Current through Register Vol. 54, No. 44, November 2, 2024
(a)
General rule.
(1) Under
23 Pa.C.S. §
6311
(relating to persons required to report suspected child abuse), funeral
directors are considered mandated reporters. A mandated reporter shall make a
report of suspected child abuse in accordance with this section if the mandated
reporter has reasonable cause to suspect that a child is a victim of child
abuse under any of the following circumstances:
(i) The mandated reporter comes into contact
with the child in the course of employment, occupation and practice of the
profession or through a regularly scheduled program, activity or
service.
(ii) The mandated reporter
is directly responsible for the care, supervision, guidance or training of the
child, or is affiliated with an agency, institution, organization, school,
regularly established church or religious organization or other entity that is
directly responsible for the care, supervision, guidance or training of the
child.
(iii) A person makes a
specific disclosure to the mandated reporter that an identifiable child is the
victim of child abuse.
(iv) An
individual 14 years of age or older makes a specific disclosure to the mandated
reporter that the individual has committed child abuse.
(2) Nothing in this subsection shall require
a child to come before the mandated reporter to make a report of suspected
child abuse.
(3) Nothing in this
subsection shall require the mandated reporter to identify the person
responsible for the child abuse to make a report of suspected child
abuse.
(b)
Staff
members of public or private agencies, institutions and facilities.
Whenever a mandated reporter is required to make a report under subsection (a)
in the capacity as a member of the staff of a medical, dental or other public
or private institution, school, facility or agency, that licensee shall report
immediately in accordance with subsection (c) and shall immediately thereafter
notify the person in charge of the institution, school, facility or agency or
the designated agent of the person in charge.
(c)
Reporting procedure. A
mandated reporter shall immediately make a report of suspected child abuse to
the Department of Human Services by either:
(1) Making an oral report of suspected child
abuse by telephone to ChildLine at (800) 932-0313, followed by a written report
within 48 hours to the Department of Human Services or the county agency
assigned to the case in a manner and format prescribed by the Department of
Human Services. The written report submitted under this paragraph may be
submitted electronically.
(2)
Making an electronic report of suspected child abuse in accordance with
23 Pa.C.S. §
6305
(related to electronic reporting) through the Department of Human Service's
Child Welfare Information Solution self-service portal at
www.compass.state.pa.us/cwis. A confirmation by the Department of Human
Services of the receipt of a report of suspected child abuse submitted
electronically relieves the mandated reporter of the duty to make an additional
oral or written report.
(d)
Written or electronic
reports. A written or electronic report of suspected child abuse,
shall include the following information, if known:
(1) The names and addresses of the child, the
child's parents and any other person responsible for the child's
welfare.
(2) Where the suspected
child abuse occurred.
(3) The age
and sex of each subject of the report.
(4) The nature and extent of the suspected
child abuse including any evidence of prior abuse to the child or any sibling
of the child.
(5) The name and
relationship of each individual responsible for causing the suspected abuse and
any evidence of prior abuse by each individual.
(6) Family composition.
(7) The source of the report.
(8) The name, telephone number and e-mail
address of the person making the report.
(9) The actions taken by the person making
the report, including actions taken under 23 Pa.C.S. §§
6314-6317.
(10) Other information
required by Federal law or regulation.
(11) Other information which the Department
of Human Services may require by regulation.
The provisions of this §13.302 issued under the
Child Protective Services Law,
23 Pa.C.S. §
6383(b)(2); and section 16
of the Funeral Director Law (63 P.S. §
479.16); amended under section 16(a) of the
Funeral Director Law (63 P.S. §
479.16(a)); and 23 Pa.C.S.
§§ 6301-6388.
This section cited in 49 Pa. Code §
13.301 (relating to definitions
relating to child abuse reporting requirements); 49 Pa. Code §
13.303 (relating to photographs,
medical tests and X-rays of child subject to report; 49 Pa. Code §
13.305 (relating to immunity from
liability); 49 Pa. Code §
13.306 (relating to
confidentiality-waived); and 49 Pa. Code §
13.307 (relating to
noncompliance).
