These are exclusions to child abuse, not exclusions to reporting child abuse. If you suspect that an identifiable child is the victim of child abuse, report it. Trained
professionals will determine whether child abuse has occurred.
MANDATED REPORTERS
In Pennsylvania, everyone is permitted to report child abuse. Section 6312 of the CPSL encourages “any person may make an oral/verbal (1- 800-932-0313) or written report of suspected child abuse, which may be submitted electronically, or cause a report of suspected child abuse to be made to DHS, county agency or law enforcement, if that person has reasonable cause to suspect that a child is a victim of child abuse” (Pennsylvania General Assembly, n.d.a). There are two types of reporters (Keep Kids Safe, n.d.c; Pennsylvania Department of Human Services, n.d.b): ● Mandated reporters are required by the Pennsylvania Child Protective Services Law to immediately report suspected child abuse or neglect. Mandated reporters in Pennsylvania submit the most reports of suspected child abuse. In 2021, they reported 31,963 reports of suspected abuse, which is approximately 83% of all suspected abuse reports (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). Mandated reporters, by law, must report suspected abuse when they have reason to suspect—on the basis of medical, professional, or other training and experience—that a child has been abused. ● Permissive reporters are encouraged, but not required, to report child abuse. Permissive reporters are not required to give their name, but it may be released to law enforcement officials or the district attorney’s office if necessary. In 2021, they reported 7,235 cases of suspected abuse (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). Healthcare consideration: Reasonable cause to suspect may be a determination you make based on your 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), etc.), as well as familiarity with the individuals (e.g., family situation and relevant history or similar prior incidents, etc.). It is important to recognize how your feelings and personal biases may influence your conclusions and actions. Some indicators may be more apparent than others depending on the type of abuse and/or depending on the child's health, development, and well-being, as well as may be physically visible on the child's body while other indicators may be present in the child's behaviors. List of mandated reporters Here is the entire list of mandated reporters as outlined by section 6311 of the Child Protective Services Law, as well as Act 15 of 2015 (Pennsylvania Child Welfare Information Solution, n.d.): ● 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 healthcare 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 childcare service who has direct contact with children in the course of employment. ● A clergyman, priest, rabbi, minister, Christian Science practitioner, religious healer, or spiritual leader of
Although some occupations whose members are mandated reporters are listed by name in recent legislative updates (see below), the common factor among mandated reporters is that these individuals come into direct contact with children in the course of their employment, their occupation, or practice of their profession; they may come into direct contact with children outside their employment; or they may be responsible for the welfare of children. Direct contact with children is defined in § 6303 (relating to definitions) as the care, supervision, guidance, or control of children or routine interaction with children (Pennsylvania General Assembly, n.d.a). A person responsible for a child’s welfare is defined as an individual who provides permanent or temporary care, supervision, mental health diagnosis or treatment, training, or control of a child in lieu of parental care, supervision, and control (Pennsylvania General Assembly, n.d.a). The term includes any such person who has direct or regular contact with a child through any program, activity, or service sponsored by a school, for-profit organization, or religious or other not-for-profit organization (Pennsylvania General Assembly, n.d.a). In 2014, Pennsylvania amended and strengthened its child welfare laws by expanding the definition of mandated reporters, streamlining the reporting process, increasing penalties for mandated reporters who fail to report abuse or neglect, and providing protections from employment discrimination for filing a report in good faith (Pennsylvania General Assembly, 2014). Effective December 31, 2014, the new definition of a mandated reporter includes anyone who comes into contact or interacts with a child or is directly responsible for the care, supervision, guidance, or training of a child (Pennsylvania General Assembly, 2014). Healthcare consideration: The nurse should help educate the general public that anyone can report suspected child abuse and neglect. Although mandated reporters are required by law to report abuse and neglect, permissive reporters are encouraged to report the abuse as well (Pennsylvania Department of Human Services, n.d.a; n.d.b). Act 15 of 2015 amended Title 23 of the Pennsylvania Consolidated Statutes by including volunteers at children’s programs and employees (not just administrators, teachers, and nurses) of elementary, secondary, and postsecondary schools (Pennsylvania General Assembly, 2015). any regularly established church or other religious organization. ● 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, accepts responsibility for a child. ● An employee of a social services 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 their employment. ● An individual supervised or managed by a person listed above who has direct contact with children in the course of employment.
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