§ 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.
(4) Subject to this section and after receipt of a court order, the county agency shall
take a child into protective custody for protection from abuse. No county agency worker
may take custody of the child without judicial authorization based on the merits of
the situation.
(5) By a police officer at a police station under Chapter 65.
(6) By an emergency services provider on the grounds of an entity that employs or otherwise
provides access to the emergency services provider under Chapter 65.
(7) By a health care provider as defined in section 6502 (relating to definitions) at
an urgent care center under Chapter 65.
(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; Apr. 15, 2014, P.L.417, No.33, eff. Dec. 31, 2014; July 2, 2014, P.L.843,
No.91, eff. 60 days; Dec. 22, 2017, P.L.1219, No.68, eff. 60 days; Oct. 31, 2024,
P.L.1124, No.134, eff. 60 days)
2024 Amendment. Act 134 added subsec. (a)(7).
2017 Amendment. Act 68 added subsec. (a)(6).
2014 Amendments. Act 33 added subsec. (a)(4) and Act 91 added subsec. (a)(5).
2002 Amendment. Act 201 amended subsecs. (a) and (c).
Cross References. Section 6315 is referred to in sections 6313, 6316, 6318, 6375, 6504, 6504.1, 6504.2,
6504.4, 6508, 6509 of this title.
Notes of Decisions
B.S. Ex Rel. T.S. v. Somerset Cnty., 704 F.3d 250 (3rd Cir. 2013).
· cites it 7× “” 23 Pa.C.S. § 6315. The hearing is held to determine: whether [the child’s] detention or shelter care is required under section 6325 (relating to detention of child), whether to allow the child to remain in the home would be contrary to the welfare of the child .”
Bayer v. Monroe Cnty. Child. & Youth Servs., 577 F.3d 186 (3rd Cir. 2009).
· cites it 3× “According to defendants, at the time of these events the Monroe County Court of Common Pleas did not make judges available on weekends to handle emergency dependency petitions, despite its apparent obligation under 23 Pa. Cons.Stat. Ann. § 6315(b) (West 2001 & Supp.”
Brown v. Daniels, 290 F. App'x 467 (3rd Cir. 2008).
· cites it 6× “In its written opinion and order denying Appellants’ motion for reconsideration, the District Court explained that it had granted Appellee’s motion based on its conclusion that Appellants had failed to present sufficient evidence to support a finding that them son had been taken…”
In the Interest of R.M., 790 A.2d 300 (Pa. 2002).
· cites it 4× “See 23 Pa.C.S. § 6315©(requiring that the agency must convene a conference with the parents, "within 48 hours of the time that the child is taken into custody,” for the purposes, inter alia, of informing the parents of the child's whereabouts, expediting his return to his…”
Patterson v. Armstrong Cnty. Child. & Youth Servs., 141 F. Supp. 2d 512 (W.D. Pa. 2001).
· cites it 2× “The Juvenile Act, 42 Pa.C.S. §§ 6301-6365 The Juvenile Act is concerned not only with children who might be abused or neglected but also with delinquent children, and its stated purposes are: (1) To preserve the unity of the family whenever possible or to provide another…”
In re M.L., 757 A.2d 849 (Pa. 2000).
“See 23 Pa.C.S. § 6315. . In this case, the trial court determined that M.”
In the Interest of: M.Y.C., Appeal of: Y.L.C., 230 A.3d 500 (Pa. Super. Ct. 2020).
“CYS may take a child into protective custody under the CPSL “for protection from abuse,” 23 Pa.C.S. § 6315(a)(4), or pursuant to the Juvenile Act, when a court determines “that to allow the child to remain in the home is contrary to the welfare of the child,” 42 Pa.”
In Re Rm, 790 A.2d 300 (Pa. 2002).
· cites it 4× “[6] See 23 Pa.C.S. § 6315(b) (prescribing that "[n]o child may be held in protective custody for more than 24 hours unless the appropriate county agency .”
Smith v. Marlino (E.D. Pa. 2023).
· cites it 4× “Marlino 6 Based on the plain language, 23 Pa. C.S. § 6315(a)(4) applies to a county agency, not individuals.”
In the Interest of: M.Y.C., Appeal of: Y.L.C., 2020 Pa. Super. 61 (Pa. Super. Ct. 2020).
