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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BROWNE, BOSCOLA, ORIE, ALLOWAY, O'PAKE, ERICKSON, COSTA, WOZNIAK, EARLL, WASHINGTON, FOLMER, RAFFERTY AND FERLO, MARCH 2, 2009 |
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| REFERRED TO JUDICIARY, MARCH 2, 2009 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, providing for interagency |
3 | information sharing. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 42 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a section to read: |
8 | § 6352.2. Interagency information sharing. |
9 | (a) General rule.--The contents of county agency, drug and |
10 | alcohol, mental health and education records regarding a child |
11 | who is the subject of an open child protective services or |
12 | general protective services investigation, who is alleged to be |
13 | dependent, who has been accepted for service by a county agency, |
14 | who has been placed under supervision under an informal |
15 | adjustment or consent decree, who has been found to have |
16 | committed a delinquent act or who has been found to be dependent |
17 | or delinquent shall be provided, upon request, to the county |
18 | agency, court or juvenile probation department, under and except |
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1 | as prohibited by the following: |
2 | (1) This chapter. |
3 | (2) Section 5944 (relating to confidential |
4 | communications to psychiatrists or licensed psychologists). |
5 | (3) The act of November 29, 1990 (P.L.585, No.148), |
6 | known as the Confidentiality of HIV-Related Information Act. |
7 | (4) The act of July 9, 1976 (P.L.817, No.143), known as |
8 | the Mental Health Procedures Act. |
9 | (5) The act of February 13, 1970 (P.L.19, No.10), |
10 | entitled "An act enabling certain minors to consent to |
11 | medical, dental and health services, declaring consent |
12 | unnecessary under certain circumstances." |
13 | (6) Federal law, including the Health Insurance |
14 | Portability and Accountability Act of 1996 (Public Law |
15 | 104-191, 110 Stat. 1936) and the procedures, limitations and |
16 | criteria set forth in regulations adopted by the Department |
17 | of Health and Human Services relating to the confidentiality |
18 | of drug and alcohol records. |
19 | (b) Sharing of information.-- |
20 | (1) The county agency, court or juvenile probation |
21 | department shall, in accordance with the procedures |
22 | established under this section, use the information contained |
23 | in the records in furtherance of a disposition under this |
24 | chapter of the child who is the subject of the records. |
25 | Unless otherwise prohibited by this chapter or by the |
26 | statutes or regulations listed under subsection (a)(2), (3), |
27 | (4), (5) and (6), the information contained in the records |
28 | may, notwithstanding any other provision of law, be shared |
29 | among authorized representatives of the county agency, court |
30 | and juvenile probation department in furtherance of a |
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1 | disposition under this chapter of the child, or, if no child- |
2 | specific or other confidential information is disclosed, in |
3 | furtherance of efforts to identify and provide services to |
4 | children who are determined to be at risk of child abuse, |
5 | parental neglect or initial or additional delinquent |
6 | behavior. |
7 | (2) Unless otherwise prohibited under this chapter or by |
8 | the statutes or regulations listed under subsection (a)(2), |
9 | (3), (4), (5) and (6), the information under paragraph (1) |
10 | may also be shared with other agencies or entities if there |
11 | is a specific need to do so. The information shall be shared |
12 | for the limited purposes set forth under this section under |
13 | an interagency information-sharing agreement developed under |
14 | subsection (c) or upon order of court or the written consent |
15 | of the parent or guardian of the child who is the subject of |
16 | the records or any person otherwise having the authority to |
17 | consent to the sharing of the information. |
18 | (c) Interagency information sharing agreements.-- |
19 | (1) Subject to approval of the court and the |
20 | requirements of this chapter and the statutes and regulations |
21 | listed under subsection (a)(2), (3), (4), (5) and (6), an |
22 | interagency information sharing agreement may be developed in |
23 | each county between the county agency, juvenile probation |
24 | department, local law enforcement agencies, mental health |
25 | agencies, drug and alcohol agencies, local school districts, |
26 | and other agencies and entities as deemed appropriate, to |
27 | enhance the coordination of case management services to and |
28 | the supervision of children who have been accepted for |
29 | service by a county agency, who are being supervised under an |
30 | informal adjustment or a consent decree, who have been found |
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1 | to have committed a delinquent act or who have been found to |
2 | be dependent or delinquent, and to enhance the coordination |
3 | of efforts to identify children who may be at risk of child |
4 | abuse, parental neglect or initial or additional delinquent |
5 | behavior and to provide services to these children and their |
6 | families. Any such agreement shall be signed by the chief |
7 | executive officers of the entities referred to in this |
8 | section as well as the public defender's office and guardian |
9 | ad litem in each county and shall be submitted to the court |
10 | for approval. |
11 | (2) All interagency information sharing agreements |
12 | shall, at a minimum, do all of the following: |
13 | (i) Provide that information will be shared under |
14 | this chapter and the statutes or regulations listed under |
15 | subsection (a)(1), (2), (3), (4), (5) and (6) to enhance |
16 | the coordination of case management services to and the |
17 | supervision of children who have been found to be |
18 | dependent or delinquent, who are being supervised under |
19 | an informal adjustment or a consent decree, who have been |
20 | found to have committed a delinquent act or who have been |
21 | accepted for service by a county agency, and to enhance |
22 | the coordination of efforts to identify children who may |
23 | be at risk of child abuse, parental neglect or initial or |
24 | additional delinquent behavior and to provide services to |
25 | these children and their families. |
26 | (ii) Provide that, whenever possible, the preferred |
27 | method for obtaining authorization to share confidential |
28 | information shall be upon the written, informed consent |
29 | of the person authorized under applicable law to consent |
30 | to the release of information after that person has been |
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1 | provided a full understanding of the circumstances under |
2 | which and with whom the information will be shared. In |
3 | counties that do not have agencies with primary |
4 | responsibility for representing delinquent or dependent |
5 | children, the court shall designate lawyers with |
6 | experience in representing these children to satisfy the |
7 | requirements of this subparagraph. |
8 | (iii) Set forth the specific activities in which the |
9 | signatories and their representatives will engage, either |
10 | collectively or individually, in furtherance of the |
11 | purposes of the agreement. |
12 | (iv) Prohibit the release of information shared |
13 | under this agreement with other parties, except as |
14 | otherwise required or permitted by statute. |
15 | Section 2. This act shall take effect in 60 days. |
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