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PENNSYLVANIA Funeral Continuing Education
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WHAT’S INSIDE
Chapter 1: Pennsylvania Mandatory Child Abuse Recognition and Reporting (Renewal Licensure)
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[2 CE hours] This course fulfills the Pennsylvania Healthcare Professionals 2-year licensure renewal continuing education requirement for 2 contact hours of Child Abuse Recognition and Reporting. The course provides the details of the identification, assessment, and reporting of child abuse and reviews Pennsylvania’s state laws regarding child abuse and neglect.
Chapter 2: Infectious Disease Control for Funeral Directors and Embalmers
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[4 CE hours] Funeral professionals need to have knowledge of different types of infectious disease, modes of transmission, and also for maintaining a safe environment for personnel, the public and the environment.
Final Examination Answer Sheet
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©2023: All Rights Reserved. Materials may not be reproduced without the expressed written permission or consent of Colibri Healthcare, LLC. The materials presented in this course are meant to provide the consumer with general information on the topics covered. The information provided was prepared by professionals with practical knowledge in the areas covered. It is not meant to provide medical, legal or professional services advice. Colibri Healthcare, LLC recommends that you consult a medical, legal or professional services expert licensed in your state. Colibri Healthcare, LLC has made all reasonable efforts to ensure that all content provided in this course is accurate and up to date at the time of printing, but does not represent or warrant that it will apply to your situation or circumstances and assumes no liability from reliance on these materials.
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FUNERAL CONTINUING EDUCATION 2024
Book code: FPA0624
FREQUENTLY ASKED QUESTIONS What are the requirements for license renewal? Licenses Expire CE Hours
Mandatory Subjects
2 Hours of Child Abuse Recognition and Reporting Training
Renewals are due on February 1st (even years)
6 (All hours are allowed through home-study)
How much will it cost? If you are only completing individual courses in this book, enter the code that corresponds to the course below online.
COURSE TITLE
HOURS
PRICE
COURSE CODE
Chapter 1: Pennsylvania Mandatory Child Abuse Recognition and Reporting (Renewal Licensure) Chapter 2: Infectious Disease Control for Funeral Directors and Embalmers
2 4 6
$24.97 $37.95 $54.95
FPA02CA FPA04IC FPA0624
Best Value - All 6 Hours
How do I complete this course and receive my certificate of completion? See the inside front cover for step by step instructions to complete and receive your certificate. Are you a Pennsylvania board-approved provider? Colibri Healthcare, LLC is an approved continuing education provider by the Pennsylvania State Board of Funeral Directors - Pennsylvania Bureau of Professional and Occupational Affairs (Provider #FDCE000121). Do I have to complete the new Child Abuse Recognition and Reporting course and why do I have to provide the last 4 digits of my Social Security number? Per the Pennsylvania Department of State , all funeral directors and embalmers must complete the 2-hour Child Abuse Recognition and Reporting course in order to renew their license. The Department of State requires us to obtain your date of birth and the last 4 digits of your Social Security number in order to report your hours. If you wish to not provide your date of birth and last 4 digits of your Social Security number on the test sheet, you can complete the course online at EliteLearning.com/Book . Please also provide your license number for test completion and certificate issuance. Are my hours reported to the Pennsylvania board? No, the Pennsylvania State Board of Funeral Directors requires licensees to certify at the time of renewal that they have complied with the continuing education requirement. The Board performs audits at which time proof of continuing education must be provided. NOTE: Your Child Abuse Recognition and Reporting hours will be reported to the Pennsylvania Department of State within one business day. What information do I need to provide for course completion and certificate issuance? Please provide your license number on the test sheet to receive course credit. Your state may require additional information such as date of birth and/or last 4 of Social Security number; please provide these, if applicable. Is my information secure? Yes! We use SSL encryption, and we never share your information with third-parties. We are also rated A+ by the National Better Business Bureau. What if I still have questions? What are your business hours? No problem, we have several options for you to choose from! Online at EliteLearning.com/Funeral you will see our robust FAQ section that answers many of your questions, simply click FAQs at the top of the page, e-mail us at office@elitelearning.com, or call us toll free at 1-888-857-6920, Monday - Friday 9:00 am - 6:00 pm, EST. Important information for licensees: Always check your state’s board website to determine the number of hours required for renewal, mandatory topics (as these are subject to change), and the amount that may be completed through home-study. Also, make sure that you notify the board of any changes of address. It is important that your most current address is on file.
