abused in Pennsylvania since 1976. This information can be accessed by county children and youth agencies when they are investigating new reports of suspected child abuse (Prevent Child Abuse Pennsylvania, 2017). If a county receives a call of suspected child abuse from a source other than ChildLine, investigators assess whether there is an immediate need to protect the safety of the child and then determine the steps to be taken to protect the child (Prevent Child Abuse Pennsylvania, 2017). The safety of the child is the number one priority when assessing reports and offering services to the family (Prevent Child Abuse Pennsylvania, 2017). After taking the appropriate immediate action, the county then files a report with ChildLine (Prevent Child Abuse Pennsylvania, 2017). A founded report is a child abuse or neglect report that was escalated to the legal system and went to court (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). A judicial adjudication (the legal process by which a judge reviews the evidence) may or may not lead to criminal charges against the perpetrator (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). It also includes acceptance into an accelerated rehabilitative disposition program, a consent decree entered in a juvenile proceeding, or granting of a final protection from abuse order (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). The Child Protective Services Act defines a founded report as follows: A perpetrator-involved child abuse report that is made pursuant if any of the following applies: 1. There has been a judicial adjudication based on a finding that a child who is a subject of the report has been abused and the adjudication involves the same factual circumstances involved in the allegation of child abuse. The judicial adjudication may include any of the following: i. The entry of a plea of guilty or nolo contendere. ii. A finding of guilt to a criminal charge. iii. A finding of dependency under 42 Pa. C.S. Section 6341 (relating to adjudication) if the court has entered a finding that a child who is the subject of the report has been abused. iv. A finding of delinquency under 42 Pa. C.S. Types of reports Founded report Section 6341 if the court has entered a finding that the child who is the subject of the report has been abused by the child who was found to be delinquent. 2. There has been an acceptance into an accelerated rehabilitative disposition program and the reason for the acceptance involves the same factual circumstances involved in the allegation of child abuse. 3. There has been a consent decree entered in a juvenile proceeding under 42 Pa. C.S. Chapter 63 (relating to juvenile matters); the decree involves the same factual circumstances involved in the allegation of child abuse; and the terms and conditions of the consent decree include an acknowledgement, admission or finding that a child who is the subject of the report has been abused by the child who is alleged to be delinquent. 4. A final protection from abuse order has been granted under Section 6108 (relating to relief), when the child who is a subject of the report is one of the individuals protected under the protection from abuse order and: i. Only on individual is charged with the abuse in the protection from abuse order; ii. Only that individual defends against the charge;
If the county-based children and youth agency determines that no immediate action is required, it must initiate an investigation within 24 hours and file a report with ChildLine (Prevent Child Abuse Pennsylvania, 2017). A thorough inquiry is conducted to determine if the child was abused and what services are appropriate for the child and family (Prevent Child Abuse Pennsylvania, 2017). This must be completed within 30 days unless the agency provides justification as to why the investigation cannot be completed, including attempts to obtain medical records or interview subjects of the report (Prevent Child Abuse Pennsylvania, 2017). If the report is not completed in 30 days and justification for extension is provided, the county has an additional 30 days (for a maximum of 60 days) to complete the investigation (Prevent Child Abuse Pennsylvania, 2017). iii. The adjudication involves the same factual circumstances involved in the allegation of child abuse; and iv. The protection from abuse adjudication finds that the child abuse occurred. An indicated report An indicated report is based on the medical assessment, the CPS investigation, or the admission of acts of abuse by the perpetrator of that abuse or neglect (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). Indicated reports do not require law enforcement or court involvement (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). Perpetrators named in indicated reports are recorded in the ChildLine abuse reporting system (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). They are not considered criminals because the report does not lead to criminal charges (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). The Child Protective Services Act defines an indicated report as follows. 1. Subject to paragraphs (2) and (3), a report of child abuse made pursuant to this chapter if an investigation by the department or county agency determines that substantial evidence of the alleged abuse by a perpetrator exists based on any of the following: i. Available medical evidence. 2. A report may be indicated under paragraph (1)(i) or (ii) for any child who is the victim of child abuse, regardless of the number of alleged perpetrators. 3. A report may be indicated under paragraph (1)(i) or (ii) listing the perpetrator as “unknown” if substantial evidence of abuse by a perpetrator exists, but the department or county agency is unable to identify the specific perpetrator. The following example illustrates an indicated report A three-month-old baby is examined in the emergency department, where they are determined to have bleeding on the brain, a broken leg, and five rib fractures in various stages of healing. There are three individuals in the home who are responsible for the care of the child, but evidence does not exist to determine who inflicted this child’s injuries. The investigation clearly substantiates that abuse has occurred, so the report is an indicated report of child abuse. A report may be indicated that lists the perpetrator as “unknown” if substantial evidence of abuse by a perpetrator exists but the department or county agency is unable to identify the specific perpetrator. ii. The child protective service investigation. iii. An admission of the acts of abuse by the perpetrator.
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Book Code: SWPA1525
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