PENNSYLVANIA

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WHO:        ANY person MAY report if s/he has reasonable cause to suspect that a child is a victim of child abuse.  [Cons. Stat. tit. 23, § 6312]      

These are mandated (MUST report), and are expressly adults: • Persons licensed or certified to practice in any health-related field under the jurisdiction of the Department of State • Medical examiners, coroners, or funeral directors • Employees of licensed health-care facilities or providers who are engaged in the admission, examination, care, or treatment of individuals • School employees • Child-care service employees who have direct contact with children in the course of employment • Clergymen, priests, rabbis, ministers, Christian Science practitioners, religious healers, or spiritual leaders of any regularly established church or other religious organization • Individuals, paid or unpaid, who, on the basis of their role in a program, activity, or service, are responsible for the child’s welfare or have direct contact with children • Employees of a social services agency who have direct contact with children in the course of employment • Peace officers or law enforcement officials • Certified emergency medical services provider • Employees of a public library who have direct contact with children in the course of employment • Independent contractors • Individuals supervised or managed by a person listed above who has direct contact with children in the course of employment • Attorneys affiliated with an agency, institution, organization or other entity, including a school or established religious organization that is responsible for the care, supervision, guidance, or control of children • Foster parents • Adult family members who are persons responsible for the child’s welfare and provide services to a child in a family living home, community home for individuals with an intellectual disability, or supervised or licensed host home for children • NOTE:  A “school employee” is an individual employed by a school or who provides an activity or service sponsored by a school. The term applies to administrative personnel only if they have direct contact with children. A school is a facility providing elementary, secondary, or postsecondary educational services, including public and nonpublic schools, vocational-technical schools, and institutions of higher education.  [Cons. Stat. tit. 23, §§ 6311(a); 6303(a)]

·       NOTE: The mandate addresses information learned through roles and responsibilities, but is not restricted to those sources.

·       STANDARD:  [Cons. Stat. tit. 23, §§ 6303(a), 6312]  Child means under age 18.

(1)      Mandatory reporter (MR): reasonable cause to suspect that a child is a victim of child abuse:  [Cons. Stat. tit. 23, § 6311(b)]

(a)      Based on information learned under ANY of the following circumstances:

                                                            (i)   The mandatory reporter (MR) comes into contact with the child in the course of employment, occupation, professional practice OR a regularly scheduled program, activity, or service; OR

                                                          (ii)   The MR is directly responsible for his/her care, supervision, guidance, or training OR is affiliated with an agency, institution, organization, school, church, religious organization, or other entity that is; OR

                                                         (iii)   Someone discloses to the MR that an identifiable child was abused; OR

                                                         (iv)   Someone age 14 or more confesses to the MR, as to abusing a child;

(b)      But nothing requires meeting the child before the MR reports;

(c)      And nothing requires identifying the perpetrator before the MR reports.

(2)      Other reporters: reasonable cause to suspect that a child is a victim of abuse.

·       PRIVILEGE:  Clergy-confidential and attorney-confidential privileges apply. Patient or other client confidences are NOT privileged or exempt.  [Cons. Stat. tit. 23, § 6311.1]

WHEN:      If mandatory: IMMEDIATE report (hotline OR electronic); if reports are oral (hotline) they must be followed by a written or electronic report within 48 HOURS. [Cons. Stat. tit. 23, §§ 6311; 6313(a)]  Timelines for permissive (i.e., voluntary) reports are not specified. 

