____________________________ Child Abuse Identification and Reporting: The Pennsylvania Requirement
• Engaging in any action authorized under 23 Pa.C.S. § 6314 (relating to photographs, medical tests and x-rays of child subject to report), § 6315 (relating to taking child into protective custody), § 6316 (relating to admis- sion to private and public hospitals), or § 6317 (relating to mandatory reporting and postmortem investigation of deaths) Departmental and County Agency Immunity An official or employee of DHS or county agency who refers a report of suspected child abuse for general protective services to law enforcement authorities or provides services as authorized by the PA CPSL shall have immunity from civil and criminal liability that might otherwise result from the action. Presumption of Good Faith For the purpose of any civil or criminal proceeding, the good faith of a person required to report suspected child abuse and of any person required to make a referral to law enforcement officers under the PA CPSL shall be presumed.
a report of suspected child abuse or who cooperated in a sub- sequent investigation is prohibited. Law enforcement officials shall treat all reporting sources as confidential informants.
PENALTIES (23 PA.C.S. § 6319) Failure to Report or Refer
A person or official required by the PA CPSL to report a case of suspected child abuse or to make a referral to the appropri- ate authorities commits an offense if the person or official willfully fails to do so. An offense under this section is a felony of the third degree if: • The person or official willfully fails to report; • The child abuse constitutes a felony of the first degree or higher; and • The person or official has direct knowledge of the nature of the abuse. An offense not otherwise specified above is a misdemeanor of the second degree. A report of suspected child abuse to law enforcement or the appropriate county agency by a mandated reporter, made in lieu of a report to DHS, shall not constitute an offense under this subsection, provided that the report was made in a good faith effort to comply with the requirements of the PA CPSL. Multiple Offenses A person who, at the time of sentencing for an offense under this section, has been convicted of a prior offense under this section commits a felony of the third degree…except that, if the child abuse constitutes a felony of the first degree or higher, the penalty for the second or subsequent offenses is a felony of the second degree. Continuing Course of Action If a person’s willful failure to report an individual suspected of child abuse continues while the person knows or has reason- able cause to suspect a child is being subjected to child abuse by the same individual, or while the person knows or has reasonable cause to suspect that the same individual continues to have direct contact with children through the individual’s employment, program, activity, or service, the person commits a felony of the third degree…except that, if the child abuse constitutes a felony of the first degree or higher, the person commits a felony of the second degree [2]. Statute of Limitations The statute of limitations for an offense under this section shall be either the statute of limitations for the crime commit- ted against the minor child or five years, whichever is greater.
Protection from Employment Discrimination (23 Pa.C.S. § 6320) Basis for Relief
A person may commence an action for appropriate relief if all of the following apply: the person is required to report suspected child abuse under § 6311 (relating to persons required to report suspected child abuse) or encouraged to report suspected child abuse under § 6312 (relating to persons encouraged to report suspected child abuse); the person acted in good faith in mak- ing or causing the report of suspected child abuse to be made; and as a result of making the report of suspected child abuse, the person is discharged from employment or is discriminated against with respect to compensation, hire, tenure, terms, conditions, or privileges of employment. Applicability This section does not apply to an individual making a report of suspected child abuse who is found to be a perpetrator because of the report or to any individual who fails to make a report of suspected child abuse as required under § 6311 (relating to persons required to report suspected child abuse) and is subject to conviction under § 6319 (relating to penalties) for failure to report or to refer.
Release of Information in Confidential Reports (23 Pa.C.S. § 6340) Protecting Identity
Except for reports under § 6340(a)(9) and (10) of the PA CPSL and in response to a law enforcement official investigating alle- gations of false reports under 18 Pa.C.S. § 4906.1 (relating to false reports of child abuse), the release of data by DHS, county, institution, school, facility, or agency or designated agent of the person in charge that would identify the person who made
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