Licensing board contact information: Pennsylvania State Board of Funeral Directors
P.O. Box 2649 I Harrisburg, PA 17105-2649 I Phone: (717) 783-3397 I Fax: (717) 705-5540 Website: http://www.dos.pa.gov/ProfessionalLicensing/BoardsCommissions/FuneralDirectors
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Book code: FPA0624
FUNERAL CONTINUING EDUCATION 2024
Chapter 1: Pennsylvania Mandatory Child Abuse Recognition and Reporting (Renewal Licensure) 2 CE Hours
By: Margaret Hughes, MSN, RN, CPNP Learning objectives Upon completion of this course, the learner should be able to: Describe the Child Welfare System in Pennsylvania. Explain the differences between Child Protective Services (CPS) and General Protective Services GPS). Define various terms from the Child Protective Services Law (CPSL).
Discuss child abuse types and indicators. List the various legislative updates made to the CPSL. Apply the updated requirements and reporting procedures for reporting child abuse in Pennsylvania.
INTRODUCTION
Approximately 3.5 million children in the U.S. were the subjects of at least one child abuse report in 2017 (U.S. Department of Health & Human Services [HHS], 2019). In Pennsylvania alone, there were 46,208 reports of suspected child abuse in that same year (HHS, 2019). The Pennsylvania Child Protective Services Laws (CPSL) was enacted in 1975, and has had numerous updates over the years. The goal was to protect children from
abuse and thereby allowing the opportunity for the healthy growth and development of children and whenever possible, preserve the stability of the family. Act 33 of 2014 amended title 23 (Domestic Relations) known as the Child Protective Services Law which was effective December 31, 2014 (Pennsylvania General Assembly,2014).
OVERVIEW OF CHILD WELFARE IN PENNSYLVANIA
To help families achieve positive outcomes, child welfare systems throughout the country, including Pennsylvania, have strengthened their approaches to practice. Practice models guide the work of those involved with the child welfare system,enabling them to work together to improve outcomes for children, youth, and families. In the Commonwealth of Pennsylvania, child welfare is state supervised and county administered (Pennsylvania Department of Human Services Annual Child Abuse Report, 2018).
The Pennsylvania General Assembly created the Task Force on Child Protection in 2011. The objective was to conduct a thorough review of the law and it’s procedures for reporting child abuse while protecting children. As a result of this law many pieces of legislation have been enacted by the Pennsylvania General Assembly (Pennsylvania Department of Human Services Annual Child Abuse Report, 2018).
THE CHILD PROTECTIVE SERVICES LAW (CPSL)
This law was enacted to protect children from abuse; allow the opportunity for healthy growth and development; and,whenever possible, preserve and stabilize the family (Pennsylvania General Assembly, n.d.-a). The CPSL ensures that each county establishes a protective services program to protect children locally (Pennsylvania General Assembly, n.d.-a). Section 6302(b) of the CPSL states its purpose as follows:
Establish in each county protective services for the purpose of investigating the reports swiftly and competently,providing protection for children from further abuse and providing rehabilitative services for children and parents involved so as to ensure the child’s well-being and to preserve, stabilize and protect the integrity of family life wherever appropriate or to provide another alternative permanent family when the unity of the family cannot be maintained (Pennsylvania General Assembly, n.d.-a). it’s important to understand the distinction between the 2 services, mandated reporters do not have todetermine which service it is when contacting ChildLine (Pennsylvania Department of Human Services Annual Child Abuse Report 2018). ● Causing or substantially contributing to serious mental injury to a child through any act or failure to act or a serious 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 t o a child through act 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 neglect of a child. ● Engaging in the following recent per se acts. ● Causing the death of the child through any act or failure to act.
CHILD PROTECTIVE SERVICES VERSUS GENERAL PROTECTIVE SERVICES
Children, Youth and Families agencies have two essential functions: Child Protective Services (CSP) and General Protective Services (GPS).When a case is reported, trained professionals categorize the report as either a CPS case or GPS case. Although Child Protective Services (CPS) Cases that are identified as CPS require abuse investigations because the alleged act or failure to act has been identified as one of the 10 categories of child abuse per the Child Protective Services Law (CPSL) (Pennsylvania Department of Human Services Annual Child Abuse Report, 2018). Examples of CPS 10 Categories of Child Abuse: ● Causing bodily injury to a child through any recent act or failure to act. ● Fabricating, feigning or intentionally exaggerating or inducing medical symptoms or disease which results in potentially harmful medical evaluation or treatment to the child through any recent act.
