_____________________________ Child Abuse Identification and Reporting: The Pennsylvania Requirement
For the purposes of this course, a perpetrator is defined as a person who has committed child abuse. According to the Pennsylvania Code, the term includes only [42; 54]: • 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 of age or older and responsible
‒ The use of reasonable force is necessary to quell a disturbance or remove the child from the scene of a disturbance that threatens physical injury to persons or damage to property; to prevent the child from self- inflicted physical harm; for self-defense or the defense of another individual; or to obtain possession of weapons or other dangerous objects or controlled substances or paraphernalia that are on the child or within the control of the child. • Rights of parents: Nothing in this chapter shall be construed to restrict the generally recognized existing rights of parents to use reasonable force on or against their children for the purposes of supervision, control, and discipline of their children. Such reasonable force shall not constitute child abuse. • Participation in events that involve physical contact with child: An individual participating in a practice or competition in an interscholastic sport, physical education, recreational activity, or extracurricular activity that involves physical contact with a child does not, in itself, constitute contact that is subject to the reporting requirements of this chapter. • Defensive force: Reasonable force for self-defense or the defense of another individual shall not be considered child abuse. ‒ Child-on-child contact: Harm or injury to a child that results from the act of another child shall not constitute child abuse unless the child who caused the harm or injury is a perpetrator. Notwithstanding this, the following shall apply: Acts constituting any of the following crimes against a child shall be subject to the reporting requirements: rape, involuntary deviate sexual intercourse, sexual assault, aggravated indecent assault, indecent assault, and indecent exposure. ‒ No child shall be deemed to be a perpetrator of child abuse based solely on physical or mental injuries caused to another child in the course of a dispute, fight, or scuffle entered into by mutual consent. ‒ A law enforcement official who receives a report of suspected child abuse is not required
for the child’s welfare, including a person who provides temporary or permanent care,
supervision, mental health diagnosis or treatment, or training or control of a child in lieu of parental care, supervision, and control • An individual 14 years of age or older who resides in the same home as the child • An individual 18 years of age or older who does not reside in the same home 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 In a significant revision to the definition of perpetrator, school personnel and other childcare providers are consid- ered “individuals responsible for the child’s welfare” and may be perpetrators of child abuse; there is no longer a separate definition for student abuse [42]. As such, a perpetrator may be any such person who has direct or regular contact with a child through any program, activity, or services sponsored by a school, for-profit organization, or religious or other not-for- profit organization. In addition, only the following may be considered a perpetrator
for failing to act [42; 54]: • 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 years of age or older and responsible for the child’s welfare or who resides in the same home as the child
FORMS OF CHILD ABUSE AND NEGLECT
to make a report to the department if the person allegedly responsible for the child abuse is a nonperpetrator child.
There are several acts that may be considered abusive, and knowledge of what constitutes abuse is vital for healthcare providers and other mandated reporters. In this section, specific behaviors that fall under the category of abuse and neglect will be reviewed.
It is important to note that exclusions are utilized by the CPS agency when investigating suspected abuse and should not be considered exclusions from reporting suspected abuse.
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Book Code: DPA1525
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