Pennsylvania Code
Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS
Part I - DEPARTMENT OF STATE
Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS
Chapter 49 - STATE BOARD OF SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND PROFESSIONAL COUNSELORS-LICENSURE OF PROFESSIONAL COUNSELORS
CHILD ABUSE REPORTING REQUIREMENTS
Section 49.56 - Confidentiality-waived
To protect children from abuse, the reporting requirements of §§ 49.52-49.54 (relating to suspected child abuse-mandated reporting requirements; photographs of child subject to report; and suspected death as a result of child abuse-mandated reporting requirement) take precedence over the provisions of any client confidentiality, ethical principle or professional standard that might otherwise apply. In accordance with 23 Pa.C.S. § 6311.1 (relating to privileged communications), privileged communications between a mandated reporter and a patient/client does not apply to a situation involving child abuse and does not relieve the mandated reporter of the duty to make a report of suspected child abuse. Additionally, under 23 Pa.C.S. § 6313(e) (relating to reporting procedure), notwithstanding any other provision of law to the contrary, a mandated reporter who makes a report of suspected child abuse does not violate the Mental Health Procedures Act (50 P.S. §§ 7101-7503) by releasing information necessary to complete the report.
The provisions of this §49.56 issued under section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act (63 P.S. § 1906(2)); and the Child Protective Services Act, 23 Pa.C.S. Chapter 63; 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 § 49.51 (relating to definitions relating to child abuse reporting requirements); and 49 Pa. Code § 49.79 (relating to mandatroy reporting).
