Pennsylvania Code
Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS
Part I - DEPARTMENT OF STATE
Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS
Chapter 47 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILYTHERAPISTS AND PROFESSIONAL COUNSELORS
CHILD ABUSE REPORTING REQUIREMENTS
Section 47.51 - Definitions relating to child abuse reporting requirements
Current through Register Vol. 54, No. 44, November 2, 2024
The following words and terms, when used in this section and §§ 47.52-47.59 (relating to child abuse reporting requirements), have the following meanings, unless the context clearly indicates otherwise:
Bodily injury-Impairment of physical condition or substantial pain.
Bureau-Bureau of Professional and Occupational Affairs within the Department of State of the Commonwealth.
Child-An individual under 18 years of age.
Child abuse-Intentionally, knowingly or recklessly doing any of the following:
(i) Causing bodily injury to a child through any recent act or failure to act.
(ii) Fabricating, feigning or intentionally exaggerating or inducing a medical symptom or disease which results in a potentially harmful medical evaluation or treatment to the child through any recent act.
(iii) Causing or substantially contributing to serious mental injury to a child through any act or failure to act or a series of such acts or failures to act.
(iv) Causing sexual abuse or exploitation of a child through any act or failure to act.
(v) Creating a reasonable likelihood of bodily injury to a child through any recent act or failure to act.
(vi) Creating a likelihood of sexual abuse or exploitation of a child through any recent act or failure to act.
(vii) Causing serious physical neglect of a child.
(viii) Engaging in any of the following recent acts:
(ix) Causing the death of the child through any act or failure to act.
(x) Engaging a child in a severe form of trafficking in persons or sex trafficking, as those terms are defined under section 103 of the Trafficking Victims Protection Act of 2000 (Division A of Pub.L. No. 106-386).
ChildLine-An organizational unit of the Department of Human Services, which operates a 24-hour a day Statewide toll-free telephone system for receiving reports of suspected child abuse, referring reports for investigation and maintaining the reports in the appropriate file.
Mandated reporter-A person who is required under 23 Pa.C.S. § 6311 (relating to persons required to report suspected child abuse) to make a report of suspected child abuse. For purposes of this chapter, the term includes all licensed bachelor social workers, licensed social workers and licensed clinical social workers.
Parent-A biological parent, adoptive parent or legal guardian.
Perpetrator-An individual who has committed child abuse as defined in this section. The following apply:
(i) This term includes only the following:
(ii) Only the following may be considered a perpetrator for failing to act, as provided in this section:
Person responsible for the child's welfare-A person who provides permanent or temporary care, supervision, mental health diagnosis or treatment, training or control of a child in lieu of parental care, supervision and control.
Program, activity or service-Any of the following in which children participate and which is sponsored by a school or a public or private organization:
(i) A youth camp or program.
(ii) A recreational camp or program.
(iii) A sports or athletic program.
(iv) A community or social outreach program.
(v) An enrichment or educational program.
(vi) A troop, club or similar organization.
Recent act or failure to act-An act or failure to act committed within 2 years of the date of the report to the Department of Human Services or county agency.
Serious mental injury-A psychological condition, as diagnosed by a physician or licensed psychologist, including the refusal of appropriate treatment, that does one or more of the following:
(i) Renders a child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic or in reasonable fear that the child's life or safety is threatened.
(ii) Seriously interferes with a child's ability to accomplish age-appropriate developmental and social tasks.
Serious physical neglect-Any of the following when committed by a perpetrator that endangers a child's life or health, threatens a child's well-being, causes bodily injury or impairs a child's health, development or functioning:
(i) A repeated, prolonged or egregious failure to supervise a child in a manner that is appropriate considering the child's developmental age and abilities.
(ii) The failure to provide a child with adequate essentials of life, including food, shelter or medical care.
Sexual abuse or exploitation-Any of the following:
(i) The employment, use, persuasion, inducement, enticement or coercion of a child to engage in or assist another individual to engage in sexually explicit conduct, which includes the following:
(ii) Any of the following offenses committed against a child:
(iii) For the purposes of subparagraph (i), the term does not include consensual activities between a child who is 14 years of age or older and another person who is 14 years of age or older and whose age is within 4 years of the child's age.
The provisions of this §47.51 issued under the Child Protective Services Law, 23 Pa.C.S. § 6383(b)(2); and section 6 of the Social Workers' Practice Act (63 P.S. § 1906); amended under section 6(2) of the Social Workers, Marriage Family Therapists and Professional Counselors Act (63 P.S. § 1906(2)); and 23 Pa.C.S. §§ 6301-6388.
This section cited in 49 Pa. Code § 47.79 (relating to mandatory reporting).
