○ 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. This excludes a person 14 to 17 years old for failing to act. This expanded definition of perpetrator now includes school employees (HHS, 2021). The prior version of the CPSL captured them in a separate category. Nothing under the PA CPSL requires a person who has reasonable cause to suspect a child is a victim of child abuse to identify the person responsible for the child abuse in order to make a report of suspected child abuse. 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, n.d.b). Under federal law, sex trafficking such as prostitution, pornography, and exotic dancing does not require there be force, fraud, or coercion if the victim is under age 18 (Keep Kids Safe, n.d.b). Person responsible A person responsible is defined as 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 (Pennsylvania General Assembly, n.d.a). The term includes any such person who has direct or regular contact with a child through any program, activity, or service sponsored by a school, for-profit organization, or religious or other not-for- profit organization (Pennsylvania General Assembly, n.d.a). 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. Recent act Recent is defined as an abusive act within two years from the date ChildLine is called (Pennsylvania General Assembly, n.d.a). Sexual abuse, serious mental injury, serious physical neglect, and deaths have no time limit (Pennsylvania General Assembly, n.d.a).
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