WHERE & HOW:  Department of Human Services (DHS) and its County Youth Agencies (CYA).  [Cons. Stat. tit. 23, §§ 6305(a)-(b); 6312; 6332(a); 6366]

Mandatory reporters: (1) Call the hotline or file online. (2) IF the hotline is used, they follow up with a written report, which may be by online filing with a receipt.  Written reports that are not online should be submitted to the CYA office (24/7) in their prescribed manner and format; the proper county for that is where suspected child abuse or neglect occurred. [Cons. Stat. tit. 23, §§ 6313(a)(1)-(2); see 6334(b),(c)]

Others:  Format: oral or written, which may be submitted electronically. Recipient: DHS, CYA, or law enforcement. Or the reporter may cause (delegate) the report to be made in that way by someone else.  [Cons. Stat. tit. 23, § 6312]

·       In an emergency:                                    dial 911 or local police, then call ChildLine

A law enforcement directory is at:      https://www.usacops.com/pa/

·       Pennsylvania ChildLine (24/7):                 1-800-932-0313          TDD: 1-866-872-1677

o   ChildLine can also take reports in foreign languages.   

·       Electronic reports (mandated only) are submitted through the Child Welfare Portal (URL follows):       https://www.compass.state.pa.us/cwis/public/home

·       Written reports are submitted (on Form CY47 if for mandatory follow-up) to the Children and Youth Agency (CYA) in the county where the incident occurred. The form is at the FIRST URL below. A county CYA directory is at the SECOND URL below.

o   https://www.dhs.pa.gov/KeepKidsSafe/Resources/Pages/Forms.aspx

o   https://www.dhs.pa.gov/docs/OCYF/Documents/Directory%20of%20Services.pdf 

·       For issues with the reporting technology:             call 1-877-343-0494

·       Suspicious Death:  A mandatory reporter must report suspicions about a child’s death to the (county) coroner or medical examiner.  [Cons. Stat. tit. 23, § 6317]  This is in addition (parallel) to regular reports.  [cf. Cons. Stat. tit. 23, § 6313(b)(9)]   A directory of coroners and M.E.s is posted at: http://www.pacoroners.org/cms/members/

OTHER ASPECTS

·       INSTITUTIONS: Mandatory reporters on staff at a medical or other public or private institution, school, facility, or agency, MUST report immediately as above and then immediately notify the chief of the institution etc., or his/her designated agent. The chief or agent must facilitate cooperation of the institution etc. with investigators of the report. Only one report per institution etc. is needed.  [Cons. Stat. tit. 23, § 6311(c)]

·       REPORT DETAILS: Written reports MUST include, if known: (a) names and addresses of the child, parents, and others responsible for him/her; (b) where suspected abuse occurred; (c) child(ren)’s age and sex; (d) nature and extent of suspected abuse, and any evidence of prior abuse to the child or sibling(s); (e) suspected perpetrator’s name and relationship (to the child), and any evidence of prior abuse by him/her; (f) family composition; (g) the report’s source; (h) reporter’s name, phone number, and email address (but non-mandatory reporters may remain anonymous); (i) reporter’s actions, e.g., (A) photos, (B) medical tests and x-rays, (C) protective custody, (D) hospital admission, (E) mandatory report and postmortem investigation; (j) any other info that federal rules require; and (k) any other info DHS requires by regulation.  [Cons. Stat. tit. 23, § 6313(b)]  Intake staff also ask: (l) physical description of child; (m) phone number of legal guardian or parent; (n) physical description of suspected perpetrator, if not a name; (o) suspected perpetrator’s home address and phone number; (p) description of suspected injury to the child; (q) any concern for the child’s immediate safety; and (r) reporter’s relationship to the child. [http://www.keepkidssafe.pa.gov/resources/reportabuse/index.htm]

·       REPORTER PROTECTION: (1) Mandated reports MUST include the reporter’s name, phone number, and email address; others may be anonymous.  [Cons. Stat. tit. 23, § 6313(b)(8)]. (2) Information that would identify the reporter is released only to law enforcement officials who have a need to know.  [Cons. Stat. tit. 23, § 6340(a)(9)-(10),(c)]  (3) A person or entity reporting in good faith is immune from civil and criminal liability; mandated reporters reporting as indicated or reporting a crime against a child to law enforcement officials does not violate the Mental Health Procedures Act by disclosing information necessary for the report.  [Cons. Stat. Ch. 23, § 6318; 6313(e)]