“CYS may take a child into protective custody under the CPSL “for protection from abuse,” 23 Pa.C.S. § 6315(a)(4), or pursuant to the Juvenile Act, when a court determines “that to allow the child to remain in the home is contrary to the welfare of the child,” 42 Pa.”
In Re: Order Amending Rules 163, 195, 512 & 1147 & Adopting Rules 148, 1146 & 1148 of Juv Ct Pro (Pa. 2018).
· cites it 2× “5 When a child, juvenile, or minor is not under the court’s supervision, the juvenile probation officer, as a duly authorized officer, may take a child, juvenile, or minor into custody pursuant to the Child Protective Services Law (CPSL), 23 Pa.C.S. § 6315 and the Juvenile Act,…”
LeBar v. Bahl, 245 F. App'x 219 (3rd Cir. 2007).
· cites it 2× “In support of that determination, the District Court noted that defendants provided evidence that conclusively demonstrated that they informed LeBar of the agency’s action in taking his daughter into protective custody within the initial 24 hour period, as required by 23 Pa.…”
— 23 Pa. Cons. Stat. § 6315(1) — 1 case
B.S. Ex Rel. T.S. v. Somerset Cnty., 704 F.3d 250 (3rd Cir. 2013).
“” 23 Pa.C.S. § 6315. The hearing is held to determine: whether [the child’s] detention or shelter care is required under section 6325 (relating to detention of child), whether to allow the child to remain in the home would be contrary to the welfare of the child .”
— 23 Pa. Cons. Stat. § 6315(a) — 1 case
Patterson v. Armstrong Cnty. Child. & Youth Servs., 141 F. Supp. 2d 512 (W.D. Pa. 2001).
“The Juvenile Act, 42 Pa.C.S. §§ 6301-6365 The Juvenile Act is concerned not only with children who might be abused or neglected but also with delinquent children, and its stated purposes are: (1) To preserve the unity of the family whenever possible or to provide another…”
— 23 Pa. Cons. Stat. § 6315(a)(1) — 1 case
B.S. Ex Rel. T.S. v. Somerset Cnty., 704 F.3d 250 (3rd Cir. 2013).
“” 23 Pa.C.S. § 6315. The hearing is held to determine: whether [the child’s] detention or shelter care is required under section 6325 (relating to detention of child), whether to allow the child to remain in the home would be contrary to the welfare of the child .”
— 23 Pa. Cons. Stat. § 6315(a)(4) — 5 cases
In the Interest of: M.Y.C., Appeal of: Y.L.C., 230 A.3d 500 (Pa. Super. Ct. 2020).
“CYS may take a child into protective custody under the CPSL “for protection from abuse,” 23 Pa.C.S. § 6315(a)(4), or pursuant to the Juvenile Act, when a court determines “that to allow the child to remain in the home is contrary to the welfare of the child,” 42 Pa.”
In the Interest of: M.Y.C., Appeal of: Y.L.C., 2020 Pa. Super. 61 (Pa. Super. Ct. 2020).
“CYS may take a child into protective custody under the CPSL “for protection from abuse,” 23 Pa.C.S. § 6315(a)(4), or pursuant to the Juvenile Act, when a court determines “that to allow the child to remain in the home is contrary to the welfare of the child,” 42 Pa.”
Smith v. Marlino (E.D. Pa. 2023).
“Marlino 6 Based on the plain language, 23 Pa. C.S. § 6315(a)(4) applies to a county agency, not individuals.”
— 23 Pa. Cons. Stat. § 6315(b) — 5 cases
Bayer v. Monroe Cnty. Child. & Youth Servs., 577 F.3d 186 (3rd Cir. 2009).
“According to defendants, at the time of these events the Monroe County Court of Common Pleas did not make judges available on weekends to handle emergency dependency petitions, despite its apparent obligation under 23 Pa. Cons.Stat. Ann. § 6315(b) (West 2001 & Supp.”
In the Interest of R.M., 790 A.2d 300 (Pa. 2002).
“See 23 Pa.C.S. § 6315©(requiring that the agency must convene a conference with the parents, "within 48 hours of the time that the child is taken into custody,” for the purposes, inter alia, of informing the parents of the child's whereabouts, expediting his return to his…”
In Re Rm, 790 A.2d 300 (Pa. 2002).
