____________________________ Child Abuse Identification and Reporting: The Pennsylvania Requirement
• Causing the death of the child through any act or failure to act • Engaging a child in a severe form of trafficking in per- sons or sex trafficking GENERAL PROTECTIVE SERVICES GPS is involved in non-abuse cases or acts that involve non- serious injury or neglect [38]. The primary purpose of GPS is to protect the rights and welfare of children, so they have an opportunity for healthy growth and development [38]. It includes services and activities provided by each county agency for cases requiring protective services, as defined by DHS in regulations. GPS cases require an assessment for services and supports. In these cases, the alleged act or failure to act may not meet the definition of child abuse but is still detrimental to a child. Examples of GPS cases: services are provided to prevent the potential for harm to a child who meets one of the following conditions: • Is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for their physical, mental, or emotional health, or morals • Has been placed for care or adoption in violation of law • Has been abandoned by their parents, guardian, or other custodian • Is without a parent, guardian, or legal custodian • Is habitually and without justification truant from school while subject to compulsory school attendance • Has committed a specific act of habitual disobedience of the reasonable and lawful commands of their parent, guardian, or other custodian and who is ungovernable and found to be in need of care, treatment, or supervi- sion • Is younger than 10 years of age and has committed a delinquent act • Has been formerly adjudicated dependent under sec- tion 6341 of the Juvenile Act (relating to adjudication) and is under the jurisdiction of the court, subject to its conditions or placements, and who commits an act that is defined as ungovernable • Has been referred under section 6323 of the Juvenile Act (relating to informal adjustment) and who commits an act that is defined as ungovernable DEFINITIONS OF CHILD ABUSE In Pennsylvania, the child abuse law takes a very comprehensive approach to defining of child abuse [26]. According to Penn- sylvania law, child abuse shall mean intentionally, knowingly, or recklessly doing any of the following [13]:
• Causing bodily injury to a child through any recent act or failure to act • Fabricating, feigning, or intentionally exaggerating or inducing a medical symptom or disease that results in a potentially harmful medical evaluation or treatment to the child through any recent act • 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 • Causing sexual abuse or exploitation of a child through any act or failure to act • Creating a reasonable likelihood of bodily injury to a child through any recent act or failure to act • Creating a likelihood of sexual abuse or exploitation of a child through any recent act or failure to act • Causing serious physical neglect of a child • Engaging in any of the following specific recent “per se” acts: – Kicking, biting, throwing, burning, stabbing, or cutting a child in a manner that endangers the child – Unreasonably restraining or confining a child, based on consideration of the method, location, or duration of the restraint or confinement – Forcefully shaking a child younger than 1 year of age – Forcefully slapping or otherwise striking a child younger than 1 year of age – Interfering with the breathing of a child – Causing a child to be present at a location while a violation of 18 Pa.C.S. § 7508.2 relating to the operation of methamphetamine laboratory is occurring, provided that the violation is being investigated by law enforcement – Leaving a child unsupervised with an individual, other than the child’s parent, who the actor knows or reasonably should have known a) is required to register as a Tier II or Tier III sex- ual offender (under 42 Pa.C.S. Ch. 97 Subch. H relating to registration of sexual offenders), where the victim of the sexual offense was younger than 18 years of age when the crime was committed; b) has been determined to be a sexually violent
predator (under 42 Pa.C.S. § 9799.24 relating to assessments, or any of its predecessors); has been determined to be a sexually violent delinquent child (as defined in 42 Pa.C.S. § 9799.12 relating to definitions); or
c)
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