Contact Hours: 3
This educational activity is credited for 3 Continuing Education Credits at completion of the activity.
Course Purpose
To provide an overview of Pennsylvania child welfare laws, indicators for child abuse, and reporting requirements of suspected child abuse for mandated reporters in Pennsylvania.
Overview
Child abuse is a serious public health concern. It involves serious mental injury, sexual abuse or exploitation, serious physical neglect, and bodily injury, in the state of Pennsylvania to a child under the age of 18 by a parent, custodian, or caregiver that results in potential harm, harm, or a threat of harm. This independent study provides an overview of Pennsylvania child welfare laws, indicators for child abuse, and reporting requirements of suspected child abuse mandated for mandated reporters in Pennsylvania in order that they can recognize child abuse and feel more confident in the reporting process.
Course Objectives
By the end of this learning activity, the learner will be able to understand that:
- The basis for reporting suspected child abuse is having “reasonable cause to suspect” a child is a victim of child abuse.
- Nothing in the PA CPSL requires a person who has reasonable cause to suspect a child is a victim of child abuse to identify the type of abuse they are reporting when making a report of suspected child abuse.
- The PA CPSL recognizes three key components of child abuse:
- Child
- Act or failure to act; Recent act; Recent act or failure to act; or A series of acts or failures to act
- Intentionally, knowingly, or recklessly
- A mandated reporter enumerated under section 6311(a) of the PA CPSL (relating to persons required to report suspected child abuse) must immediately make a report suspected child abuse to ChildLine, Pennsylvania’s 24/7 Child Abuse Hotline and Registry, by calling 1-800-932-0313 or electronically through the Child Welfare Portal, if they have reasonable cause to suspect a child is a victim of child abuse under any of the following circumstances:
- The mandated reporter comes into contact with the child in the course of employment, occupation, and practice of a profession or through a regularly scheduled program, activity, or service.
- The mandated reporter is directly responsible for the care, supervision, guidance, or training of the child, or is affiliated with an agency, institution, organization, school, regularly established church or religious organization, or other entity that is directly responsible for the care, supervision, guidance, or training of the child.
- A person makes a specific disclosure to the mandated reporter that an identifiable child is the victim of child abuse.
- An individual 14 years of age or older makes a specific disclosure to the mandated reporter that the individual has committed child abuse.
- Nothing in section 6311 of the PA CPSL (relating to persons required to report suspected child abuse) requires a child to come before the mandated reporter in order for the mandated reporter to make a report of suspected child abuse.
- Nothing in section 6311 of the PA CPSL (relating to persons required to report suspected child abuse) requires the mandated reporter to identify the person responsible for the child abuse in order to make a report of suspected child abuse.
- Nothing in the PA CPSL requires a person who has reasonable cause to suspect a child is a victim of child abuse to consider the exclusions from child abuse in order to make a report of suspected child abuse.
- A mandated reporter is presumed to have acted in good faith when making a report of suspected child abuse.
Successful completion of this course requires achieving a 70% or higher on the posttest, submitting an evaluation, and attestation of reading the course content.
Policy Statement
This activity has been planned and implemented in accordance with the policies of FastCEForLess.com.
Disclosures
Fast CE For Less, Inc and its authors have no disclosures. There is no commercial support.
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| “Bodily injury” | Impairment of physical condition or substantial pain. Section 6303.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us) |
| “Child” | An individual under 18 years of age. Section 6303.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us) |
| Child Abuse | The term “child abuse” shall mean intentionally, knowingly, or recklessly doing any of the following: Causing bodily injury to a child through any recent act or failure to actFabricating, feigning, or intentionally exaggerating or inducing a medical symptom or disease which results in a potentially harmful medical evaluation or treatment to the child through any recent actCausing or substantially contributing to serious mental injury to a child through any act or failure to act or a series of such acts or failures to actCausing sexual abuse or exploitation of a child through any act or failure to actCreating a reasonable likelihood of bodily injury to a child through any recent act or failure to actCreating a likelihood of sexual abuse or exploitation of a child through any recent act or failure to actCausing serious physical neglect of a childEngaging in any of the following recent “per se” acts:Kicking, biting, throwing, burning, stabbing, or cutting a child in a manner that endangers the childUnreasonably restraining or confining a child, based on consideration of the method, location or the duration of the restraint or confinementForcefully shaking a child under one year of ageForcefully slapping or otherwise striking a child under one year of ageInterfering with the breathing of a childCausing a child to be present at a location while a violation of 18 Pa.C.S. § 7508.2 (relating to operation of methamphetamine laboratory) is occurring, provided that the violation is being investigated by law enforcementLeaving a child unsupervised with an individual, other than the child’s parent, who the actor knows or should reasonably should have known:Is required to register as a Tier II or Tier III sexual offender under 42 Pa.C.S. Ch. 97 Subchapter H (relating to registration of sexual offenders), where the victim of the sexual offense was under 18 years of age when the crime was committedHas been determined to be a sexually violent predator under 42 Pa.C.S. § 9799.24 (relating to assessments) or any of its predecessorsHas been determined to be a sexually violent delinquent child as defined in 42 Pa.C.S. § 9799.12 (relating to definitions)Has been determined to be a sexually violent predator under 42 Pa.C.S. § 9799.58 (relating to assessments) or has to register for life under 42 Pa.C.S. § 9799.55(b) (relating to registration)Causing the death of the child through any act or failure to actEngaging a child in a severe form of trafficking in persons or sex trafficking, as those terms are defined under section 103 of the Trafficking Victims Protection Act of 2000 Section 6303.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us) |
| ChildLine | An organizational unit of the Department of Public Welfare, which operates a 24 hour a day, 7 days a week Statewide toll-free telephone system for receiving reports of suspected child abuse, referring reports for investigation, and maintaining the reports in the appropriate file. Section 6303.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us) |
| “Child Protective Services” (CPS) | Those services and activities provided by the department and each county agency for child abuse cases. Section 6303.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us) |
| “Department” | The Department of Human Services of the Commonwealth. Section 6303.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us) |
| “Direct Contact with Children” | The care, supervision, guidance or control of children OR routine interaction with children. Section 6303.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us) |
| Exclusions to Child Abuse | Environmental factors A child should not be suspected of being mentally or physically abused based on inadequate clothing, furnishings, housing, income, or medical care. Practice of religious beliefs A child should not be suspected of abuse when medical or surgical treatments are withheld based on religious beliefs and which those practices are consistent with a bona fide religion. Use of force for supervision, control, and safety purposes A reasonable use of force on a child by the parent or guardian should not be considered abuse as long as it is minor and is used to maintain order and control, or is used to stop a disturbance, self-harm, self-defense, or to obtain possession of weapons. Rights of parents Parents are allowed to use reasonable force to supervise, discipline, or control a child. Participation in events that involve physical contact with child A person who is involved in a sport or extracurricular activity and has physical contact with a child should not be deemed as one causing abuse. Child-on-child contact Child to child that causes injury does not constitute child abuse, unless the child who caused the injury is a perpetrator. Defensive force Reasonable force or self-defense against another does not constitute child abuse. Section 6303.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us) |
| General Protective Services (GPS) | Services and activities provided for non-abuse cases where intervention and support may help to avoid future abuse. GPS includes counseling, emergency caretaker services, parenting education, shelter care, and medical services. https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/055/chapter3490/s3490.231.html&d= |
| “Healthcare Provider” | A licensed hospital or health care facility or person who is licensed, certified or otherwise regulated to provide health care services under the laws of this Commonwealth, including a physician, podiatrist, optometrist, psychologist, physical therapist, certified nurse practitioner, registered nurse, nurse midwife, physician’s assistant, chiropractor, dentist, pharmacist or an individual accredited or certified to provide behavioral health services. Section 6303.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us) |
| “Intentionally” | Done with the direct purpose of causing the type of harm that resulted. Section 6303.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us) |
| “Knowingly” | Awareness that harm is practically certain to result. Section 6303.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us) |
| “Mandated Reporter” | § 6303 “Mandated reporter.” A person who is required by this chapter to make a report of suspected child abuse. § 6311. Persons required to report suspected child abuse. (a) Mandated reporters. –The following adults shall make a report of suspected child abuse, subject to subsection (b), if the person has reasonable cause to suspect that a child is a victim of child abuse: (1) A person licensed or certified to practice in any health-related field under the jurisdiction of the Department of State. (2) A medical examiner, coroner or funeral director. (3) An employee of a health care facility or provider licensed by the Department of Health, who is engaged in the admission, examination, care or treatment of individuals. (4) A school employee. (5) An employee of a child-care service who has direct contact with children in the course of employment. (6) A clergyman, priest, rabbi, minister, Christian Science practitioner, religious healer or spiritual leader of any regularly established church or other religious organization. (7) An individual paid or unpaid, who, on the basis of the individual’s role as an integral part of a regularly scheduled program, activity or service, is a person responsible for the child’s welfare or has direct contact with children. (8) An employee of a social services agency who has direct contact with children in the course of employment. (9) A peace officer or law enforcement official. (10) An emergency medical services provider certified by the Department of Health. (11) An employee of a public library who has direct contact with children in the course of employment. (12) An individual supervised or managed by a person listed under paragraphs (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), and (13), who has direct contact with children in the course of employment. (13) An independent contractor. (14) An attorney affiliated with an agency, institution, organization or other entity, including a school or regularly established religious organization that is responsible for the care, supervision, guidance or control of children. (15) A foster parent. (16) An adult family member who is a person responsible for the child’s welfare and provides services to a child in a family living home, community home for individuals with an intellectual disability or host home for children which are subject to supervision or licensure by the department under Articles IX and X of the act of June 13, 1967 (P.L. 31, No. 21), known as the Public Welfare Code. Section 6303.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us) |
| Permissive Reporter | Permissive reporters are individuals who are encouraged to report suspected child abuse, although not required by law. https://www.pa.gov/content/dam/copapwp-pagov/en/dhs/documents/keepkidssafe/clearances/documents/FAQ_Permissive%20Reporter.pdf |
| “Perpetrator” | An individual who has committed child abuse as defined under section 6303(b.1) of the PA CPSL. The term includes only the following: A parent of the childA spouse or former spouse of the child’s parentA paramour or former paramour of the child’s parentA person 14 years of age or older responsible for the child’s welfare or having direct contact with children as an employee of child-care services, a school, or through a program, activity, or serviceAn individual 14 years of age or older who resides in the same home as the childAn individual 18 years of age or older who does not reside in the same home as the child but is related within the third degree of consanguinity or affinity by birth or adoption to the childAn individual 18 years of age or older who engages a child in severe forms of trafficking in persons or sex trafficking, as those terms are defined under section 103 of the Trafficking Victims Protection Act of 2000 (114 Stat. 1466, 22 U.S.C. § 7102) Only the following may be considered a perpetrator for failing to act: A parent of the childA spouse or former spouse of the child’s parentA paramour or former paramour of the child’s parentA person 18 years of age or older responsible for the child’s welfareA person 18 years of age or older who resides in the same home as the child Section 6303.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us) |
| “Person Responsible for the Child’s Welfare” | A person who provides permanent or temporary care, supervision, mental health diagnosis or treatment, training or control of a child in lieu of parental care, supervision, and control. Section 6303.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us) |
| “Recent Act or Failure to Act” | Any act or failure to act committed within two years of the date of the report to the department or county agency. Section 6303.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us) |
| “Recklessly” | Conscious disregard of substantial and unjustifiable risk. Section 6303.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us) |
| “Serious Bodily Injury” | Bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement or protracted loss or impairment of function of any bodily member or organ. Section 6303.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us) |
| “Serious Mental Injury” | A psychological condition, as diagnosed by a physician or licensed psychologist, including the refusal of appropriate treatment, that: Renders a child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic or in reasonable fear that the child’s life or safety is threatened; or Seriously interferes with a child’s ability to accomplish age-appropriate developmental and social tasks. Section 6303.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us) |
| “Serious Physical Neglect” | Any of the following when committed by a perpetrator that endangers a child’s life or health, threatens a child’s well-being, causes bodily injury, or impairs a child’s health, development, or functioning: A repeated, prolonged, or egregious failure to supervise a child in a manner that is appropriate considering the child’s developmental age and abilities. The failure to provide a child with adequate essentials of life, including food, shelter, or medical care. Section 6303.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us) |
| “Sexual Abuse or Exploitation” | The employment, use, persuasion, inducement, enticement, or coercion of a child to engage in or assist another individual to engage in sexually explicit conduct, which includes, but is not limited to, the following: Looking at the sexual or other intimate parts of a child or another individual for the purpose of arousing or gratifying sexual desire in any individual. Participating in sexually explicit conversation either in person, by telephone, by computer or by a computer-aided device for the purpose of sexual stimulation or gratification of any individual. Actual or simulated sexual activity or nudity for the purpose of sexual stimulation or gratification of any individual. Actual or simulated sexual activity for the purpose of producing visual depiction, including photographing, videotaping, computer depicting or filming. This paragraph does not include consensual activities between a child who is 14 years of age or older and another person who is 14 years of age or older and whose age is within four years of the child’s age. Any of the following offenses committed against a child: Rape Statutory sexual assault Involuntary deviate sexual intercourse Sexual assault Institutional sexual assault Aggravated indecent assault Indecent assault Indecent exposure Incest Prostitution Sexual abuse Unlawful contact with a minor Sexual exploitation Section 6303.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us) |
| “School Employee” | An individual who is employed by a school or who provides a program, activity or service sponsored by a school. The term does not apply to administrative or other support personnel unless the administrative or other support personnel have direct contact with the children. Section 6303.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us) |
This course provides an overview of applicable child welfare laws in the state of Pennsylvania, signs of abuse, and reporting requirements for the mandated reporter to report suspected child abuse.
The Pennsylvania Child Protective Services Law (CPSL) (23 Pa.C.S. Chapter 63, Child Protective Services) was established in 1975 to protect children from abuse, allow the opportunity for healthy growth and development, and preserve and stabilize the family whenever possible. The PA CPSL does not restrict the generally recognized existing rights of parents to use reasonable supervision and control when raising their children.
- Recent amendments to the PA CPSL relevant to child abuse recognition and reporting:
- Act 115 of 2016 (relating to human trafficking)
- Act 54 of 2018 (relating to notification of substance affected infants by healthcare providers & plan of safe care)
- Act 88 of 2019 (relating to penalties for failure to report or refer)
- The Pennsylvania child welfare system is state-supervised and county-administered.
- County children-and-youth agencies (CCYAs) have two main functions:
- Child Protective Services (CPS)
- General Protective Services (GPS)
Child Protective Services (CPS)
Child Protective Services (CPS) are services and activities provided by DHS and each county agency for child abuse cases. Cases identified as “CPS” require an investigation because the alleged act or failure to act meets the PA CPSL’s definition of child abuse. The PA CPSL’s definition of child abuse recognizes 10 separate categories of child abuse. Examples of CPS cases include:
- Causing bodily injury to a child through any recent act or failure to act
- Fabricating, feigning or intentionally exaggerating or inducing a medical symptom or disease which results in a potentially harmful medical evaluation or treatment to the child through any recent act
- Causing or substantially contributing to serious mental injury to a child through any act or failure to act or a series of such acts or failures to act
- Causing sexual abuse or exploitation of a child through any act or failure to act
- Creating a reasonable likelihood of bodily injury to a child through any recent act or failure to act
- Creating a likelihood of sexual abuse or exploitation of a child through any recent act or failure to act
- Causing serious physical neglect of a child
- Engaging in a specific recent “per se” act
- Causing the death of the child through any act or failure to act
- Engaging a child in a severe form of trafficking in persons or sex trafficking
General Protective Services (GPS)
General Protective Services (GPS) are services and activities provided by each county agency for cases requiring protective services as defined by DHS in regulations. The primary purpose of GPS is to protect the rights and welfare of children so that they have an opportunity for healthy growth and development. Cases that are identified as “GPS” require an assessment for services and supports. In these cases, the alleged act or failure to act may not meet the definition of child abuse but is still detrimental to a child. Examples of GPS casesinclude services to prevent the potential for harm to a child who meets one of the following conditions:
- Is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for their physical, mental, or emotional health, or morals.
- Has been placed for care or adoption in violation of law.
- Has been abandoned by their parents, guardian, or other custodian.
- Is without a parent, guardian, or legal custodian.
- Is habitually and without justification truant from school while subject to compulsory school attendance.
- Has committed a specific act of habitual disobedience of the reasonable and lawful commands of their parent, guardian, or other custodian and who is ungovernable and found to be in need of care, treatment, or supervision.
- Is under 10 years of age and has committed a delinquent act.
- Has been formerly adjudicated dependent under section 6341 of the Juvenile Act (relating to adjudication) and is under the jurisdiction of the court, subject to its conditions or placements, and who commits an act which is defined as ungovernable.
- Has been referred under section 6323 of the Juvenile Act (relating to informal adjustment) and who commits an act which is defined as ungovernable.
55 Pa. Code § 3490.223. Definitions. (pacodeandbulletin.gov)
(Act 54 of 2018)
A health care provider shall immediately give notice or cause notice to be given to DHS 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:
- Substance use or withdrawal symptoms resulting from prenatal drug exposure; or
- A Fetal Alcohol Spectrum Disorder
Notification to DHS can be made to ChildLine, electronically through the Child Welfare Portal or at 1-800-932-0313. This notification is for the purpose of assessing a child and the child’s family for a Plan of Safe Care and shall not constitute a child abuse report.
Plans of Safe Care | Department of Human Services | Commonwealth of Pennsylvania
Health Care Provider
A licensed hospital or health care facility or person who is licensed, certified, or otherwise regulated to provide health care services under the laws of Pennsylvania, including a physician, podiatrist, optometrist, psychologist, physical therapist, certified nurse practitioner, registered nurse, nurse midwife, physician’s assistant, chiropractor, dentist, pharmacist, or an individual accredited or certified to provide behavioral health services.
Section 6303.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us)
Plan of Safe Care
After notification of a child born affected by substance use or withdrawal symptoms resulting from prenatal drug exposure or a fetal alcohol spectrum disorder:
- A multidisciplinary team meeting must be held prior to the child’s discharge from the health care facility.
- The meeting will inform an assessment of the needs of the child and the child’s parents and immediate caregivers to determine the most appropriate lead agency for developing, implementing, and monitoring a Plan of Safe Care.
- The child’s parents and immediate caregivers must be engaged 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.
- Depending upon the needs of the child and parent(s)/caregiver(s), ongoing involvement of the county agency may not be required.
Plans of Safe Care | Department of Human Services | Commonwealth of Pennsylvania
Multidisciplinary Team
For the purpose of forming the Plan of Safe Care may include:
- Public health agencies
- Maternal and child health agencies
- Home visitation programs
- Substance use disorder prevention and treatment providers
- Mental Health providers
- Public and private children and youth agencies
- Early intervention and developmental services
- Courts
- Local education agencies
- Managed care organizations and private insurers
- Hospitals and medical providers
Plans of Safe Care | Department of Human Services | Commonwealth of Pennsylvania
The key components of child abuse include:
Child
An individual under 18 years of age
Act or failure to act; Recent act; Recent act or failure to act; or A series of acts or failures to act
- Act: Something that is done to harm or cause potential harm to a child
- Failure to act: Something that is NOT done to prevent harm or potential harm to a child
- Recent act: Any act committed within two (2) years of the date of the report to DHS or county agency
- Recent act or failure to act: Any act or failure to act committed within two (2) years of the date of the report to DHS or county agency
Intentionally, knowingly, or recklessly
- Intentionally: Done with the direct purpose of causing the type of harm that resulted
- Knowingly: Awareness that harm is practically certain to result
- Recklessly: Conscious disregard of substantial and unjustifiable risk
55 Pa. Code § 3490.. Definitions. (pacodeandbulletin.gov)
Perpetrator
An individual who has committed child abuse as defined under section 6303(b.1) of the PA CPSL (relating to definitions).
- The term includes only the following:
- A parent of the child
- A spouse or former spouse of the child’s parent
- A paramour or former paramour of the child’s parent
- A person 14 years of age or older responsible for the child’s welfare or having direct contact with children as an employee of child-care services, a school, or through a program, activity, or service
- An individual 14 years of age or older who resides in the same home as the child
- An individual 18 years of age or older who does not reside in the same home as the child but is related within the third degree of consanguinity or affinity by birth or adoption to the child
- An individual 18 years of age or older who engages a child in severe forms of trafficking in persons or sex trafficking, as those terms are defined under section 103 of the Trafficking Victims Protection Act of 2000 (114 Stat. 1466, 22 U.S.C. § 7102)
- Only the following may be considered a perpetrator for failing to act:
- A parent of the child
- A spouse or former spouse of the child’s parent
- A paramour or former paramour of the child’s parent
- A person 18 years of age or older responsible for the child’s welfare
- A person 18 years of age or older who resides in the same home as the child
Nothing under the PA CPSL requires a person who has reasonable cause to suspect a child is a victim of child abuse to identify the person responsible for the child abuse in order to make a report of suspected child abuse.Section 6303.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us)
Child Abuse (23 Pa.C.S. § 6303)
The term “child abuse” shall mean intentionally, knowingly, or recklessly doing any of the following:
- Causing bodily injury to a child through any recent act or failure to act.
- Fabricating, feigning, or intentionally exaggerating or inducing a medical symptom or disease which results in a potentially harmful medical evaluation or treatment to the child through any recent act.
- Causing or substantially contributing to serious mental injury to a child through any act or failure to act or a series of such acts or failures to act.
- Causing sexual abuse or exploitation of a child through any act or failure to act.
- Creating a reasonable likelihood of bodily injury to a child through any recent act or failure to act.
- Creating a likelihood of sexual abuse or exploitation of a child through any recent act or failure to act.
- Causing serious physical neglect of a child.
- Engaging in any of the following recent “per se” acts:
- Kicking, biting, throwing, burning, stabbing, or cutting a child in a manner that endangers the child.
- Unreasonably restraining or confining a child, based on consideration of the method, location or the duration of the restraint or confinement.
- Forcefully shaking a child under one year of age.
- Forcefully slapping or otherwise striking a child under one year of age.
- Interfering with the breathing of a child.
- Causing a child to be present at a location while a violation of 18 Pa.C.S. § 7508.2 (relating to operation of methamphetamine laboratory) is occurring, provided that the violation is being investigated by law enforcement.
- Leaving a child unsupervised with an individual, other than the child’s parent, who the actor knows or reasonably should have known:
- Is required to register as a Tier II or Tier III sexual offender under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders), where the victim of the sexual offense was under 18 years of age when the crime was committed.
- Has been determined to be a sexually violent predator under 42 Pa.C.S. § 9799.24 (relating to assessments) or any of its predecessors.
- Has been determined to be a sexually violent delinquent child as defined in 42 Pa.C.S. § 9799.12 (relating to definitions).
- Has been determined to be a sexually violent predator under 42 Pa.C.S. § 9799.58 (relating to assessments) or has to register for life under 42 Pa.C.S. § 9799.55(b) (relating to registration).
- Causing the death of the child through any act or failure to act.
- Engaging a child in a severe form of trafficking in persons or sex trafficking, as those terms are defined under section 103 of the Trafficking Victims Protection Act of 2000.
Section 6303.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us)
Definitions (23 Pa.C.S. § 6303)
General rule — The following words and phrases, when used in the PA CPSL, shall have the meanings given to them in this section unless the context clearly indicates otherwise:
Bodily Injury
Impairment of physical condition or substantial pain.
- Impairment: If, due to the injury, the child’s ability to function is reduced temporarily or permanently in any way.
- Substantial pain: If the child experiences what a reasonable person believes to be substantial pain.
Indicators of Bodily Injury:
- Fear of going home
- Fear of parent or caregiver
- Extreme apprehensiveness/vigilance
- Pronounced aggression or passivity
- Flinches easily or avoids being touched
- Play includes abusive talk or behavior
- Unexplained injuries
- Unbelievable or inconsistent explanations of injuries
- Injuries inconsistent with a child’s age/developmental level
- Unable to recall how injuries occurred, or account of injuries is inconsistent with the nature of the injuries
- Multiple bruises in various stages of healing
- Bruises located on face, ears, neck, buttocks, back, chest, thighs, back of legs, and genitalia
- Bruises that resemble objects such as a hand, fist, belt buckle, or rope
- Burns
Section 6303.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us)
Serious Mental Injury
A psychological condition, as diagnosed by a physician or licensed psychologist, including the refusal of appropriate treatment, that:
- Renders a child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic, or in reasonable fear that the child’s life or safety is threatened.
- Seriously interferes with a child’s ability to accomplish age-appropriate developmental and social tasks.
Indicators of Serious Mental Injury:
- Expressing feelings of inadequacy
- Fearful of trying new things
- Overly compliant
- Poor peer relationships
- Excessive dependence on adults
- Habit disorders (sucking, rocking, etc.)
- Eating disorders
- Frequent psychosomatic complaints (nausea, stomachache, headache, etc.)
- Bed-wetting
- Self-harm
- Speech disorders
Section 6303.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us)
Serious Physical Neglect
Any of the following when committed by a perpetrator that endangers a child’s life or health, threatens a child’s well-being, causes bodily injury, or impairs a child’s health, development, or functioning:
- A repeated, prolonged, or egregious failure to supervise a child in a manner that is appropriate considering the child’s developmental age and abilities.
- The failure to provide a child with adequate essentials of life, including food, shelter, or medical care.
Indicators of Serious Physical Neglect:
- Not registered in school
- Inadequate or inappropriate supervision
- Poor impulse control
- Frequently fatigued
- Parentified behaviors
- Lack of adequate medical and dental care
- Often hungry
- Lack of shelter
- Weight is significantly lower than normal for their age and gender
- Developmental delays
- Persistent (untreated) conditions (e.g., head lice, diaper rash)
- Exposure to hazards (e.g., illegal drugs, rodent/insect infestation, mold)
- Clothing that is dirty, inappropriate for the weather, too small, or too large
Section 6303.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us)
Sexual Abuse or Exploitation
Includes any of the following:
- The employment, use, persuasion, inducement, enticement, or coercion of a child to engage in or assist another individual to engage in sexually explicit conduct, which includes, but is not limited to, the following:
- Looking at the sexual or other intimate parts of a child or another individual for the purpose of arousing or gratifying sexual desire in any individual.
- Participating in sexually explicit conversation either in person, by telephone, by computer, or by a computer-aided device for the purpose of sexual stimulation or gratification of any individual.
- Actual or simulated sexual activity or nudity for the purpose of sexual stimulation or gratification of any individual.
- Actual or simulated sexual activity for the purpose of producing visual depiction, including photographing, videotaping, computer depicting, or filming.
The above does not include consensual activities between a child who is 14 years of age or older and another person who is 14 years of age or older and whose age is within four years of the child’s age.
- Any of the following when committed against a child:
- Rape as defined in 18 Pa.C.S. § 3121 (relating to rape).
- Statutory sexual assault as defined in 18 Pa.C.S. § 3122.1 (relating to statutory sexual assault).
- Involuntary deviate sexual intercourse as defined in 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse).
- Sexual assault as defined in 18 Pa.C.S. § 3124.1 (relating to sexual assault).
- Institutional sexual assault as defined in 18 Pa.C.S. § 3124.2 (relating to institutional sexual assault).
- Aggravated indecent assault as defined in 18 Pa.C.S. § 3125 (relating to aggravated indecent assault).
- Indecent assault as defined in 18 Pa.C.S. § 3126 (relating to indecent assault).
- Indecent exposure as defined in 18 Pa.C.S. § 3127 (relating to indecent exposure).
- Incest as defined in 18 Pa.C.S. § 4302 (relating to incest).
- Prostitution as defined in 18 Pa.C.S. § 5902 (relating to prostitution and related offenses).
- Sexual abuse as defined in 18 Pa.C.S. § 6312 (relating to sexual abuse of children).
- Unlawful contact with a minor as defined in 18 Pa.C.S. § 6318 (relating to unlawful contact with minor).
- Sexual exploitation as defined in 18 Pa.C.S. § 6320 (relating to sexual exploitation of children).
Indicators of Sexual Abuse or Exploitation:
- Sexually promiscuous
- Developmental age-inappropriate sexual play and/or drawings
- Cruelty to others
- Cruelty to animals
- Fire setting
- Anxious
- Withdrawn
- Sleep disturbances
- Bedwetting
- Pain or irritation in genital/anal area
- Difficulty walking or sitting
- Difficulty urinating
- Pregnancy
- Positive testing for sexually transmitted disease(s) (e.g., HIV)
- Excessive or injurious masturbation
Section 6303.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us)
Severe Forms of Trafficking in Persons:
Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion or in which the person induced to perform such act has not attained 18 years of age; or
Sex trafficking: the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act
Commercial sex act: Any sex act on account of which anything of value is given to or received by any person
The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion, for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
Peonage: paying off debt through work
Debt Bondage: debt slavery, bonded labor, or services for a debt or other obligation
Slavery: a condition compared to that of an enslaved person in respect of exhausting labor or restricted freedom
Labor trafficking: Labor obtained by use of threat of serious harm, physical restraint, or abuse of legal process
Examples:
- Being forced to work for little or no pay (frequently in factories and farms)
Domestic servitude: providing services within a household for 10-16 hours per day, such as, but not limited to: childcare, cooking, cleaning, yard work, gardening, etc.
2016 Act 115 – PA General Assembly (state.pa.us)
Severe forms of trafficking in persons (Act 115 of 2016)
Victim Identification/Warning Signs — including, but not limited to:
- Has been verified to be under the age of 18 and is in any way involved in a commercial sex act industry or has a record of prior arrest for prostitution or related charges
- Has an explicitly sexual online profile
- Excessively frequents internet chat rooms and classified sites
- Depicts elements of sexual exploitation in drawing, poetry, or other modes of creative expression
- Secrecy about whereabouts
- Has late nights or unusual hours
- Is found in a hotel, street track, truck stop, or strip club
- Lies about or has no identification or knowledge of personal data, such as but not limited to: age, name, and/or date of birth
- Does not have insurance or control over own finances
- Wears clothing that is dirty and inappropriate for the weather; it may be too large or too small (often dresses or skirts that are provocative in nature)
- Wears new clothes of any style, gets hair and/or nails done with no financial means
- Has multiple cell phones or very expensive items that they have no way of purchasing on their own
- Has unaddressed medical issues or goes to the ER or clinic alone or with an unrelated adult
- Exhibits hypervigilance or paranoid behaviors
- In a controlling or dominating relationship
- Avoids answering questions and lets someone else speak for them
- Expresses interest in or is in relationships with adults or much older adults
- Has significant change in behavior, including increased social media and new associates or friends at school
- Has frequent or multiple sexually transmitted diseases or pregnancies
- Unexplained injuries and/or unbelievable or inconsistent explanations of injuries
- Multiple bruises or cuts in various stages of healing
- Has a tattoo they’re reluctant to explain
- Uses specific terms such as “trick”, “the life”, or “the game”
2016 Act 115 – PA General Assembly (state.pa.us)
At-Risk Youth Populations including, but not limited to, youth:
- In the foster care system
- Who identify as LGBTQ+
- Who are homeless or a runaway
- With disabilities
- With a history of sexual abuse
- With mental health and/or substance abuse disorders
- With a history of being involved in the welfare system
- Who identify as native or aboriginal
- With family dysfunction
Nothing in the PA CPSL requires a person who has reasonable cause to suspect a child is a victim of child abuse to consider the exclusions from child abuse before making a report of suspected child abuse. The exclusions from child abuse are considered/determined by DHS or the investigating agency after receipt of a referral/report.
Pennsylvania Child Protective Services Law defines Restatement of culpability as “Conduct that causes injury or harm to a child or creates a risk of injury or harm to a child shall not be considered child abuse if there is no evidence that the person acted intentionally, knowingly or recklessly when causing the injury or harm to the child or creating a risk of injury or harm to the child.”
Child abuse exclusions is defined as “The term “child abuse” does not include any conduct for which an exclusion is provided in section 6304 of the PA CPSL (relating to exclusions from child abuse)”.
Section 6304.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us)
Exclusions from Child Abuse as described by the Pennsylvania Child Protective Services Law include:
(a) Environmental Factors (23 Pa.C.S. § 6304)
No child shall be deemed to be physically or mentally abused based on injuries that result solely from environmental factors, such as inadequate housing, furnishings, income, clothing, and medical care, that are beyond the control of the parent or person responsible for the child’s welfare with whom the child resides. This exclusion shall not apply to any childcare service as defined in the PA CPSL, excluding an adoptive parent.
Section 6304.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us)
(b) Practice of Religious Beliefs (23 Pa.C.S. § 6304)
If, upon investigation, the county agency determines that a child has not been provided needed medical or surgical care because of sincerely held religious beliefs of the child’s parents or relative within the third degree of consanguinity and with whom the child resides, which beliefs are consistent with those of a bona fide religion, the child shall not be deemed to be physically or mentally abused and the following shall apply:
- The county agency shall closely monitor the child and the child’s family and shall seek court-ordered medical intervention when the lack of medical or surgical care threatens the child’s life or long-term health.
- All correspondence with the subject of the report and the records of DHS and the county agency shall not reference child abuse and shall acknowledge the religious basis for the child’s condition.
- The family shall be referred for general protective services, if appropriate.
- This exclusion shall not apply if the failure to provide needed medical or surgical care causes the death of the child.
- This exclusion shall not apply to any childcare service as defined under section 6303(a) of the PA CPSL (relating to definitions), excluding an adoptive parent.
Section 6304.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us)
(c) Use of Force for Supervision, Control, and Safety Purposes (23 Pa.C.S. § 6304)
Subject to subsection (d) (relating to rights of parents), the use of reasonable force on or against a child by the child’s own parent or person responsible for the child’s welfare shall not be considered child abuse if any of the following conditions apply:
- The use of reasonable force constitutes incidental, minor, or reasonable physical contact with the child or other actions that are designed to maintain order and control.
- The use of reasonable force is necessary:
- To quell a disturbance or remove the child from the scene of a disturbance that threatens physical injury to persons or damage to property.
- To prevent the child from self-inflicted physical harm.
- For self-defense or the defense of another individual. or
- To obtain possession of weapons or other dangerous objects or controlled substances or paraphernalia that are on the child or within the control of the child.
Section 6304.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us)
(d) Rights of Parents (23 Pa.C.S. § 6304)
Nothing in the PA CPSL shall be construed to restrict the generally recognized existing rights of parents to use reasonable force on or against their children for the purposes of supervision, control, and discipline of their children. Such reasonable force shall not constitute child abuse.
Section 6304.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us)
(e) Participation in Events that Involve Physical Contact with Child (23 Pa.C.S. § 6304)
An individual participating in a practice or competition in an interscholastic sport, physical education, a recreational activity, or an extracurricular activity that involves physical contact with a child does not, in itself, constitute contact that is subject to the reporting requirements of the PA CPSL.
Section 6304.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us)
(f) Child-on-Child Contact (23 Pa.C.S. § 6304)
- Harm or injury to a child that results from the act of another child shall not constitute child abuse unless the child who caused the harm or injury is a perpetrator.
- Notwithstanding paragraph above, the following shall apply:
- Acts constituting any of the following crimes against a child shall be subject to the reporting requirements of the PA CPSL:
- Rape as defined in 18 Pa.C.S. § 3121 (relating to rape).
- Involuntary deviate sexual intercourse as defined in 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse).
- Sexual assault as defined in 18 Pa.C.S. § 3124.1 (relating to sexual assault).
- Aggravated indecent assault as defined in 18 Pa.C.S. § 3125 (relating to aggravated indecent assault).
- Indecent assault as defined in 18 Pa.C.S. § 3126 (relating to indecent assault).
- Indecent exposure as defined in 18 Pa.C.S. § 3127 (relating to indecent exposure).
- No child shall be deemed to be a perpetrator of child abuse based solely on physical or mental injuries caused to another child in the course of a dispute, fight, or scuffle entered into by mutual consent.
- A law enforcement official who receives a report of suspected child abuse is not required to make a report to DHS if the person allegedly responsible for the child abuse is a non-perpetrator child.
Section 6304.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us)
(g) Defensive Force (23 Pa.C.S. § 6304)
Reasonable force for self-defense or the defense of another individual consistent with the provisions of 18 Pa.C.S. §§ 505 (relating to use of force in self-protection) and 506 (relating to use of force for the protection of other persons) shall not be considered child abuse.Section 6304.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us)
There are two categories of reporters in Pennsylvania:
- Permissive – Those who can report.
- Mandated – Those who must report.
Persons Encouraged to Report Suspected Child Abuse (23 Pa.C.S. § 6311)
Any person may make an oral/verbal (1-800-932-0313) or written report of suspected child abuse, which may be submitted electronically, or cause a report of suspected child abuse to be made to DHS, county agency, or law enforcement, if that person has reasonable cause to suspect that a child is a victim of child abuse.
Chapter 63. – Title 23 – DOMESTIC RELATIONS (state.pa.us)
The Statewide toll-free telephone number is available for all persons, whether mandated by law or not, to use to report cases of suspected child abuse or children allegedly in need of general protective services.
ChildLine Number: 1-800-932-0313
Chapter 63. – Title 23 – DOMESTIC RELATIONS (state.pa.us)
Persons Required to Report Suspected Child Abuse (23 Pa.C.S. § 6311)
Mandated Reporters
The following adults shall make a report of suspected child abuse, subject to subsection (b) (relating to basis to report), if the person has reasonable cause to suspect that a child is a victim of child abuse.
- A person licensed or certified to practice in any health-related field under the jurisdiction of the Department of State
- A medical examiner, coroner, or funeral director
- An employee of a health care facility or provider licensed by the Department of Health who is engaged in the admission, examination, care, or treatment of individuals
- A school employee
- An employee of a child-care service who has direct contact with children in the course of employment
- A clergyman, priest, rabbi, minister, Christian Science practitioner, religious healer, or spiritual leader of any regularly established church or other religious organization
- An individual paid or unpaid, who – on the basis of the individual’s role as an integral part of a regularly scheduled program, activity, or service – is a person responsible for the child’s welfare or has direct contact with children
- An employee of a social service agency who has direct contact with children in the course of employment
- A peace officer or law enforcement official
- An emergency medical services provider certified by the Department of Health
- An employee of a public library who has direct contact with children in the course of employment
- An independent contractor
- An individual supervised or managed by a person listed above, who has direct contact with children in the course of employment
- An attorney affiliated with an agency, institution, organization, or other entity, including a school or regularly established religious organization that is responsible for the care, supervision, guidance, or control of children
- A foster parent
- An adult family member who is a person responsible for the child’s welfare and provides services to a child in a family living home, community home for individuals with an intellectual disability, or host home for children which are subject to supervision or licensure by DHS under Articles IX and X of the act of June 13, 1967 (P.L.31, No.21) known as the Human Services Code (formerly the Public Welfare Code).
Chapter 63. – Title 23 – DOMESTIC RELATIONS (state.pa.us)
Basis to Report
A mandated reporter enumerated in subsection (a) (relating to mandated reporters) shall make a report of suspected child abuse in accordance with section 6313 (relating to reporting procedure) if the mandated reporter has reasonable cause to suspect that a child is a victim of child abuse under any of the following circumstances:
- The mandated reporter comes into contact with the child in the course of employment, occupation, and practice of a profession or through a regularly scheduled program, activity, or service.
- The mandated reporter is directly responsible for the care, supervision, guidance, or training of the child, or is affiliated with an agency, institution, organization, school, regularly established church or religious organization, or other entity that is directly responsible for the care, supervision, guidance, or training of the child.
- A person makes a specific disclosure to the mandated reporter that an identifiable child is the victim of child abuse.
- An individual 14 years of age or older makes a specific disclosure to the mandated reporter that the individual has committed child abuse.
Nothing in section 6311 of the PA CPSL requires a child to come before the mandated reporter in order to make a report of suspected child abuse.
Nothing in section 6311 of the PA CPSL requires the mandated reporter to identify the person responsible for the child abuse in order to make a report of suspected child abuse.
Chapter 63. – Title 23 – DOMESTIC RELATIONS (state.pa.us)
Staff Members of Institutions, Etc.
- Whenever a person is required to report under subsection (b) (relating to basis to report) in the capacity as a member of the staff of a medical or other public or private institution, school, facility, or agency, that person shall report immediately in accordance with section 6313 (relating to reporting procedure) and shall immediately thereafter notify the person in charge of the institution, school, facility, or agency or the designated agent of the person in charge.
- Upon notification, the person in charge or the designated agent, if any, shall facilitate the cooperation of the institution, school, facility, or agency with the investigation of the report.
- Any intimidation, retaliation, or obstruction in the investigation of the report is subject to the provisions of 18 Pa.C.S. § 4958 (relating to intimidation, retaliation, or obstruction in child abuse cases).
The PA CPSL does not require more than one report from any such institution, school, facility, or agency.Chapter 63. – Title 23 – DOMESTIC RELATIONS (state.pa.us)
Some indicators may be more apparent than others depending on the type of abuse and/or depending on the child’s health, developmental level, and well-being. For example, some indicators may be visible on the child’s body while other indicators may be present in the child’s behaviors. “Reasonable cause to suspect” may be a determination you make based on your training/experience and all known circumstances, to include “who”, “what”, “when”, and “how”, observations (e.g., indicators of abuse or “red flags”, behavior/demeanor of the child(ren), behavior/demeanor of the adult(s), etc.), as well as familiarity with the individuals (e.g., family situation and relevant history or similar prior incidents, etc.).
Privileged Communications (23 Pa.C.S. § 6311.1)
The privileged communications between a mandated reporter and a patient or client of the mandated reporter shall not apply to a situation involving child abuse or relieve the mandated reporter of the duty to make a report of suspected child abuse. In addition, confidential communications made to a member of the clergy are protected under 42 Pa.C.S. § 5943 (relating to confidential communications to clergymen). Confidential communications made to an attorney are also protected so long as they are within the scope of 42 Pa.C.S. §§ 5916 (relating to confidential communications to attorney) and 5928 (relating to confidential communications to attorney), the attorney work product doctrine, or the rules of professional conduct for attorneys.
Chapter 63. – Title 23 – DOMESTIC RELATIONS (state.pa.us)
Reporting Procedure(23 Pa.C.S. § 6313)
In accordance with 23 Pa.C.S. § 6313, a mandated reporter:
- Shall immediately make an oral/verbal report of suspected child abuse to DHS via the Statewide toll-free telephone number under section 6332 (relating to establishment of Statewide toll-free telephone number) (1-800-932-0313) or a written report using electronic technologies under section 6305 (relating to electronic reporting) (via the self-service Child Welfare Portal).
- A mandated reporter making an oral/verbal report of suspected child abuse to the DHS via the Statewide toll-free telephone number under section 6332 (relating to establishment of Statewide toll-free telephone number) shall also make a written report (CY47.pdf), which may be submitted electronically, within 48 hours to DHS or county agency assigned to the case.
- The failure of the mandated reporter to file the written report (CY47.pdf) described in the paragraph immediately above shall not relieve the county agency from any duty under the PA CPSL, and the county agency shall proceed as though the mandated reporter complied.
Section 6313.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us)
Pursuant to 23 Pa.C.S. § 6383 (Relating to Education and Training)
If a mandated reporter is employed by an institution, facility, or agency which cares for children and is subject to supervision by PA DHS under Article IX of the Human Services (formerly Public Welfare) Code, they must refer to their employer for any internal policies related to reporting suspected child abuse.
Contents of Report
A written report of suspected child abuse, which may be submitted electronically, shall include the following information, if known:
- The names and addresses of the child, the child’s parents, and any other person responsible for the child’s welfare
- Where the suspected abuse occurred
- The age and sex of each subject of the report
- The nature and extent of the suspected child abuse, including any evidence of prior abuse to the child or any sibling of the child
- The name and relationship of each individual responsible for causing the suspected abuse and any evidence of prior abuse by each individual
- Family composition
- The source of the report
- The name, telephone number and e-mail address of the person making the report
- The actions taken by the person making the report, including those actions taken under section 6314 (relating to photographs, medical tests, and X-rays of child subject to report), 6315 (relating to taking child into protective custody), 6316 (relating to admission to private and public hospitals) or 6317 (relating to mandatory reporting and postmortem investigation of deaths)
- Any other information required by Federal law or regulation
- Any other information that DHS requires by regulation
Section 6313.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us) Once a report is made, ChildLine will immediately transmit oral or electronic reports that are received to the appropriate county agency and/or law enforcement officials.
The Statewide toll-free telephone number is available for all persons, whether mandated by law or not, to use to report cases of suspected child abuse or children allegedly in need of general protective services.
ChildLine Number: 1-800-932-0313Chapter 63. – Title 23 – DOMESTIC RELATIONS (state.pa.us)
Confirmation of Reports
A confirmation by DHS of the receipt of a report of suspected child abuse submitted electronically shall relieve the person making the report of making an additional oral/verbal or written report of suspected child abuse, subject to section 6313 (relating to reporting procedure). Chapter 63. – Title 23 – DOMESTIC RELATIONS (state.pa.us)
When a county agency or law enforcement receives a referral/report, the county agency or law enforcement official is to notify DHS/ChildLine after ensuring the immediate safety of the child and any other child(ren) in the child’s home.
- When DHS/ChildLine receives a referral/report, DHS/ChildLine will immediately evaluate and transmit the information to the appropriate agency for assessment or investigation.
- Referral to county agency (CPS) – If the suspected child abuse is alleged to have been committed by a perpetrator, DHS/ChildLine will transmit the information to the county agency where the suspected child abuse is alleged to have occurred for investigation of the allegation(s).
- Referral to county agency and law enforcement officials (LEO) – If the suspected child abuse is alleged to have been committed by a perpetrator and the behavior constituting the suspected child abuse may include a violation of a criminal offense, DHS/ChildLine will transmit the information to the appropriate law enforcement official in the county where the suspected child abuse is alleged to have occurred for a joint investigation of the allegation(s).
- Referral to law enforcement officials only (LEO) – If the person suspected of committing child abuse is not a perpetrator but the behavior constituting the suspected child abuse may include a violation of a criminal offense, DHS/ChildLine will transmit the information to the appropriate law enforcement official in the county where the suspected child abuse is alleged to have occurred for investigation of the allegation(s).
Referral to county agency (GPS) – If the referral/report does not suggest the child is in need of protective services but suggests the child is in need of other services, DHS/ChildLine will transmit the information to the appropriate county agency for assessment of the needs of the child.
