61 Pa. C.S. § 5708

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 5708 - Reports relating to pregnant or postpartum child
(a)Requirement.--A facility shall, in writing, report to the department on each restraint applied to a pregnant, laboring or postpartum child in the facility's custody. The following apply:
(1) The report shall note the number and type of restraints.
(2) The provisions of this subsection shall apply to any person tasked with transporting or housing a pregnant or postpartum child.
(b) Contents of report.--Reports of each restraint or placement of a child as required under subsection (a) must include the following:
(1) The circumstances that led to the determination that the child represented a substantial risk of imminent flight.
(2) The circumstances that led to the determination that other extraordinary medical or security circumstances dictated that the child be restrained to ensure the safety and security of the child, the staff of the facility or medical facility, another child or the public.
(3) The date and time restraints were applied, and the length of time the child was kept in restraints.
(4) The number and type of restraints used.
(5) Any physical effects on the child or the unborn baby of a child resulting from placement in the restraints.
(c)Staff presence during labor.--If staff presence is required, staff shall accommodate the child's stated preference regarding the gender of the staff to be present in the room during the examination, labor or delivery of the pregnant child, except in cases of exigent circumstances as determined by the facility director or designee.
(d)Availability of reports.--The nonidentifying data contained in the reports submitted to the department shall be posted on the department's publicly accessible Internet website annually. No identifying information, such as names or dates of birth, shall be posted.

61 Pa.C.S. § 5708

Added by P.L. TBD 2023 No. 47,§ 2, eff. 6/11/2024.