● 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 deviant 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 report to the Department of Human Services under section 6334(a) (relating to disposition of complaints received) if the person allegedly responsible for the child abuse is a nonperpetrator child. Law enforcement officials in Pennsylvania include the attorney general, Pennsylvania district attorneys, Pennsylvania state police officers, and municipal police officers. A law enforcement official who receives a report of suspected abuse is required to immediately notify the department of the report. If it is done orally by telephone, the law enforcement official will attempt to collect as much information as possible relating to the reporting procedure and will submit either a written report or a report by electronic means within 48 hours. The exclusion applies if the person allegedly responsible for the child abuse is a nonperpetrator child. Then the law enforcement official is not required to submit the report to the department. Healthcare consideration: A boy goes to a friend’s house. The two children begin to rough-house and wrestle, and as a result, one child, whose home it is, hurts the other child considerably. The host boy’s mother finally separates the two but only after the visiting child has a fractured rib and bloody nose. The parent of the injured child insists this is a child abuse case because their child was in the care of another parent whose child hurt their child. This situation is not considered child abuse because there is no perpetrator, only one child who hurt another child. In this situation, both children were participating in the rough-housing. Healthcare consideration: If two boys are in a consensual fist fight after school, neither is a perpetrator. Healthcare consideration: Two girls begin to argue over a boy, and one of them starts to verbally abuse the other, calling the other girl such terrible names that she begins to cry. Though this may be modeling bad behavior, it is not classified as child abuse. Neither girl is a perpetrator. Both entered into an argument of their own volition. Defensive force 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 (Juvenile Court Judges’ Commission, 2014).
Healthcare consideration: In the grocery store, you witness a woman (parent) who is upset with her child for climbing on a half-empty shelf. The parent grabs the child’s arm, she pulls the child down, and the child falls to the floor and sprains his ankle. This is not child abuse, as the parent or caregiver is using reasonable force to prevent the child from several actions, including the self- inflicted harm of the child falling. they try to remove the substance, the child becomes confrontational, and a physical struggle arises between the two. The parent has to restrain the child and so grabs their arms and hands. In the process, the child’s arm is cut by some means and the child begins to bleed. The parent or caregiver has not abused the child—they have used reasonable force to maintain order, to obtain possession of a controlled substance, and to prevent the child from self-inflicted harm caused by using the illegal substance. Finally, the physical contact between the two individuals constitutes self-defense on the parent or caregiver’s part. It is important to note that only one condition has to be met, not all or more than one, when discussing when the use of reasonable force is necessary. Rights of parents Nothing shall be construed to restrict the generally Healthcare consideration: Consider a parent or caregiver who finds an illegal substance in their child’s room. When recognized existing rights of parents to use reasonable force on or against their children for supervision, control, and discipline (Juvenile Court Judges’ Commission, 2014). Such reasonable force shall not constitute child abuse. Spanking a child is a perfect example of parental rights. Many people do not believe in spanking their child or any type of physical discipline. It was not long ago when spanking was a generally accepted method of discipline and parents believed a little spanking went a long way in reprimanding their child. Today not all parents agree on this issue, but Pennsylvania believes in the right of parents to use reasonable force on or against their child in order to maintain control, to supervise, and to discipline. Participation in events that involve physical contact with child 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 and of itself, constitute contact that is subject to the reporting requirements of this chapter (Juvenile Court Judges’ Commission, 2014). Example: A 12-year-old plays basketball with his team members at church. These members are of all ages (adults and children). The 12-year-old is hit by an adult and ends up with a broken nose. The individual who hit him did not abuse the 12-year-old—they were playing a game that involves expected physical contact. Child-on-child contact 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 (Juvenile Court Judges’ Commission, 2014). Notwithstanding the above, the following shall apply (Juvenile Court Judges’ Commission, 2014). Acts constituting any of the following crimes against a child shall be subject to the standard reporting requirements outlined in this course:
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Book Code: MPA0825
Page 66
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