report the suspected abuse or neglect (Pennsylvania Child Welfare Information Solution, n.d.). The individual should notify the person in charge of the institution, if any, who shall facilitate the cooperation of the institution, school, facility, or agency (Pennsylvania Child Welfare Information Solution, n.d.). Any intimidation, retaliation, or obstruction is subject to the provisions of 18 Pa.C.S. § 4958 (Pennsylvania Child Welfare Information Solution, n.d.). The PA CPSL does not require more than one report from any such institution, school, facility, or agency. Healthcare consideration: To report suspected abuse, a mandated reporter does not have to determine whether a person meets the definition of a perpetrator. A mandated reporter shall report information if they have reasonable cause to suspect that a child is a victim of child abuse under any of the following circumstances (Pennsylvania Child Welfare Information Solution, n.d.): ● 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 Protections for mandated reporters Mandated reporters who report suspected child abuse in good faith are protected. A mandated reporter is protected under the following circumstances (Pennsylvania Family Support Alliance, n.d.): ● When the reporter reports suspected child abuse or makes a referral for general protective services, regardless of whether the report is required. ● When the reporter cooperates or consults with an investigation. ● When the reporter testifies in a proceeding arising out of an instance of suspected child abuse or general protective services. ● When the reporter engages in any action authorized as a result of suspected child abuse such as taking photographs, administering medical tests, and taking x-rays of a child subject to report; taking a child into protective custody; admitting a child to a private or public hospital; or engaging in mandatory reporting or postmortem investigation of deaths. 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 shall have immunity from civil and criminal liability that might otherwise result from the action (Pennsylvania Family Support Alliance, n.d.). Mandatory reporters will receive information from the Department of Human Services the final status of the report—whether it was unfounded, indicated, or founded, as well as the services planned or provided to protect the child. In addition, mandatory reporters have the right to know the hotline call-taker’s full name; to speak to the hotline worker’s supervisor if they do not agree with the hotline worker’s decision; to request a review of an investigation that has been deemed unfounded if there are concerns regarding the adequacy of the investigation; and to receive information about the findings and actions taken by the department during the investigation, including actions taken to ensure a child’s safety (Department of Human Services Frequently asked Questions, n.d).
program, activity, or service (information obtained through a professional role). ● 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 (information obtained through a professional role). ● A person makes a specific disclosure to the mandated reporter that an identifiable child is the victim of child abuse (information obtained through a professional role or an outside of a professional role). ● An individual 14 years of age or older makes a specific disclosure to the mandated reporter that the individual has committed child abuse (information obtained through a professional role or outside of a professional role). The circumstances above pertain to abuse information obtained through a professional role, but the last two bulleted items describe information that can be obtained from outside a professional role as well. Confidentiality In all cases, the county maintains written records of the investigation. Information regarding cases of child abuse is confidential except in certain instances specified by law (Pennsylvania Child Welfare Information Solutions, n.d.). In most circumstances, the release of data by the department, county, institution, school, facility, agency, or designated agent of the person in charge that would identify the person who made a report of suspected child abuse or who cooperated in a subsequent investigation is prohibited (Pennsylvania Child Welfare Information Solutions, n.d.). Law enforcement officials shall treat all reporting sources as confidential informants (Pennsylvania Child Welfare Information Solutions, n.d.). Privileged communication Section 6311.1 of the CPSL states that privileged communication between a mandated reporter and a patient or client of the mandated reporter shall not apply to a situation involving child abuse or relieve the mandated reporter of the duty to report suspected child abuse (Pennsylvania General Assembly, n.d.b). Confidential communication Confidential communication made to a member of the clergy is protected under 42 Pa.C.S. § 5943 (relating to confidential communications to clergy; Pennsylvania General Assembly, 2014). An example of this is a priest who was told in confessional about child abuse. This is considered confidential communication and is not required to be reported. However, if in the course of their role, they overhear or are told during a conversation about alleged child abuse, this is a case that must be reported. Confidential communication made to an attorney is protected as long as it is within the scope of 42 Pa.C.S. §§ 5916 (relating to confidential communications to attorney) and 5928 (relating to confidential communications to attorney; Pennsylvania General Assembly, 2014). An attorney who is employed by an organization that is responsible for the care of children (e.g., a day care or a school) is required to report suspected child abuse or neglect. If an attorney is told about suspected child abuse or neglect by a client in confidence outside the above setting, they are not required to report the information.
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Book Code: FPA0625
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