Additional actions by mandated reporters There may be specific expectations and actions beyond making the initial report that mandated reporters must adhere to. A mandated reporter may be required to cooperate with the investigation and testify in proceedings that result from the case they filed if legal action is sought (Pennsylvania Child Welfare Information Solutions, n.d.).
Only a court official, law enforcement officer, treating physician, or treating hospital administrator can take protective custody of a child (Pennsylvania Child Welfare Information Solutions, n.d.). A caseworker must obtain a court order. A child can be taken into protective custody when it is immediately necessary to protect them from further harm.
PENALTIES FOR FAILURE TO REPORT SUSPECTED CHILD ABUSE
● Offers pecuniary or other benefit to the reporter, witness, or victim. ● Has a prior conviction for a violation of this section or a similar law. An offense not otherwise specified above is a misdemeanor of the second degree (Pennsylvania Child Welfare Information Solutions, n.d.). A person commits a misdemeanor of the second degree if they intentionally or knowingly make a false report of child abuse under Chapter 23 (relating to child protective services) or intentionally or knowingly induce a child to make a false claim of child abuse. 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 Department of Human Services, shall not constitute an offense under provided the report was made in a good faith effort to comply with the requirements of this chapter (Pennsylvania Child Welfare Information Solutions, n.d.). Continuing course of action If a person's willful failure to report an individual suspected of child abuse continues while the person knows or has reasonable cause to suspect a child is being subjected to child abuse by the same individual, or while the person knows or has reasonable cause to suspect that the same individual continues to have direct contact with children through the individual's employment, program, activity, or service, the person commits a felony of the third degree, except that if the child abuse constitutes a felony of the first degree or higher, the person commits a felony of the second degree. Multiple offenses A person who commits a second or subsequent offense under subsection (a) commits a felony of the third degree unless the child abuse constitutes a felony of the first degree or higher. Then the penalty for the second or subsequent offenses is a felony of the second degree (Pennsylvania Child Welfare Information Solutions, n.d.). Statute of limitations The statute of limitations for an offense of failing to report or refer shall be either the statute of limitations for the crime committed against the minor child or five years, whichever is greater (Pennsylvania Child Welfare Information Solutions, n.d.). Healthcare consideration: It is important to report all suspected child abuse and neglect cases. Failure to report can result in serious consequences, ranging from second-degree misdemeanors up to third-degree felonies (Pennsylvania Child Welfare Information Solutions, n.d.).
Many cases of child abuse and neglect are not reported, even when doing so is mandated by law. Therefore, nearly every state and U.S. territory imposes penalties, often in the form of a fine or imprisonment, on mandatory reporters who fail to report suspected child abuse or neglect as required by law. In addition, to prevent malicious or intentional reporting of cases that are not founded, many states and the U.S. Virgin Islands impose penalties against any person who files a report known to be false. Section 6319 of the CPSL states that if a mandated reporter willfully fails to report suspected child abuse, they can be charged with anything from a second-degree misdemeanor up to a third-degree felony. Failing to report multiple times increases the level of the penalty (Pennsylvania Child Welfare Information Solutions, n.d.). The statute of limitations for reporting generally mirrors that of the crime. Section 6319 states that a person commits an offense if: ● They act to obstruct, impede, prevent, or interfere with making a child abuse report, conducting of an investigation, or prosecuting a child abuse case. ● They intimidate or attempt to intimidate any reporter, victim, or witness to engage in any of the following actions: ○ Refrain from making a report of suspect child abuse. ○ Refrain from providing or withholding information, documentation, testimony, or evidence to any person regarding a child abuse investigation or proceeding. ○ Give false or misleading information, documentation, testimony, or evidence regarding a child abuse investigation or proceeding. ○ Elude, evade, or ignore any request or legal process summoning the reporter, victim, or witness to appear to testify or supply evidence regarding a child abuse investigation or proceeding. ○ Fail to appear at or participate in a child abuse proceeding or meeting involving a child abuse investigation to which the reporter, victim, or witness has been legally summoned. An offense under this section is a felony of the third degree if the person or official willfully fails to report (Pennsylvania Child Welfare Information Solutions, n.d.), the child abuse constitutes a felony of the first degree or higher, or the person or official has direct knowledge of the nature of the abuse. A violation of this section is a felony of the second degree if the person: ● Uses force, violence, deception, or threat upon the reporter, witness, or victim. The reporting process Reports of suspected child abuse are to be made immediately and directly by the person who suspects that an identifiable child is the victim of child abuse. The reporter
is not required to investigate—that is the responsibility of the county agency the report is assigned to (Pennsylvania Department of Human Services, n.d.b).
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