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● 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. General Protective Services (GPS) General protective services are defined in section 6303 of the CPSL as: Those services and activities provided by each county agency for cases requiring protective services, as defined by the department in regulations (Pennsylvania General Assembly n.d.-a). Cases that are identified as GPS require an assessment for services and support. In these cases, the act or failure to act is detrimental to a child but do not fall under the 10 categories of child abuse per the CPSL. These services can assist parents in being able to recognize and correct conditions that are harmful to their children (Pennsylvania Department of Human Services Annual Child Abuse Report, 2018). Examples of GPS: Services to prevent the potential for harm to a child who meets one of the following conditions: Pennsylvania General Assembly, n.d.-a). ● Is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his physical, mental, or emotional health, or morals. Definitions related to the Child Protective Services Law Child A child is defined as an individual under the age of 18 (Pennsylvania General Assembly, n.d.-a). Child Abuse The term “child abuse” shall mean intentionally, knowingly or recklessly doing any of the following: (Pennsylvania General Assembly n.d.-a). ● 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 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 placed for care or adoption in violation of law. ● Has been abandoned by his 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 his 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. ● Has been referred under section 6323 of the Juvenile Act (relating to informal adjustment), and who commits an act which is defined as ungovernable. ■ 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). ○ 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 (Pennsylvania General Assembly, n.d.-a). Sexual Abuse or Exploitation (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. ○ 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 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).
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■ 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). Bodily Injury Impairment of physical condition or substantial pain. (Pennsylvania General Assembly, n.d.-a). Serious Mental Injury A serious mental injury is defines as 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. Serious Physical Neglect Serious physical neglect is defined as 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 (Pennsylvania General Assembly, n.d.-a). Act or Failure to Act 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. 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. (Pennsylvania General Assembly, n.d.-a) ● Extreme apprehensiveness/vigilance. ● Pronounced aggression or passivity. ● Flinches easily or avoids being touched. ● Play includes abusive behavior or talk. ● Unable to recall how injuries occurred or account of injuries is inconsistent with the nature of the injuries. ● Fear of parent or caregiver. employee of a 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, as provided in this section: ● 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. ● School employee: Behavioral Indicators. ● Fear of going home. 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. Prior to December 31, 2014,
CHILD ABUSE INDICATORS
The following are possible indicators of child abuse. (Child Welfare, 2019) Bodily injury Physical Indicators. ● Unexplained injuries. ● Unbelievable or inconsistent explanations of injuries. ● Multiple bruises in various stages of healing. ● Bruises located on faces, ears, necks, buttocks, backs, chests, thighs, back of legs, and genitalia. ● Bruises that resemble objects such as a hand, fist, belt buckle, or rope. ● Injuries that are inconsistent with a child’s age/developmental level. ● Burns. Sexual abuse or exploitation Physical Indicators. ● Sleep disturbances. ● Bed wetting. ● Pain or irritation in genital/anal area. ● Difficulty walking or sitting. ● Difficultly urinating. ● Pregnancy. ● Positive testing for sexually transmitted disease or HIV. ● Excessive or injurious masturbation. The following are possible indicators of child abuse. (Child Welfare, 2019): Health care provider consideration: A mandated reporter does not have to determine whether the person meets thedefinition of perpetrator to report suspected abuse. (Pennsylvania Department of Human Services, 2019) Perpetrator Perpetrator is defined in section 6303 of the CPSL as a person who has committed child abuse The following shall apply: 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 and responsible for the child’s welfare or having direct contact with children as an
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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. Direct contact The care, supervision, guidance or control of children OR routine interaction with children. A person 18 years of age or older who resides in the same home as the child. (Pennsylvania General Assembly, n.d.-a) Self-Assessment Quiz Question #1 #2 Which of the following of Mary’s issues (if diagnosed by a licensed psychologist or physician) may fit the CPSL definition of serious mental injury? a. Bruises that are not consistently explained. b. Speech and language impaired. c. Failing in school. d. Thin and not eating much. Self-Assessment Quiz Question #1 #3 Mary’s bruises may be a result of which of the following types
only incidents of sexual abuse or exploitation and serious bodily injury by a school employee were considered child abuse under the CPSL. There was a separate reporting and investigation process in place for other types of abuse. Now the current law allows for school employees to be considered perpetrators under the definition provided for “person responsible for the child’s welfare”or person “having direct contact with children.” § 630. Case study Mary is a thin, speech and language impaired, multiracial second grader at your elementary school. Her teacher, Mrs. Anderson is in your office to discuss the concerns that she has with regards to Mary’s peer relationships. The father will not allow her or her 10 year old brother to participate in the after-school tutoring program on the school campus. Mrs. Anderson has made several attempts to get the parents in for a conference. After going to the nurse, it was found that she had old bruises on the knuckles of both hands as well as her legs. When asked how she got them, Mary replied: “My Dad, he has me boxing ’cause I gotta get tough and shape up.” According to her, Dad says her weight is getting out of control and that’s why she doesn’t eat lunch some days. When questioned about the old bruises on her legs, Mary said she fell. Mary asked if she could go back to class, and asked that the nurse not call her dad. Self-Assessment Quiz Question #1 According to the CPSL all of the following individuals can be defined as a perpetrator in Mary’s case except: a. Her 10 year old brother.
