§ 6387. Reports relating to pregnant or postpartum child.

377 words·~2 min read·/pa/title-42/chapter-63/6387

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(a)Requirement.-- Within 30 days after the end of a fiscal year, a facility shall, in writing, annually report to the department on each restraint applied to a pregnant, laboring or postpartum child in the facility's custody. The following apply:

(1)The report shall note the number and type of restraints applied.

(2)The provisions of this subsection shall apply to any person tasked with transporting or housing a pregnant, laboring or postpartum child. In the case of any use of restraints on a pregnant, laboring or postpartum child by an individual or entity that is not employed by the facility but is transporting the child on behalf of the facility, the individual or entity shall report the restraint to the facility in a reasonable amount of time after the incident occurs.

(b)Contents of report.-- Reports of each restraint or placement of a child as required under subsection

(a)must include the following:

(1)The circumstances that led to the determination that the child represented a substantial risk of imminent flight.

(2)The circumstances that led to the determination that other extraordinary medical or security circumstances dictated that the child be restrained to ensure the safety and security of the child, the staff of the facility or medical facility, another child or the public.

(3)The date and time restraints were applied and the length of time the child was kept in restraints.

(4)The number and type of restraints used.

(5)Any physical effects on the child or the unborn baby of a child resulting from placement in the restraints.

(c)Staff presence during labor.-- If staff presence is required, staff shall accommodate the child's stated preference regarding the gender of the staff to be present in the room during the examination, labor or delivery of the pregnant child, except in cases of exigent circumstances as determined by the facility director or designee.

(d)Availability of reports.-- The nonidentifying data contained in the reports submitted to the department shall be posted on the department's publicly accessible Internet website annually. No identifying information, such as names or dates of birth, shall be posted.

42c6387v

Cross References. Section 6387 is referred to in section 6382 of this title.