____________________________ Child Abuse Identification and Reporting: The Pennsylvania Requirement
Not surprisingly, more than three-quarters (80%) of suspected child abuse reports are made by mandated reporters [27]. More specifically, the majority of child abuse reports come from mandated reporters in public/private social services agencies. Privileged Communications (23 Pa.C.S. § 6311.1) a. General Rule Subject to subsection (b) (relating to confidential communica- tions), the privileged communications between a mandated reporter and a patient or client of the mandated reporter shall not: • Apply to a situation involving child abuse • Relieve the mandated reporter of the duty to make a report of suspected child abuse As previously noted, an attorney affiliated with an agency, institution, organization, or other entity, including a school or regularly established religious organization that is responsible for the care, supervision, guidance, or control of children is a mandated reporter. b. Confidential Communications The following protections shall apply: confidential communi- cations made to a member of the clergy are protected under 42 Pa.C.S. § 5943 (relating to confidential communications to clergymen); and confidential communications made to an attorney are protected so long as they are within the scope of 42 Pa.C.S. § 5916 (relating to confidential communications to attorney) and § 5928 (relating to confidential communications to attorney), the attorney work product doctrine, or the rules of professional conduct for attorneys [39]. Applicability of Mental Health Procedures Act Notwithstanding any other provision of law, a mandated reporter who makes a report of suspected child abuse or who makes a report of a crime against a child to law enforcement officials shall not be in violation of the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act, by releasing information necessary to complete the report. REASONABLE CAUSE TO SUSPECT Reasonable cause to suspect may be a determination one makes based on training/experience and all known circumstances, to include “who,” “what,” “when,” and “how,” observations (e.g., indicators of abuse or “red flags”, behavior/demeanor of the child(ren), behavior/demeanor of the adult(s)), as well as famil- iarity with the individuals (e.g., family situation and relevant history or similar prior incidents, etc.). Some indicators may be more apparent than others depending on the type of abuse and/or depending on the child’s health, developmental level, and well-being. For example, some indicators may be visible on the child’s body while other indicators may be present in the child’s behaviors.
REPORTING PROCEDURE In Pennsylvania, mandated reports of potential child abuse (CPS or GPS cases) are made either in writing (through the online portal) or orally to ChildLine. The ChildLine is avail- able seven days per week, 24 hours per day at 800-932-0313. In 2020, ChildLine answered 163,215 calls, including sus- pected child abuse cases, referrals for GPS, and inquiries for general information to services [27]. Electronic submission of suspected child abuse reports may be made in lieu of calling ChildLine. Report by Mandated Reporter A mandated reporter shall immediately make an oral/verbal report of suspected child abuse to DHS via the statewide toll- free telephone number under § 6332 (relating to establishment of statewide toll-free telephone number) (1-800-932-0313) or a written report using electronic technologies under § 6305 (relating to electronic reporting) (via the self-service Child Wel- fare Information Solution (CWIS) Portal, available online at https://www.compass.state.pa.us/cwis). A mandated reporter making an oral/verbal report of suspected child abuse to the DHS via the statewide toll-free telephone number shall also make a written report (CY-47), which may be submitted elec- tronically, within 48 hours to DHS or county agency assigned to the case in a manner and format prescribed by DHS. The failure of the mandated reporter to file the written report (CY- 47) shall not relieve the county agency from any duty under the PA CPSL, and the county agency shall proceed as though the mandated reporter complied. Contents of Report The written report of suspected child abuse, which may be submitted electronically, shall include all of the following information, if known [12]: • The names and addresses of the child, the child’s par- ents, and any other person responsible for the child’s welfare • Where the suspected abuse occurred • The age and sex of each subject of the report • The nature and extent of the suspected child abuse, including any evidence of prior abuse to the child or any sibling of the child • The name and relationship of each individual respon- sible for causing the suspected abuse and any evidence of prior abuse by each individual • Family composition • The source of the report • The name, telephone number, and e-mail address of the person making the report
13
EliteLearning.com/Psychology
Powered by FlippingBook