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PENNSYLVANIA Massage Therapy Education
Elite Learning
THIS BOOK INCLUDES MANDATORY COURSES: Child Abuse Recognition and Reporting in Pennsylvania, 2nd edition (Renewal Licensure)
8-Hour Continuing Education Package $55.00 ELITELEARNING.COM/BOOK Complete this book online with book code: MPA0827
Ethics for Therapeutic Massage and Bodywork
CHILD ABUSE RECOGNITION AND REPORTING IN PENNSYLVANIA, 2ND EDITION (RENEWAL LICENSURE)
1
MANDATORY
2 CE HOURS
$37.00
Course Code: MPA02RR
THIS COURSE MEETS YOUR CHILD ABUSE RECOGNITION AND REPORTING REQUIREMENT Child abuse and neglect remains a significant problem for us all in the U.S. as well as in Pennsylvania. Approximately 3.5 million children in the U.S. were the subjects of at least one child abuse or neglect report (United States Department of Health and Human Services [HHS], 2019). In Pennsylvania alone, there were 46,208 reports of suspected child and student abuse in 2017 (HHS, 2019). This course provides the details of the identification, assessment, and reporting of child abuse and reviews Pennsylvania state laws regarding child abuse and neglect. ETHICS FOR THERAPEUTIC MASSAGE AND BODYWORK 28 MANDATORY 4 CE HOURS $72.00 Course Code: MPA04TM THIS COURSE MEETS YOUR ETHICS REQUIREMENT This course emphasizes the principles and standards of ethical practice for massage therapy and bodywork, and ethical issues that impact the professional in daily practice. The course includes steps to identify potential ethical conflicts, and strategies for ethical decision-making to avoid and resolve ethical issues before they become problematic. The components of informed consent, documentation and records maintenance, establishing boundaries, and collaboration with supervisors and colleagues for integrated healthcare, are detailed based on ethical standards of best practice.
UNDERSTANDING PLANTAR FASCIITIS: A MULTIDISCIPLINARY APPROACH
79
ELECTIVE Course Code: MPA02PF The purpose of this course is to identify what plantar fasciitis is and what methods we can use to treat it in our clients. We will examine the anatomy of the plantar fascia, its role in the movement of the foot and ankle, and what happens when it becomes inflamed. We will also examine techniques that can be used to treat it when our clients present with either an acute or chronic plantar fasciitis, as well as some self-care tools they can use at home. 2 CE HOURS $37.00
FINAL EXAMINATION ANSWER SHEET
93
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MASSAGE CONTINUING EDUCATION
Book code: MPA0827
HOW TO COMPLETE THIS BOOK FOR CREDIT Online Fastest and Easiest!
• Go to EliteLearning.com/Book , enter code MPA0827 , and select GO . • If you are completing only specific courses from this book, enter the code associated with the course you wish to take. • Sign in to your existing account or create a new one. Complete the exam, and proceed through checkout. • After purchase, complete the evaluation and download your completion certificate. BY MAIL Complete the answer sheet and evaluation found in the back of this book. Include your payment information and email address, and mail to: Elite Learning, 4021 Laclede Ave., P.O. Box 8248, St. Louis, MO 63156 Mailed completions will be processed within 2 business days of receipt, and certificates emailed to the address provided. Submissions without a valid email address will be mailed to the postal address provided. Enter book code If you need help finding your code, Browse Book Code FAQs GO Example: ANCCFL2425 MPA0827
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FREQUENTLY ASKED QUESTIONS What are the requirements for license renewal? Licenses Expire Contact Hours
Mandatory Subjects
24 hours 8 hours allowed through home study
4 hours of Professional Ethics 2 hours of Child Abuse Recognition and Reporting
Licenses expire on January 31 of each odd-numbered year
16 hours must be completed in a live classroom setting (Webinars do not count towards live classroom credit)
How do I complete this course and receive my certificate of completion? See the above information for step-by-step instructions on how to complete and receive your certificate. Are you a Pennsylvania board-approved provider? Colibri Healthcare, LLC is approved by the National Certification Board for Therapeutic Massage and Bodywork (Provider #450215- 06). The Child Abuse Recognition and Reporting in Pennsylvania, 2nd edition (Renewal Licensure) course is approved by the Pennsylvania Department of State - Child Abuse Recognition and Reporting Training (Provider # CACE000025). Are my hours reported to the Pennsylvania board? We will only report your 2-hour Child Abuse Recognition and Reporting in Pennsylvania, 2nd edition course to the Pennsylvania Department of State within two business days. The Pennsylvania State Board of Massage Therapy will perform a random audit on the remaining hours at which time proof of your continuing education must be provided. Is my information secure? Yes! We use SSL encryption, and we never share your information with third-parties. We are also rated A+ by the National Better Business Bureau. No problem, we have several options for you to choose from! Online at EliteLearning.com/Massage-Therapy you will see our robust FAQ section that answers many of your questions. Simply click FAQs at the top of the page, email us at office@elitelearning.com, or call us toll-free at 855-769-9889, Monday - Friday 9:00 am - 6:00 pm and Saturday 10:00 am - 4:00 pm EST. What if I still have questions? What are your business hours?
