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), all
Board-regulated practitioners 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 Board-regulated practitioner is required to make a report under
subsection (a) in the capacity as a member of the staff of a medical or other
public or private institution, school, facility or agency, that Board-regulated
practitioner 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
(relating 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 or any other person responsible for the child's
welfare.
(2) Where the suspected
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 §16.102 amended under
section 8 of the Medical Practice Act of 1985 (63 P.S. §
422.8); and
23 Pa.C.S. §
6383(b)(2).
This section cited in 49 Pa. Code §
16.103 (relating to photographs,
medical tests and X-rays of child subject to report); 49 Pa. Code §
16.105 (relating to immunity from
liability); 49 Pa. Code §
16.106 (relating to
confidentiality-waived); and 49 Pa. Code § 16.107 (relating to
noncompliance).
