Skip to main content
Find a Lawyer

Pennsylvania Statutes Title 42 Pa.C.S.A. Judiciary and Judicial Procedure § 6386. Restraints, labor and postpartum recovery

Current as of January 01, 2025 | Updated by Findlaw Staff

<Section 8 of Act 2024, Oct. 29, P.L. 1037, No. 114, provides that such Act shall apply retroactively to June 11, 2024.>

(a) Restraints.--

(1) No restraints shall be used on any child who meets any of the following unless the facility has a reasonable belief that the child will harm the child, the child's newborn or another individual or pose a substantial risk of imminent flight:

(i) Is in any stage of pregnancy, labor or delivery.

(ii) Has given birth within the last 30 days and is in postpartum recovery.

(iii) Is being transported to a medical facility as a result of any conditions under subparagraph (i) or (ii).

(2) If restraints are used, the staff ordering the use of restraints on a child shall submit a written report to the individual in charge of the facility within 72 hours following the use of the restraints, containing the justification for restraining the child during postpartum recovery. The report shall also be sent to the department.

(b) Specific requirements regarding restraints.--If restraint is applied under subsection (a), the following apply:

(1) At no time shall the child be left unattended by facility staff with the ability to release the restraint should a release become medically necessary.

(2) The facility staff accompanying the child shall promptly remove all restraints upon request of a health care professional.

(3) Leg or waist restraints shall not be used on any child who is in labor.

(c) Least restrictive restraint.--When a restraint is permitted under this section, a facility shall use the least restrictive restraint necessary.

(d) Postdelivery bonding period.--Subject to hospital policy, following the delivery of a newborn, the department shall permit the newborn to remain with the child at the hospital for up to 72 hours unless a health care professional has a reasonable belief that the newborn remaining with the child poses a health or safety risk to the newborn.

(e) Nutritional and hygiene products.--During the 72-hour period under subsection (d), the facility shall make available the necessary nutritional and hygiene products to care for the newborn.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Pennsylvania Statutes Title 42 Pa.C.S.A. Judiciary and Judicial Procedure § 6386. Restraints, labor and postpartum recovery - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-42-pacsa-judiciary-and-judicial-procedure/pa-csa-sect-42-6386/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard