Child abuse, according to the CPSL, means 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.
- 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 (114 Stat. 1466, 22 U.S.C. § 7102 ).
Child abuse also includes certain acts in which the act itself constitutes abuse without any resulting injury or condition. These recent acts include any of the following:
- 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 during the operation of a methamphetamine laboratory, 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 parent knows or reasonably should have known was required to register as a Tier II or III sexual offender or has been determined to be a sexually violent predator or sexually violent delinquent.
"Recent" is defined as an abusive act within two years from the date the report is made to ChildLine. Sexual abuse, serious mental injury, serious physical neglect and deaths have no time limit.
The following adults are considered mandated reporters and are required to report suspected child abuse if they have 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 services 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 individual supervised or managed by a person listed above, who has direct contact with children in the course of employment.
- An independent contractor who has direct contact with children.
- 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 the department under Articles IX and X of the Public Welfare Code.
A mandated reporter must make a report of suspected child abuse if they have 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. This specific circumstance includes when a mandated reporter is "on" or "off" the clock.
- An individual 14 years of age or older makes a specific disclosure to the mandated reporter that the individual has committed child abuse.
Yes. Nothing requires the mandated reporter have direct contact with the child in order to make a report.
Mandated reporters must make an immediate and direct report of suspected child abuse to ChildLine either electronically at www.compass.state.pa.us/cwis or by calling 1-800-932-0313.
Yes, after making the report to ChildLine, you are required to immediately thereafter notify the person in charge of the institution, school, facility or agency or the designated agent of the person in charge.
The penalties for a mandated reporter who willfully fails to report child abuse range from a misdemeanor of second degree to a felony of the second degree.
Yes. Anyone who is concerned about the safety of a child is encouraged to make a report. Individuals who are encouraged, although not required by law, to make a report of suspected child abuse, can make a report to ChildLine by calling 1-800-932-0313.
Yes, persons making a report of suspected child abuse are immune from civil and criminal liability as long as the report was made in good faith. The good faith of a mandated reporter is assumed.
The identity of the person making the report is kept confidential with the exception of being released to law enforcement officials or the district attorney's office. Law enforcement and district attorney's office must treat the mandated reporter as a confidential informant.
Reasonable cause to suspect is a determination you make, based on your knowledge of circumstances, observations, familiarity with the individuals, and feelings about the incident.
Knowledge of circumstances would include:
- Who
- What
- How
- When
Observations would include:
- Indicators of abuse or "red flags" present
- Behavior and demeanor of the child
- Behavior and demeanor of the adult.
- Are there any other behaviors or other observations important to notice?
Familiarity would include the knowledge you have about:
- The individuals
- The family situation
- Relevant history or similar prior incidents
Think about your feelings and personal biases and consider how they influence your conclusions and actions.
Yes. The clearance requirements remain the same whether an employee, who works with children, is doing so virtually or in person and/or face to face. The safety of the child remains paramount and the employee is still having regular contact with children.
Yes. The clearance requirements remain the same whether a volunteer, who interacts with children, is doing so virtually or in person and/or face to face. The safety of the child remains paramount and the volunteer is still having regular contact with children.