Child Abuse Identification and Reporting: The Pennsylvania Requirement _____________________________
b. Basis to Report A mandated reporter enumerated in subsection (a) (relating to mandated reporters) shall make a report of suspected child abuse in accordance with section 6313 (relating to reporting procedure) if the mandated reporter has reasonable cause to suspect that a child is a victim of child abuse under any of the following circumstances [32]: • 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 program, activity, or service. • 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 organi- zation, or other entity that is directly responsible for the care, supervision, guidance, or training of the child. • A person makes a specific disclosure to the mandated reporter that an identifiable child is the victim of child abuse. • An individual 14 years of age or older makes a specific disclosure to the mandated reporter (either within or outside of the reporter’s professional role) that the individual has committed child abuse. Nothing in section 6311 of the PA CPSL requires a child to come before the mandated reporter in order to make a report of suspected child abuse. Further, nothing in section 6311 of the PA CPSL requires the mandated reporter to identify the person responsible for the child abuse in order to make a report of suspected child abuse. c. Staff Members of Institutions, Etc. Whenever a person is required to report under subsection (b) (relating to basis to report) in the capacity as a member of the staff of a medical or other public or private institution, school, facility, or agency, that person shall report immedi- ately in accordance with section 6313 (relating to reporting procedure) and shall immediately thereafter notify the person in charge of the institution, school, facility, or agency or the designated agent of the person in charge [32]. Upon notifica- tion, the person in charge or the designated agent, if any, is responsible for facilitating the cooperation of the institution, school, facility, or agency with the investigation of the report. Any intimidation, retaliation, or obstruction in the investiga- tion of the report is subject to the provisions of 18 Pa.C.S. § 4958 (relating to intimidation, retaliation, or obstruction in child abuse cases). The PA CPSL does not require more than one report from any such institution, school, facility, or agency.
• A person licensed or certified to practice in any health- related field under the jurisdiction of the Department of State • A medical examiner, coroner, or funeral director • An employee of a health care facility or provider licensed by the Department of Health who is engaged in the admission, examination, care, or treatment of individuals • A school employee • An employee of a child-care service who has direct con- tact with children in the course of employment • A clergyman, priest, rabbi, minister, Christian Science practitioner, religious healer, or spiritual leader of any regularly established church or other religious organiza- tion • An individual paid or unpaid, who—on the basis of the individual’s role as an integral part of a regularly scheduled program, activity, or service—is a person responsible for the child’s welfare or has direct contact with children • An employee of a social service agency who has direct contact with children in the course of employment • A peace officer or law enforcement official • An emergency medical services provider certified by the Department of Health • An employee of a public library who has direct contact with children in the course of employment • An independent contractor • An individual supervised or managed by a person listed above, who has direct contact with children in the course of employment • An attorney affiliated with an agency, institution, orga- nization, or other entity, including a school or regularly established religious organization that is responsible for the care, supervision, guidance, or control of children • A foster parent • An adult family member who is a person responsible for the child’s welfare and provides services to a child in a family living home, community home for individuals with an intellectual disability, or host home for children that are subject to supervision or licensure by DHS under Articles IX and X of the act of June 13, 1967 (P.L.31, No.21) known as the Human Services Code (formerly the Public Welfare Code) It has long been debated whether attorneys should be included as mandated reporters. With this new definition, there is a seeming compromise, limiting the mandate to attorneys who are affiliated with an organization that is responsible for the care, supervision, guidance, or control of children [37].
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