Important information for licensees: Always check your state’s board website to determine the number of hours required for renewal, mandatory topics (as these are subject to change), and the amount that may be completed through home study. Also, make sure that you notify the board of any changes of address. It is important that your most current address is on file. Disclosures Resolution of conflict of interest Colibri Healthcare, LLC implemented mechanisms prior to the planning and implementation of the continuing education activity, to identify and resolve conflicts of interest for all individuals in a position to control content of the course activity. Sponsorship/commercial support and non-endorsement It is the policy of Colibri Healthcare, LLC not to accept commercial support. Furthermore, commercial interests are prohibited from distributing or providing access to this activity to learners. Licensing board contact information State Board of Massage Therapy | Pennsylvania Department of State P.O. Box 2649, Harrisburg, PA 17105-2649 Physical address: 2525 N 7th St, Harrisburg, PA 17110 Phone: (717) 783-7155 | Fax: (717) 787-7769 Website: https://www.pa.gov/en/agencies/dos/department-and- offices/bpoa/boards-commissions/massage-therapy.html
©2026: All Rights Reserved. Materials may not be reproduced without the expressed written permission or consent of Colibri Healthcare, LLC. The materials presented in this course are meant to provide the consumer with general information on the topics covered. The information provided was prepared by professionals with practical knowledge in the areas covered. It is not meant to provide medical, legal or professional services advice. Colibri Healthcare, LLC recommends that you consult a medical, legal or professional services expert licensed in your state. Colibri Healthcare, LLC has made all reasonable efforts to ensure that all content provided in this course is accurate and up to date at the time of printing, but does not represent or warrant that it will apply to your situation or circumstances and assumes no liability from reliance on these materials.
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Book code: MPA0827
MASSAGE CONTINUING EDUCATION
Chapter 1: Child Abuse Recognition and Reporting in Pennsylvania, 2nd Edition (Renewal Licensure) (Mandatory) 2 CE Hours
Colibri Healthcare, LLC is an approved Child Abuse Recognition and Reporting Continuing Education Provider (Pennsylvania Department of State – Child Abuse Recognition and Reporting Training Provider # CACE000025). Course overview
Child abuse and neglect remains a significant problem for us all in the U.S. as well as in Pennsylvania. Approximately 3.5 million children in the U.S. were the subjects of at least one child abuse or neglect report (United States Department of Health and Human Services [HHS], 2019). In Pennsylvania Learning objectives After completing this course, the learner will be able to: Evaluate possible clinical, behavioral, and physical indicators of suspected child abuse and neglect to determine whether there is reasonable cause to suspect child abuse or neglect.
alone, there were 46,208 reports of suspected child and student abuse in 2017 (HHS, 2019). This course provides the details of the identification, assessment, and reporting of child abuse and reviews Pennsylvania state laws regarding child abuse and neglect.
Explain criteria of mandated reporters in accordance with Pennsylvania law. Apply the requirements and protocol for reporting child abuse or neglect in Pennsylvania. Describe the scope of human trafficking and identify human trafficking victims at risk.
INTRODUCTION
Child abuse and neglect is a public health concern around the world, with well-established impacts and costs to children, families, and society. While mandated reporters make most reports, child abuse is still underreported, and many mandated reporters fail to report known and suspected cases (Baker et al., 2021). Health and behavioral impacts are substantial and well established for physical abuse, sexual abuse, emotional abuse, neglect, and exposure to domestic violence (Baker et al., 2021). Many children experience multiple forms of maltreatment, which produces more severe outcomes. Chronic stress causes subsequent effects on health and functioning, and evidence also indicates effects on brain development (Baker et al., 2021).
