Pennsylvania Consolidated Statutes

23 Pa. Cons. Stat. § 6386 (2026)

Notification to department and development of plan of safe care for children under one year of age.

✓ current as of May 2026

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§ 6386. Notification to department and development of plan of safe care for children under one year of age.

(a) Notification to department.--For the purpose of assessing a child and the child's family for a plan of safe care, a health care provider shall immediately give notice or cause notice to be given to the department if the provider is involved in the delivery or care of a child under one year of age and the health care provider has determined, based on standards of professional practice, the child was born affected by:

(1) substance use or withdrawal symptoms resulting from prenatal drug exposure; or

(2) a Fetal Alcohol Spectrum Disorder.

(i) (Deleted by amendment).

(ii) (Deleted by amendment).

(3) (Deleted by amendment).

(a.1) Notification not to constitute child abuse report.--The notification by a health care provider to the department and any transmittal to the county agency by the department shall not constitute a child abuse report.

(b) Safety or risk assessment.--(Deleted by amendment).

(b.1) Development of interagency protocols and plan of safe care.--The department, in collaboration with the Department of Health and the Department of Drug and Alcohol Programs, shall develop written protocols that include, but are not limited to:

(1) Definitions and evidence-based screening tools, based on standards of professional practice, to be utilized by health care providers to identify a child born affected by substance use or withdrawal symptoms resulting from prenatal drug exposure or a fetal alcohol spectrum disorder.

(2) Notification to the department that a child born affected by substance use or withdrawal symptoms resulting from prenatal drug exposure or a fetal alcohol spectrum disorder has been born and identified. Ongoing involvement of the county agency after taking into consideration the individual needs of the child and the child's parents and immediate caregivers may not be required.

(3) Collection of data to meet Federal and State reporting requirements.

(4) Identification, informed by an assessment of the needs of the child and the child's parents and immediate caregivers, of the most appropriate lead agency responsible for developing, implementing and monitoring a plan of safe care, informed by a multidisciplinary team meeting that is held prior to the child's discharge from the health care facility, which may include:

(i) public health agencies;

(ii) maternal and child health agencies;

(iii) home visitation programs;

(iv) substance use disorder prevention and treatment providers;

(v) mental health providers;

(vi) public and private children and youth agencies;

(vii) early intervention and developmental services;

(viii) courts;

(ix) local education agencies;

(x) managed care organizations and private insurers; and

(xi) hospitals and medical providers.

(5) Engagement of the child's parents and immediate caregivers in order to identify the need for access to treatment for any substance use disorder or other physical or behavioral health condition that may impact the safety, early childhood development and well-being of the child.

(c) County agency duties.--(Deleted by amendment).

(Nov. 9, 2006, P.L.1358, No.146, eff. 180 days; Jan. 22, 2014, P.L.6, No.4, eff. 90 days; July 1, 2015, P.L.94, No.15, eff. imd.; June 28, 2018, P.L.375, No.54)

2018 Amendment. Section 4(3) of Act 54 provided that the amendment of section 6386 shall take effect after October 1, 2018.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2017–2022 · leading case: In the Interest of: L.J.B Appeal of: A.A.R., 199 A.3d 868 (Pa. 2018).

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In the Interest of: L.J.B Appeal of: A.A.R., 199 A.3d 868 (Pa. 2018). · cites it 5× “Mother timely appealed to this Court, and we granted review of the following issues: (1) Does [the CPSL] allow a mother be found a perpetrator of "child abuse" in the event she is a drug addict while her child is a fetus[?] (2) Is the intent of 23 Pa.C.S. § 6386 limited to…”

In the Interest of: L.B., a Minor, 177 A.3d 308 (Pa. Super. Ct. 2017). · cites it 2× “23 Pa.C.S. § 6386(a). -7- J-S62019-17 abuse, as identifying perpetrators of abuse serves to further protect children.”

In the Interest of: L.J.B., a Minor, 183 A.3d 971 (Pa. 2018). “allow a mother be found a perpetrator of "child abuse" in the event she is a drug addict while her child is a fetus[?] (2) Is the intent of 23 Pa.C.S. § 6386 limited to providing "protective services" to addicted newborns and their families and not so expansive to permit…”

Harrington v. Upmc (W.D. Pa. 2022). · cites it 3× “28 at 5 (quoting 23 Pa. C.S. § 6386 (amended effective Oct.”

In the Interest of: L.B., a Minor (Pa. Super. Ct. 2017). “See 23 Pa.C.S. § 6386 (requiring health care providers to report to the appropriate county agency instances of children who are under one year of age and affected by certain types of substance abuse and mandating the agency to conduct an assessment of risk to the child, ensure…”

— 23 Pa. Cons. Stat. § 6386(a) — 2 cases

In the Interest of: L.B., a Minor, 177 A.3d 308 (Pa. Super. Ct. 2017). “23 Pa.C.S. § 6386(a). -7- J-S62019-17 abuse, as identifying perpetrators of abuse serves to further protect children.”

Harrington v. Upmc (W.D. Pa. 2022). “28 at 5 (quoting 23 Pa. C.S. § 6386 (amended effective Oct.”

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