Child care facilities play an indispensable role in the day to day lives of countless Pennsylvania families. These facilities fill in the gaps that allow parents and guardians to contribute to the overall economic health of our communities and of the Commonwealth. Workers in these facilities are entrusted with the care of our children. Parents and guardians expect, and must be able to continue to expect, that their children are absolutely, and without a doubt, as safe as possible.


But it is the nature of tragedy to intervene where it is not wanted.


In 2017, 3-year-old Elijah Silvera suffered a severe allergic reaction called anaphylaxis. Despite an awareness of his life-threatening allergy to dairy, he was given a grilled cheese sandwich at his child care facility. In the crucial moments that followed, the facility failed to follow emergency protocols to treat the reaction. This failure led to Elijah’s death.


In the face of incomprehensible pain, Elijah’s parents channeled their loss into action with the intent to shield others from such devastation. They worked with the New York State Legislature to pass Elijah’s Law, which requires all child day care programs to follow state food allergy guidelines to prevent, recognize and treat an anaphylactic reaction.


As a Senate companion to similar efforts in the House of Representatives, it is my hope that Pennsylvania joins the growing number of states that have already passed versions of Elijah’s law. My legislation will protect children in the Commonwealth by doing the following:


  1. It will require that all child day care employees are properly trained to recognize and respond to anaphylaxis. This requirement is distinguished from current Pennsylvania law that requires, at minimum, a single employee to be trained in anaphylaxis recognition and emergency procedures as a prerequisite to acquire and stock epinephrine auto-injectors.


  1. It will require that epinephrine delivery systems, which are used in response to a severe allergic reaction, be made available for emergency use in these facilities by directing DHS to coordinate with manufacturers and child care providers to reduce and eliminate cost barriers.


  1. It will require that a child day care facility notifies as soon as possible the parent(s) or guardian(s) of a child who suffers from an anaphylactic attack.


Please join me in sponsoring this legislation to safeguard the children and families who depend on the safety of these facilities.