HISTORY OF CHILD PROTECTION LEGISLATION
To enable identification of serious cases and facilitate protective and health responses, many jurisdictions have enacted mandatory reporting laws. Situated in child protection legislation, these legal duties are a form of public health response, requiring adults who deal with children in their professional capacity to essentially serve as sentinels to protect children by reporting known and suspected cases to child protection agencies. These professionals are well placed to detect signs of harm from maltreatment and to receive disclosures from children. State laws in the U.S. generally apply the duty to report physical abuse, sexual abuse, emotional abuse and neglect to a wide range of professional groups (Baker et al., 2021). The laws’ details differ across jurisdictions but follow a similar schematic approach, designating which occupations are mandated and stating which types and the extent of maltreatment that shall be reported, and to whom (Mathews & Kenny, 2008). The laws confer protections on these reporters, keeping their identity confidential and providing immunity from liability The Child Protective Services Law (CPSL) In 1975, the Pennsylvania Child Protective Services Law (CPSL) was signed into law. It was enacted to encourage more complete reporting of suspected child abuse; to involve law enforcement agencies in responding to child abuse; to establish in each county protective services for the purpose of investigating the reports swiftly and competently, providing protection for children from further abuse, and providing rehabilitative services for children and parents involved so as to ensure the child’s well-being; to allow the opportunity for healthy growth and development; and whenever possible, to preserve and stabilize the family or provide another alternative permanent family when the unity of the family cannot be maintained (Pennsylvania General Assembly, n.d.a). The CPSL ensures that each county establishes a protective services program to protect children locally (Pennsylvania General Assembly, n.d.a). Section 6302(b) of the CPSL states its purpose as follows: Section 6303(a) of the CPSL defines child protective services as “those services and activities provided by the department and each county agency for child abuse cases” (Pennsylvania General Assembly, n.d.a) CPS has the responsibility of receiving and investigating alleged reports of child abuse or neglect (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). CPS then determines if the reported information meets the statutory and agency guidelines for child maltreatment and judges the urgency with which the agency must respond to the report (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). It conducts safety assessments, develops a safety plan for the child, and intervenes when necessary to protect children from harm (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). CPS also provides or arranges services to achieve a secure home environment for the child, whether that is reunification with the family or some alternative home in order to provide the child with the care and safety that every child deserves (Pennsylvania Department of Human Services Annual Child Abuse Report,
in any civil, criminal, or administrative proceeding related to the report (as long as the report is made in good faith). Jurisdictions often have other systemic approaches to deal with less severe cases, especially where these involve cases of family or children who need services. The function of mandated reporting laws is to use the skills of community-based professionals to identify cases of child maltreatment and bring them to the attention of help agencies. In this sense, they are an important form of secondary prevention in the public health model, rather than being a form of primary prevention (Mathews, 2019). Mandated reporters play a substantial role in this respect, identifying three-quarters of substantiated cases of physical abuse and sexual abuse, and two-thirds of cases substantiated psychological abuse and neglect. Even when reports do not lead to substantiation, the subsequent investigation often results in referral to welfare agencies and service provision. Establish in each county protective services for the purpose of investigating the reports swiftly and competently, providing protection for children from further abuse and providing rehabilitative services for children and parents involved so as to ensure the child's well-being and to preserve, stabilize and protect the integrity of family life wherever appropriate or to provide another alternative permanent family when the unity of the family cannot be maintained. (Pennsylvania General Assembly, n.d.a). In summary, county agencies are charged with the responsibility of investigating suspected reports of child abuse (Pennsylvania General Assembly, n.d.a). Each county agency submits an annual plan of how it will implement the law and submits a yearly report on child abuse statistics and analysis within its respective county (Pennsylvania General Assembly, n.d.a). 2021). Its mission is to achieve safety, well-being, and permanency for the abused or neglected child. General Protective Services (GPS) General protective services are defined in section 6303 of the CPSL as “those services and activities provided by each county agency for cases requiring protective services, as defined by the department in regulations” (Pennsylvania General Assembly, n.d.a). GPS protects children under non-abuse circumstances that, nevertheless, may interfere with a child’s growth and development. GPS is vital in order to provide services to prevent abuse or neglect to children, provide or arrange for, and monitor the provision of those services necessary to safeguard and ensure the child’s well-being and development; and preserve and stabilize family life wherever appropriate. Examples of GPS cases include: ● Child is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his physical, mental, or emotional health, or morals. ● Has been placed for care or adoption in violation of law. ● Has been abandoned by his parents, guardian or other custodian. ● Is without a parent, guardian, or legal custodian. ● Is habitually and without justification truant from school while subject to compulsory school attendance.
Child Protective Services versus General Protective Services It is important for mandated reporters to differentiate between child protective services and general protective services. Pennsylvania law requires agencies to provide both services to youth and children in each county. Child Protective Services (CPS)
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Book Code: SWPA1525
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