Child abuse and neglect is defined as “an act or failure to act by a parent, caregiver, or other person defined by state law that results in physical abuse, neglect, medical neglect, sexual abuse, emotional abuse, or presents an imminent risk of harm to a child” (National Academy of Sciences, 2018). Child abuse and neglect are a significant problem in the U.S. as well as in Pennsylvania. Approximately 3.5 million children in the U.S. were the subjects of at least one child abuse or neglect report in 2017 (HHS, 2021). In Pennsylvania alone, there were approximately 42,000 reports of suspected child abuse or neglect in that same year (HHS, 2021). These children need to be protected by everyone to prevent them from experiencing the trauma and outcomes associated with child abuse and neglect. Therefore, a discussion of definitions, protocols, and penalties is important in understanding when and how to report a single act, or a continuing act, of child abuse and/or neglect.
Case study Mary is a thin, multiracial second grader at your elementary school who has limited mastery of the English language. Her teacher, Mrs. Anderson, is in your office to discuss the concerns she has with regard to Mary’s peer relationships. Mrs. Anderson reports that Mary was retained in the first grade, and her scores indicate that she is in danger of failing again. Her father will not allow her or her brother to participate in the after-school tutoring program on the school campus. Mrs. Anderson has made several attempts to get the parents in for a conference. Her mother is out of town again working, according to Mary. Her father, a former military officer, told Mrs. Anderson at parent pick-up two weeks ago that he would be in the following Monday. He has not shown up, nor has he returned any of her calls. When Mary’s mom is in town, she does return Mrs. Anderson’s messages and shows concern for Mary’s academic progress. It has been observed that Mary tends to seek the approval of all adults and does not play with any of the girls in her class. Students have asked Mrs. Anderson why Mary never eats. From time to time, Mary will interact with the male students, but only if it involves some sort of physical challenge. The last time Mary challenged one of the boys to a race, she fell and hurt her arm and legs. After going to the nurse, it was found that she had old bruises on the knuckles of both hands as well as her legs. When asked how she got them, Mary replied, “My Dad, he has me boxing ’cause I gotta get tough and shape up.” According to her, her dad says her weight is getting out of control and that’s why she doesn’t eat lunch some days. When questioned about the old bruises on her legs, Mary said she fell. Mary asked if she could go back to class and asked that the nurse not call her dad.
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OVERVIEW OF CHILD WELFARE IN PENNSYLVANIA
● The community, the network of stakeholders, and children, youth, and families : Engage with the agency in fulfilling its mission by ensuring effective and consistent practice; articulating the need for funding; and clarifying the purpose and scope of the child welfare system; and communicating the values, principles and skills the child welfare system should possess as well as the outcomes the child welfare system hopes to achieve. Improved outcomes are necessary, as noted in the Pennsylvania Department of Public Welfare Annual Child Abuse Report 2021. In 2021, the number of child abuse reports in Pennsylvania was 38,013, of which 5,438 reports were substantiated (suspected reports of abuse that are verified; Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). Substantiated reports of child abuse increased from 1.7 per 1,000 children in 2020 to 1.9 per 1,000 children in 2021 (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). So for every 1,000 children in the state of Pennsylvania, close to 2 are abused or neglected. Furthermore, Pennsylvania's substantiation rate increased in rural counties from 2.5 to 2.7, and urban counties remained the same at 1.5 (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). More specifically, in Pennsylvania, there were a total of 5,438 child abuse victims: 2,171 from sexual abuse; 1,418 from physical abuse; 720 from reasonable likelihood of bodily injury; 692 from serious physical neglect; 229 from engaging in per se acts; 84 from likely sexual abuse/ exploitation; 60 from severe forms of trafficking; 59 from severe mental injury and 5 from medical abuse (Pennsylvania Department of Public Welfare Annual Child Abuse Report, 2021). In Pennsylvania’s 67 counties, sexual abuse was the leading category followed by physical abuse (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). Self-Assessment Quiz Question #1 According to the Pennsylvania Department of Human Services Annual Child Abuse Report, 2021, which is the most common form of child abuse and neglect in Pennsylvania?
