of a
1bona fide religion, the child shall not be deemed to be
2physically or mentally abused. The county agency shall
3closely monitor the child and shall seek court-ordered
4medical intervention when the lack of medical or surgical
5care threatens the child's life or long-term health. In cases
6involving religious circumstances, all correspondence with a
7subject of the report and the records of the Department of
8Public Welfare and the county agency shall not reference
9"child abuse" and shall acknowledge the religious basis for
10the child's condition, and the family shall be referred for
11general protective services, if appropriate.
12Section 2. This act shall take effect in 60 days.