Pennsylvania Mandatory Child Abuse Recognition and Reporting (Renewal Licensure): Summary 14 In 2018, Pennsylvania Passed Four Legislative Acts
Environmental factors example: If a family lives at the poverty level through no fault of the parents, it is not considered child abuse. Practice of religious beliefs example: If an individual’s religion does not believe in seeking medical attention for a child who has an upper respiratory infection, this is not considered child abuse unless it results in the child’s death. Use of force for supervision example: In the grocery store, you witness a woman (parent) who is upset with her child for climbing on a half-empty shelf. The parent grabs the child’s arm, pulls the child down, and the child falls to the floor and sprains his ankle. This is not child abuse, as the parent or caregiver is using reasonable force to prevent the child from several actions, including the self-inflicted harm of the child falling. Rights of parents example: Spanking a child is a perfect example of parental rights. Many people do not believe in spanking their child or any type physical discipline. Not long ago, spanking was a generally accepted method of discipline, and parents believed a little spanking would go a long way toward reprimanding their child. However, not all parents today agree on this issue. But Pennsylvania believes in the rights of parents to use reasonable force on or against their child in order to maintain control, to supervise, and to discipline. There is a fine line between corporal punishment and child abuse, and each case should be looked at individually. Corporal punishment can be referred to ChildLine, and the case will be reviewed. A parent may claim their actions constitute corporal punishment, but that doesn’t mean they will be not be deemed child abuse. Child on child contact example: When two boys engage in a consensual fist fight after school, neither is deemed a perpetrator.
Act 10: States that Pennsylvania’s sexual offender registration applies only to individuals who have committed a sexually violent offense on or after December 20, 2012. Act 29: Expanded Pennsylvania’s definition of child abuse to include when a person leaves a child unsupervised with an individual, other than the parent, whom they know to be a sexually violent predator. Act 54: Requires all schools to display a child abuse informational poster on premises, reports to be maintained for a period of ten years or until the youngest child identified in the most recent general protective services report attains 23 years of age, whichever occurs first. Act 54 Update Mandatory Notification of Substance Exposed Infants by Health Care Providers: A healthcare provider shall immediately give notice or cause notice to be given if the provider is involved in the delivery or care of a child under one year of age and the healthcare provider has determined, based on standards of professional practice, that the child was born affected by: ○ Substance use or withdrawal symptoms resulting from prenatal drug exposure ○ A fetal alcohol spectrum disorder Act 88 2019 Update: Clarifies penalties for failure to report child abuse. A mandated reporter who willfully fails to report suspected child abuse or to make a referral to the appropriate authorities commits an offense. Exclusions from Child Abuse per the CPSL Exclusion is relevant when substantiating a report, not when making a report. Pennsylvania has identified scenarios that should not be considered child abuse. Pennsylvania statute § 6304 (exclusions from child abuse) details the following scenarios that have been excused from such a determination.
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