To help families achieve positive outcomes, child welfare systems throughout the country, including in Pennsylvania, have strengthened their approaches to practice. Practice models guide the work of those involved with the child welfare system, enabling them to work together to improve outcomes for children, youth, and families. A significant achievement throughout the past eight years has been the development and implementation of the Pennsylvania's Child Welfare Practice Model (University of Pittsburgh, n.d.). This model outlines that children, youth, families, child welfare representatives and other child and family service partners need to work together as team members with the shared community responsibility to achieve positive outcomes. These outcomes can be achieved by consistently modeling the values and principles at every level and across all partnerships and by demonstrating the specific and essential skills to be utilized across all aspects of the child welfare system (University of Pittsburgh, n.d.). This practice model consists of the following core elements: Outcomes, the areas that need to change to achieve improved outcomes; values and principles, the value base that provides guidance about how those in the field of child welfare are to work together; and skills, operationalized standards that provide direction while allowing flexibility in how to best meet the unique needs of each child, youth, and family. The National Child Welfare Resource Center for Organizational Improvement’s 2012 guidelines indicate that a clearly articulated practice model helps: ● Child welfare executives, administrators, and managers : Identify the outcomes they hope to achieve; develop a vision and consistent rationale for organizational and policy decisions; decide how to use agency resources; define staff performance expectations; develop an array of services; create a qualitative review case review system; collaborate with families and youth; and work across systems. ● Supervisors : Fulfill their role as keepers of the agency’s culture with responsibility for training, guiding, and supporting frontline staff; monitoring and assessing staff performance and child/family outcomes; modeling the agency’s values and approach to working with families; and observing and advocating for needed change. ● Child welfare workers : Have a consistent basis for decision making; clear expectations and values for their approach to working with families, children, and youth; a focus on desired outcomes; guidance in working with service providers and other child welfare serving systems; and a way to evaluate their own performance.
a. Sexual abuse. b. Physical abuse. c. Neglect. d. Emotional abuse.
HISTORY OF CHILD PROTECTION LEGISLATION
To enable identification of serious cases and facilitate protective and health responses, many jurisdictions have enacted mandatory reporting laws. Situated in child protection legislation, these legal duties are a form of public health response, requiring adults who deal with children in their professional capacity to essentially serve as sentinels to protect children by reporting known and suspected cases to child protection agencies. These professionals are well placed to detect signs of harm from maltreatment and to receive disclosures from children. State laws in the U.S. generally apply the duty to report physical abuse, sexual abuse, emotional abuse and neglect to a wide range of professional groups (Baker et al., 2021). The laws’ details differ across jurisdictions but follow a similar schematic approach, designating which occupations are mandated and stating which types and the extent of maltreatment that shall
be reported, and to whom (Mathews & Kenny, 2008). The laws confer protections on these reporters, keeping their identity confidential and providing immunity from liability in any civil, criminal, or administrative proceeding related to the report (as long as the report is made in good faith). Jurisdictions often have other systemic approaches to deal with less severe cases, especially where these involve cases of family or children who need services. The function of mandated reporting laws is to use the skills of community-based professionals to identify cases of child maltreatment and bring them to the attention of help agencies. In this sense, they are an important form of secondary prevention in the public health model, rather than being a form of primary prevention (Mathews, 2019). Mandated reporters play a substantial role in this
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respect, identifying three-quarters of substantiated cases of physical abuse and sexual abuse, and two-thirds of cases substantiated psychological abuse and neglect. Even when The Child Protective Services Law (CPSL) In 1975, the Pennsylvania Child Protective Services Law (CPSL) was signed into law. It was enacted to encourage more complete reporting of suspected child abuse; to involve law enforcement agencies in responding to child abuse; to establish in each county protective services for the purpose of investigating the reports swiftly and competently, providing protection for children from further abuse, and providing rehabilitative services for children and parents involved so as to ensure the child’s well-being; to allow the opportunity for healthy growth and development; and whenever possible, to preserve and stabilize the family or provide another alternative permanent family when the unity of the family cannot be maintained (Pennsylvania General Assembly, n.d.a). The CPSL ensures that each county establishes a protective services program to protect children locally (Pennsylvania General Assembly, n.d.a). Section 6302(b) of the CPSL states its purpose as follows:
reports do not lead to substantiation, the subsequent investigation often results in referral to welfare agencies and service provision.