of child abuse? a. Bodily injury. b. Serious mental injury. c. Serious physical neglect. d. Sexual abuse or exploitation.
Self-Assessment Quiz Question #1 #4 Which of the following are true regarding possible physical indicators of sexual abuse or exploitation in children : a. Self-injury.
b. Her parents. c. Any teacher. d. All are correct.
b. Fire setting. c. Anxiousness. d. Bedwetting. LEGISLATIVE UPDATES TO THE CPSL
The following list does not include all legislative bills but rather highlights some of the recent changes in legislation impacting In 2014, Pennsylvania passed Act 105 Pennsylvania’s antihuman trafficking law, which defined human trafficking to include both sex trafficking and labor trafficking (PCAR, 2018a). The Pennsylvania Legislature then enacted Act 115 of 2016, which amended Title 23 (Domestic Relations) In 2016, Pennsylvania passed Act 115 This Act added Engaging a child in a severe form of trafficking in persons or sex trafficking as a form of child abuse. This type of child abuse includes both sex trafficking and labor trafficking of children. Child Sex Trafficking: Any child under the age of 18 who is induced to engage in commercial sex is a victim of sex trafficking. Examples of sex trafficking of children includes prostitution, pornography, and sex tourism (PCAR, n.d.). Human trafficking Human trafficking is defined as the recruitment, harboring, transportation, provision, or obtaining of a child for labor or services through use of force, fraud, or coercion (Keep Kids Safe, 2019b). Under federal law, sex trafficking such as prostitution Types of human trafficking Labor or services trafficking May include the recruitment, harboring, transportation, provision, or obtaining a person for labor or services (Human Trafficking Hotline, n.d.-b). There may be use of force, fraud, or
mandated reporters and the process of recognizing and reporting suspected child abuse.
and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes to include human trafficking (PCAR, 2018a).
Child Labor Trafficking: The use of force, fraud, or coercion for the purpose of subjection in involuntary servitude,peonage, debt bondage, or slavery. Examples of labor trafficking include agricultural or domestic service workers who are underpaid or not paid at all, physically abusive traveling sales crews that force children to sell legal items (e.g., magazines)or illegal items (e.g., drugs) or to beg, and workers in restaurants and hair and nail salons who are abused, confined,and/or not paid (PCAR, n.d.).
pornography, and exotic dancing does not require there be force, fraud, or coercion if the victim is under 18(Keep Kids Safe, 2019b).
