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. 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: 1. 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. 2. Cooperating or consulting with an investigation under the PA CPSL, including providing information to a child fatality or near-fatality review team. 3. Testifying in a proceeding arising out of an instance of suspected child abuse or general protective services. 4. 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). 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. 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. Self-Assessment Quiz Question #9
Reporting procedure (23 PA.C.S. § 6313) A written report of suspected child abuse, which may be submitted electronically, shall include the following information, if known: 1. The names and addresses of the child, the child's parents and any other person responsible for the child's welfare. 2. Where the suspected abuse occurred. 3. The age and sex of each subject of the report. 4. The nature and extent of the suspected child abuse, including any evidence of prior abuse to the child or any sibling of the child. 5. The name and relationship of each individual responsible for causing the suspected abuse and any evidence of prior abuse by each individual. 6. Family composition. 7. The source of the report. 8. The name, telephone number and e-mail address of the person making the report. 9. 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). 10. Any other information required by Federal law or regulation. 11. Any other information that the department requires by regulation. Applicability of Mental Health Procedures Act – 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. Electronic reporting (23 PA.C.S. § 6305) 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 or written report of suspected child abuse, subject to section 6313 (relating to reporting procedure). 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. ChildLine assesses whether the report should be assigned to CPS or GPS and whether immediate action is required. It is then assigned to the appropriate county agency (Prevent Child Abuse Pennsylvania, 2017). ChildLine forwards the report of suspected child abuse to the local county children and youth agency, which investigates the report to determine if the allegations can be substantiated as child abuse/neglect and arranges for or provides the services that are needed to prevent further
A report of suspected child abuse or neglect in Pennsylvania can be made in all the following ways EXCEPT: a. Submitting an electronic report via the Child Welfare portal. b. Informing a direct supervisor or boss at work. c. Calling ChildLine at 1-800-932-0313. d. Submitting a CY47 written report after making the telephone call to ChildLine. WHAT HAPPENS WHEN A REPORT OF SUSPECTED ABUSE IS MADE TO CHILDLINE
maltreatment of the child and to preserve the family unit as possible (Prevent Child Abuse Pennsylvania, 2017). If the alleged perpetrator named in the report does not meet the definition of a perpetrator under the CPSL but does suggest the need for investigation, ChildLine will forward the information to the district attorney’s office in the respective county (Prevent Child Abuse Pennsylvania, 2017). ChildLine also maintains a statewide registry that contains the names of and vital information about children who have been
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Book Code: MPA0825
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