An offense not otherwise specified above is a misdemeanor of the second degree (Pennsylvania Child Welfare Information Solutions, n.d.). A person commits a misdemeanor of the second degree if they intentionally or knowingly make a false report of child abuse under Chapter 23 (relating to child protective services) or intentionally or knowingly induce a child to make a false claim of child abuse. 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 Department of Human Services, shall not constitute an offense under provided the report was made in a good faith effort to comply with the requirements of this chapter (Pennsylvania Child Welfare Information Solutions, n.d.). 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 reasonable 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 The reporting process Reports of suspected child abuse are to be made immediately and directly by the person who suspects that an identifiable child is the victim of child abuse. The reporter How to report suspected abuse or neglect ChildLine is the 24-hour reporting system operated by the Department of Human Services to receive reports of Reporting procedure Please see internal policies for your organization related to reporting suspected child abuse. These should include the following guidelines. Reports of suspected child abuse shall be made electronically or by telephone (Prevent Child Abuse Pennsylvania, 2017). Electronic reports are made via the Child Welfare portal at https://www.compass.state.pa.us/ cwis/public/home. This is the fastest and most efficient way for a mandated reporter to file a report. There is no need for any follow-up reports when submitting reports electronically. The state encourages everyone to visit this website now and set up an account so if and when people need to report child abuse, they can log in and start immediately. Oral reports of suspected child abuse may be made immediately by telephone to ChildLine, at 1-800-932- 0313. This phone line should also be used in the following situations: ● If the person reporting is not a mandated reporter. ● If the person reporting prefers to remain anonymous. ● If the person reporting does not know the county where the incident occurred. ● The suspected abuse or neglect occurred outside of Pennsylvania. ● If the person reporting is unsure if the child is at imminent risk of harm. ● If the person reporting has more than eight alleged perpetrators or the child has a list of extensive injuries. ● If the person reporting is unable to provide a Pennsylvania address for any person in the report The Statewide toll-free telephone number is available for all persons, whether mandated by law or not, to use to report cases of suspected child abuse or children allegedly in need of general protective services.
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. Multiple offenses A person who commits a second or subsequent offense under subsection (a) commits a felony of the third degree unless the child abuse constitutes a felony of the first degree or higher. Then the penalty for the second or subsequent offenses is a felony of the second degree (Pennsylvania Child Welfare Information Solutions, n.d.). Statute of limitations The statute of limitations for an offense of failing to report or refer shall be either the statute of limitations for the crime committed against the minor child or five years, whichever is greater (Pennsylvania Child Welfare Information Solutions, n.d.). Healthcare consideration: It is important to report all suspected child abuse and neglect cases. Failure to report can result in serious consequences, ranging from second-degree misdemeanors up to third-degree felonies (Pennsylvania Child Welfare Information Solutions, n.d.).
is not required to investigate—that is the responsibility of the county agency the report is assigned to (Pennsylvania Department of Human Services, n.d.b).
suspected child abuse (Prevent Child Abuse Pennsylvania, 2017).
Written reports must be made within 48 hours after the oral report is made by telephone. Written reports shall be made on form CY47. The following information is requested and— if available—is helpful (Frequently Asked Questions about Child Abuse in PA, 2015): ● The names and addresses of the child, the child's parents, 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 responsible 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 email address of the person making the report. ● The actions taken by the person making the report, including those actions taken under section 6314 (relating to photographs, medical tests, and x-rays of the child subject to the report), 6315 (relating to taking the child into protective custody), 6316 (relating to admission to private and public hospitals), or 6317 (relating to mandatory reporting and postmortem investigation of deaths). ● Any other information required by federal law or regulation. The failure of the mandated reporter to file the written report (CY-47) described in the section above shall not relieve the county agency from any duty under the PA CSL, and the county agency shall proceed as though the mandated reporter complied.
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Book Code: SWPA1525
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