WHY:        (1) Willful failure to make a mandated report is a third degree misdemeanor the first time, and second degree in subsequent violations. (2) Related offenses include: (a) interfering; (b) trying to intimidate a potential reporter; (c) withholding info from investigators or proceedings; and (d) giving false or misleading info; of (g) threatening or retaliating against reporters (e.g., by institutional employers). These are second-degree misdemeanors, but are second-degree felonies if they: (i) use force, violence, deception, or threat upon a reporter, witness, or victim; (ii) try to bribe any of them; or (iii) have a prior conviction under this or a similar law.  [Cons. Stat. tit. 23, §§ 6319(a)-(c); 6311(c); tit. 18, § 4958]. (3) (Anyone) who intentionally or knowingly (a) makes a false report or (b) induces a child to make a false claim commits a second-degree misdemeanor.  [Cons. Stat. tit. 18, § 4906.1]

WHAT:      In Pennsylvania, child abuse includes: serious bodily injury; feigning a child’s medical symptoms; serious mental injury; sexual abuse / exploitation; creating a likelihood of bodily injury; creating a likelihood of sexual abuse; physical neglect; kicking, etc.; causing death; and severe forms of trafficking for sex and labor. [Cons. Stat. tit. 23, § 6303(b.1)]

Initial Screening Criteria (DHS): (a) the immediate safety of the child and any others in the home; (b) whether abuse occurred (under the statutory definition); (c) whether there is reasonable cause to suspect abuse based on the information; (d) which county suspected abuse occurred in, for referral there; (e) whether a prior report or current investigation covers the same case; (f) whether a criminal offense is alleged (for law enforcement investigation); and (g) whether a need for social services is apparent (for DHS follow-up).  [Cons. Stat. tit. 23, § 6334(a),(b),(c),(f)]

Reportable: (a) a parent, other person responsible for the child’s welfare, or other perpetrator (including child perpetrators), for serious bodily injury, feigning the child’s medical symptoms, serious mental injury, sexual abuse / exploitation, creating a likelihood of bodily injury, creating a likelihood of sexual abuse, physical neglect, kicking etc., causing death, and severe forms of trafficking for sex and labor; or (b) anyone age 18 or older, for severe forms of trafficking for sex or labor.  [Cons. Stat. tit. 23, § 6303(a),(b.1)]  NOTE: Abusers outside this description may be reportable to police for crimes.

·        Perpetrator means a person who committed child abuse; it includes ONLY: (a) a parent; (b) parent’s spouse or ex-spouse; (c) a parent’s paramour or former paramour; (d) person age 14 or older who is responsible for the child or has direct contact with children as a child-care employee, school employee, or through a program, activity or service; (e) household member age 14 or older; (f) non-household relative age 18 or older who is within the third degree of consanguinity or affinity by birth or adoption (i.e., at least as close as uncles / aunts / nephews / nieces / great grandparents); and (g) an individual age 18 or older who engages a child in severe forms of trafficking in persons or sex trafficking (22 U.S.C. § 7102).  [Cons. Stat. tit. 23, § 6303(a)]

o   Only the following may be perpetrators for FAILING to act: (a) a parent; (b) a spouse or ex of the parent; (c) a paramour or ex-paramour of the parent; (d) a person age 18 or older who is responsible for the child's welfare; or (e) a household member who is age 18 or older.  [Cons. Stat. tit. 23, § 6303(a), “Perpetrator”]

o   Fault requires intentional, knowing, or reckless harm.  [Cons. Stat. tit. 23, § 6303(c)]

o   Types of abuse that are only reportable for RECENT incidents: bodily injury; feigning the child’s medical symptoms; creating a likelihood of bodily injury; creating a likelihood of sexual abuse; and kicking, etc.

o   Types of abuse that are reportable even if NOT recent: mental injury; sexual abuse/exploitation; physical neglect; causing death; and trafficking.