Establish in each county protective services for the purpose of investigating the reports swiftly and competently, providing protection for children from further abuse and providing rehabilitative services for children and parents involved so as to ensure the child's well-being and to preserve, stabilize and protect the integrity of family life wherever appropriate or to provide another alternative permanent family when the unity of the family cannot be maintained. (Pennsylvania General Assembly, n.d.a). In summary, county agencies are charged with the responsibility of investigating suspected reports of child abuse (Pennsylvania General Assembly, n.d.a). Each county agency submits an annual plan of how it will implement the law and submits a yearly report on child abuse statistics and analysis within its respective county (Pennsylvania General Assembly, n.d.a). ● Child is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his physical, mental, or emotional health, or morals. ● Has been placed for care or adoption in violation of law. ● Has been abandoned by his 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 his parent, guardian or other custodian and who is ungovernable and found to be in need of care, treatment or supervision. ● Is under 10 years of age and has committed a delinquent act. ● Has been formerly adjudicated dependent under section 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 which is defined as ungovernable in subparagraph (vi). ● Has been referred under section 6323 of the Juvenile Act (relating to informal adjustment), and who commits an act that is defined as ungovernable. GPS functions to offer services to children and their families when a report does not rise to the level of suspected child abuse but alleges a need for intervention to prevent serious harm to the child (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). These types of services are provided for case reports of nonserious injury or neglect such as insufficient shelter, school truancy, and abandonment, which may threaten a child’s health and well- being (PA Families Inc., 2014). GPS can also be provided to families when the health and welfare of the child is at risk because the family’s religious beliefs lead them to deny medical care to their child (PA Families Inc., 2014). GPS also includes services to families that do not meet the criteria for legal adjudication, that is, the act of making a judicial ruling such as a judgment or decree (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). At times, assessments may conclude that although
Child Protective Services versus General Protective Services It is important for mandated reporters to differentiate between child protective services and general protective services. Pennsylvania law requires agencies to provide both services to youth and children in each county. Child Protective Services (CPS) Section 6303(a) of the CPSL defines child protective services as “those services and activities provided by the department and each county agency for child abuse cases” (Pennsylvania General Assembly, n.d.a)
CPS has the responsibility of receiving and investigating alleged reports of child abuse or neglect (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). CPS then determines if the reported information meets the statutory and agency guidelines for child maltreatment and judges the urgency with which the agency must respond to the report (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). It conducts safety assessments, develops a safety plan for the child, and intervenes when necessary to protect children from harm (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). CPS also provides or arranges services to achieve a secure home environment for the child, whether that is reunification with the family or some alternative home in order to provide the child with the care and safety that every child deserves (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). Its mission is to achieve safety, well-being, and permanency for the abused or neglected child. General Protective Services (GPS) General protective services are defined in section 6303 of the CPSL as “those services and activities provided by each county agency for cases requiring protective services, as defined by the department in regulations” (Pennsylvania General Assembly, n.d.a). GPS protects children under non-abuse circumstances that, nevertheless, may interfere with a child’s growth and development. GPS is vital in order to provide services to prevent abuse or neglect to children, provide or arrange for, and monitor the provision of those services necessary to safeguard and ensure the child’s well-being and development; and preserve and stabilize family life wherever appropriate. Examples of GPS cases include:
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court involvement may not be necessary, the family, child, or both may benefit from additional support services from GPS (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021).
Self-Assessment Quiz Question #2 What agency is responsible for receiving and investigating alleged reports of abuse? a. Child Protective Services Agency.
