Pennsylvania § 6386 Restraints, labor and postpartum recovery

Pennsylvania Statutes

§ 6386 — Restraints, labor and postpartum recovery

Pennsylvania § 6386

JurisdictionPennsylvania

Title 42JUDICIARY AND JUDICIAL PROCEDURE

PartPART VI

Ch. 63JUVENILE MATTERS

Subch.PREGNANT OR POSTPARTUM RESTRICTIONS, TRAINING,

This text of Pennsylvania § 6386 (Restraints, labor and postpartum recovery) is published on Counsel Stack Legal Research, covering Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

42 Pa. Cons. Stat. § 6386 (2026).

Text

(a)Restraints.--

(1)No restraints shall be used on any child who meets any of the following unless the facility has a reasonable belief that the child will harm the child, the child's newborn or another individual or pose a substantial risk of imminent flight:

(i)Is in any stage of pregnancy, labor or delivery.

(ii)Has given birth within the last 30 days and is in postpartum recovery.

(iii)Is being transported to a medical facility as a result of any conditions under subparagraph (i) or (ii).

(2)If restraints are used, the staff ordering the use of restraints on a child shall submit a written report to the individual in charge of the facility within 72 hours following the use of the restraints, containing the justification for restraining the child during postpartum recovery. Th

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(a) Restraints.--

(1) No restraints shall be used on any child who meets any of the following unless the facility has a reasonable belief that the child will harm the child, the child's newborn or another individual or pose a substantial risk of imminent flight:

(i) Is in any stage of pregnancy, labor or delivery.

(ii) Has given birth within the last 30 days and is in postpartum recovery.

(iii) Is being transported to a medical facility as a result of any conditions under subparagraph (i) or (ii).

(2) If restraints are used, the staff ordering the use of restraints on a child shall submit a written report to the individual in charge of the facility within 72 hours following the use of the restraints, containing the justification for restraining the child during postpartum recovery. The report shall also be sent to the department.

(b) Specific requirements regarding restraints.--If restraint is applied under subsection (a), the following apply:

(1) At no time shall the child be left unattended by facility staff with the ability to release the restraint should a release become medically necessary.

(2) The facility staff accompanying the child shall promptly remove all restraints upon request of a health care professional.

(3) Leg or waist restraints shall not be used on any child who is in labor.

(c) Least restrictive restraint.--When a restraint is permitted under this section, a facility shall use the least restrictive restraint necessary.

(d) Postdelivery bonding period.--Subject to hospital policy, following the delivery of a newborn, the department shall permit the newborn to remain with the child at the hospital for up to 72 hours unless a health care professional has a reasonable belief that the newborn remaining with the child poses a health or safety risk to the newborn.

(e) Nutritional and hygiene products.--During the 72-hour period under subsection (d), the facility shall make available the necessary nutritional and hygiene products to care for the newborn.