Child abuse exclusions The term “child abuse” does not include any conduct for which an exclusion is provided in section 6304 of the PA CPSL (relating to exclusions from child abuse). Environmental factors No child shall be deemed physically or mentally abused based on injuries that result solely from environmental factors such as inadequate housing, furnishings, income, clothing, and medical care, which are beyond the control of the parent or person responsible for the child’s welfare with whom the child resides (Juvenile Court Judges’ Commission, 2014). This does not apply to any childcare service, excluding an adoptive parent (Juvenile Court Judges’ Commission, 2014). Healthcare consideration: If a family lives at the poverty level through no fault of the parents, it is not considered child abuse. Practice of religious beliefs If, upon investigation, a county agency determines that a child has not been provided needed medical or surgical care because of religious beliefs of the child’s parents or relative within the third degree of consanguinity 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 (Juvenile Court Judges’ Commission, 2014). This does not apply to childcare services or if the failure to provide care results in the death of a child (Juvenile Court Judges’ Commission, 2014). In such cases the following shall apply (Juvenile Court Judges’ Commission, 2014): ● 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. ● All correspondence with a subject of the report and the records of the department and the county agency shall not reference child abuse and shall acknowledge the religious basis for the child's condition. ● The family shall be referred for general protective services, if appropriate. ● This shall not apply if the failure to provide needed medical or surgical care causes the death of the child. ● This shall not apply to any childcare service as defined in this chapter, excluding an adoptive parent. Healthcare consideration: If an individual’s religion promotes not seeking medical attention for a child who has an upper respiratory infection, then not seeking care in this circumstance would not be considered child abuse unless it resulted in the child’s death. Use of force for supervision, control, and safety 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 (Juvenile Court Judges’ Commission, 2014): ● 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. ● The use of reasonable force is necessary for the following reasons (Juvenile Court Judges’ Commission, 2014). ○ To quell a disturbance or remove the child from the scene of a disturbance that threatens bodily injury to persons or damage to property. ○ To prevent the child from self-inflicted physical harm.
○ For self-defense or the defense of another individual. ○ To obtain possession of weapons or other dangerous objects or controlled substances or paraphernalia that are on the child or within the control of the child. Healthcare consideration: 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, she 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. Healthcare consideration: Consider a parent or caregiver who finds an illegal substance in their child’s room. When they try to remove the substance, the child becomes confrontational, and a physical struggle arises between the two. The parent has to restrain the child and so grabs their arms and hands. In the process, the child’s arm is cut by some means and the child begins to bleed. The parent or caregiver has not abused the child—they have used reasonable force to maintain order, to obtain possession of a controlled substance, and to prevent the child from self-inflicted harm caused by using the illegal substance. Finally, the physical contact between the two individuals constitutes self-defense on the parent or caregiver’s part. It is important to note that only one condition has to be met, not all or more than one, when discussing when the use of reasonable force is necessary. Rights of parents Nothing shall be construed to restrict the generally recognized existing rights of parents to use reasonable force on or against their children for supervision, control, and discipline (Juvenile Court Judges’ Commission, 2014). Such reasonable force shall not constitute child abuse. Spanking a child is a perfect example of parental rights. Many people do not believe in spanking their child or any type of physical discipline. It was not long ago when spanking was a generally accepted method of discipline and parents believed a little spanking went a long way in reprimanding their child. Today not all parents agree on this issue, but Pennsylvania believes in the right of parents to use reasonable force on or against their child in order to maintain control, to supervise, and to discipline. 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 and of itself, constitute contact that is subject to the reporting requirements of this chapter (Juvenile Court Judges’ Commission, 2014). 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—they were playing a game that involves expected physical contact. 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 (Juvenile Court Judges’ Commission, 2014). Notwithstanding the above, the following shall apply (Juvenile Court Judges’ Commission, 2014).
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