_____________________________ Child Abuse Identification and Reporting: The Pennsylvania Requirement
Except as allowed by Pennsylvania law, reports made to CPS, including, but not limited to, report summaries of child abuse and any other information obtained, reports written, or pho- tographs or X-rays taken concerning alleged instances of child abuse, shall be confidential. Mandated reporters must identify themselves when reporting [54]. However, their names are usually not released; only the Secretary of the Department of Human Services has this authority. If a mandated reporter so chooses, he/she can sign a consent form that gives consent to have his/her name released [54]. A specialist at ChildLine will interview the caller to determine what the next step should be. This includes assessing if the report will be forwarded to a county agency for investigation as CPS or GPS; if a report should be forward directly to law enforcement officials; or if the caller will be referred to local services [53]. For both GPS and CPS cases, the appropriate county agency is contacted immediately [35]. The county agency is then responsible for its investigation, completing both a “risk assess- ment” and a “safety assessment.” In CPS cases, the agency sees and evaluates the child within 24 hours of receiving the report. The primary goal of the evaluations are to assess the nature and extent of the abuse reported; to evaluate the level of risk or harm if the child were to stay in the current living situation; and to determine action(s) needed to ensure the child’s safety [53]. A GPS referral will be assessed for any further needs, and appropriate referrals for services may be made for the child and family. If it is a CPS case, further investigation will be conducted. During the investigation, the agency may take photographs of the child and his/her injuries for the files. All investigations must be completed within 30 days from the date the report is taken at ChildLine [27]. Mandated reporters have a right to know of the findings of the investigation and the services provided to the child and may follow the case [33].
services. This is a notable shift from the previous law, which limited notification to only cases including illegal substance use and included an exception to reporting if the pregnant woman was receiving active treatment for a substance use disorder. In 2019, the Pennsylvania Department of Health, Pennsylvania Department of Drug and Alcohol Programs, and Pennsylvania Department of Human Services published the Pennsylvania Plan of Safe Care Guidance addressing a framework for responding to the health and substance use disorder treat- ment needs of infants born affected by substance use disorder and/or withdrawal symptoms and affected family or caregivers [65]. This publication includes definitions and evidence-based screening tools, based on standards of professional practice, to be utilized by healthcare providers to identify a child born affected by substance use or withdrawal symptoms resulting from prenatal drug exposure or a fetal alcohol spectrum dis- order. The plan of safe care typically includes [65]: • A release of information to allow for the collaboration among entities • Referrals to treatment programs, mobile engagement and peer recovery specialists • Education on neonatal abstinence syndrome, effects of substance use during pregnancy, and reporting requirements for substance exposed infants • A relapse plan that includes child safety considerations and identified family supports • Coordination between the obstetrician and the prescribing practitioner(s) • Development of a birth plan, including pain management options • Education and guidance on breastfeeding and substance use • Stigma-reducing practices designed to engage the patient in consistent prenatal care • Referrals to Family Strengthening, Early Head Start, Family Check Up for Children, Healthy Families America, Nurse-Family Partnership, Parents as Teachers, Family Group Decision Making (FGDM), Women Infant Children (WIC), public assistance, transportation assistance, counseling, housing assistance, domestic violence programs, and/or food banks • Referral to ChildLine if there are concerns with mother’s ability to be a caretaker for other children After notification of a child born affected by substance use or withdrawal symptoms resulting from prenatal drug exposure or a fetal alcohol spectrum disorder, a multidisciplinary team meeting will be held prior to the child’s discharge from the healthcare facility. For the purpose of informing the plan of safe care, this team may include public health agencies, maternal and child health agencies, home visitation programs,
SUBSTANCE USE EXPOSURE AND PLANS OF SAFE CARE
Healthcare professionals in Pennsylvania, including those involved in the delivery or care of an infant affected by sub- stance use or withdrawal symptoms (including fetal alcohol spectrum disorder) or encountering infants younger than 1 year of age outside a hospital setting, are required to notify the Pennsylvania Department of Human Services so that a Plan of Safe Care can be developed. It is important to note that this notification is not considered a child abuse report. In this context, healthcare provider or professional is defined as a licensed hospital or healthcare facility or person who is licensed, certified, or otherwise regulated to provide healthcare services under the laws of Pennsylvania, including physicians, podiatrists, optometrists, psychologists, physical therapists, certified nurse practitioners, registered nurses, nurse midwives, physician assistants, chiropractors, dentists, pharmacists, or individuals accredited or certified to provide behavioral health
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Book Code: DPA1525
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