____________________________ Child Abuse Identification and Reporting: The Pennsylvania Requirement
Multidisciplinary Team For the purpose of informing the plan of safe care, this team may include public health agencies, maternal and child health agencies, home visitation programs, substance use disorder prevention and treatment providers, mental health providers, public and private children and youth agencies, early inter- vention and developmental services, courts, local education agencies, managed care organizations and private insurers, and hospitals and medical providers. PROTECTIONS FOR REPORTERS Reporters are afforded protections after reporting a suspected incidence of child abuse. Any person or institution who, in good faith, makes a report of child abuse, cooperates with a child abuse investigation, or testifies in a child abuse proceed- ing is considered immune from civil and criminal liability [44]. Immunity from Liability (23 Pa.C.S. § 6318) A person, hospital, institution, school, facility, agency, or agency employee acting in good faith shall have immunity from civil and criminal liability that might otherwise result from any of the following: • Making a report of suspected child abuse or making a referral for general protective services, regardless of whether the report is required to be made under the PA CPSL • Cooperating or consulting with an investigation under the PA CPSL, including providing information to a child fatality or near-fatality review team • Testifying in a proceeding arising out of an instance of suspected child abuse or general protective services • Engaging in any action authorized under 23 Pa.C.S. § 6314 (relating to photographs, medical tests and x-rays of child subject to report), § 6315 (relating to taking child into protective custody), § 6316 (relating to admis- sion to private and public hospitals), or § 6317 (relating to mandatory reporting and postmortem investigation of deaths) Departmental and County Agency Immunity An official or employee of DHS or county agency who refers a report of suspected child abuse for general protective services to law enforcement authorities or provides services as authorized by the PA CPSL shall have immunity from civil and criminal liability that might otherwise result from the action. Presumption of Good Faith For the purpose of any civil or criminal proceeding, the good faith of a person required to report suspected child abuse and of any person required to make a referral to law enforcement officers under the PA CPSL shall be presumed.
This publication includes definitions and evidence-based screening tools, based on standards of professional practice, to be utilized by healthcare providers to identify a child born affected by substance use or withdrawal symptoms resulting from prenatal drug exposure or a fetal alcohol spectrum dis- order. The plan of safe care typically includes [4]: • A release of information to allow for the collaboration among entities • Referrals to treatment programs, mobile engagement and peer recovery specialists • Education on neonatal abstinence syndrome, effects of substance use during pregnancy, and reporting require- ments for substance affected infants • A relapse plan that includes child safety considerations and identified family supports • Coordination between the obstetrician and the pre- scribing practitioner(s) • Development of a birth plan, including pain manage- ment options • Education and guidance on breastfeeding and sub- stance use • Stigma-reducing practices designed to engage the patient in consistent prenatal care • Referrals to Family Strengthening, Early Head Start, Family Check Up for Children, Healthy Families Amer- ica, Nurse-Family Partnership, Parents as Teachers, Fam- ily Group Decision Making (FGDM), Women Infant Children (WIC), public assistance, transportation assistance, counseling, housing assistance, domestic violence programs, and/or food banks • Referral to ChildLine if there are concerns with mother’s ability to be a caretaker for other children After notification of a child born affected by substance use or withdrawal symptoms resulting from prenatal drug exposure or a fetal alcohol spectrum disorder: • A multidisciplinary team meeting must be held prior to the child’s discharge from the healthcare facility. • The meeting will inform an assessment of the needs of the child and the child’s parents and immediate caregiv- ers to determine the most appropriate lead agency for developing, implementing, and monitoring a plan of safe care. The child’s parents and immediate caregivers must be engaged to identify the need for access to treat- ment for any substance use disorder or other physical or behavioral health condition that may impact the safety, early childhood development, and well-being of the child. • Depending upon the needs of the child and parent(s)/ caregiver(s), ongoing involvement of the county agency may not be required.
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