PRIOR PRINTER'S NOS. 696, 925 PRINTER'S NO. 1045
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 THIRD CONSIDERATION, MAY 22, 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
5 (C) SAFE HAVEN DELIVERY.--THE ACT OF LEAVING A NEWBORN IN AN <--
6 APPROPRIATE LOCATION AT OR WITH STAFF, AN EMPLOYEE, CONTRACTOR
7 OR AGENT OF A SAFE HAVEN, WHICH ACT IS PERFORMED IN A MANNER
8 THAT DOES NOT ENDANGER THE WELFARE OF THE NEWBORN, SHALL NOT BE
9 A BASIS OF PROSECUTION UNDER THIS SECTION.
10 (D) GENERAL DUTY OF SAFE HAVEN.--A SAFE HAVEN which offers
11 emergency services shall admit and provide all necessary medical
12 care, diagnostic tests and medical treatment to a newborn
13 brought to the hospital SAFE HAVEN pursuant to subsection (c). <--
14 (e) Duties SPECIFIC DUTIES of safe havens.-- <--
15 (1) A safe haven shall immediately notify by telephone
16 the county children and youth agency in the county where the
17 newborn was received.
18 (2) Delivery of a newborn to LEAVING A NEWBORN AT a safe <--
19 haven shall be construed as immediate consent for the county
20 agency of the county in which the newborn is delivered under
21 subsection (c) to assume custody of the newborn for directing
22 medical care and treatment and the newborn shall be
23 considered immediately eligible for Medicaid for payment of
24 medical services provided.
25 (3) A safe haven shall immediately provide or transport
26 a newborn delivered LEFT under subsection (c) to a facility <--
27 where the newborn can receive appropriate medical care or
28 treatment.
29 (4) A safe haven shall post signs to identify itself as
30 a safe haven at or near entrances used by the public.
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1 (f) Immunity from civil liability.--
2 (1) A person who performs medical care, diagnostic
3 testing or medical treatment shall be immune from civil
4 liability for having performed the care described in this
5 section.
6 (2) Nothing in this subsection shall be construed to
7 limit liability for gross negligence or willful, wanton or
8 reckless misconduct.
9 (g) Procedure.--Care, custody and control of the newborn
10 shall be governed by 42 Pa.C.S. Ch. 63 (relating to juvenile
11 matters).
12 (h) Definitions.--As used in this section, the following
13 words and phrases shall have the meanings given to them in this
14 subsection:
15 "County agency." A county children and youth social service
16 agency established pursuant to section 405 of the act of June
17 24, 1937 (P.L.2017, No.396), known as the County Institution
18 District Law, and supervised by the Department of Public Welfare
19 under Article IX of the act of June 13, 1967 (P.L.31, No.21),
20 known as the Public Welfare Code.
21 "Hospital." As defined in section 802.1 of the act of July <--
22 19, 1979 (P.L.130, No.48), known as the Health Care Facilities
23 Act.
24 "Newborn." A child less than 30 days old.
25 "Safe haven." A hospital as defined in 53 Pa.C.S. § 2162 <--
26 (relating to definitions) SECTION 802.1 OF THE ACT OF JULY 19, <--
27 1979 (P.L.130, NO.48), KNOWN AS THE HEALTH CARE FACILITIES ACT.
28 Section 2. This act shall take effect in 60 days.
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