coercion for the purpose of subjection to involuntary servitude peonage (paying off a debt through work), debt bondage (debt slavery, bonded labor or services for a debt or other obligation), or slavery (a condition compared to that of a slave in respect
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Commercial Sex Trafficking. Commercial sex trafficking may include the recruitment, harboring, transportation, provision, or obtaining a person for sexual services (Human Trafficking Hotline, n.d.-a). This type of trafficking involves a commercial sex act that is induced by force, fraud, or coercion or in which the person under the age of 18 years of age is induced to perform such an act (Human Trafficking Hotline, n.d.-a). Commercial sex act is any sex act when anything of value is given to or received by any person(Human Trafficking Hotline, n.d.-a). ● Youth with intellectual or physical disabilities. ● Youth with mental health or substance abuse disorders. ● Youth with a history of sexual abuse. ● Youth with a history of being involved in the welfare system. ● Youth who identify as native or aboriginal. ● Youth with family dysfunction. ● Lying about or not being aware of their true age. ● Having no knowledge of personal data such as age, name, or date of birth. ● Having no identification. ● Wearing sexually provocative clothing. ● Wearing new clothes of any style, getting hair or nails done with no financial means. ● Secrecy about whereabouts. ● Having late nights or unusual hours. ● Having a tattoo that she is reluctant to explain. ● Being in a controlling or dominating relationship. ● Not having control of own finances. ● Exhibits hypervigilance or paranoid behaviors. ● Expresses interest in or in relationship with adults or much older men or women. Act 54 Update Mandatory Notification of Substance Exposed Infants by Health Care Providers A health care provider shall immediately give notice or cause notice to be given to the Department 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. ● A Fetal Alcohol Spectrum Disorder. Notification to the Department 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. (Pennsylvania General Assembly,2018). 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. ● Multidisciplinary Team – for the purpose of informing the Plan of Safe Care may include: ○ Public health agencies. ○ Maternal and child health agencies. ○ Home visitation program. ○ Substance use disorder prevention and treatment providers. ○ Mental health providers.
of exhausting labor or restricted freedom)(Human Trafficking Hotline, n.d.-b). Sex Trafficking. When a child under 18 years of age is recruited and harbored for the purposes of sex, prostitution, pornography, or exotic dancing and is forced to work for little or no pay, it is considered sex trafficking (Human Trafficking Hotline, n.d.-a). The victim is often threatened with serious harm, physical restraint, or abuse of legal process if the child does comply with the wishes of the perpetrator (Human Trafficking Hotline, n.d.-a). Youth at risk for human trafficking Although human trafficking victims may be of any age, younger and older teens are at highest risk, including the following youth (Keep Kids Safe, n.d.-b): ● Youth in the foster care system. ● Youth who identify as lesbian, gay, bisexual, transgender, queer/questioning, intersex, asexual (LGBTQIA). ● Youth who are homeless or runaways. Victim identification in human trafficking Identifying victims of human trafficking is a complex and difficult task. There is often fear for victim safety or loyalty to the perpetrator (Keep Kids Safe, n.d.-b). This may result in little cooperation from the victim when trying to validate or verify clinical findings (Keep Kids Safe, n.d.-b). Victim warning signs include the following (Keep Kids Safe, n.d.-b): ● A youth that has been verified to be under 18 years of age and is involved in the commercial sex industry or has a record of prior arrest for prostitution or related charges. ● Has an explicitly sexual online profile. ● Frequents internet chat rooms or classified sites. ● Depicts elements of sexual exploitation in drawing, poetry, or other modes of creative expression. ● Frequent or multiple sexually transmitted diseases or pregnancies. In 2018, Pennsylvania passed four legislative acts Act 10 States that Pennsylvania’s sexual offender registration applies only to individuals who have committed a sexually violent offense on or after December 20, 2012 (Pennsylvania General Assesmbly,2018). Act 29 Expanded Pennsylvania’s definition of child abuse to include when a person leaves a child unsupervised with an individual other than the parent, whom she knows to be a sexually violent predator (Pennsylvania General Assesmbly,2018). Act 54 Required the following: all schools to display a child abuse informational poster on premises. It also states that reportsshall be maintained for a period of [five] ten years[.] or until the youngest child identified in the most recent general protective services report attains 23 years of age, whichever occurs first (Pennsylvania Department of Human Services Annual Child Abuse Report, 2018). 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
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○ 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. Act 88 Act 88 of 2018 allows the court to appoint a family member temporary guardianship in 90-day increments up to one year when the child’s parent enters a rehabilitation facility for drug or alcohol treatment.(Pennsylvania General Assembly,2018) Act 88 2019 Update. Act 88 Legislative 2019 Update: CPSL (23 Pa. C.S. § 6319) Clarified penalties for failure to report child abuse (Pennsylvania General Assembly, n.d.-a) § 6319. Penalties. A mandated reporter who willfully fails to report suspected child abuse or
to make a referral to the appropriate authorities,commits an offense. The offense 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. ● The person or official has direct knowledge of the nature of the abuse. ● An offense not otherwise specified previously is a misdemeanor of the second degree. If a mandated reporter makes a report to law enforcement or the appropriate county agency in lieu of reporting to ChildLine, this is not an offense for failure to report, as long as the report was made in a good faith effort to comply with therequirements to report.
