§ 4306 — Newborn protection

Pennsylvania § 4306

• Jurisdiction: Pennsylvania
• Title 18: CRIMES AND OFFENSES
• Part: PART II
• Ch. 43: OFFENSES AGAINST THE FAMILY
• Subch.: DEFINITION OF OFFENSES GENERALLY

Text

(a) General rule.--A parent of a newborn shall not be criminally liable for any violation of this title solely for leaving a newborn in the care of a hospital, a health care provider at an urgent care center under 23 Pa.C.S. Ch. 65 (relating to newborn protection), a police officer at a police station pursuant to 23 Pa.C.S. Ch. 65 or an emergency services provider on the grounds of an entity employing the emergency services provider or otherwise providing access to the emergency services provider pursuant to 23 Pa.C.S. Ch. 65 if the following criteria are met:

(1) The parent expresses, either orally or through conduct, the intent to have the hospital, the health care provider at the urgent care center, police officer or emergency services provider accept the newborn pursuant to 23 Pa.C.S. Ch. 65.

(2) The newborn is not a victim of child abuse or criminal conduct.

(a.1) Incubator.--A parent of a newborn shall not be criminally liable for any violation of this title solely for leaving a newborn in an incubator if the newborn is not a victim of child abuse or criminal conduct and the incubator is located:

(1) at a hospital;

(2) at a police station pursuant to 23 Pa.C.S. Ch. 65;

(3) on the grounds of an entity employing the emergency services provider or otherwise providing access to the emergency services provider pursuant to 23 Pa.C.S. Ch. 65; or

(4) at an urgent care center.

(b) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Child abuse."As defined in 23 Pa.C.S. § 6303(b.1) (relating to definitions).

"Emergency services provider."An emergency medical responder, emergency medical technician, advanced emergency medical technician or a paramedic as defined in 35 Pa.C.S. § 8103 (relating to definitions).

"Health care provider."As defined in 23 Pa.C.S. § 6502 (relating to definitions).

"Newborn."As defined in 23 Pa.C.S. § 6502.

"Police department."A public agency of a political subdivision having general police powers and charged with making arrests in connection with the enforcement of criminal or traffic laws.

"Police officer."A full-time or part-time employee assigned to criminal or traffic law enforcement duties of a police department of a county, city, borough, town or township. The term also includes a member of the State Police Force.

"Police station."The station or headquarters of a police department or a Pennsylvania State Police station or headquarters.

"Urgent care center."As defined in section 2 of the act of November 2, 2016 (P.L.976, No.122), known as the Safe Emergency Prescribing Act.

Legislative History

(Dec. 9, 2002, P.L.1549, No.201, eff. 60 days; July 2, 2014, P.L.843, No.91, eff. 60 days; Dec. 22, 2017, P.L.1219, No.68; Oct. 31, 2024, P.L.1124, No.134, eff. 60 days) 2017 Amendment.Section 7(2) of Act 68 provided that the addition of subsec. (a.1) shall take effect 120 days after the publication in the Pennsylvania Bulletin of the promulgation of final regulations under 23 Pa.C.S. § 6504.3(c). Cross References.Section 4306 is referred to in sections 6503, 6504.2, 6504.4 of Title 23 (Domestic Relations).