2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 63 - Child Protective Services
6315 - Taking child into protective custody.

     § 6315.  Taking child into protective custody.
        (a)  General rule.--A child may be taken into protective
     custody:
            (1)  As provided by 42 Pa.C.S. § 6324 (relating to taking
        into custody).
            (2)  By a physician examining or treating the child or by
        the director, or a person specifically designated in writing
        by the director, of any hospital or other medical institution
        where the child is being treated if protective custody is
        immediately necessary to protect the child under this
        chapter.
            (3)  By a physician or the director, or a person
        specifically designated by the director, of a hospital
        pursuant to Chapter 65 (relating to newborn protection) if
        the child is a newborn.
        (b)  Duration of custody.--No child may be held in protective
     custody for more than 24 hours unless the appropriate county
     agency is immediately notified that the child has been taken
     into custody and the county agency obtains an order from a court
     of competent jurisdiction permitting the child to be held in
     custody for a longer period. Each court shall insure that a
     judge is available 24 hours a day, 365 days a year to accept and
     decide the actions brought by a county agency under this
     subsection within the 24-hour period.
        (c)  Notice of custody.--
            (1)  Except as provided in paragraph (2), an individual
        taking a child into protective custody under this chapter
        shall immediately, and within 24 hours in writing, notify the
        parent, guardian or other custodian of the child of the
        whereabouts of the child, unless prohibited by court order,
        and the reasons for the need to take the child into
        protective custody and shall immediately notify the
        appropriate county agency in order that proceedings under 42
        Pa.C.S. Ch. 63 (relating to juvenile matters) may be
        initiated, if appropriate.
            (2)  In the case of a newborn taken into protective
        custody pursuant to subsection (a)(3), the county agency
        shall within 24 hours make diligent efforts to notify a
        parent, guardian, custodian or other family member of the
        whereabouts of the newborn, unless prohibited by court order,
        and the reasons for the need to take the newborn into
        protective custody.
        (d)  Informal hearing.--In no case shall protective custody
     under this chapter be maintained longer than 72 hours without an
     informal hearing under 42 Pa.C.S. § 6332 (relating to informal
     hearing). If, at the hearing, it is determined that protective
     custody shall be continued and the child is alleged to be
     without proper parental care or control or is alleged to be a
     dependent child under 42 Pa.C.S. § 6302 (relating to
     definitions), the county agency shall within 48 hours file a
     petition with the court under 42 Pa.C.S. Ch. 63 alleging that
     the child is a dependent child.
        (e)  Place of detention.--No child taken into protective
     custody under this chapter may be detained during the protective
     custody except in an appropriate medical facility, foster home
     or other appropriate facility approved by the department for
     this purpose.
        (f)  Conference with parent or other custodian.--A conference
     between the parent, guardian or other custodian of the child
     taken into temporary protective custody pursuant to this section
     and the employee designated by the county agency to be
     responsible for the child shall be held within 48 hours of the
     time that the child is taken into custody for the purpose of:
            (1)  Explaining to the parent, guardian or other
        custodian the reasons for the temporary detention of the
        child and the whereabouts of the child, unless prohibited by
        court order.
            (2)  Expediting, wherever possible, the return of the
        child to the custody of the parent, guardian or other
        custodian where custody is no longer necessary.
            (3)  Explaining to the parent, guardian or other
        custodian the rights provided for under 42 Pa.C.S. §§ 6337
        (relating to right to counsel) and 6338 (relating to other
        basic rights).
     (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Dec. 9,
     2002, P.L.1549, No.201, eff. 60 days)

        2002 Amendment.  Act 201 amended subsecs. (a) and (c).
        Cross References.  Section 6315 is referred to in sections
     6316, 6318, 6369, 6375, 6504, 6508, 6509 of this title.