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PRINTER'S NO. 846
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
773
Session of
2019
INTRODUCED BY McCLINTON, STEPHENS, READSHAW, T. DAVIS, STURLA,
McNEILL, HILL-EVANS, BARRAR, MILLARD, B. MILLER, MASSER,
NEILSON, SAPPEY, BERNSTINE, MURT, KINSEY, DEASY, OTTEN,
TOOHIL, HEFFLEY, DeLUCA AND STRUZZI, MARCH 11, 2019
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, MARCH 11, 2019
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in child protective services, further
providing for notification to department and development of
plan of safe care for 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, amended June 28, 2018 (P.L.375, No.54),
is amended to read:
ยง 6386. Notification to department and development of plan of
safe care for children under one year of age and
certain other children.
(a) Notification to department.--For the purpose of
assessing a child and the child's family for a plan of safe
care, a health care provider shall immediately give notice or
cause notice to be given to the department if the provider is
involved in the delivery or care of a child under one year of
age and the health care provider has determined, based on
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standards of professional practice, the child was born affected
by any of the following:
(1) [substance] Substance use or withdrawal symptoms,
including neonatal abstinence syndrome, resulting from
prenatal [drug] exposure[; or] to heroin, an opioid drug or
any other illegal substance.
(2) [a] 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.
[(a.1)] (a.2) Notification not to constitute child abuse
report.--The notification by a health care provider to the
department and any transmittal to the county agency by the
department shall not constitute a child abuse report.
[(b.1) Development of interagency protocols and plan of safe
care.--The department, in collaboration with the Department of
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Health and the Department of Drug and Alcohol Programs, shall
develop written protocols that include, but are not limited to:
(1) Definitions and evidence-based screening tools,
based on standards of professional practice, to be utilized
by health care providers to identify a child born affected by
substance use or withdrawal symptoms resulting from prenatal
drug exposure or a fetal alcohol spectrum disorder.
(2) Notification to the department that a child born
affected by substance use or withdrawal symptoms resulting
from prenatal drug exposure or a fetal alcohol spectrum
disorder has been born and identified. Ongoing involvement of
the county agency after taking into consideration the
individual needs of the child and the child's parents and
immediate caregivers may not be required.
(3) Collection of data to meet Federal and State
reporting requirements.
(4) Identification, informed by an assessment of the
needs of the child and the child's parents and immediate
caregivers, of the most appropriate lead agency responsible
for developing, implementing and monitoring a plan of safe
care, informed by a multidisciplinary team meeting that is
held prior to the child's discharge from the health care
facility, which may include:
(i) public health agencies;
(ii) maternal and child health agencies;
(iii) home visitation programs;
(iv) substance use disorder prevention and treatment
providers;
(v) mental health providers;
(vi) public and private children and youth agencies;
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(vii) early intervention and developmental services;
(viii) courts;
(ix) local education agencies;
(x) managed care organizations and private insurers;
and
(xi) hospitals and medical providers.
(5) Engagement of the child's parents and immediate
caregivers in order to identify the need for access to
treatment for any substance use disorder or other physical or
behavioral health condition that may impact the safety, early
childhood development and well-being of the child.]
(d) County agency duties.--Upon receipt of a report under
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-
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being of the child is protected.
(e) 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
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
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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.
"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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