Privileged communication Section 6311.1 of the CPSL states that privileged communication between a mandated reporter and a patient or client of the mandated reporter shall not apply to a situation involving child abuse or relieve the mandated reporter of the duty to report suspected child abuse (Pennsylvania General Assembly, n.d.b). Confidential communication Confidential communication made to a member of the clergy is protected under 42 Pa.C.S. § 5943 (relating to confidential communications to clergy; Pennsylvania General Assembly, 2014). An example of this is a priest who was told in confessional about child abuse. This is considered confidential communication and is not required to be reported. However, if in the course of their role, they overhear or are told during a conversation about alleged child abuse, this is a case that must be reported. Confidential communication made to an attorney is protected as long as it is within the scope of 42 Pa.C.S. §§ 5916 (relating to confidential communications to attorney) and 5928 (relating to confidential communications to attorney; Pennsylvania General Assembly, 2014). An attorney who is employed by an organization that is responsible for the care of children (e.g., a day care or a school) is required to report suspected child abuse or neglect. If an attorney is told about suspected child abuse or neglect by a client in confidence outside the above setting, they are not required to report the information.
civil and criminal liability that might otherwise result from the action (Pennsylvania Family Support Alliance, n.d.). Mandatory reporters will receive information from the Department of Human Services the final status of the report—whether it was unfounded, indicated, or founded, as well as the services planned or provided to protect the child. In addition, mandatory reporters have the right to know the hotline call-taker’s full name; to speak to the hotline worker’s supervisor if they do not agree with the hotline worker’s decision; to request a review of an investigation that has been deemed unfounded if there are concerns regarding the adequacy of the investigation; and to receive information about the findings and actions taken by the department during the investigation, including actions taken to ensure a child’s safety (Department of Human Services Frequently asked Questions, n.d) Confidentiality In all cases, the county maintains written records of the investigation. Information regarding cases of child abuse is confidential except in certain instances specified by law (Pennsylvania Child Welfare Information Solutions, n.d.). In most circumstances, the release of data by the department, county, institution, school, facility, 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 subsequent investigation is prohibited (Pennsylvania Child Welfare Information Solutions, n.d.). Law enforcement officials shall treat all reporting sources as confidential informants (Pennsylvania Child Welfare Information Solutions, n.d.). Additional actions by mandated reporters There may be specific expectations and actions beyond making the initial report that mandated reporters must adhere to. A mandated reporter may be required to cooperate with the investigation and testify in proceedings that result from the case they filed if legal action is sought (Pennsylvania Child Welfare Information Solutions, n.d.).
Only a court official, law enforcement officer, treating physician, or treating hospital administrator can take protective custody of a child (Pennsylvania Child Welfare Information Solutions, n.d.). A caseworker must obtain a court order. A child can be taken into protective custody when it is immediately necessary to protect them from further harm.
PENALTIES FOR FAILURE TO REPORT SUSPECTED CHILD ABUSE
○ Give false or misleading information, documentation, testimony, or evidence regarding a child abuse investigation or proceeding. ○ Elude, evade, or ignore any request or legal process summoning the reporter, victim, or witness to appear to testify or supply evidence regarding a child abuse investigation or proceeding. ○ Fail to appear at or participate in a child abuse proceeding or meeting involving a child abuse investigation to which the reporter, victim, or witness has been legally summoned. An offense under this section is a felony of the third degree if the person or official willfully fails to report (Pennsylvania Child Welfare Information Solutions, n.d.), the child abuse constitutes a felony of the first degree or higher, or the person or official has direct knowledge of the nature of the abuse. A violation of this section is a felony of the second degree if the person: ● Uses force, violence, deception, or threat upon the reporter, witness, or victim. ● Offers pecuniary or other benefit to the reporter, witness, or victim. ● Has a prior conviction for a violation of this section or a similar law.
Many cases of child abuse and neglect are not reported, even when doing so is mandated by law. Therefore, nearly every state and U.S. territory imposes penalties, often in the form of a fine or imprisonment, on mandatory reporters who fail to report suspected child abuse or neglect as required by law. In addition, to prevent malicious or intentional reporting of cases that are not founded, many states and the U.S. Virgin Islands impose penalties against any person who files a report known to be false. Section 6319 of the CPSL states that if a mandated reporter willfully fails to report suspected child abuse, they can be charged with anything from a second-degree misdemeanor up to a third-degree felony. Failing to report multiple times increases the level of the penalty (Pennsylvania Child Welfare Information Solutions, n.d.). The statute of limitations for reporting generally mirrors that of the crime. Section 6319 states that a person commits an offense if: ● They act to obstruct, impede, prevent, or interfere with making a child abuse report, conducting of an investigation, or prosecuting a child abuse case. ● They intimidate or attempt to intimidate any reporter, victim, or witness to engage in any of the following actions: ○ Refrain from making a report of suspect child abuse. ○ Refrain from providing or withholding information, documentation, testimony, or evidence to any person regarding a child abuse investigation or proceeding.
EliteLearning.com/Social-Work
Book Code: SWPA1525
Page 20
Powered by FlippingBook