• Any other information required by Federal law or regulation. • Any other information that the department requires by regulation. Regarding Applicability of Mental Health Procedures Act Notwithstanding any other provision of law, a mandated reporter enumerated under section 6311 (relating to persons required to report suspected child abuse) who makes a report of suspected child abuse pursuant to this section or who makes a report of a crime against a child to law enforcement officials shall not be in violation of the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act, by releasing information necessary to complete the report. What Happens After a Report is Made? ChildLine receives the report and determines who is to respond to the report, dependent upon the information reported, such as the identity, if known, of the person who allegedly acted to abuse or harm a child. ChildLine will immediately transmit oral or electronic reports they receive to the appropriate county agency and/or law enforcement official. • If a person identified falls under the definition of perpetrator, ChildLine will refer the report to the appropriate county agency for an investigation. • If the person identified is not a perpetrator and the behavior reported includes a violation of a crime, ChildLine will refer the report to law enforcement officials. • If a person identified falls under the definition of perpetrator and the behavior reported includes a criminal violation, ChildLine will refer the report to the appropriate county agency and law enforcement officials. • If a report indicates that a child may be in need of other protective services, ChildLine will refer the report to the proper county agency to assess the needs of the child and provide services, when appropriate. If a report is labeled as a CPS, ChildLine forwards the report of suspected child abuse to the local county children and youth agency, which investigates the report to determine if the allegations can be substantiated as child abuse/ neglect and also arranges for or provides the services that are needed to prevent the further maltreatment of the child and to preserve the family unit. For CPS reports, the county children and youth agency must begin an investigation within 24 hours. A thorough inquiry is conducted to determine if the child was abused and what services are appropriate for the child and family. This must be completed within 30 days unless the agency provides
justification as to why the investigation cannot be completed, including attempts being made to obtain medical records or interview subjects of the report. If a report indicates that a child may be in need of other protective services, ChildLine will refer the report to the proper county agency to assess the needs of the child and provide services, when appropriate. Agencies follow the list of requirements for GPS reports when a report is labeled as GPS. Mandated reporters are not responsible for distinguishing between the two types of reports. Notice to Mandated Reporter (Right-to-Know) If a report was made by a mandated reporter under section 6313 (relating to reporting procedure), the department shall notify the mandated reporter who made the report of suspected child abuse of all of the following within three business days of the department’s receipt of the results of the investigation: • Whether the child abuse report is founded, indicated or unfounded. • Any services provided, arranged for or to be provided by the county agency to protect the child Penalties for Failure to Report Failing to Report: A person or official required to report a case of suspected child abuse or to make a referral to the appropriate authorities commits an offense if the person or official willfully fails to do so. An offense under this section is a felony of the third degree if: • The person or official willfully fails to report. • The child abuse constitutes a felony of the first degree or higher. • The person or official has direct knowledge of the nature of the abuse. • An offense not otherwise specified above is a misdemeanor of the second degree. • 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 the department, shall not constitute an offense under this subsection, provided that the report was made in a good faith effort to comply with the requirements of this chapter. Continuing Course Of Action If a person’s willful failure under subsection (a) continues while the person knows or has reasonable cause to believe the child is actively being subjected to child abuse, the person commits a misdemeanor of the first degree, except that if the child abuse constitutes a felony of the first degree or higher, the person commits a felony of the third degree.
Multiple Offenses A person who commits a second or subsequent offense under subsection (a) commits a felony of the third degree, except that if the child abuse constitutes a felony of the first degree or higher, the penalty for the second or subsequent offenses is a felony of the second degree. Statute of limitations The statute of limitations for an offense under subsection (a) shall be either the statute of limitations for the crime committed against the minor child or five years, whichever is greater.
Protection For Reporters
Immunity from liability In general, a person, hospital, institution, school, facility, agency or agency employee acting in good faith shall have immunity from civil and criminal liability that might otherwise result from any of the following: • Making a report of suspected child abuse or making a referral for general protective services, regardless of whether the report is required to be made under this chapter. • Cooperating or consulting with an investigation under this chapter, including providing information to a child fatality or near-fatality review team. • Testifying in a proceeding arising out of an instance of suspected child abuse or general protective services. • Engaging in any action authorized 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). Departmental and county agency immunity An official or employee of the department or county agency who refers a report of suspected child abuse for general protective services to law enforcement authorities or provides services as authorized by this chapter shall have immunity from civil and criminal liability that might otherwise result from the action.
Presumption of good faith
For the purpose of any civil or criminal proceeding, the good faith of a person required to report pursuant to section 6311 (relating to persons required to report suspected child abuse) and of any person required to make a referral to law enforcement officers under this chapter shall be presumed.
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