·        Person responsible for the child's welfare is a person who – in lieu of a parent – provides permanent or temporary care, supervision, mental health diagnosis or treatment, training, or control of a child.  [Cons. Stat. tit. 23, § 6303(a)]

Child Abuse means intentionally, knowingly or recklessly doing any of the following:  [Cons. Stat. tit. 23, § 6303(a),(b.1)]

(A)     Causing bodily injury to a child through any RECENT act or failure to act.

(1)     SERIOUS BODILY INJURY either: (a) creates a substantial risk of death; or (b) causes serious permanent disfigurement or protracted loss or impairment of function for a bodily member or organ.  [Cons. Stat. tit. 23, § 6303(a)]

(2)     CAVEATS:  Cons. Stat. tit. 23, §§ 6303(d); 6304(c)-(g)]

(a)      Necessary Force: The parent’s or other caretaker’s use of force on the child is NOT abuse if it is: (a) incidental, minor, or reasonable to maintain order and control; (2) necessary to quell a disturbance or move the child to avoid injury or property damage; (3) necessary to prevent the child’s self-inflicted physical harm; (4) in defense of self or others; (5) necessary to appropriate the child’s weapons, dangerous objects, or controlled substances or paraphernalia. 

(b)      Discipline: Parents may use reasonable force on or against their children for supervision, control, and (physical) discipline. That is NOT abuse. 

(c)      Contact Sports, etc.: Practicing or competing in a sport, physical education, recreational activity or extracurricular activity involving physical contact with a child is NOT child abuse on that basis alone.

(d)      Child-on-Child Contact: Acts by another child that cause harm or injury are NOT child abuse UNLESS the child causing them is a perpetrator.

                                                         (i)      A child perpetrator MUST be reported for: (A) rape; (B) involuntary deviate sexual intercourse; (C) sexual assault; (D) aggravated indecent assault; (E) indecent assault; or (F) indecent exposure.

                                                        (ii)      If two children agree to dispute, fight, or scuffle with each other, neither is a perpetrator solely due to resulting physical or mental injuries.

                                                       (iii)      A law enforcement official who receives a report of suspected child abuse is NOT required to inform DHS, if the suspect is a NON-perpetrator child.

(B)     Through any RECENT act: fabricating, feigning or intentionally exaggerating or inducing a medical symptom or disease that results in a potentially harmful medical evaluation or treatment to the child [Munchausen Syndrome by Proxy].

(C)     Causing or substantially contributing to serious mental injury to a child through ANY act, failure to act, or series of either.

(1)     SERIOUS MENTAL INJURY means a psychological condition diagnosed by a physician or licensed psychologist, including refusal of appropriate treatment, where the condition: (a) renders a child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic, or in reasonable fear for his/her life or safety; or (b) seriously interferes with a child’s ability to accomplish age-appropriate developmental and social tasks. 

(D)     Causing sexual abuse or exploitation of a child through ANY act or failure to act.

(1)     SEXUALLY EXPLICIT CONDUCT: to employ, use, persuade, induce, entice, or coerce a child to engage in or assist another person in sexually explicit conduct, such as the following: (but NOT consensual acts by a child age 14 or more with another person age 14 or more who is within four years of the child's age):

(a)      For sexual arousal or gratification of any individual: (i) looking at a child’s or other individual’s sexual or other intimate parts; (ii) participating in sexually explicit conversation in person, or by phone, computer, or a computer-aided device; or (iii) actual or simulated sexual activity or nudity; or

(b)      Actual or simulated sexual activity for visual depiction [porn], including photographing, videotaping, computer depicting, or filming; OR

(2)     ANY OF THE FOLLOWING OFFENSES against a child: (1) rape; (2) statutory sexual assault; (3) involuntary deviate sexual intercourse; (4) sexual assault; (5) institutional sexual assault; (6) aggravated indecent assault; (7) indecent assault; (8) indecent exposure; (9) incest; (9) prostitution; (10) sexual abuse of children; (11) unlawful contact with a minor; or (12) sexual exploitation of children.

