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
Page 8
Book Code: FPA0624
EliteLearning.com/Funeral
Powered by FlippingBook