MANDATED REPORTERS FREQUENTLY ASKED QUESTIONS

What is the Child Protective • Create a reasonable likelihood of restraint or confinement; Services Law (CPSL)? bodily injury to a child through any • Forcefully shaking a child under The PA Child Protective Services Law recent act or failure to act; one year of age; (CPSL) was signed into law in 1975. • Create a likelihood of sexual abuse • Forcefully slapping or otherwise It was enacted to protect children or exploitation of a child through any striking a child under one year from abuse, allow the opportunity for recent act or failure to act; of age; healthy growth and development, • Cause serious physical neglect of a • Interfering with the breathing of a and, whenever possible, preserve and child; child; stabilize the family. • Cause the death of the child through • Causing a child to be present any act or failure to act; or What is child abuse? during the operation of a • Engage a child in a severe form methamphetamine laboratory, Child abuse, according to the CPSL, of trafficking in persons or sex provided that the violation is being means to intentionally, knowingly or trafficking, as those terms are investigated by law enforcement; recklessly do any of the following: defined under section 103 of the and/or • Cause bodily injury to a child through Trafficking Victims Protection Act • Leaving a child unsupervised with any recent act or failure to act; of 2000 (114 Stat. 1466, 22 U.S.C. an individual, other than the child’s • Fabricate, feign, or intentionally § 7102 ). parent, who the parent knows or exaggerate or induce a medical Child abuse also includes certain reasonably should have known was symptom or disease which results acts in which the act itself constitutes required to register as a in a potentially harmful medical abuse without any resulting injury or Tier II or III sexual offender or evaluation or treatment to the child condition. These recent acts include has been determined to be a through any recent act; any of the following: sexually violent predator or violent • Cause or substantially contribute • Kicking, biting, throwing, burning, delinquent. to serious mental injury to a child stabbing, or cutting a child in a As pertaining to the CPSL, “recent” is through any act or failure to act or a manner that endangers the child; defined as an abusive act within two series of such acts or failures to act; • Unreasonably restraining or years from the date the report is made • Cause sexual abuse or exploitation confining a child, based on to ChildLine. Sexual abuse, serious of a child through any act or failure consideration of the method, mental injury, serious physical neglect, to act; location or the duration of the and deaths have no time limit.

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Who can be a perpetrator? • Paramour or former paramour of the or other religious organization. A perpetrator of child abuse can be a: parent; or • Individuals — paid or unpaid — who, • Child’s parent; • Person 18 years of age or older who on the basis of the individuals’ role is responsible for the child’s welfare as an integral part of a regularly • Spouse or former spouse of the parent; or who resides in the same home as scheduled program, activity, or • Paramour or former paramour the child. service, are responsible for the of the parent; Mandated reporters do not have to child’s welfare or has direct contact • Person 14 years of age or older determine whether or not the person with children responsible for the welfare of a meets the definition of perpetrator in • Employees of a social services child or having direct contact with order to make the report. agency who has direct contact with children as an employee of child children in the course of employment care services, a school, or through Who is a mandated reporter? • Peace officers or law enforcement a program, activity or service, such The following adults are considered officials as a baby sitter or day care staff mandated reporters and are required • Emergency medical services person; to report suspected child abuse if they providers certified by the • Person 14 years of age or older have reasonable cause to suspect Department of Health residing in the same home as that a child is a victim of child abuse: • Employees of a public library who the child; • Individuals licensed or certified have direct contact with children in • Relative who is 18 years of age or to practice in any health-related the course of employment field under the jurisdiction of the older who does not reside in the • Individuals supervised or managed Department of State same home as the child, but is by a person listed above, who have related within the third degree of • Medical examiner, coroner, or funeral direct contact with children in the consanguinity or affinity by birth or director course of employment adoption to the child; or • Employees of a health care facility or • Independent contractors who has • An individual 18 years of age or providers licensed by the Department direct contact with children older who engages a child in severe of Health who are engaged in the • Attorneys affiliated with an agency, forms of trafficking in persons or admission, examination, care, or institution, organization or other sex trafficking, as those terms are treatment of individuals. entity, including a school or regularly defined under section 103 of the • School employees established religious organization Trafficking Victims Protection Act of • Employees of child care services who that are responsible for the care, 2000 (114 Stat. 1466, 22 U.S.C. have direct contact with children in supervision, guidance, or control of § 7102). the course of employment. children A perpetrator of child abuse for failure • Clergymen, priests, rabbis, ministers, • Foster parents to act can be a: Christian Science practitioners, • Adult family members who are • Child’s parent; religious healers, or spiritual leaders responsible for the child’s welfare • Spouse or former spouse of the parent; of any regularly established church and provide services to a child in a

