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 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 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, the 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 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. Chapter 63 (relating to
Child Protective Services Law).
(9.1) Other information required by Federal
law or regulation.
(10) Other
information which the Department of Human Services may require by
regulation.
This section cited in 49 Pa. Code §
25.415 (relating to
confidentiality-waived); and 49 Pa. Code §
25.416 (relating to
noncompliance).