(a)      Incest of a minor is sexual intercourse, knowing the person is – legitimately or not – one’s: (a) ancestor or descendant; (b) brother or sister of whole or half blood; or (c) uncle, aunt, nephew or niece of whole blood; if the minor is: (i) under age 13; or (ii) age 13-18 and the other person is 4 or more years older. It includes parent-adoptive child.  [Cons. Stat. tit. 23, § 4302(b),(c)]

(3)     CONTEXT: THE AGE OF CONSENT is 16. But a child age 13, 14 or 15 may have a (consensual) sex partner less than 4 years older. An underage spouse is permitted. Mistake-of-age is a defense only as to ages above 14. A corruption-of-morals statute applies to persons age 18 or more who aid, abet, entice, or encourage any minor to violate underage sex laws.  [Cons. Stat. tit. 23, § 6303(a); tit. 18, §§ 3102; 3123(a)(7), 3125(a)(8), 3126(a)(8); 6301(a)]

(E)     Creating a reasonable likelihood of bodily injury to a child through any RECENT act or failure to act.

(F)     Creating a likelihood of sexual abuse or exploitation of a child through any RECENT act or failure to act.

(G)    Causing serious physical neglect of a child.

(1)     SERIOUS PHYSICAL NEGLECT yields at least one of four effects: (1) endangers the child’s life or health; (2) threatens his/her well-being; (3) causes bodily injury; or (4) impairs a child's health, development, or functioning; where the neglect involves either of the following: [Cons. Stat. tit. 23, § 6303(a)]

(a)      Failure to supervise: repeated, prolonged, or egregious failure to supervise appropriately, in view of the child’s developmental age and abilities; or

(b)      Failure to provide adequate essentials, e.g., food, shelter, or medical care.

(2)     CAVEATS:  [Cons. Stat. tit. 23, §§ 6303(d); 6304(a),(b)]

(a)      Environment: It is NOT neglect if injuries result solely from environmental factors that are beyond the control of the parent or person responsible for the child, e.g., inadequate housing, clothing, and medical care.

(b)      Religion: It is NOT abuse if a parent or relative within the 3^rd degree of sanguinity declines to provide medical care due to sincere religious beliefs consistent with a bona fide religion, unless that causes the child’s death.  A court may order medical intervention if the child’s life or long-term health is at risk. Child-care services do not qualify for this exception to neglect.

(H)     Engaging in any RECENT act of: (a) kicking, biting, throwing, burning, stabbing or cutting that endangers the child; (b) restraint or confinement by an unreasonable method, location, or duration; (c) forcefully shaking a child under age 1; (d) forcefully slapping or striking a child under age 1; (e) interfering with a child’s breathing; (f) causing a child’s presence at an unlawful methamphetamine lab, if investigated by law enforcement; or (g) knowingly (or should know) leaving a child unsupervised with a sex offender, not the child's parent, who is any of: (i) Tier II (25-year list) or Tier III (lifetime list) for a sex crime with a victim then under age 18; (ii) a sexually violent predator (Tit. 42, § 9799.24 rule); (iii) a sexually violent delinquent child; or (iv) a sexually violent predator (Tit. 42, § 9799.58 rule) or must register for life. 

(I)       Causing the child’s death through ANY act or failure to act.

(J)      Engaging a child in a severe form of trafficking in persons or sex. For a person under age 18, this means either:  [22 U.S.C. § 7102(4),(11),(12)]

(1)     Sex trafficking: to recruit, harbor, transport, provide, obtain, patronize or solicit a child for a commercial sex act [paid sex] or to induce performance of it; or

(2)     Trafficking in persons: to recruit, harbor, transport, provide, or obtain a person (child here) for labor or services, by force, fraud, or coercion for involuntary servitude, peonage, debt bondage, or slavery.