Privileged Communications
6. Nothing shall require the mandated reporter to identify the person responsible for the child abuse to make a report of suspected child abuse. Report Directly Whenever a person is required to report in the capacity as a member of the staff of a medical or other public or private institution, school, facility or agency, that person shall report immediately and directly in accordance with section 6313: • Immediately thereafter notify the person in charge of the institution, school, facility or agency or the designated agent of the person in charge. • Upon notification, the person in charge or the designated agent, if any, must facilitate the cooperation of the institution, school, and facility or agency with the investigation of the report. Any intimidation, retaliation, or obstruction in the investigation of the report is subject to the provisions of 18 Pa.C.S. §4958 (relating to intimidation, retaliation or obstruction in child abuse cases). This chapter does not require more than one report from any such institution, school, facility or agency. Important Note: it is not a reporter’s responsibility to determine if the person who allegedly committed child abuse or harm to a child is a perpetrator. It is not required that the child come before the mandated reporter in order to make a report of suspected child abuse nor are they required to identify the person responsible for the child abuse to make a report of suspected child abuse. Frequently Asked Questions Q. Does a mandated reporter have to know for sure that the child was abused? A. No. A mandated reporter is only responsible to make the report when they suspect a child is a victim of abuse. Although there are legal exclusions to the definition of child abuse, mandated reporters must report without considering whether or not the case they witness fits within the legal exclusions. Q. Must a mandated reporter give their name? A. Yes. Mandated reporters must identify themselves and provide contact information for themselves. Q. What if a mandated reporter has general concerns about a child, but does not suspect abuse? A. Concerns related to the safety of children including, but not limited to, inadequate housing, clothing and supervision, should be referred to ChildLine or the county children and youth agency for assessment as general protective services cases.
The Reporting Process
The privileged communications between a mandated reporter and a patient or client of the mandated reporter does not apply to a situation involving child abuse or relieve the mandated reporter of the duty to report suspected child abuse. The only exceptions are the following: • As per the Child Protective Services Law §6311.1 (b.1) Confidential communication made to the member of the clergy are protected under 42 Pa.C.S. §5943. This portion of the Pennsylvania Statute states, “No clergyman, priest, rabbi or minister of the gospel of any regularly established church or religious organization, except clergymen or ministers, who are self-ordained or who are members of religious organizations in which members other than the leader thereof are deemed clergymen or ministers, who while in the course of his duties has acquired information from any person secretly and in confidence shall be compelled, or allowed without consent of such person, to disclose that information in any legal proceeding, trial or investigation before any government unit.” • Confidential communications made to an attorney are protected so long as they are within the scope of 42 Pa.C.S. §§ 5916 (relating to confidential communications to attorney) and 5928 (relating to confidential communications to attorney), the attorney work product doctrine or the rules of professional conduct for attorneys.
Making a Report
Reports can be made immediately either orally to ChildLine (1-800-932-0313) or through the electronic submission through the Child Welfare portal at www.compass.state.pa.us/cwis. If a reporter completes the electronic submission through the portal they have completed their mandated requirement without completing any other forms or notifications. Oral reports are required to be followed up within 48 hours with a written report that is sent to the investigating agency. The approved written form can be found at www.keepkidssafe.pa.gov. The form is under the forms tab (located on the left-hand side of the main page). The form is Report of Suspected Child Abuse (CY47). This is ONLY required if the report is completed orally and not done via electronic submission. After making the report to ChildLine, A person who is required to report in the capacity as a member of the staff of a medical or other public or private institution, school, facility or agency, must immediately thereafter notify the person in charge of the institution, school, facility or agency or the designated agent of the person in charge. The failure of the mandated reporter to file the report shall not relieve the county agency from any duty under this chapter, and the county agency shall proceed as though the mandated reporter complied with the paragraph above. Contents of Report An oral or written report of suspected child abuse, which may be submitted electronically, shall include the following information, if known: • 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 e-mail 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 child subject to report), 6315 (relating to taking child into protective custody), 6316 (relating to admission to private and public hospitals) or 6317 (relating to mandatory reporting and postmortem investigation of deaths).
Reporting Process
Mandated reporters are required to report suspected child abuse under any of the following circumstances: 1. The mandated reporter comes into contact with the child in the course of employment, occupation and practice of a profession, or through a regularly scheduled program, activity or service. 2. The mandated reporter is directly responsible for the care, supervision, guidance or training of the child, or is affiliated with an agency, institution, organization, school, regularly established church or religious organization, or any entity that is directly responsible for the care, supervision, guidance or training of the child. 3. A person makes a specific disclosure to the mandated reporter that an identifiable child is the victim of child abuse. 4. An individual 14 years of age or older makes a specific disclosure to the mandated reporter that the individual has committed child abuse. 5. Nothing shall require a child to come before the mandated reporter in order for the mandated reporter to make a report of suspected child abuse.
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