“[6] See 23 Pa.C.S. § 6315(b) (prescribing that "[n]o child may be held in protective custody for more than 24 hours unless the appropriate county agency .”
Smith v. Marlino (E.D. Pa. 2023).
“Marlino 6 Based on the plain language, 23 Pa. C.S. § 6315(a)(4) applies to a county agency, not individuals.”
— 23 Pa. Cons. Stat. § 6315(c) — 5 cases
In the Interest of R.M., 790 A.2d 300 (Pa. 2002).
“See 23 Pa.C.S. § 6315©(requiring that the agency must convene a conference with the parents, "within 48 hours of the time that the child is taken into custody,” for the purposes, inter alia, of informing the parents of the child's whereabouts, expediting his return to his…”
In Re Rm, 790 A.2d 300 (Pa. 2002).
“[6] See 23 Pa.C.S. § 6315(b) (prescribing that "[n]o child may be held in protective custody for more than 24 hours unless the appropriate county agency .”
Smith v. Marlino (E.D. Pa. 2023).
“Marlino 6 Based on the plain language, 23 Pa. C.S. § 6315(a)(4) applies to a county agency, not individuals.”
LeBar v. Bahl, 245 F. App'x 219 (3rd Cir. 2007).
“In support of that determination, the District Court noted that defendants provided evidence that conclusively demonstrated that they informed LeBar of the agency’s action in taking his daughter into protective custody within the initial 24 hour period, as required by 23 Pa.…”
— 23 Pa. Cons. Stat. § 6315(d) — 10 cases
Bayer v. Monroe Cnty. Child. & Youth Servs., 577 F.3d 186 (3rd Cir. 2009).
“According to defendants, at the time of these events the Monroe County Court of Common Pleas did not make judges available on weekends to handle emergency dependency petitions, despite its apparent obligation under 23 Pa. Cons.Stat. Ann. § 6315(b) (West 2001 & Supp.”
B.S. Ex Rel. T.S. v. Somerset Cnty., 704 F.3d 250 (3rd Cir. 2013).
“” 23 Pa.C.S. § 6315. The hearing is held to determine: whether [the child’s] detention or shelter care is required under section 6325 (relating to detention of child), whether to allow the child to remain in the home would be contrary to the welfare of the child .”
In the Interest of R.M., 790 A.2d 300 (Pa. 2002).
“See 23 Pa.C.S. § 6315©(requiring that the agency must convene a conference with the parents, "within 48 hours of the time that the child is taken into custody,” for the purposes, inter alia, of informing the parents of the child's whereabouts, expediting his return to his…”
Patterson v. Armstrong Cnty. Child. & Youth Servs., 141 F. Supp. 2d 512 (W.D. Pa. 2001).
“The Juvenile Act, 42 Pa.C.S. §§ 6301-6365 The Juvenile Act is concerned not only with children who might be abused or neglected but also with delinquent children, and its stated purposes are: (1) To preserve the unity of the family whenever possible or to provide another…”
Brown v. Daniels, 290 F. App'x 467 (3rd Cir. 2008).
“In its written opinion and order denying Appellants’ motion for reconsideration, the District Court explained that it had granted Appellee’s motion based on its conclusion that Appellants had failed to present sufficient evidence to support a finding that them son had been taken…”
— 23 Pa. Cons. Stat. § 6315(e) — 1 case
Brown v. Daniels, 290 F. App'x 467 (3rd Cir. 2008).
“In its written opinion and order denying Appellants’ motion for reconsideration, the District Court explained that it had granted Appellee’s motion based on its conclusion that Appellants had failed to present sufficient evidence to support a finding that them son had been taken…”
— 23 Pa. Cons. Stat. § 6315(f) — 2 cases
In Re Rm, 790 A.2d 300 (Pa. 2002).
“[6] See 23 Pa.C.S. § 6315(b) (prescribing that "[n]o child may be held in protective custody for more than 24 hours unless the appropriate county agency .”
Smith v. Marlino (E.D. Pa. 2023).
“Marlino 6 Based on the plain language, 23 Pa. C.S. § 6315(a)(4) applies to a county agency, not individuals.”
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