Acts constituting any of the following crimes against a child shall be subject to the standard reporting requirements outlined in this course: ● 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 deviant 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). ● 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 report to the Department of Human Services under section 6334(a) (relating to disposition of complaints received) if the person allegedly responsible for the child abuse is a nonperpetrator child. Law enforcement officials in Pennsylvania include the attorney general, Pennsylvania district attorneys, Pennsylvania state police officers, and municipal police officers. A law enforcement official who receives a report of suspected abuse is required to immediately notify the department of the report. If it is done orally by telephone, the law enforcement official will attempt to collect as much information as possible relating to the reporting procedure and will submit either a written report or a report by electronic means within 48 hours. The exclusion applies if the person allegedly responsible for the child abuse is a nonperpetrator child. Then the law
enforcement official is not required to submit the report to the department. Healthcare consideration: A boy goes to a friend’s house. The two children begin to rough-house and wrestle, and as a result, one child, whose home it is, hurts the other child considerably. The host boy’s mother finally separates the two but only after the visiting child has a fractured rib and bloody nose. The parent of the injured child insists this is a child abuse case because their child was in the care of another parent whose child hurt their child. This situation is not considered child abuse because there is no perpetrator, only one child who hurt another child. In this situation, both children were participating in the rough-housing. Healthcare consideration: If two boys are in a consensual fist fight after school, neither is a perpetrator. Healthcare consideration: Two girls begin to argue over a boy, and one of them starts to verbally abuse the other, calling the other girl such terrible names that she begins to cry. Though this may be modeling bad behavior, it is not classified as child abuse. Neither girl is a perpetrator. Both entered into an argument of their own volition. 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 (Juvenile Court Judges’ Commission, 2014). These are exclusions to child abuse, not exclusions to reporting child abuse. If you suspect that an identifiable child is the victim of child abuse, report it. Trained professionals will determine whether child abuse has occurred.
MANDATED REPORTERS
In Pennsylvania, everyone is permitted to report child abuse. Section 6312 of the CPSL encourages “any person may make an oral/verbal (1-800-932-0313) or written report of suspected child abuse, which may be submitted electronically, or cause a report of suspected child abuse to be made to DHS, county agency or law enforcement, if that person has reasonable cause to suspect that a child is a victim of child abuse” (Pennsylvania General Assembly, n.d.a). There are two types of reporters (Keep Kids Safe, n.d.c; Pennsylvania Department of Human Services, n.d.b): ● Mandated reporters are required by the Pennsylvania Child Protective Services Law to immediately report suspected child abuse or neglect. Mandated reporters in Pennsylvania submit the most reports of suspected child abuse. In 2021, they reported 31,963 reports of suspected abuse, which is approximately 83% of all suspected abuse reports (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). Mandated reporters, by law, must report suspected abuse when they have reason to suspect—on the basis of medical, professional, or other training and experience—that a child has been abused. ● 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. In 2021, they reported 7,235 cases of
suspected abuse (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). Healthcare consideration: Reasonable cause to suspect may be a determination you make based on your training/ experience and all known circumstances – to include “who”, “what”, “when”, and “how””, observations (e.g., indicators of abuse or "red flags", behavior/demeanor of the child(ren), behavior/demeanor of the adult(s), etc.), as well as familiarity with the individuals (e.g., family situation and relevant history or similar prior incidents, etc.). It is important to recognize how your feelings and personal biases may influence your conclusions and actions. Some indicators may be more apparent than others depending on the type of abuse and/or depending on the child's health, development, and well-being, as well as may be physically visible on the child's body while other indicators may be present in the child's behaviors. Although some occupations whose members are mandated reporters are listed by name in recent legislative updates (see below), the common factor among mandated reporters is that these individuals come into direct contact with children in the course of their employment, their occupation, or practice of their profession; they may come into direct contact with children outside their employment; or they may be responsible for the welfare of children.
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Book Code: FPA0625
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