Child Abuse Identification and Reporting: The Pennsylvania Requirement _____________________________
– 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 deviate 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), and indecent exposure (as defined in 18 Pa.C.S. § 3127, relating to indecent expo- sure) 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 make a report to the department if the person allegedly responsible for the child abuse is a nonperpetrator child. Nothing in the CPSL requires a person who has reasonable cause to suspect a child is a victim of child abuse to consider the exclusions from child abuse before making a report of suspected child abuse; the exclusions from child abuse are considered/determined by DHS or the investigating agency after receipt of a referral/report. PERPETRATOR For the purposes of this course, a perpetrator is defined as an individual who has committed child abuse as defined under section 6303(b.1) of the Child Protective Services Law. The term includes only [2; 13]: • A parent of the child • A spouse or former spouse of the child’s parent • A paramour or former paramour of the child’s parent • A person 14 years of age or older responsible for the child’s welfare or having direct contact with children as an employee of childcare services, a school, or through a program, activity, or service • An individual 14 years of age or older who resides in the same home as the child • An individual 18 years of age or older who does not reside in the same home as the child but is related within the third degree of consanguinity or affinity by birth or adoption to the child
• An individual 18 years of age or older who engages a child in severe forms of trafficking in persons or sex trafficking, as those terms are defined under section 103 of the Trafficking Victims Protection Act of 2000 In a significant revision to the definition of perpetrator, school personnel and other childcare providers are consid- ered “individuals responsible for the child’s welfare” and may be perpetrators of child abuse; there is no longer a separate definition for student abuse [2]. As such, a perpetrator may be any such person who has direct or regular contact with a child through any program, activity, or services sponsored by a school, for-profit organization, or religious or other not-for- profit organization. In addition, only the following may be considered a perpetrator for failing to act [2; 13]: • A parent of the child • A spouse or former spouse of the child’s parent • A paramour or former paramour of the child’s parent • A person 18 years of age or older and responsible for the child’s welfare or who resides in the same home as the child Nothing under Pennsylvania law requires a person who has reasonable cause to suspect a child is a victim of child abuse to identify the person responsible for the child abuse in order to make a report of suspected child abuse. FORMS OF CHILD ABUSE There are several acts that may be considered abusive, and knowledge of what constitutes abuse is vital for healthcare providers and other mandated reporters. In this section, specific behaviors that fall under the category of abuse and neglect will be reviewed. Bodily Injury Bodily injury can range from minor bruises and lacerations to severe neurologic trauma and death. Bodily injury is one of the most easily identifiable forms of abuse and the type most commonly seen by healthcare professionals [34]. Definitions (23 Pa.C.S. § 6303) The following words and phrases, when used in the PA CPSL, shall have the meanings given to them in this section unless the context clearly indicates otherwise: • Bodily injury: Impairment of physical condition or substantial pain – Impairment: If, due to the injury, the child’s ability to function is reduced temporarily or permanently in any way – Substantial pain: If the child experiences what a reasonable person believes to be substantial pain
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