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.