b. Protective Services Agency. c. Domestic Violence Agency. d. General Protections Agency. RECENT CHANGES TO THE PENNSYLVANIA CHILD PROTECTIVE SERVICES LAW
● When a mandated reporter encounters a child in the course of their job or service to children and witnesses or hears something that could be child abuse. ● When a person makes a specific disclosure to a mandated reporter that an identifiable child is the victim of abuse. ● When an individual 14 years of age or older makes a specific disclosure to a mandated reporter that an identifiable child is the victim of abuse. To coincide with the 2019 lowering of the bar for mandated reporting, the penalties increased dramatically. Now the failure to report a “suspected act of child abuse” has been elevated from a first-degree misdemeanor to a third-degree felony or higher if the actual offense constitutes a felony of the first or second degree and if the same individual continues to have direct contact with children through their employment. The following sections do not include all legislative bills but rather highlight some of the recent changes in legislation impacting mandated reporters and the process of recognizing and reporting suspected child abuse. their license or certificate on or after January 1, 2015, are required to complete at least two hours of continuing education per licensure cycle (Keep Kids Safe, n.d.a). This training must be approved by the appropriate licensing board in consultation with the HHS. The state- approved provider is required to report these hours to the Pennsylvania Department of State electronically (Keep Kids Safe, n.d.a). This law took effect December 31, 2014. maltreatment can confront a mandated reporter and pose a variety of cognitive, affective, and operational dilemmas and challenges. Importantly, the system of mandatory reporting has coexisting aims: First, to ensure reports are made when they should be, to the greatest possible extent (and hence to avoid failure to report), and second, to ensure reports are not made when they should not be (avoiding clearly unnecessary reporting; Baker et al., 2021).
Twenty-five pieces of legislation were signed into law in Pennsylvania in 2013 and 2019 that changed how the state responds to child abuse and neglect. These changes amended the definitions of child abuse and perpetrator, defined grounds for involuntary termination of parental rights, significantly expanded the list of mandated reporters, and streamlined the mandatory reporting processes. In 2018, four legislative updates were passed that further expanded the definition of child abuse, allowed for temporary guardianship while a parent is in rehabilitation treatment, and redefined who is included in the sexual offender registry. The most recent changes to the Commonwealth of Pennsylvania child abuse laws took place in 2019 and spoke to the “when” related to mandatory reporting. Specifically, one’s obligation to report requires that a teacher or other mandated reporter need only have “ reasonable cause to suspect a child is being subjected to abuse .” It does not have to be confirmed, but merely suspected. Some examples include: Child abuse education and training The CPSL requires licensed professionals identified as mandated reporters to receive training on recognizing and reporting child abuse (Keep Kids Safe, n.d.a). Professionals applying for a license or certificate with their professional licensing board on or after January 1, 2015, are required to complete at least three hours of approved child abuse recognition and reporting training (Keep Kids Safe, n.d.a). This training must be approved by the Department of Human Services. Professionals applying for renewal of Mandated reporters The CPSL expanded the list of mandated reporters of suspected child abuse. An individual identified as a mandated reporter commits an offense if they fail to report suspected child abuse or neglect immediately (Keep Kids Safe, n.d.a). (The list of these mandatory reporters will be discussed later in this course.) To be able to discharge their duty, mandated reporters deserve and require optimal education and training. Different types of cases of Whistleblower protection The CPSL provides persons required to report suspected child abuse protection from employment discrimination. Governor Corbett signed this act into law April 15, 2014
(Keep Kids Safe, n.d.a). This law took effect December 31, 2014.
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 or encouraged to report suspected child abuse. ● The person acted in good faith in making or causing the report of suspected child abuse to be made.
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 and is subject to conviction for failure to report or to refer.
