PRIOR PRINTER'S NO. 696 PRINTER'S NO. 925
No. 654 Session of 2001
INTRODUCED BY HELFRICK, WOZNIAK, PICCOLA, COSTA, TILGHMAN, KUKOVICH, M. WHITE, O'PAKE, EARLL, BODACK, MURPHY, TARTAGLIONE, RHOADES, THOMPSON, BELL, DENT, HOLL AND KASUNIC, MARCH 19, 2001
AS AMENDED ON SECOND CONSIDERATION, APRIL 24, 2001
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, further providing for endangering 3 welfare of children; and providing for certain civil 4 immunity. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Section 4304 of Title 18 of the Pennsylvania 8 Consolidated Statutes is amended to read: 9 § 4304. Endangering welfare of children. 10 (a) Offense defined.--[A] Except as provided in subsection 11 (c), a parent, guardian, or other person supervising the welfare 12 of a child under 18 years of age commits an offense if he 13 knowingly endangers the welfare of the child by violating a duty 14 of care, protection or support. 15 (b) Grading.--An offense under this section constitutes a 16 misdemeanor of the first degree. However, where there is a 17 course of conduct of endangering the welfare of a child, the 18 offense constitutes a felony of the third degree.
1 (c) Safe haven delivery.--A parent who delivers a newborn to 2 a safe haven shall not be prosecuted for violation of this 3 section. 4 (d) Duties of hospitals.--A hospital which offers emergency 5 services shall admit and provide all necessary medical care, 6 diagnostic tests and medical treatment to a newborn brought to 7 the hospital pursuant to subsection (c). 8 (e) Duties of safe havens.-- <-- 9 (1) (E) DUTIES OF SAFE HAVENS.-- <-- 10 (1) A SAFE HAVEN SHALL IMMEDIATELY NOTIFY BY TELEPHONE 11 THE COUNTY CHILDREN AND YOUTH AGENCY IN THE COUNTY WHERE THE 12 NEWBORN WAS RECEIVED. 13 (2) Delivery of a newborn to a safe haven shall be 14 construed as immediate consent for the county agency of the 15 county in which the newborn is delivered under subsection (c) 16 to assume custody of the newborn for directing medical care 17 and treatment and the newborn shall be considered immediately 18 eligible for Medicaid for payment of medical services 19 provided. 20 (2) A safe haven shall provide or transport a newborn <-- 21 (3) A SAFE HAVEN SHALL IMMEDIATELY PROVIDE OR TRANSPORT <-- 22 A NEWBORN delivered under subsection (c) to a facility where 23 the newborn can receive immediate APPROPRIATE medical care or <-- 24 treatment. 25 (3) (4) A safe haven shall post signs to identify itself <-- 26 as a safe haven at or near entrances used by the public. The <-- 27 size, contents and placement of the signs shall be developed 28 by the Department of Public Welfare through interim 29 guidelines, which shall remain in effect for one year from 30 the effective date of this subsection. Thereafter, the 20010S0654B0925 - 2 -
1 department shall promulgate regulations governing the size, 2 contents and placement of such signs. 3 (f) Immunity from civil liability.-- 4 (1) A person who performs medical care, diagnostic 5 testing or medical treatment shall be immune from civil 6 liability for having performed the care described in this 7 section. 8 (2) Nothing in this subsection shall be construed to 9 limit liability for gross negligence or willful, wanton or 10 reckless misconduct. 11 (g) Nonrelinquishing parent's rights.--The rights and duties <-- 12 of parents and safe havens and the procedures used for actions 13 pursuant to this section shall be governed by 23 Pa.C.S. Ch. 25 14 (relating to proceedings prior to petition to adopt). 15 (G) PROCEDURE.--CARE, CUSTODY AND CONTROL OF THE NEWBORN <-- 16 SHALL BE GOVERNED BY 42 PA.C.S. CH. 63 (RELATING TO JUVENILE 17 MATTERS). 18 (h) Definitions.--As used in this section, the following 19 words and phrases shall have the meanings given to them in this 20 subsection: 21 "County agency." A county children and youth social service 22 agency established pursuant to section 405 of the act of June 23 24, 1937 (P.L.2017, No.396), known as the County Institution 24 District Law, and supervised by the Department of Public Welfare 25 under Article IX of the act of June 13, 1967 (P.L.31, No.21), 26 known as the Public Welfare Code. 27 "Hospital." As defined in section 802.1 of the act of July 28 19, 1979 (P.L.130, No.48), known as the Health Care Facilities 29 Act. 30 "Newborn." A child less than 30 days old. 20010S0654B0925 - 3 -
1 "Safe haven." A hospital or a police department as defined <-- 2 in 53 Pa.C.S. § 2162 (relating to definitions). 3 Section 2. This act shall take effect in 60 days. C12L18DMS/20010S0654B0925 - 4 -