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), optometrists
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 in order for the mandated reporter
to make a report of suspected child abuse.
(3) Nothing in this subsection shall require
the mandated reporter to take steps to identify the person responsible for the
child abuse, if unknown, in order for the mandated reporter to make a report of
suspected child abuse.
(b)
Staff members of public or
private agencies, institutions and facilities. Whenever an optometrist
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 optometrist 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 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
which the Department of Human Services may require by regulation.
(11) Other information required by Federal
law or regulation.
The provisions of this §23.111 issued under the
Child Protective Services Law,
23 Pa.C.S. §
6383(b)(2); and section
3(b)(14) of the Optometric Practice and Licensure Act (63 P. S. §
244.3(b)(14)).
This section cited in 49 Pa. Code §
23.116 (relating to
noncompliance).