● 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,
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Act 10 of 2018 Act 10 of 2018 states that Pennsylvania’s sexual offender registration applies only to individuals who have committed a sexually violent offense on or after December 20, 2012 (Pennsylvania Department of Human Services Annual Child Abuse Report, 2018). Act 29 of 2018 Act 29 of 2018 expanded Pennsylvania's definition of child abuse to include when a person leaves a child unsupervised with an individual, other than the parent, whom they know to be a sexually violent predator (Pennsylvania Department of Human Services Annual Child Abuse Report, 2018). Act 52 of 2018 Act 52 of 2018 requires a healthcare provider to immediately report or cause a report to be made to the appropriate county agency if the provider is involved in the delivery or care of a child under one year of age who is born and identified as being affected by any of the following (Pennsylvania Department of Human Services Annual Child Abuse Report, 2018): ● Illegal substance abuse by the child's mother. ● Withdrawal symptoms resulting from prenatal drug exposure. ● A fetal alcohol spectrum disorder. ● Act 54 of 2018 Act 54 of 2018 requires the following: All schools to display a child abuse informational poster on premises; GPS reports to be maintained in the statewide database for 10 years or until the child reaches 23 years of age; and any employee that supervises a child during an internship, coop, or work study is considered a volunteer and should have clearance (Pennsylvania Department of Human Services Annual Child Abuse Report, 2018). Information concerning protective services reports shall be maintained by a county agency as follows: (1) County agency records of protective services shall be used and maintained in a manner that is consistent with the use and maintenance of information in the Statewide database, as provided under this chapter, except as otherwise provided in paragraph (2). If required under this chapter to amend or expunge information in the Statewide database, the department shall notify the appropriate county agency of the amendment or expungement within ten days. The county agency shall amend or expunge its records in a commensurate manner within ten days of receiving notification from the department. Notification not to constitute child abuse report. The notification by a health care provider to the department and any transmittal to the county agency by the department shall not constitute a child abuse report. (2) A county agency may maintain information regarding protective services reports that have been expunged in the A health care provider shall immediately give notice or cause notice to be given to DHS if the provider is involved in the delivery or care of a child under one year of age and the health care provider has determined, based on standards of professional practice, the child was born affected by: ● Substance use or withdrawal symptoms resulting from prenatal drug exposure; ● Or a Fetal Alcohol Spectrum Disorder.
Statewide database for access by the county agency to assist in future risk and safety assessments and research. Development of interagency protocols and plan of safe care. The department, in collaboration with the Department of Health and the Department of Drug and Alcohol Programs, shall develop written protocols that include, but are not limited to: 1. Definitions and evidence-based screening tools, based on standards of professional practice, to be utilized by health care providers to identify a child born affected by substance use or withdrawal symptoms resulting from prenatal drug exposure or a fetal alcohol spectrum disorder. 2. Notification to the department that a child born affected by substance use or withdrawal symptoms resulting from prenatal drug exposure or a fetal alcohol spectrum disorder has been born and identified. Ongoing involvement of the county agency after taking into consideration the individual needs of the child and the child's parents and immediate caregivers may not be required. 3. Collection of data to meet Federal and State reporting requirements. 4. Identification, informed by an assessment of the needs of the child and the child's parents and immediate caregivers, of the most appropriate lead agency responsible for developing, implementing and monitoring a plan of safe care, informed by a multidisciplinary team meeting that is held prior to the child's discharge from the health care facility, which may include: i. public health agencies; ii. maternal and child health agencies; iii. home visitation programs; iv. substance use disorder prevention and treatment providers; v. mental health providers; vi. public and private children and youth agencies; vii. early intervention and developmental services; viii. courts; ix. local education agencies; x. managed care organizations and private insurers; and xi. hospitals and medical providers. 5. Engagement of the child's parents and immediate caregivers in order to identify the need for access to treatment for any substance use disorder or Notification to DHS can be made to ChildLine, electronically through the Child Welfare Portal or by calling 1-800-932- 0313. This notification is for the purpose of assessing a child and the child’s family for a Plan of Safe Care and shall not constitute a child abuse report. A health care provider is defined as a licensed hospital or health care facility or person who is licensed, certified, or otherwise regulated to provide health care services under the laws of Pennsylvania, including a physician, podiatrist, optometrist, psychologist, physical therapist, certified nurse practitioner, registered nurse, nurse midwife, physician’s assistant, chiropractor, dentist, pharmacist, or an individual accredited or certified to provide behavioral health services.
