3. Abandonment by parents, a guardian, or other custodian. 4. Lack of a parent, guardian, or legal custodian. 5. Habitual truancy (without justification) while subject to compulsory school attendance. 6. Commission of a specific act of habitual disobedience of the reasonable and lawful commands of a parent, guardian, or other custodian and who is ungovernable and found to be in need of care, treatment, or supervision. 7. Being under 10 years of age and having committed a delinquent act. 8. Having been formerly adjudicated under section 6341 of the Juvenile Act (relating to adjudication), and being under the jurisdiction of the court, subject to its conditions or placements and who commits an act which is defined as ungovernable in subparagraph (6). 9. Referral under section 6323 of the Juvenile Act (relating to informal adjustment), and who commits an act which is defined as ungovernable in subparagraph (6). GPS services can help parents recognize and correct conditions that are harmful to their children. Reports that involve non-serious injury or neglect are treated by the agency as General Protective Service (GPS) cases and can include inadequate shelter, truancy, inappropriate discipline, hygiene issues, abandonment, lack of appropriate supervision, or other problems that threaten a child’s opportunity for healthy growth and development. These services can assist parents in being able to recognize and correct conditions that are harmful to their children. Child Protective Services (CPS) cases require that the alleged abuse falls under the definition of child abuse as provided in the Child Protective Services law.
Potential perpetrators for committing an act 4 • A parent of the child • A spouse or former spouse of the child’s parent • A paramour or former paramour of the child’s parent • A person 14 years or older who is responsible for the child’s welfare or has direct contact with children as an employee of child-care services, a school or through a program, activity or service • A resident of the child’s home who is 14 years or older • An individual 18 years or older who does not reside in the same house as the child but is related within the third degree of consanguinity or affinity by birth or adoption to the child • An individual 18 years of age or older who engages a child in severe forms of trafficking in persons or sex trafficking, as those terms are defined under Section 103 of the Trafficking Victims Protection Act of 2000 (114 Stat. 1466, 22 U.S.C. § 7102) Potential perpetrators for failing to act 4 • A parent of the child • A spouse or former spouse of the child’s parent • A paramour or former paramour of the child’s parent • A person 18 or older responsible for the child’s welfare • A person 18 or older who resides in the same home as the child Person responsible for the child’s welfare: a person 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. The term includes any such person who has direct 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. Important note: “perpetrator” now includes any person responsible for the child’s welfare. Direct Contact with Children: the care, supervision, guidance or control of children, or routine interaction with children. Program, Activity or Service: a public or private educational, athletic or other pursuit in which children participate. The term includes, but is not limited to, the following: • A youth camp or program • A recreational camp or program • A sports or athletic program
• A community or social outreach program • An enrichment program • A troop, club or similar organization School Employee: an individual who is employed by a school or who provides a program, activity or service sponsored by a school. The term does not apply to administrative or other support personnel unless the administrative or other support personnel have direct contact with the children. Important note: “perpetrator” now includes school employees and independent contractors. School employees and independent contractors are now included as persons responsible for a child’s welfare or having direct contact with children as an employee of childcare services, a school or through a program, activity or service. Prior to December 31, 2014, only incidents of sexual abuse or exploitation and serious bodily injury by a school employee were considered child abuse under the CPSL. There was a separate reporting and investigation process in place for other types of abuse. Now the current law allows for school employees to be considered perpetrators under the definition provided for “person responsible for the child’s welfare having direct contact with children as an employee of child-care services, a school or through a program, activity or service. ” Student: an individual enrolled in a public or private school, intermediate unit or area vocational- technical school who is under 18 years of age. What is Child Abuse Under Pennsylvania CPSL Child Abuse Laws? The CPSL (§ 6303. b.1) defines “child abuse” as intentionally, knowingly, or recklessly doing any of the following: 4 • Causing bodily injury to a child through any recent act or failure to act. • Fabricating, feigning or intentionally exaggerating or inducing a medical symptom or disease which results in a potentially harmful medical evaluation or treatment to the child through any recent act. • Causing or substantially contributing to serious mental injury to a child through any act or failure to act or a series of such acts or failures to act. • Causing sexual abuse or exploitation of a child through any act or failure to act. • Creating a reasonable likelihood of bodily injury to a child through any recent act or failure to act. • Creating a likelihood of sexual abuse or exploitation of a child through any recent act or failure to act. • Causing serious physical neglect of a child.
Key Terms Related to Child Abuse
Child: an individual under 18 years of age.
Act of abuse: something done to harm or
cause potential harm to a child.
Failure to act: something that is not done to
prevent harm or potential harm to a child.
Recent act or failure to act: any act or failure to act committed within two years of the date of the report to the department or county agency. Perpetrator: a person who has committed child abuse as defined in this section. The current law broadens the definition of perpetrator and clarifies acts of abuse versus failures to act.
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