PRIOR PRINTER'S NO. 1592
PRINTER'S NO. 3231
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1475
Session of
2021
INTRODUCED BY KRAJEWSKI, ROZZI, GUZMAN, BURGOS, KINSEY,
D. WILLIAMS, FREEMAN, ISAACSON, DELLOSO, T. DAVIS, LEE,
SANCHEZ, FIEDLER, MERSKI, CIRESI, N. NELSON, SIMS, FRANKEL,
YOUNG, MADDEN, SHUSTERMAN, KINKEAD, BULLOCK, STURLA, WARREN,
O'MARA, McCLINTON, RABB, SCHEMEL, RAPP AND BONNER,
MAY 21, 2021
AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES,
AS AMENDED, JUNE 13, 2022
AN ACT
Amending the act of June 29, 1953 (P.L.304, No.66), entitled "An
act providing for the administration of a statewide system of
vital statistics; prescribing the functions of the State
Department of Health, the State Advisory Health Board and
local registrars; imposing duties upon coroners,
prothonotaries, clerks of orphans' court, physicians,
midwives and other persons; requiring reports and
certificates for the registration of vital statistics;
regulating the disposition of dead bodies; limiting the
disclosure of records; prescribing the sufficiency of vital
statistics records as evidence; prescribing fees and
penalties; and revising and consolidating the laws relating
thereto," in records, providing for records, disclosure for
case management, further providing for records, fees for
copies and providing for records, age to obtain copies. AND
FOR FEES FOR COPIES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 29, 1953 (P.L.304, No.66), known
as the Vital Statistics Law of 1953, is amended by adding a
section read:
Section 805.1. Records: Disclosure for Case Management.--(a)
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The department may disclose information or data from vital
statistics records or parts thereof to an individual or
organization that provides case management services to foster
youth, homeless youth or justice involved youth if the
individual or organization shows identification and evidence of
the individual's or organization's relationship with and
involved youth. The individuals and organizations may include,
but are not limited to, social service professionals, juvenile
justice professionals, child welfare workers, community umbrella
agencies and community-based organizations providing case
management services. BEFORE OBTAINING VITAL STATISTICS RECORDS
JUSTICE INVOLVED YOUTH, A PERSON OR AN ORGANIZATION THAT
YOUTH OR JUSTICE INVOLVED YOUTH, INCLUDING A SOCIAL SERVICE
PROFESSIONAL, JUVENILE JUSTICE PROFESSIONAL, CHILD WELFARE
WORKER, COMMUNITY UMBRELLA AGENCY OR COMMUNITY-BASED
ORGANIZATION, SHALL PROVIDE PROOF OF A DIRECT INTEREST IN THE
CONTENT OF THE RECORDS TO THE DEPARTMENT UNDER SECTION 804
(RELATING TO RECORDS; DISCLOSURE OF OTHER RECORDS).
(B) THE SIGNATURE, PRESENCE OR PERMISSION FROM A PARENT OR
GUARDIAN SHALL NOT BE REQUIRED TO OBTAIN VITAL STATISTICS
JUSTICE INVOLVED YOUTH UNDER SUBSECTION (A).
SHALL RETAIN OWNERSHIP OF THE VITAL STATISTICS RECORDS
INFORMATION AND DOCUMENTS OBTAINED ON THE YOUTH'S BEHALF BY A
PERSON OR AN ORGANIZATION UNDER SUBSECTION (A).
(D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT
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OBTAINING COPIES OF THE YOUTH'S OWN VITAL STATISTICS RECORDS OR
PARTS THEREOF. THE SIGNATURE, PRESENCE OR PERMISSION FROM A
HOMELESS YOUTH OR JUSTICE INVOLVED YOUTH TO OBTAIN COPIES OF THE
YOUTH'S OWN VITAL STATISTICS RECORDS OR PARTS THEREOF.
(E) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ABROGATE
THE RIGHTS OF A PARENT OR GUARDIAN OF A YOUTH WHO DOES NOT MEET
INVOLVED YOUTH UNDER SUBSECTION (F).
(F) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THIS
INVOLVED YOUTH WHO IS SIXTEEN (16) OR SEVENTEEN (17) YEARS OF
AGE.
(b) (G) 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:
WHO IS SIXTEEN (16) OR SEVENTEEN (17) years of age, or if a
court retains dependency jurisdiction under 42 Pa.C.S. § 6351(j)
(relating to disposition of dependent child) an individual up to
twenty-one (21) years of age, who is:
(1) under the care and responsibility of the Commonwealth
and is placed in foster care, as defined in 45 CFR 1355.20
(relating to definitions), under 42 Pa.C.S. § 6351 or 6352
(relating to disposition of delinquent child); or
(2) placed under a voluntary placement agreement under 55
Pa. Code § 3130.65 (relating to voluntary placement agreement).
"Homeless youth" shall have the same meaning as the term
"unaccompanied youth" "HOMELESS CHILDREN AND YOUTHS" under the
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McKinney-Vento Homeless Assistance Act (Public Law 100-77, 101
Stat. 482) , AS AMENDED, (42 U.S.C. § 11434A) .
