PRIOR PRINTER'S NOS. 1793, 2009 PRINTER'S NO. 2141
No. 1346 Session of 2000
INTRODUCED BY HART, HELFRICK, WOZNIAK, EARLL, TILGHMAN, WHITE,
THOMPSON, DENT, PICCOLA AND KUKOVICH, MARCH 21, 2000
SENATOR TILGHMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED,
SEPTEMBER 26, 2000
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for endangering
3 welfare of children.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 4304 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 4304. Endangering welfare of children.
9 (a) Offense defined.--[A] Except as provided in subsection
10 (c), a parent, guardian, or other person supervising the welfare
11 of a child under 18 years of age commits an offense if he
12 knowingly endangers the welfare of the child by violating a duty
13 of care, protection or support.
14 (b) Grading.--An offense under this section constitutes a
15 misdemeanor of the first degree. However, where there is a
16 course of conduct of endangering the welfare of a child, the
17 offense constitutes a felony of the third degree.
1 (c) Exception.--This section shall not apply to a parent who
2 voluntarily delivers and relinquishes that parent's duty of
3 care, protection or support of a child who is less than one
4 month of age to a safe haven.
5 (d) Liability.--
6 (1) A hospital which offers emergency services shall
7 admit and provide all necessary medical care, diagnostic
8 tests and medical treatment to a newborn infant brought to
9 the hospital pursuant to safe haven delivery.
10 (2) Delivery of a newborn to a safe haven constitutes
11 immediate consent for the State COUNTY AGENCY to assume <--
12 custody of the newborn for directing medical care and
13 treatment and the newborn shall be considered immediately
14 eligible for Medicaid for payment of medical services
15 provided.
16 (3) A person performing medical care, diagnostic testing
17 or medical treatment shall be immune from civil liability for
18 having performed the care described in this subsection.
19 (4) Nothing in this subsection shall limit liability for
20 gross negligence or willful, wanton or reckless conduct.
21 (e) Nonrelinquishing parent's rights.--
22 (1) If one parent of a newborn has relinquished custody
23 of the child under 23 Pa.C.S. Ch. 25 Subch A (relating to
24 voluntary relinquishment), the other parent or an agency as
25 defined in 23 Pa.C.S. § 2102 (relating to definitions) may
26 file an action for custody of the child under 23 Pa.C.S. §
27 2511 (relating to grounds for involuntary termination).
28 (2) If a nonrelinquishing parent inquires at a hospital
29 concerning a child whose custody was relinquished to the
30 hospital, the hospital shall provide to that parent a written
20000S1346B2141 - 2 -
1 statement of the parent's rights under 23 Pa.C.S. § 2511.
2 (f) Definitions.--As used in this section, the following
3 words and phrases shall have the meanings given to them in this
4 subsection:
5 "COUNTY AGENCY." THE COUNTY CHILDREN AND YOUTH SOCIAL <--
6 SERVICE AGENCY ESTABLISHED PURSUANT TO SECTION 405 OF THE ACT OF
7 JUNE 24, 1937 (P.L.2017, NO.396), KNOWN AS THE COUNTY
8 INSTITUTION DISTRICT LAW, AND SUPERVISED BY THE DEPARTMENT OF
9 PUBLIC WELFARE UNDER ARTICLE IX OF THE ACT OF JUNE 13, 1967
10 (P.L.31, NO.21), KNOWN AS THE PUBLIC WELFARE CODE.
11 "Newborn." A child less than one month old.
12 "Safe haven." Any of the following:
13 (1) A hospital, as defined in section 802.1 of the act
14 of July 19, 1979 (P.L.130, No.48), known as the Health Care
15 Facilities Act.
16 (2) A police department, as defined in 53 Pa.C.S. § 2162
17 (relating to definitions).
18 (3) A facility, including a church as defined pursuant
19 to the Internal Revenue Code of 1986 (Public Law 99-514, 26
20 U.S.C.§ 1 et seq.) that has specifically designated itself as
21 a safe haven for the purpose of accepting newborns under this
22 subsection.
23 Section 2. This act shall take effect in 60 days.
C14L18DMS/20000S1346B2141 - 3 -