EXCLUSIONS FROM CHILD ABUSE PER THE CPSL
Exclusion is when substantiating a report not when making a report. Pennsylvania has identified scenarios that should notbe considered child abuse. Pennsylvania statute § 6304 (exclusions Environmental factors 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 Practice of religious beliefs 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. In such cases the following shall apply: 1. 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. 2. All correspondence with a subject of the report and the records of the department and the county agency shall not Use of force for supervision Use of control and safety purposes. Subject to subsection (d), 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: 1. 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. 2. The use of reasonable force is necessary: 3. To quell a disturbance or remove the child from the scene of a disturbance that threatens physical injury to persons or damage to property; a. Prevent the child from self-inflicted physical harm; Rights of parents Nothing in this chapter 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. (Pennsylvania General Assembly n.d.) Example: Spanking a child is a perfect example of parental rights. Many people do not believe in spanking their child or any type physical discipline. It was not long ago when spanking was a generally accepted method of discipline and parents believed a little spanking goes a long way in reprimanding their child. Today not all parents agree on this issue, but Pennsylvania
from child abuse) details the following scenarios thathave been excused from such a determination.
resides. This subsection shall not apply to any child-care service as defined in this chapter, excluding an adoptive parent. Example: If a family lives at the poverty level through no fault of the parents, it is not considered child abuse.
reference child abuse and shall acknowledge the religious basis for the child’s condition. 3. The family shall be referred for general protective services, if appropriate. 4. This subsection shall not apply if the failure to provide needed medical or surgical care causes the death of the child. 5. This subsection shall not apply to any child-care service as defined in this chapter, excluding an adoptive parent. Example: If an individual’s religion does not believe in seeking medical attention for his child who has an upper respiratory infection. This is not considered child abuse unless it results in the death of a child. b. For self-defense or the defense of another individual; or c. To obtain possession of weapons or other dangerous objects or controlled substances or d. Paraphernalia that are on the child or within the control of the child. Example: 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, 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. believes in the rights of parents to use reasonable force on or against their child in order to maintain control,to supervise, and to discipline. There is a fine line between corporal punishment and child abuse, and each case should be looked at individually on a case by case format. Corporal punishment can be referred to ChildLine and it will be reviewed. A parent may claim it is corporal punishment, but that doesn’t mean it will be not be deemed child abuse. It’s important to consider the following circumstances: ● Was the parent mad when they gave the consequence? ● What part of the body did the spanking occur? ● Did the parent use an object or a hand?
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● Was an open or closed fist used? ● Did this leave any bodily marks after the event?
● If so, how long did this occur? ● Did it impede the child in any way either short or long term?
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 itself, constitute contact that is subject to the reporting requirements of this chapter. 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. ● Notwithstanding paragraph (1), the following shall apply: ● Acts constituting any of the following crimes against a child shall be subject to the reporting requirements of this chapter:
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; he was playing a game that involves expected physical contact. ■ 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 the department under section 6334(a) (relating to disposition of complaints received), if the person allegedly responsible for the child abuse is a non-perpetrator child Example: Two boys in a consensual fist fight after school does not deem either one of them a perpetrator.
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); and 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. (Dec. 18, 2013, P.L.1170, No.108, eff. Dec. 31, 2014) (Pennsylvania General Assesmbly, 2018).
