● Engaging a child in a severe form of trafficking in persons or sex trafficking, as those terms are defined under section 103 of the Trafficking Victims Protection Act of 2000. General Protective Services (GPS) General protective services are defined in section 6303 of the CPSL as: Those services and activities provided by each county agency for cases requiring protective services, as defined by the department in regulations (Pennsylvania General Assembly n.d.-a). Cases that are identified as GPS require an assessment for services and support. In these cases, the act or failure to act is detrimental to a child but do not fall under the 10 categories of child abuse per the CPSL. These services can assist parents in being able to recognize and correct conditions that are harmful to their children (Pennsylvania Department of Human Services Annual Child Abuse Report, 2018). Examples of GPS: Services to prevent the potential for harm to a child who meets one of the following conditions: Pennsylvania General Assembly, n.d.-a). ● Is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his physical, mental, or emotional health, or morals. Definitions related to the Child Protective Services Law Child A child is defined as an individual under the age of 18 (Pennsylvania General Assembly, n.d.-a). Child Abuse The term “child abuse” shall mean intentionally, knowingly or recklessly doing any of the following: (Pennsylvania General Assembly n.d.-a). ● Causing bodily injury to a child through any recent act or failure to act. ● Fabricating, feigning or intentionally exaggerating or inducing a medical symptom or disease which results in a potentially harmful medical evaluation or treatment to the child through any recent act. ● Causing or substantially contributing to serious mental injury to a child through any act or failure to act or a series of such acts or failures to act. ● Causing sexual abuse or exploitation of a child through any act or failure to act. ● Creating a reasonable likelihood of bodily injury to a child through any recent act or failure to act. ● Creating a likelihood of sexual abuse or exploitation of a child through any recent act or failure to act. ● Causing serious physical neglect of a child. ● Engaging in any of the following recent acts: ○ Kicking, biting, throwing, burning, stabbing or cutting a child in a manner that endangers the child. ○ Unreasonably restraining or confining a child, based on consideration of the method, location or the duration of the restraint or confinement. ○ Forcefully shaking a child under one year of age. ○ Forcefully slapping or otherwise striking a child under one year of age. ○ Interfering with the breathing of a child. ○ Causing a child to be present at a location while a violation of 18 Pa.C.S. § 7508.2 (relating to operation of methamphetamine laboratory) is occurring, provided that the violation is being investigated by law enforcement. ○ Leaving a child unsupervised with an individual, other than the child’s parent, who the actor knows or reasonably should have known: ■ Is required to register as a Tier II or Tier III sexual offender under 42 Pa.C.S. Ch. 97 Subch. H(relating to registration of sexual offenders), where the victim of the sexual offense was under 18 years of age when the crime was committed.
● Has been placed for care or adoption in violation of law. ● Has been abandoned by his parents, guardian or other custodian. ● Is without a parent, guardian or legal custodian. ● Is habitually and without justification truant from school while subject to compulsory school attendance. ● Has committed a specific act of habitual disobedience of the reasonable and lawful commands of his parent, guardian or other custodian and who is ungovernable and found to be in need of care, treatment or supervision. ● Is under 10 years of age and has committed a delinquent act. ● Has been formerly adjudicated dependent under section 6341 of the Juvenile Act (relating to adjudication), and is under the jurisdiction of the court, subject to its conditions or placements and who commits an act. ● Has been referred under section 6323 of the Juvenile Act (relating to informal adjustment), and who commits an act which is defined as ungovernable. ■ Has been determined to be a sexually violent predator under 42 Pa.C.S. § 9799.24 (relating to assessments) or any of its predecessors. ■ Has been determined to be a sexually violent delinquent child as defined in 42 Pa.C.S. § 9799.12(relating to definitions). ○ Causing the death of the child through any act or failure to act engaging a child in a severe form of trafficking in persons or sex trafficking, as those terms are defined under section 103 of the Trafficking Victims Protection Act of 2000 (Pennsylvania General Assembly, n.d.-a). Sexual Abuse or Exploitation (Any of the following): The employment, use, persuasion, inducement, enticement or coercion of a child to engage in or assist another individual to engage in sexually explicit conduct, which includes, but is not limited to, the following: ● Looking at the sexual or other intimate parts of a child or another individual for the purpose of arousing or gratifying sexual desire in any individual. ● Participating in sexually explicit conversation either in person, by telephone, by computer or by a computer-aided device for the purpose of sexual stimulation or gratification of any individual. ● Actual or simulated sexual activity or nudity for the purpose of sexual stimulation or gratification of any individual. ● Actual or simulated sexual activity for the purpose of producing visual depiction, including photographing,videotaping, computer depicting or filming. ○ This paragraph does not include consensual activities between a child who is 14 years of age or older and another person who is 14 years of age or older and whose age is within four years of the child’s age. ○ Any of the following offenses committed against a child: ■ Rape as defined in 18 Pa.C.S. § 3121 (relating to rape). ■ Statutory sexual assault as defined in 18 Pa.C.S. § 3122.1 (relating to statutory sexual assault). ■ Involuntary deviate sexual intercourse as defined in 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse). ■ Sexual assault as defined in 18 Pa.C.S. § 3124.1 (relating to sexual assault). ■ Institutional sexual assault as defined in 18 Pa.C.S. § 3124.2 (relating to institutional sexual assault).
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Book Code: FPA0624
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