"Justice involved youth" shall mean an individual under
eighteen (18) WHO IS SIXTEEN (16) OR SEVENTEEN (17) years of age
AND who is alleged or adjudicated delinquent, incarcerated or
involved in the juvenile justice system. The term includes , but
is not limited to, an individual under eighteen (18) WHO IS
SIXTEEN (16) OR SEVENTEEN (17) years of age AND who is:
(1) detained or under community supervision by a juvenile
court;
(2) receiving counseling from a probation officer or court
counselor;
(3) residing in shelter care, as defined in 42 Pa.C.S. §
6302 (relating to definitions);
(4) residing in a place of detention under 42 Pa.C.S. § 6327
(relating to place of detention);
(5) residing in a juvenile detention center or facility, a
training school, a jail or a prison; or
(6) residing in a correctional facility, a residential
treatment center or a facility designed or operated for the
benefit of delinquent children, as defined in 42 Pa.C.S. § 6302.
Section 2. Section 807 of the act is amended by adding
subsections A SUBSECTION to read:
Section 807. Records: Fees for Copies.--* * *
(d) No fee shall be charged for certified copies of VITAL
STATISTICS records or parts of records THEREOF furnished to , OR
youth UNDER SECTION 805.1 . The signature or presence of or
permission from a parent or guardian shall not be required to
obtain the copies.
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(e) 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:
years of age, or if a court retains dependency jurisdiction
under 42 Pa.C.S. § 6351(j) (relating to disposition of dependent
child) an individual up to twenty-one (21) years of age, who is:
(1) under the care and responsibility of the Commonwealth
and is placed in foster care, as defined in 45 CFR 1355.20
(relating to definitions), under 42 Pa.C.S. § 6351 or 6352
(relating to disposition of delinquent child); or
(2) placed under a voluntary placement agreement under 55
Pa. Code § 3130.65 (relating to voluntary placement agreement).
"Homeless youth" shall have the same meaning as the term
"unaccompanied youth" under the McKinney-Vento Homeless
Assistance Act (Public Law 100-77, 101 Stat. 482).
"Justice involved youth" shall mean an individual under
eighteen (18) years of age who is alleged or adjudicated
delinquent, incarcerated or involved in the juvenile justice
system. The term includes, but is not limited to, an individual
under eighteen (18) years of age who is:
(1) detained or under community supervision by a juvenile
court;
(2) receiving counseling from a probation officer or court
counselor;
(3) residing in shelter care, as defined in 42 Pa.C.S. §
6302 (relating to definitions);
(4) residing in a place of detention under 42 Pa.C.S. § 6327
(relating to place of detention);
(5) residing in a juvenile detention center or facility, a
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training school, a jail or a prison; or
(6) residing in a correctional facility, a residential
treatment center or a facility designed or operated for the
benefit of delinquent children, as defined in 42 Pa.C.S. § 6302.
Section 3. The act is amended by adding a section to read:
Section 807.1. Records: Age to Obtain Copies.--An individual
twelve (12) years of age or older shall be eligible to apply for
and obtain copies of vital statistics records or parts thereof.
The signature or presence of or permission from a parent or
guardian shall not be required to obtain the copies.
SECTION 3. THE FOLLOWING SHALL APPLY:
(1) WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS
SECTION, THE DEPARTMENT OF HEALTH SHALL TRANSMIT A NOTICE TO
THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN THE
PENNSYLVANIA BULLETIN. THE NOTICE SHALL STATE ALL OF THE
FOLLOWING:
(I) THE REQUIREMENTS FOR A PERSON OR AN ORGANIZATION
TO PROVIDE PROOF OF DIRECT INTEREST UNDER THE ADDITION OF
SECTION 805.1(A) OF THE ACT.
(II) THE PROCEDURES AND FORMS FOR A PERSON OR AN
JUSTICE INVOLVED YOUTH, TO QUALIFY FOR AND OBTAIN VITAL
STATISTICS RECORDS OR PARTS THEREOF WITHOUT FEE UNDER THE
ADDITION OF SECTION 807(D) OF THE ACT.
(III) THE REQUIREMENTS RELATING TO PRIVACY AND
PROTECTION OF VITAL STATISTICS RECORDS OR PARTS THEREOF,
INCLUDING PROTECTION FROM ACCESS, FOR A PERSON OR AN
JUSTICE INVOLVED YOUTH.
(IV) ANY OTHER INFORMATION DEEMED NECESSARY BY THE
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DEPARTMENT OF HEALTH.
(2) THE DEPARTMENT OF HEALTH SHALL TRANSMIT UPDATES FOR
THE NOTICE TO THE LEGISLATIVE REFERENCE BUREAU FOR
PUBLICATION IN THE PENNSYLVANIA BULLETIN AS DEEMED NECESSARY.
(3) THE DEPARTMENT OF HEALTH SHALL PUBLISH THE NOTICE
AND UPDATES TO THE NOTICE ON ITS PUBLICLY ACCESSIBLE INTERNET
WEBSITE.
Section 4. This act shall take effect in 60 days.
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