Notice to Mandated Reporter
If a report was made by a mandated reporter, DHS shall notify the mandated reporter who made the report of suspected child abuse within three business days of DHS’s receipt of the results of the investigation regarding whether the child abuse report is founded, indicated, or unfounded, and any services provided, arranged for, or to be provided by the county agency to protect the child.
Section 6368.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us)
Applicability of Mental Health Procedures Act (23 Pa. C.S.§6313)
Notwithstanding any other provision of law, a mandated reporter who makes a report of suspected child abuse or who makes a report of a crime against a child to law enforcement officials shall not be in violation of the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act, by releasing information necessary to complete the report.
Section 6313.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us)
Confidentiality of Reports (23 Pa.C.S. § 6339)
Except as otherwise provided in subchapter C of the PA CPSL (relating to powers and duties of department) or by the Pennsylvania Rules of Juvenile Court Procedure, reports made pursuant to the PA CPSL, including, but not limited to, report summaries of child abuse and reports made pursuant to section 6313 (relating to reporting procedure) as well as any other information obtained, reports written, or photographs or X-rays taken concerning alleged instances of child abuse in the possession of DHS or a county agency shall be confidential.Chapter 63. – Title 23 – DOMESTIC RELATIONS (state.pa.us)
Release of Information in Confidential Reports (23 Pa.C.S. § 6340)
Protecting Identity
Except for reports under section 6340(a)(9) and (10) of the PA CPSL and in response to a law enforcement official investigating allegations of false reports under 18 Pa.C.S. § 4906.1 (relating to false reports of child abuse), the release of data by DHS, county, institution, school, facility, or agency or designated agent of the person in charge that would identify the person who made a report of suspected child abuse or who cooperated in a subsequent investigation is prohibited. Law enforcement officials shall treat all reporting sources as confidential informants.
Chapter 63. – Title 23 – DOMESTIC RELATIONS (state.pa.us)
Immunity from liability (23 Pa.C.S. § 6318)
General Rule
A person, hospital, institution, school, facility, agency, or agency employee acting in good faith shall have immunity from civil and criminal liability that might otherwise result from any of the following:
- Making a report of suspected child abuse or making a referral for general protective services, regardless of whether the report is required to be made under the PA CPSL.
- Cooperating or consulting with an investigation under the PA CPSL, including providing information to a child fatality or near-fatality review team.
- Testifying in a proceeding arising out of an instance of suspected child abuse or general protective services.
- Engaging in any action authorized under 23 Pa.C.S. § 6314 (relating to photographs, medical tests and X-rays of child subject to report), § 6315 (relating to taking child into protective custody), § 6316 (relating to admission to private and public hospitals), or § 6317 (relating to mandatory reporting and postmortem investigation of deaths).
49 Pa. Code § 49.55. Immunity from liability. (pacodeandbulletin.gov)
Departmental and County Agency Immunity
An official or employee of DHS or county agency who refers a report of suspected child abuse for general protective services to law enforcement authorities or provides services as authorized by the PA CPSL shall have immunity from civil and criminal liability that might otherwise result from the action.
49 Pa. Code § 49.55. Immunity from liability. (pacodeandbulletin.gov)
Presumption of Good Faith
For the purpose of any civil or criminal proceeding, the good faith of a person required to report suspected child abuse and of any person required to make a referral to law enforcement officers under the PA CPSL shall be presumed.
49 Pa. Code § 49.55. Immunity from liability. (pacodeandbulletin.gov)
Protection from employment discrimination (23 Pa.C.S. § 6320)
Basis for Relief
A person may commence an action for appropriate relief if all of the following apply:
- The person is required to report suspected child abuse under section 6311 (relating to persons required to report suspected child abuse) or encouraged to report suspected child abuse under section 6312 (relating to persons encouraged to report suspected child abuse).
- The person acted in good faith in making or causing the report of suspected child abuse to be made.
- As a result of making the report of suspected child abuse, the person is discharged from employment or is discriminated against with respect to compensation, hire, tenure, terms, conditions, or privileges of employment.
Title 23 – DOMESTIC RELATIONS (state.pa.us)
Applicability This section does not apply to an individual making a report of suspected child abuse who is found to be a perpetrator because of the report or to any individual who fails to make a report of suspected child abuse as required under section 6311 (relating to persons required to report suspected child abuse) and is subject to conviction under section 6319 (relating to penalties) for failure to report or to refer.
Penalties (23 Pa.C.S. § 6319)
Failure to Report or Refer
A person or official required by the PA CPSL to report a case of suspected child abuse or to make a referral to the appropriate authorities commits an offense if the person or official willfully fails to do so. An offense under this section is a felony of the third degree if:
- The person or official willfully fails to report.
- The child abuse constitutes a felony of the first degree or higher, and
- The person or official has direct knowledge of the nature of the abuse.
An offense not otherwise specified above is a misdemeanor of the second degree.
A report of suspected child abuse to law enforcement or the appropriate county agency by a mandated reporter, made in lieu of a report to DHS, shall not constitute an offense under this subsection, provided that the report was made in a good faith effort to comply with the requirements of the PA CPSL.
Section 6319.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us)
Continuing Course of Action
If a person’s willful failure to report an individual suspected of child abuse continues while the person knows or has reasonable cause to suspect a child is being subjected to child abuse by the same individual, or while the person knows or has reasonable cause to suspect that the same individual continues to have direct contact with children through the individual’s employment, program, activity, or service, the person commits a felony of the third degree…except that, if the child abuse constitutes a felony of the first degree or higher, the person commits a felony of the second degree.
Section 6319.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us)
Multiple Offenses
A person who, at the time of sentencing for an offense under this section, has been convicted of a prior offense under this section commits a felony of the third degree…except that, if the child abuse constitutes a felony of the first degree or higher, the penalty for the second or subsequent offenses is a felony of the second degree.
Section 6319.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us)
Statute of Limitations
The statute of limitations for an offense under this section shall be either the statute of limitations for the crime committed against the minor child or five years, whichever is greater.Section 6319.0 – Title 23 – DOMESTIC RELATIONS (state.pa.us)
The following is a summary of key points from the content outlined on the previous pages:
- The basis for reporting suspected child abuse is having “reasonable cause to suspect” a child is a victim of child abuse.
- Nothing in the PA CPSL requires a person who has reasonable cause to suspect a child is a victim of child abuse to identify the type of abuse they are reporting when making a report of suspected child abuse.
- The PA CPSL recognizes three key components of child abuse:
- Child
- Act or failure to act; Recent act; Recent act or failure to act; or A series of acts or failures to act
- Intentionally, knowingly, or recklessly
- A mandated reporter enumerated under section 6311(a) of the PA CPSL (relating to persons required to report suspected child abuse) must immediately make a report suspected child abuse to ChildLine, Pennsylvania’s 24/7 Child Abuse Hotline and Registry, by calling 1-800-932-0313 or electronically through the Child Welfare Portal, if they have reasonable cause to suspect a child is a victim of child abuse under any of the following circumstances:
- The mandated reporter comes into contact with the child in the course of employment, occupation, and practice of a profession or through a regularly scheduled program, activity, or service.
- The mandated reporter is directly responsible for the care, supervision, guidance, or training of the child, or is affiliated with an agency, institution, organization, school, regularly established church or religious organization, or other entity that is directly responsible for the care, supervision, guidance, or training of the child.
- A person makes a specific disclosure to the mandated reporter that an identifiable child is the victim of child abuse.
- An individual 14 years of age or older makes a specific disclosure to the mandated reporter that the individual has committed child abuse.
- Nothing in section 6311 of the PA CPSL (relating to persons required to report suspected child abuse) requires a child to come before the mandated reporter in order for the mandated reporter to make a report of suspected child abuse.
- Nothing in section 6311 of the PA CPSL (relating to persons required to report suspected child abuse) requires the mandated reporter to identify the person responsible for the child abuse in order to make a report of suspected child abuse.
