Pennsylvania HB 1384: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in juvenile matters, providing for confinement in juvenile treatment facilities.

Bill Text

PRINTER'S NO. 1889
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1384
Session of
2025
INTRODUCED BY KINKEAD, D. MILLER, KRAJEWSKI, RABB, HILL-EVANS,
NEILSON, HANBIDGE, MADDEN, HOHENSTEIN, SANCHEZ, KAZEEM,
CEPEDA-FREYTIZ, SCOTT, D. WILLIAMS, STEELE, SHUSTERMAN,
GREEN, O'MARA, CERRATO, WARREN, INGLIS, CARROLL, WAXMAN,
BOYD, BOROWSKI, FIEDLER, SCHWEYER, BURGOS, HOWARD AND MAYES,
JUNE 9, 2025
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 10, 2025
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in juvenile matters,
providing for confinement in juvenile treatment facilities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 6329. Confinement in juvenile treatment facilities.
(a) Limitation on room confinement.--
(1) A staff member from the Bureau of Juvenile Justice
Services within the Department of Human Services, the Bureau
of Human Services Licensing within the Department of Human
Services, a facility operated primarily for the detention of
children who have been adjudicated delinquent or any other
secure facility may not subject a child to room confinement
for the purposes of discipline, punishment, retaliation,
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coercion, convenience due to staffing shortages, efficiency
due to lack of administrative resources or any other reason
as a result of:
(i) a n adjudication of delinquency or disposition of
the child ; or
(ii) d etention of the child prior to the
adjudication of delinquency or disposition of the child.
(2) Paragraph (1) shall not apply if room confinement is
used as a temporary response to a child's behavior that poses
a serious and immediate risk of physical harm to the child or
another individual.
(b) Techniques.--Before a child is placed in room
confinement under this section, a staff member shall attempt to
use less restrictive techniques, including:
(1) Conversing with the child to de-escalate the serious
and immediate risk of physical harm to the child or another
individual.
(2) Permitting a qualified mental health professional to
converse with the child to de-escalate the serious and
immediate risk of physical harm to the child or another
individual.
(3) Moving the child to another location where services
can be provided not requiring room confinement that will de-
escalate the serious and immediate risk of physical harm to
child or another individual.
(c) Explanation.--If a less restrictive technique under
subsection (b) fails to de-escalate the serious and immediate
risk of physical harm to the child or another individual, prior
to placing the child in room confinement, a staff member shall
inform the child of the following:
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(1) The reasons why the child will be placed in room
confinement.
(2) That the child will be released from room
confinement immediately when the child's behavior conforms to
subsection (d)(1) or not later than after the expiration of
the time period specified under subsection (d)(2), whichever
occurs first.
(d) Confinement period.--If a child is placed in room
confinement, the child shall be released either:
(1) upon a staff member determining that the child does
not pose a serious and immediate risk of physical harm to the
child or another individual; or
(2) if the child does not control the child's behavior,
not later than:
(i) three hours after being placed in room
confinement in the case of a child who poses a serious
and immediate risk of physical harm to others; or
(ii) thirty minutes after being placed in room
confinement in the case of a child who poses a serious
and immediate risk of physical harm to self.
(e) Alternative strategies .--If the time period under
subsection (d)(2) has expired and the child continues to pose a
serious and immediate risk of physical harm to the child or
another individu al, a licensed practitioner of the healing arts
as defined in 55 Pa. Code § 5230.3 (relating to definitions)
shall determine whether the child can be released from room
confinement or whether alternative treatment strategies, such as
inpatient psychiatric hospitalization, are necessar y.
( f ) Consecutive periods.--A child may not be subject to
consecutive periods of room confinement.
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(g) Notice to attorney.--If a child is placed in room
confinement, the child's attorney shall be given notice of the
room confinement by the next business day.
(h) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Consecutive periods." S uccessive placements of room
confinement following one after another without interruptio n.