● 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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