- Nothing in the PA CPSL requires a person who has reasonable cause to suspect a child is a victim of child abuse to consider the exclusions from child abuse in order to make a report of suspected child abuse.
A mandated reporter is presumed to have acted in good faith when making a report of suspected child abuse.
Learning Exercise 1
Michelle is an 11-year-old who is developmentally delayed. She is in an after-school reading program at the local library. She is always pleasant, but over the past two weeks, she has been crying easily. She recently also has been exhibiting a new behavior; grabbing the genitalia of other children in her reading group. This is something that she has never done before. The librarian of the afterschool program contacted Michelle’s mother, but the mother brushed off the librarian’s concerns, saying that Michelle is “preteen and moody.” The librarian also learned that Michelle’s uncle recently moved into the home and takes care of her while her mother is at work. Michelle will not discuss her uncle or her home life.
Are there any indicators for child abuse? Is there any reasonable cause to suspect child abuse? What should the librarian’s next steps be?
Learning Exercise 1 Discussion
There are indicators for abuse, including several changes in behavior (crying easily, grabbing genitalia of group mates, lack of trust and refusing to talk with the librarian). Because of the change in Michelle’s behavior, there is reason to suspect abuse. ChildLine should be notified at 1-800-932-0313, or an electronic report can be submitted at Child Welfare Portal.
Learning Exercise 2
Josie is 6 years old and plays on the city’s soccer team Her soccer coach, Ms. Kim, has always known Josie to be a good player with a good relationship with her teammates. Recently, however, Josie has been aggressive when on the field. For instance, yesterday Josie hit Julie, another girl on the team, in the head and yelled “You can’t do anything right! One day you’ll learn to do what I tell you!” During time-out, Ms. Kim also noticed Josie simulating intercourse by putting her water bottle in front of her soccer shorts and laughing.
Are there any indicators for child abuse? Is there any reasonable cause to suspect child abuse? If child abuse is suspected, should Ms. Kim report her suspicions?
Learning Exercise 2 Discussion
Ms. Kim has reasonable cause to suspect abuse due to her knowledge of the child’s behavior in the past compared to what has recently been noticed. As a mandated reporter, Ms. Kim does not have to investigate or prove that Josie is a victim of child abuse prior to making the report of suspected child abuse. ChildLine should be notified at 1- 800-932-0313, or an electronic report can be submitted at Child Welfare Portal, and the assigned personnel will investigate the report to suspected abuse.
Learning Exercise 3
Shawn is 8 years old and just arrived back home after a weeklong vacation with his mother and stepfather. Upon picking Shawn up from his mother’s house, his biological father John notices Shawn limping on his left leg and refusing to participate in any activity. When asking him if his leg hurt, Shawn shakes his head “no” and refuses to answer any of his father’s questions. John has noticed that Shawn has had several accidents resulting in injury over the last several weeks (arm injury, back pain, a bruise on the back of his neck and ear), but his mother always has excuses as to how the injuries occurred.
Are there any indicators for child abuse? Is there any reasonable cause to suspect child abuse? What should the physical education teacher’s next steps be?
Learning Exercise 3 Discussion
Shawn’s left leg pain may be an indicator of child abuse. Because of the previous injuries and their locations in addition to the current injury, there is a reason to suspect abuse. ChildLine should be notified at 1- 800-932-0313, or an electronic report can be submitted at Child Welfare Portal.
Learning Exercise 4
Kayla is a popular Junior in high school. She has a lot of friends, is on the varsity volleyball team, always has new clothes, and always ‘treats’ her friends at Starbucks after school. One day on the bus after a volleyball match, the contracted bus driver overhears Kayla talking with a friend. Kayla mentions that the friend should meet her boyfriend. Kayla describes her boyfriend as older, but really friendly, and says he taught her everything she knows about ‘” The life”. Kayla’s friend asks Kayla what “The life” is, and Kayla says “It’s where you hang out, go to meet new people, chill out, and sometimes you hookup. It’s not bad and I get paid for whatever I do. He’s even going to take me to Vegas next weekend with a couple of other girls. He says I’ll make a lot of money there. I mean, if you’re going to give it up, you may as well get paid for it. My parents don’t know, so I’m going to tell them I’m staying at your house this weekend.”
Are there any indicators for child abuse? Is there any reasonable cause to suspect child abuse? What should the contracted bus driver’s next steps be?
Learning Exercise 4 Discussion
There are indicators of severe forms of trafficking in a personshuman trafficking of a minor and sexual exploitation. As a mandated reporter of suspected child abuse, the contracted bus driver must contact ChildLine at 1- 800-932-0313, or an electronic report can be submitted at Child Welfare Portal.
Learning Exercise 5
Jimmy frequents the school nurse. Last week, he busted his lip when he tripped over his untied shoelaces in at school. The week before that, he twisted his ankle while playing dodgeball. Today, he arrived at the school nurse’s office to complain of teeth pain. During the nurse’s triage assessment, Jimmy said he fell at home and knocked one of his teeth out. He also said that his gums began to bleed when he tried to eat lunch. The nurse also notices that Jimmy has a black eye. The nurse tells Jimmy that she will have to notify his parents of his latest injury. The nurse is hesitant to do so, because every time she calls Jimmy’s father, the father yells at her through the phone. Jimmy pleads with the nurse not to call, saying “My dad’s going to be really upset, and I’ll get in trouble again. I’m tired of getting hit all the time.”
Are there any indicators for child abuse? Is there any reasonable cause to suspect child abuse? What should the school nurse’s next steps be?
Learning Exercise 5 Discussion There is an indication of suspected child abuse including the child’s statements, as well as physical indicators. The nurse does not have to prove that an injury is the result of child abuse. Because she suspects child abuse, she must contact ChildLine at 1- 800-932-0313, or an electronic report can be submitted at Child Welfare Portal.
2014 act 31. (n.d.). The official website for the Pennsylvania General Assembly. https://www.legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2014&sessInd=0&act=31
2016 act 115. (n.d.). The official website for the Pennsylvania General Assembly. https://www.legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2016&sessInd=0&act=115
2016 act 115. (n.d.). The official website for the Pennsylvania General Assembly. https://www.legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2016&sessInd=0&act=115
2018 act 54. (n.d.). The official website for the Pennsylvania General Assembly. https://www.legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2018&sessInd=0&act=54
2019 act 115. (n.d.). The official website for the Pennsylvania General Assembly. https://www.legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2019&sessInd=0&act=115
2019 act 88. (n.d.). The official website for the Pennsylvania General Assembly. https://www.legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2019&sessInd=0&act=88
49 Pa. Code § 47.55. Immunity from liability. (n.d.). Pennsylvania Code & Bulletin. https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/049/chapter47/s47.55.html
55 Pa. Code § 3490.4. Definitions. (n.d.). Pennsylvania Code & Bulletin. https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/055/chapter3490/s3490.4.html
55 Pa. Code § 3490.55. Investigation of reports of suspected child abuse. (n.d.). Pennsylvania Code & Bulletin. https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/055/chapter3490/s3490.55.html
Chapter 63. – Title 23 – Domestic relations. (n.d.). PA General Assembly. https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.063..HTM
Plans of safe care. (n.d.). Commonwealth of Pennsylvania. https://www.pa.gov/en/agencies/dhs/resources/keep-kids-safe/about-keep-kids-safe/plans-safe-care.html
Section 6304.0 – Title 23 – Domestic relations. (n.d.). PA General Assembly. https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.063.004.000..HTM?64
Section 6313.0 – Title 23 – Domestic relations. (n.d.). PA General Assembly. https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.063.013.000..HTM
Section 6319.0 – Title 23 – Domestic relations. (n.d.). PA General Assembly. https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.063.019.000..HTM?86
Section 6368.0 – Title 23 – Domestic relations. (n.d.). PA General Assembly. https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.063.068.000..HTM?50
Title 23 – Domestic relations. (n.d.). PA General Assembly. https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/23.HTM
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