Pennsylvania Dental Ebook Continuing Education

Child Abuse Identification and Reporting: The Pennsylvania Requirement _____________________________

substance use disorder prevention and treatment providers, mental health providers, public and private children and youth agencies, early intervention and developmental services, courts, local education agencies, managed care organizations and private insurers, and hospitals and medical providers. The meeting will inform an assessment of the needs of the child and the child’s parents and immediate caregivers to determine the most appropriate lead agency for developing, implement- ing, and monitoring a plan of safe care. The child’s parents and immediate caregivers must be engaged to identify the need for access to treatment for any substance use disorder or other physical or behavioral health condition that may impact the safety, early childhood development, and well-being of the child. Depending upon the needs of the child and parent(s)/ caregiver(s), ongoing involvement of the county agency may not be required. PROTECTIONS FOR REPORTERS Reporters are afforded protections after reporting a suspected incidence of child abuse. Any person or institution who, in good faith, makes a report of child abuse, cooperates with a child abuse investigation, or testifies in a child abuse proceed- ing is considered immune from civil and criminal liability [44]. Mandated reporters who make a report in good faith and then later face discrimination in their workplace can take legal action [44]. (This protection from discrimination does not apply to an individual making a report who is found to be a perpetrator or to any individual who fails to make a required report.) For the most part, the reporter’s identity is kept confidential. If a case is referred to law enforcement, then the name of the reporter must be given upon request; however, reporters are treated as confidential informants [49]. PENALTIES FOR FAILURE TO REPORT According to Pennsylvania statutes, a person or official required to report a case of suspected child abuse or to make a referral to the appropriate authorities who willfully fails to do so commits a misdemeanor of the third degree for the first violation and a misdemeanor of the second degree for a second or subsequent violation [44; 54]. An offense is a felony of the third degree if all three of the following are true: • 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. A person who commits a second or subsequent offense com- mits a felony of the third degree, except if the child abuse constitutes a felony of the first degree or higher, in which case the penalty for the second or subsequent offenses is a felony of the second degree. In addition, if a person’s willful failure continues while the person knows or has reasonable cause to

believe the child is actively being subjected to child abuse, the person commits a felony of the third degree; if the child abuse constitutes a felony of the first degree or higher, the person commits a felony of the second degree [44; 54]. The statute of limitations for an offense under this section shall be either the statute of limitations for the crime committed against the minor child or five years, whichever is greater. BARRIERS TO REPORTING Studies have shown that many professionals who are mandated to report child abuse and neglect are concerned and/or anx- ious about reporting. Identified barriers to reporting include [29; 30; 31; 40]: • Professionals may not feel skilled in their knowledge base about child abuse and neglect. In addition, they lack the confidence to identify sexual and emotional abuse. • Professionals may be frustrated with how little they can do about poverty, unemployment, drug use, and the intergenerational nature of abuse. • Although professionals understand their legal obligation, they may still feel that they are violating patient confidentiality. • Many professionals are skeptical about the effectiveness of reporting child abuse cases given the bureaucracy of the child welfare system. • Practitioners may be concerned that they do not have adequate or sufficient evidence of child abuse. • Practitioners may have a belief that government entities do not have the right to get involved in matters within the family. • There may be some confusion and emotional distress in the reporting process. • Practitioners may fear that reporting will negatively impact the therapeutic relationship. • Some professionals have concerns that there might be negative repercussions against the child by the perpetrator. • Some simply underestimate the seriousness and risk of the situation and may make excuses for the parents. When interviewing children whose first language is not English, it is highly recommended that they be interviewed through the use of an interpreter. It can cause additional stress for children who struggle to find the right words in English, which can result in more feelings of fear, disempowerment, and voicelessness [41].

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