RESPONSIBILITIES FOR REPORTING SUSPECTED CHILD ABUSE
There are Two Types of Reporters: Mandated Reporters and Permissive Reporters. (Keep Kids Safe, n.d.-c;Pennsylvania Department of Human Services, n.d.-b) Mandated reporters Person who is required by this chapter to make a report of suspected child abuse. According to the CPSL, A mandated reporter enumerated in subsection: (a) The following adults shall make a report of suspected child abuse or cause a report to be made 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: ● 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 Permissive reporters Are encouraged, but not required, to report child abuse. Permissive reporters are not required to give their name, but it may be released to law enforcement officials or the district attorney’s office if necessary. They may make an oral or written report of suspected child abuse, or cause a report of suspected child abuse to be made to the department, county agency or
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 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 ● An independent contractor ● 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 act of June 13, 1967 (P.L. 31, No. 21),known as the Public Welfare Code law enforcement, if that person has reasonable cause to suspect that a child(ren) is a victim of child abuse. N ote that because permissive reporters are unable to access the electronic /CWIS system, written reports in this section refers to hand written letters, emails or typed correspondence, etc. (Pennsylvania General Assembly, n.d.-a)
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Basis to report A mandated reporter enumerated in subsection (a) 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: 1. 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. 2. 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. 3. A person makes a specific disclosure to the mandated reporter that an identifiable child is the victim of child abuse. This means that the mandated reporter is required to make Staff members of institutions, etc. Whenever a person is required to report under subsection 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 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
the referral whether they are “on or off the clock”. Please remember that there are many ways to identify a child or family, it is not only limited to knowing the names. 4. An individual 14 years of age or older makes a specific disclosure to the mandated reporter that the individual has committed child abuse 5. Nothing in this section shall require a child to come before the mandated reporter in order for the mandated reporter to make a report of suspected child abuse. 6. Nothing in this section shall require the mandated reporter to identify the person responsible for the child abuse to make a report of suspected child abuse. It is not the responsibility of a reporter to determine if the person who allegedly committed child abuse or harm to a child is a perpetrator. It is NOT a reporter’s responsibility to determine if the person who allegedly committed child abuse or harm to a child is a perpetrator (Pennsylvania General Assembly,2018). 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). This chapter does not require more than one report from any such institution, school, facility or agency (Pennsylvania General Assembly, 2018). Health care provider consideration: A mandated reporter does not have to determine whether the person meets the definition of perpetrator to report suspected abuse (Pennsylvania Child Welfare Information Solution, n.d.).
REPORTING PROCESS
The law requires that the mandated (www.keepkidssafe.pa.gov) reporter identify themselves and where they can be reached. They must leave their full name and contact information. This information is helpful so that if clarification on the situation or additional information is needed, the Children & Youth caseworker can contact the reporter. This reporting process was created with the mandated reporter in mind. 1. A mandated reporter shall immediately make an oral report of suspected child abuse to the department via the Statewide toll-free telephone number under section 6332 (relating to establishment of Statewide toll-free telephone Immediate reporting Reports should be made immediately either orally to ChildLine (1-800-932-0313) or through the electronic submission through the Child Welfare portal at www.compass.state.pa.us/cwis. Oral reports are then required to be followed up within 48 hours with a written report that is sent to the investigating agency. The approved written form can be found at www.keepkidssafe. pa.gov. The form is under the forms tab (located on the left- Mandated reporters right-to know 6368 Notice to mandated reporter.--If a report was made by a mandated reporter under section 6313 (relating to reporting procedure), the department shall notify the mandated reporter who made the report of suspected child abuse of all of the following within three business days of the department’s receipt of the results of the investigation: Confidential/privileged communications Section 6311.1 of the CPSL (a)General rule-Subject to subsection (b) 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. ● Relieve the mandated reporter of the duty to make a report of suspected child abuse. (Pennsylvania General Assembly, n.d.-b).
number) or a written report using electronic technologies under section 6305 (relating to electronic reporting). 2. A mandated reporter making an oral report under paragraph (1) of suspected child abuse shall also make a written report, which may be submitted electronically, within 48 hours to the department or county agency assigned to the case in a manner and format prescribed by the department. 3. The failure of the mandated reporter to file the report under paragraph (2) shall not relieve the county agency from any duty under this chapter, and the county agency shall proceed as though the mandated reporter complied with paragraph (2). (Pennsylvania General Assembly,2018). hand side of the main page). The form is Report of Suspected Child Abuse (CY47). This is ONLY required if the report is completed orally and not done via electronic submission. If a reporter completes the electronic submission through the portal they have completed their mandated requirement without completing any other forms or notifications (Pennsylvania General Assembly,2018). 1. Whether the child abuse report is founded, indicated or unfounded. 2. Any services provided, arranged for or to be provided by the county agency to protect the child(Pennsylvania General Assembly,2018). (Confidential communications.--The following protections shall apply: ● As per the Child Protective Services Law §6311.1 (b.1), confidential communication made to the member of the clergy are protected under 42 Pa. C.S. §5943. This portion of the Pennsylvania Statute states, No clergyman, priest,rabbi or minister of the gospel of any regularly established church or religious organization, except clergymen or ministers who are
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