Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 63 - Child Protective Services
Section 6316 - Admission to private and public hospitals


(a) General rule.--Children appearing to suffer any physical or mental condition which may constitute child abuse shall be admitted to, treated and maintained in facilities of private and public hospitals on the basis of medical need and shall not be refused or deprived in any way of proper medical treatment and care.
(a.1) Newborns.--A newborn taken into protective custody pursuant to section 6315(a)(3) or (5) (relating to taking child into protective custody) shall be admitted to, treated and maintained in facilities of public and private hospitals on the basis of medical need and shall not be refused or deprived in any way of proper medical treatment and care. Once a newborn is taken into protective custody pursuant to section 6315(a)(3) or (5), the newborn shall be considered immediately eligible for Medicaid for payment of medical services provided. Until otherwise provided by court order, the county agency shall assume the responsibility for making decisions regarding the newborn's medical care.
(b) Failure of hospital to admit child or newborn.--The failure of a hospital to admit and properly treat and care for a child pursuant to subsection (a) or (a.1) shall be cause for the department to order immediate admittance, treatment and care by the hospital which shall be enforceable, if necessary, by the prompt institution of a civil action by the department. The child, through an attorney, shall also have the additional and independent right to seek immediate injunctive relief and institute an appropriate civil action for damages against the hospital.
(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Dec. 9, 2002, P.L.1549, No.201, eff. 60 days; July 2, 2014, P.L.843, No.91, eff. 60 days)

2014 Amendment. Act 91 amended subsec. (a.1).
2002 Amendment. Act 201 amended subsec. (b) and added subsec. (a.1).
Cross References. Section 6316 is referred to in sections 6313, 6318 of this title.

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 23 - DOMESTIC RELATIONS

Chapter 63 - Child Protective Services

Extra - Chapter Notes

Section 6301 - Short title of chapter

Section 6302 - Findings and purpose of chapter

Section 6303 - Definitions

Section 6304 - Exclusions from child abuse

Section 6305 - Electronic reporting

Section 6306 - Regulations

Section 6311 - Persons required to report suspected child abuse

Section 6311.1 - Privileged communications

Section 6312 - Persons encouraged to report suspected child abuse

Section 6313 - Reporting procedure

Section 6314 - Photographs, medical tests and X-rays of child subject to report

Section 6315 - Taking child into protective custody

Section 6316 - Admission to private and public hospitals

Section 6317 - Mandatory reporting and postmortem investigation of deaths

Section 6318 - Immunity from liability

Section 6319 - Penalties

Section 6320 - Protection from employment discrimination

Section 6331 - Establishment of Statewide database

Section 6332 - Establishment of Statewide toll-free telephone number

Section 6333 - Continuous availability of department

Section 6334 - Disposition of complaints received

Section 6334.1 - Responsibility for investigation

Section 6335 - Access to information in Statewide database

Section 6336 - Information in Statewide database

Section 6337 - Disposition and expunction of unfounded reports and general protective services reports

Section 6338 - Disposition of founded and indicated reports

Section 6338.1 - Expunction of information of perpetrator who was under 18 years of age when child abuse was committed

Section 6339 - Confidentiality of reports

Section 6340 - Release of information in confidential reports

Section 6340.1 - Exchange of information

Section 6341 - Amendment or expunction of information

Section 6342 - Studies of data in records

Section 6343 - Investigating performance of county agency

Section 6343.1 - Citizen review panels

Section 6344 - Employees having contact with children; adoptive and foster parents

Section 6344.1 - Information relating to certified or licensed child-care home residents

Section 6344.2 - Volunteers having contact with children

Section 6344.3 - Continued employment or participation in program, activity or service

Section 6344.4 - Recertification

Section 6345 - Audits by Attorney General

Section 6346 - Cooperation of other agencies

Section 6347 - Reports to Governor and General Assembly

Section 6348 - Regulations

Section 6349 - Penalties

Section 6361 - Organization for child protective services

Section 6362 - Responsibilities of county agency for child protective services

Section 6363 - County plan for protective services

Section 6364 - Purchasing services of other agencies

Section 6365 - Services for prevention, investigation and treatment of child abuse

Section 6366 - Continuous availability to receive reports

Section 6367 - Reports to department and coroner

Section 6368 - Investigation of reports

Section 6369 - Taking child into protective custody (Repealed)

Section 6370 - Voluntary or court-ordered services; findings of child abuse

Section 6371 - Rehabilitative services for child and family

Section 6372 - Protecting well-being of children maintained outside home

Section 6373 - General protective services responsibilities of county agency

Section 6374 - Principles and goals of general protective services

Section 6375 - County agency requirements for general protective services

Section 6376 - Appeals with respect to general protective services

Section 6377 - Caseloads

Section 6378 - Purchase of services

Section 6381 - Evidence in court proceedings

Section 6382 - Guardian ad litem for child in court proceedings (Repealed)

Section 6383 - Education and training

Section 6384 - Legislative oversight

Section 6385 - Reimbursement to county agencies

Section 6386 - Notification to department and development of plan of safe care for children under one year of age

Section 6387 - Pandemic of 2020

Section 6388 - Task Force on Child Pornography