Child Abuse Identification and Reporting: The Pennsylvania Requirement _____________________________
THE PROCESS OF REPORTING CHILD ABUSE IN PENNSYLVANIA
• A person licensed or certified to practice in any health-related field under the jurisdiction of the Department of State • A school employee • A foster parent • An individual, paid or unpaid, who, on the basis of the individual’s role as an integral part of a regularly scheduled program, activity, or service, accepts responsibility for a child • An employee of a social services agency • An employee of a public library • Those who are supervised by mandated reporters • An independent contractor with direct contact with children • An attorney affiliated with an agency, institution, or organization that is responsible for the care, supervision, guidance, or control of children It has long been debated whether attorneys should be included as mandated reporters. With this new definition, there is a seeming compromise, limiting the mandate to attorneys who are affiliated with an organization that is responsible for the care or supervision of children [37]. Privileged communication between any mandated reporter and his or her patient or client does not apply in cases of child abuse, and failure to report this information is considered a violation of the law [39]. There are exceptions: confidential communication made to an ordained member of the clergy (within the scope of 42 Pennsylvania CS §§ 5943), and confi- dential communications made to an attorney so long as they are within the scope of 42 Pennsylvania CS §§ 5916 (relating to confidential communications to attorney) and 5928 (relat- ing to confidential communications to attorney), the attorney work product doctrine, or the rules of professional conduct for attorneys [39]. Notwithstanding any other provision of law, a mandated reporter who makes a report of suspected child abuse or who makes a report of a crime against a child to law enforcement officials shall not be in violation of the Mental Health Procedures Act by releasing information necessary to complete the report. The Pennsylvania Code states that whenever a person is a man- dated reporter in his or her 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 immedi- ately thereafter notify the person in charge of the institution, school, facility, or agency (or the designated agent) [48]. Upon notification, the person in charge or the designated agent is responsible for facilitating the cooperation of the institution, school, facility, or agency with the investigation of the report. Not surprisingly, more than three-quarters (80%) of suspected child abuse reports are made by mandated reporters [27]. More specifically, the majority of child abuse reports come from mandated reporters in public/private social services agencies.
In Pennsylvania, mandated reports of potential child abuse (CPS or GPS cases) are made either in writing (through the online portal) or orally to ChildLine. The ChildLine is avail- able seven days per week, 24 hours per day at 800-932-0313 or 412-473-2000. In 2020, ChildLine answered 163,215 calls, including suspected child abuse cases, referrals for GPS, and inquiries for general information to services [27]. Electronic submission of suspected child abuse reports may be made in lieu of calling ChildLine. All mandated reporters who report via telephone shall also make a written report, which may be submitted electronically, within 48 hours [51]. The written reports are made through the Child Welfare Information Solution (CWIS) Portal, avail- able online at https://www.compass.state.pa.us/cwis. The written report will include all of the following information, if known [55]: • 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 collection of evidence, protective custody, or admission to hospital • Any other information required by federal law or regulation • Any other information that the department requires by regulation According to Pennsylvania law, a person or official required to report cases of suspected child abuse may take or request photographs of the child who is subject to a report and, if clinically indicated, request a radiologic examination and other medical tests on the child [56]. If completed, medical summaries or reports of the photographs, x-rays, and relevant medical tests should be sent along with the written report or within 48 hours after a report is made electronically. Persons who have reasonable cause to suspect a child is a victim of child abuse are NOT required to identify the person responsible for the abuse in order to make a report of suspected child abuse.
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