PRINTER'S NO. 2676
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1899
Session of
2017
INTRODUCED BY McCLINTON, BULLOCK, DERMODY, CHARLTON,
SCHLOSSBERG, GALLOWAY, DAVIS, V. BROWN, TOEPEL, MILLARD,
KINSEY, O'BRIEN, WARD, READSHAW, KIRKLAND, DAVIDSON, MOUL,
DONATUCCI AND ROZZI, NOVEMBER 6, 2017
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, NOVEMBER 6, 2017
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in child protective services, further
providing for mandatory reporting of children under one year
of age.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6386 of Title 23 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 6386. Mandatory reporting of children under one year of age
and certain other children.
(a) When report to be made.--A health care provider shall
immediately make a report or cause a report to be made to the
appropriate county agency if the provider is involved in the
delivery or care of a child under one year of age who is born
and identified as being affected by any of the following:
(1) Illegal substance abuse by the child's mother.
(2) Withdrawal symptoms, including neonatal abstinence
syndrome, resulting from prenatal [drug] exposure [unless the
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child's mother, during the pregnancy, was:
(i) under the care of a prescribing medical
professional; and
(ii) in compliance with the directions for the
administration of a prescription drug as directed by the
prescribing medical professional.] to heroin, an opioid
drug or any other illegal substance.
(3) A Fetal Alcohol Spectrum Disorder.
(4) Withdrawal symptoms from prenatal exposure to a
prescription drug, unless during pregnancy the child's mother
was:
(i) under the primary care and treatment of a
prescribing health care provider; and
(ii) in compliance with prescribing directions for
the administration of the prescription drug as directed
by the prescribing health care provider.
(a.1) Mandatory reporting applicable to all children.--A
health care provider or first responder organization shall
immediately make a report or cause a report to be made to the
appropriate county agency if the health care provider or first
responder renders emergency medical service, including the
administration of Naloxone, for a heroin or an opioid overdose
or an overdose resulting from the use of another illegal
substance by a parent of a child under 18 years of age or by any
other individual residing in the parent's household.
(b) Safety or risk assessment.--The county agency shall
perform a safety assessment or risk assessment, or both, for the
child and determine whether child protective services or general
protective services are warranted.
(c) County agency duties.--Upon receipt of a report under
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this section, the county agency for the county where the child
resides shall:
(1) Immediately ensure the safety of the child and see
the child immediately if emergency protective custody is
required or has been or shall be taken or if it cannot be
determined from the report whether emergency protective
custody is needed.
(2) Physically see the child within 48 hours of receipt
of the report.
(3) Contact the parents of the child within 24 hours of
receipt of the report.
(4) Provide or arrange reasonable services to ensure the
child is provided with proper parental care, control and
supervision.
(5) When an overdose is confirmed as a result of a
report submitted under subsection (a.1), immediately see the
child to determine if emergency protective custody is
required to ensure that the health, safety and general well-
being of the child is protected.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"First responder organization." The term shall include the
following:
(1) A volunteer fire or rescue company or emergency
medical services provider located in this Commonwealth.
(2) Law enforcement personnel of this Commonwealth,
including Pennsylvania State Police troopers.
"Illegal substance." A controlled substance, designer drug
or narcotic drug as those terms are defined in section 2 of the
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act of April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act.
"Neonatal abstinence syndrome." A group of health problems
that occur in an infant who was exposed to opioid drugs in
vitro, including, but not limited to, heroin, codeine,
oxycodone, methadone or buprenorphine.
"Opioid drug." The term shall include any of the following:
(1) A preparation or derivative of opium.
(2) A synthetic narcotic that has opiate-like effects
but is not derived from opium.
(3) A group of naturally occurring peptides that bind at
or otherwise influence opiate receptors, including an opioid
agonist.
"Overdose." The term shall include:
(1) The consumption, ingestion, inhalation, application
or use of an illegal substance in violation of the applicable
provisions of The Controlled Substance, Drug, Device and
Cosmetic Act in an amount or under circumstances which may
result in severe toxicity or death.
(2) The consumption, ingestion, injection, inhalation,
application or use of an illegal substance which has been
processed, cut, prepared or otherwise mixed with another
illegal substance or prescription drug in violation of the
applicable provisions of The Controlled Substance, Drug,
Device and Cosmetic Act in an amount or under circumstances
which may result in severe toxicity or death.
(3) The consumption, ingestion, inhalation, application
or use of a prescription drug in a manner not recommended by
or in quantities greater than prescribed by a health care
provider which may result in severe toxicity or death.
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"Prescription drug." A drug as defined under section 2 of
The Controlled Substance, Drug, Device and Cosmetic Act.
Section 2. This act shall take effect in 60 days.
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