Child Abuse Identification and Reporting: The Pennsylvania Requirement _____________________________
Protection from Employment Discrimination (23 Pa.C.S. § 6320) Basis for Relief
A report of suspected child abuse to law enforcement or the appropriate county agency by a mandated reporter, made in lieu of a report to DHS, shall not constitute an offense under this subsection, provided that the report was made in a good faith effort to comply with the requirements of the PA CPSL. Multiple Offenses A person who, at the time of sentencing for an offense under this section, has been convicted of a prior offense under this section commits a felony of the third degree…except that, if the child abuse constitutes a felony of the first degree or higher, the penalty for the second or subsequent offenses is a felony of the second degree. Continuing Course of Action If a person’s willful failure to report an individual suspected of child abuse continues while the person knows or has reason- able cause to suspect a child is being subjected to child abuse by the same individual, or while the person knows or has reasonable cause to suspect that the same individual continues to have direct contact with children through the individual’s employment, program, activity, or service, the person commits a felony of the third degree…except that, if the child abuse constitutes a felony of the first degree or higher, the person commits a felony of the second degree [2]. Statute of Limitations The statute of limitations for an offense under this section shall be either the statute of limitations for the crime commit- ted against the minor child or five years, whichever is greater. BARRIERS TO REPORTING Studies have shown that many professionals who are mandated to report child abuse and neglect are concerned and/or anx- ious about reporting. Identified barriers to reporting include [29; 30; 31; 40]: • Professionals may not feel skilled in their knowledge base about child abuse and neglect. In addition, they lack the confidence to identify sexual abuse and serious mental injury. • Professionals may be frustrated with how little they can do about poverty, unemployment, drug use, and the intergenerational nature of abuse. • Although professionals understand their legal obliga- tion, they may still feel that they are violating patient confidentiality. • Many professionals are skeptical about the effectiveness of reporting child abuse cases given the bureaucracy of the child welfare system. • Practitioners may be concerned that they do not have adequate or sufficient evidence of child abuse. • Practitioners may have a belief that government entities do not have the right to get involved in matters within the family.
A person may commence an action for appropriate relief if all of the following apply: the person is required to report suspected child abuse under § 6311 (relating to persons required to report suspected child abuse) or encouraged to report suspected child abuse under § 6312 (relating to persons encouraged to report suspected child abuse); the person acted in good faith in mak- ing or causing the report of suspected child abuse to be made; and as a result of making the report of suspected child abuse, the person is discharged from employment or is discriminated against with respect to compensation, hire, tenure, terms, conditions, or privileges of employment. Applicability This section does not apply to an individual making a report of suspected child abuse who is found to be a perpetrator because of the report or to any individual who fails to make a report of suspected child abuse as required under § 6311 (relating to persons required to report suspected child abuse) and is subject to conviction under § 6319 (relating to penalties) for failure to report or to refer.
Release of Information in Confidential Reports (23 Pa.C.S. § 6340) Protecting Identity
Except for reports under § 6340(a)(9) and (10) of the PA CPSL and in response to a law enforcement official investigating alle- gations of false reports under 18 Pa.C.S. § 4906.1 (relating to false reports of child abuse), the release of data by DHS, county, institution, school, facility, or agency or designated agent of the person in charge that would identify the person who made a report of suspected child abuse or who cooperated in a sub- sequent investigation is prohibited. Law enforcement officials shall treat all reporting sources as confidential informants.
PENALTIES (23 PA.C.S. § 6319) Failure to Report or Refer
A person or official required by the PA CPSL to report a case of suspected child abuse or to make a referral to the appropri- ate authorities commits an offense if the person or official willfully fails to do so. An offense under this section is a felony of the third degree if: • The person or official willfully fails to report; • The child abuse constitutes a felony of the first degree or higher; and • The person or official has direct knowledge of the nature of the abuse. An offense not otherwise specified above is a misdemeanor of the second degree.
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