self-ordained or who are members of religious organizations in which members other than the leader thereof are deemed clergymen or ministers, who while in the course of his duties has acquired information from any person secretly and in confidence shall be compelled, or allowed without consent of such person, to disclose that information in any legal proceeding, trial or investigation before any government unit.” If an individual has come to the clergy because of their religious role and affiliation in confidence, wanting forgiveness or absolution of their act or failure to act of child abuse; then the information is considered privileged.
If an individual has relayed information regarding the act or failure to act in any other setting, the information is no longer privileged and the clergy is mandated to report. ● Confidential communications made to an attorney are protected so long as they are within the scope of 42 Pa.C.S. §§5916 (relating to confidential communications to attorney) and 5928 (relating to confidential communications to attorney), the attorney work product doctrine or the rules of professional conduct for attorneys (Apr. 15, 2014, P.L.414, No.32, eff. 60 days) (Pennsylvania General Assembly n.d.).
PENALTIES FOR FAILURE TO REPORT OR REFER
1. A person or official required by this chapter to report a case of suspected child abuse or to make a referral to the appropriate authorities commits an offense if the person or official willfully fails to do so. 2. An offense under this section is a felony of the third degree if: a. The person or official willfully fails to report: a. The child abuse constitutes a felony of the first degree or higher; and b. The person or official has direct knowledge of the nature of the abuse. Continuing course of action If a person’s willful failure under subsection (a) continues while the person knows or has reasonable cause to believe the child is actively being subjected to child abuse, the person commits a Multiple offenses A person who commits a second or subsequent offense under subsection (a) commits a felony of the third degree, except that if the child abuse constitutes a felony of the first degree or Statute of limitations The statute of limitations for an offense under subsection (a) shall be either the statute of limitations for the crime committed against the minor child or five years, whichever is greater. (Nov. After the report is made ChildLine receives the report and determines who is to respond to the report, dependent upon the information reported,such as the identity, if known, of the person who allegedly acted to abuse or harm a child. ChildLine will immediately transmit oral or electronic reports they receive to the appropriate county agency and/or law enforcement official. ● If a person identified falls under the definition of perpetrator, ChildLine will refer the report to the appropriate county agency for an investigation. 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: ● 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 this chapter. ● Cooperating or consulting with an investigation under this chapter, including providing information to a child fatality or near-fatality review team. ● Testifying in a proceeding arising out of an instance of suspected child abuse or general protective services. ● Engaging in any action authorized 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. Protection for reporters §6318. Immunity from Liability
3. An offense not otherwise specified in paragraph (2) is a misdemeanor of the second degree. 4. A report of suspected child abuse to law enforcement or the appropriate county agency by a mandated reporter,made in lieu of a report to the department, shall not constitute an offense under this subsection, provided that the report was made in a good faith effort to comply with the requirements of this chapter.
misdemeanor of the first degree, except that if the child abuse constitutes a felony of the first degree or higher, the person commits a felony of the third degree.
higher, the penalty for the second or subsequent offenses is a felony of the second degree.
29, 2006, P.L.1581, No.179, eff. 180 days; Apr. 15, 2014, P.L.41, No.32, eff. 60 days) (Pennsylvania General Assembly,2019).
● If the person identified is not a perpetrator and the behavior reported includes a violation of a crime, ChildLine will refer the report to law enforcement officials. ● If a person identified falls under the definition of perpetrator and the behavior reported includes a criminal violation,ChildLine will refer the report to the appropriate county agency and law enforcement officials. If a report indicates that a child may be in need of other protective services, ChildLine will refer the report to the proper county agency to assess the needs of the child and provide services, when appropriate. Departmental and County Agency Immunity An official or employee of the department 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 this chapter 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 pursuant to section 6311(relating to persons required to report suspected child abuse) and of any person required to make a referral to law enforcement officers under this chapter shall be presumed. (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Nov. 29,2006, P.L.1581, No.179, eff. 60 days; July 3, 2008, P.L.276, No.33, eff. 180 days; Dec. 18, 2013, P.L.1201, No.119, eff.July 1, 2014) (Pennsylvania General Assembly n.d.).
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