Child Abuse Identification and Reporting: The Pennsylvania Requirement _____________________________
BARRIERS TO REPORTING Studies have shown that many professionals who are mandated to report child abuse and neglect are concerned and/or anx- ious about reporting. Identified barriers to reporting include [29; 30; 31; 40]: • Professionals may not feel skilled in their knowledge base about child abuse and neglect. In addition, they lack the confidence to identify sexual abuse and serious mental injury. • Professionals may be frustrated with how little they can do about poverty, unemployment, drug use, and the intergenerational nature of abuse. • Although professionals understand their legal obliga- tion, they may still feel that they are violating patient confidentiality. • Many professionals are skeptical about the effectiveness of reporting child abuse cases given the bureaucracy of the child welfare system. • Practitioners may be concerned that they do not have adequate or sufficient evidence of child abuse. • Practitioners may have a belief that government entities do not have the right to get involved in matters within the family. • There may be some confusion and emotional distress in the reporting process. • Practitioners may fear that reporting will negatively impact the therapeutic relationship. • Some professionals have concerns that there might be negative repercussions against the child by the perpetra- tor. • Some simply underestimate the seriousness and risk of the situation and may make excuses for the parents. When interviewing children whose first language is not English, it is highly recommended that they be interviewed through the use of an interpreter. It can cause additional stress for children who struggle to find the right words in English, which can result in more feelings of fear, disempowerment, and voicelessness [41]. AFTER A REPORT OR REFERRAL IS MADE When a county agency or law enforcement receives a referral/ report, the county agency or law enforcement official is to notify DHS after ensuring the immediate safety of the child and any other child(ren) in the child’s home. When Child- Line receives a referral/report, ChildLine will immediately evaluate and transmit the information to the appropriate agency for assessment or investigation. Referral to County Agency (CPS) If the suspected child abuse is alleged to have been committed by a perpetrator, ChildLine will transmit the information to the county agency where the suspected child abuse is alleged to have occurred for investigation of the allegation(s).
Referral to County Agency and Law Enforcement Officials (LEO) If the suspected child abuse is alleged to have been committed by a perpetrator and the behavior constituting the suspected child abuse may include a violation of a criminal offense, ChildLine will transmit the information to the appropriate law enforcement official in the county where the suspected child abuse is alleged to have occurred for a joint investigation of the allegation(s). Referral to Law Enforcement Officials Only (LEO) If the person suspected of committing child abuse is not a perpetrator but the behavior constituting the suspected child abuse may include a violation of a criminal offense, ChildLine will transmit the information to the appropriate law enforce- ment official in the county where the suspected child abuse is alleged to have occurred for investigation of the allegation(s). Referral to County Agency (GPS) If the referral/report does not suggest the child is in need of protective services but suggests the child is in need of other services, ChildLine will transmit the information to the appro- priate county agency for assessment of the needs of the child.
Investigation of Reports (23 Pa.C.S. § 6368) Notice to Mandated Reporter
If a report was made by a mandated reporter, DHS shall notify the mandated reporter who made the report of suspected child abuse of all of the following within three business days of DHS’s receipt of the results of the investigation, includ- ing whether the child abuse report is founded, indicated, or unfounded; and any services provided, arranged for, or to be provided by the county agency to protect the child. CASE SCENARIOS In the following case scenarios, consider whether mandated reporters have reasonable cause to suspect a child is a victim of child abuse and are required to make a report of suspected child abuse. CASE 1 A young boy comes into the community health clinic for a physical exam. The boy’s mother hovers and does not seem to want to let her son answer any questions. During the exam, in the process of taking blood, the nurse notices some bruises and lacerations on the boy’s arm. Later, bruises in the shape of a belt are observed on the boy’s back as well. Upon questioning, the boy will only say that he was “bad.” Is there reasonable cause to suspect this child is a victim of child abuse? What, if any, indicators of child abuse exist in this case?
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MDPA2326
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