PRINTER'S NO. 2153
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1766
Session of
2023
INTRODUCED BY HANBIDGE, HOHENSTEIN, KINSEY, MADDEN, SANCHEZ,
RABB, HILL-EVANS, SHUSTERMAN, N. NELSON, CERRATO AND GREEN,
OCTOBER 17, 2023
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, OCTOBER 17, 2023
AN ACT
Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
act to consolidate, editorially revise, and codify the public
welfare laws of the Commonwealth," in departmental powers and
duties as to licensing, further providing for regulations and
for violation and penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1021(a) of the act of June 13, 1967
(P.L.31, No.21), known as the Human Services Code, is amended by
adding a paragraph to read:
Section 1021. Regulations.--(a) * * *
(3) Regulations for state institutions, as defined in
section 901, shall include the following provisions:
(i) Except as provided under subparagraph (iii), the use of
seclusion for any child may not exceed four hours in any twenty-
four-hour period without a written court order.
(ii) A person operating a facility that fails to obtain a
court order under this paragraph prior to seclusion shall be
subject to the violations under section 1031.
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(iii) A seclusion that exceeds four hours shall be supported
by facility documentation that describes the child's conduct
requiring seclusion and efforts made by staff to end seclusion.
(iv) If a child is secluded, the facility shall make a
mental health counselor or social worker available to the child
as part of the facility's efforts to end seclusion prior to the
lapse of the four-hour period.
Section 2. Section 1031(a) introductory paragraph of the act
is amended to read:
Section 1031. Violation; Penalty.--(a) Any person operating
a facility within this Commonwealth without a license required
by this act or who violates section 1021(a)(3), shall upon
conviction be sentenced as follows:
* * *
Section 3. This act shall take effect in 60 days.
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