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family living home, community home makes a specific disclosure to the in charge of the institution, school, for individuals with an intellectual mandated reporter that the individual facility, or agency or the designated disability or host home for children has committed child abuse. agent of the person in charge. which are subject to supervision or It is not required that the child come licensure by the department under before the mandated reporter in order What else must be done after Articles IX and X of the Human to make a report of suspected child making a report to ChildLine? Services Code. abuse nor are they required to identify If an oral report was made to the person responsible for the child ChildLine, a report of suspected child When must mandated reporters abuse to make a report of suspected abuse (CY 47) must also be completed make a report? child abuse. and forwarded to the county children Mandated reporters are required and youth agency within 48 hours to make a report of suspected child What if a mandated reporter has after making the report. This form can abuse if they have reasonable cause general concerns about a child, be obtained at www.KeepKidsSafe. to suspect that a child is a victim of but does not suspect abuse? pa.gov or from the children and child abuse under any of the following Concerns related to the safety of youth agency. If a report is made circumstances: children including, but not limited electronically, no CY-47 is required to • They come into contact with the to inadequate housing, clothing, be completed. child in the course of employment, and supervision, can be referred occupation, and practice of a to ChildLine or the county children Does a mandated reporter have profession or through a regularly and youth agency for assessment as to know for sure that the child scheduled program, activity or general protective services cases. was abused? service; How do mandated reporters A mandated reporter is responsible to • They are directly responsible for report suspected child abuse? make the report when they suspect a the care, supervision, guidance, child is a victim of abuse. Mandated reporters must make or training of the child, or are an immediate and direct report of affiliated with an agency, institution, Are mandated reporters suspected child abuse to ChildLine organization, school, regularly required to report when either electronically at www.compass. established church, or religious they learn of the abuse from state.pa.us/cwis or by calling 1-800- organization or other entity that is 932-0313. someone other than the child directly responsible for the care, who was allegedly abused? supervision, guidance, or training of Does anyone within my Nothing requires a child to come the child; institution, school, facility, or before the mandated reporter in order • A person makes a specific disclosure agency need to be notified after to make a report. to the mandated reporter that an a report is made? identifiable child is the victim of child After making the report to ChildLine, Does a mandated reporter abuse; or mandated reporters are required to have to give their name? • An individual 14 years of age or older immediately thereafter notify the person The law requires that the mandated

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reporter identify themselves and substantiated as child abuse/neglect What will be done for the child? where they can be reached. This The necessary services are also Pennsylvania is committed to information is helpful so that if arranged for or provided to prevent advancing child-protection policies clarification on the situation or the further maltreatment of the child and practices that, when possible, additional information is needed, the and to preserve the family unit. keep children safely in their own Children & Youth caseworker can • The county Children & Youth agency homes connected to nurturing and contact the reporter. must begin an investigation with protective adults. Under Pennsylvania 24 hours. A thorough inquiry is law, it is the responsibility of the Will the name of the mandated conducted to determine if the child county Children & Youth agency to reporter be released? was abused and what services are investigate reports of child abuse and The identity of the person making the appropriate for the child and family. neglect or assess a family for General report is kept confidential with the This investigation must be completed Protective Services. County Children exception of being released to the law within 30 days unless the agency & Youth agencies, in partnership enforcement officials or the district provides justification as to why the with families and community-based attorney’s office. investigation cannot be completed, agencies, strive to provide services to including attempts being made to prevent any further abuse of the child What if a mandated reporter obtain medical records or interview and to ensure the child’s well-being fails to follow the law? subjects of the report. and healthy development. The penalties for a mandated reporter • If the alleged perpetrator named in the The county agency and its partners who willfully fails to report child abuse report does not meet the definition of work to strengthen the child’s family range from a misdemeanor of the perpetrator under the CPSL, but does toward breaking the cycle of abuse second degree to a felony of the suggest the need for investigation, and to preserve the family, whenever second degree. ChildLine will forward the information possible. Should the child be found to to the district attorney’s office in the be in danger of continued harm, the Will a mandated reporter have respective county. county agency may petition the court to testify in court? to have the child removed from the Mandated reporters may be required How does a mandated reporter home and ongoing court monitoring to testify in civil or criminal court learn what happened on the to determine if the child can safely be cases, including juvenile or criminal report they have made and what reunited with his/her family. court proceedings. the agency is doing to protect the child from further abuse? What happens after Mandated reporters will receive a report is made? information from the department • ChildLine forwards the report of regarding the final status of the suspected child abuse to the local report — whether it was unfounded, county Children & Youth agency, indicated or founded, as well as the which investigates the report to services planned or provided to determine if the allegations can be protect the child. www.KeepKidsSafe.pa.gov