Child abuse Pennsylvania implemented a new Child Welfare Information Solution (CWIS) on December 27, 2014. Definitions outlined reflect the amended statute that took effect December 31, 2014. Pennsylvania CPS defines 10 separate categories of child abuse as intentionally, knowingly, or recklessly committing any of the following (HHS, 2021): 1. Causing bodily injury to a child through any recent act (abuse within the last two years) or failure to act (doing nothing to prevent the abuse). 2. Fabricating, feigning, or intentionally exaggerating or inducing a medical symptom or disease that results in a potentially harmful medical evaluation or treatment to the child through any recent act. 3. 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. Example: Berating a child verbally in public places in front of others. 4. Causing sexual abuse or exploitation of a child through any act or failure to act. Example: Allowing a predator to sexually abuse a child. 5. Creating a reasonable likelihood of bodily injury to a child through any recent act or failure to act. Example: A parent leaves their small child in the car with the windows up on a hot day while in the grocery store for an hour. 6. Creating a likelihood of sexual abuse or exploitation of a child through any recent act or failure to act. Example: Leaving a child alone in the presence of a registered sexual predator. 7. Causing serious physical neglect of a child. Example: Not providing food or water to a child. 8. Engaging in any of the following specific 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. Example: Keeping a child locked in a closet or isolated room as punishment for misbehaving. ○ 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 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 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). 9. Causing the death of the child through any act or failure to act.
10. Engaging the child in a severe form of trafficking in persons or sex trafficking as those terms defined under section 103 of the Trafficking Protection Act of 2000 (114 Stat. 1466, 22 U.S.C. §7102). Direct contact with children The care, supervision, guidance or control of children or routine interaction with children. Direct volunteer contact The care, supervision, guidance or control of children and routine interaction with children. Healthcare provider A licensed hospital or healthcare facility or person who is licensed, certified, or otherwise regulated to provide healthcare 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. Perpetrator Perpetrator is defined in section 6303 of the CPSL as a person who has committed child abuse (HHS, 2021). The following shall apply (HHS, 2021): ● 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 and 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 engages a child in human or sex trafficking as those terms are defined under section 103 of the Trafficking Victims Protections Act of 2000 (114 Stat. 1466, 22 U.S.C. § 7102). ● 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; following are relations within the third degree of consanguinity: ○ Child’s parents.
○ Child’s brothers/sisters. ○ Child’s nephews/nieces. ○ Child’s grandnephews/nieces. ○ Child’s grandparents. ○ Child’s aunts and uncles. ○ Child’s first cousins. ○ Child’s great-grandparents. ○ Child’s great-aunts and uncles. ○ Child’s great-great grandparents.
A modification to Title 23 of the Pennsylvania Consolidated Statute was instituted when the 2015 Act 15 was passed. This act modified the definition of a perpetrator to include the following (Pennsylvania General Assembly, n.d.b): ● A person of 14 years of age or older and 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 services. However, only the following may be considered a perpetrator for failing to act (HHS, 2021): ○ 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 and responsible for the child’s welfare. ○ A person 18 years of age or older who resides in the same home as the child.
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