other physical or behavioral health condition that may impact the safety, early childhood development and well-being of the child. Mandatory notification of substance exposed infants by health care providers and plan of safe care
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After notification of a child born affected by substance use or withdrawal symptoms resulting from prenatal drug exposure or a fetal alcohol spectrum disorder: ● A multidisciplinary team meeting must be held prior to the child's discharge from the health care facility. ● The meeting will inform an assessment of the needs of the child and the child’s parents and immediate caregivers to determine the most appropriate lead agency for developing, implementing, and monitoring a Plan of Safe Care. ● The child's parents and immediate caregivers must be engaged to identify the need for access to treatment for any substance use disorder or other physical or behavioral health condition that may impact the safety, early childhood development, and well-being of the child. ● Depending upon the needs of the child and parent(s)/ caregiver(s), ongoing involvement of the county agency may not be required. Multidisciplinary team For the purpose of informing the Plan of Safe Care, may include public health agencies, maternal and child health agencies, home visitation programs, substance use
disorder prevention and treatment providers, mental health providers, public and private children and youth agencies, early intervention and developmental services, courts, local education agencies, managed care organizations and private insurers, and hospitals and medical providers. Act 88 of 2018 Act 88 of 2018 allows the court to appoint a family member temporary guardianship in 90-day increments up to one year when the child’s parent enters a rehabilitation facility for drug or alcohol treatment (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). Act 47 of 2019 Act 47 of 2019 allows for a correctional facility employee to serve as a witness when incarcerated parents of an adoptee are completing an adoption consent form (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). Act 88 of 2019 Act 88 of 2019 amends Title 23 (Domestic Relations) to clarify and increase penalties for failure to report child abuse (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). Child abuse Pennsylvania implemented a new Child Welfare Information Solution (CWIS) on December 27, 2014. Definitions outlined reflect the amended statute that took effect December 31, 2014. Pennsylvania CPS defines 10 separate categories of child abuse as intentionally, knowingly, or recklessly committing any of the following (HHS, 2021): 1. Causing bodily injury to a child through any recent act (abuse within the last two years) or failure to act (doing nothing to prevent the abuse). 2. 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. 3. 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. Example: Berating a child verbally in public places in front of others. 4. Causing sexual abuse or exploitation of a child through any act or failure to act. Example: Allowing a predator to sexually abuse a child. 5. Creating a reasonable likelihood of bodily injury to a child through any recent act or failure to act. Example: A parent leaves their small child in the car with the windows up on a hot day while in the grocery store for an hour. 6. Creating a likelihood of sexual abuse or exploitation of a child through any recent act or failure to act. Example: Leaving a child alone in the presence of a registered sexual predator. 7. Causing serious physical neglect of a child. Example: Not providing food or water to a child. 8. 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 the duration of the restraint or confinement. Example: Keeping a child locked in a closet or isolated room as punishment for misbehaving. ○ Forcefully shaking a child under one year of age.
DEFINITIONS RELATED TO THE CHILD PROTECTIVE SERVICES LAW
General rule—The following words and phrases, when used in the PA CPSL, shall have the meanings given to them in this section unless the context clearly indicates otherwise: Adult An individual 18 years of age or older. Basis to report 1. A mandated reporter enumerated in subsection (a) shall make a report of suspected child abuse in accordance with section 6313 (relating to reporting procedure), if the mandated reporter has reasonable cause to suspect that a child is a victim of child abuse under any of the following circumstances: i. The mandated reporter comes into contact with the child in the course of employment, occupation and practice of a profession or through a regularly scheduled program, activity or service. ii. The mandated reporter is directly responsible for the care, supervision, guidance or training of the child, or is affiliated with an agency, institution, organization, school, regularly established church or religious organization or other entity that is directly responsible for the care, supervision, guidance or training of the child. iii. A person makes a specific disclosure to the mandated reporter that an identifiable child is the victim of child abuse. iv. An individual 14 years of age or older makes a specific disclosure to the mandated reporter that the individual has committed child abuse. Bodily injury Impairment of physical condition or substantial pain. ● Impairment: If, due to the injury, the child’s ability to function is reduced temporarily or permanently in any way. ● Substantial pain: If the child experiences what a reasonable person believes to be substantial pain. Child A child is defined as an individual under the age of 18 (Pennsylvania General Assembly, n.d.a).
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Book Code: MPA0827
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○ Forcefully slapping or otherwise striking a child under one 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 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: ▪ Is required to register as a Tier II or Tier III sexual offender under 42 Pa.C.S. Ch. 97 Subchapter H (relating to registration of sexual offenders) where the victim of the sexual offense was under 18 years of age when the crime was committed. ▪ 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). ▪ Has been determined to be a sexually violent predator under 42 Pa.C.S. § 9799.58 (relating to assessments) or has to register for life under 42 Pa.C.S. § 9799.55(b) (relating to registration). 9. Causing the death of the child through any act or failure to act. 10. Engaging the child in a severe form of trafficking in persons or sex trafficking as those terms defined under section 103 of the Trafficking Protection Act of 2000 (114 Stat. 1466, 22 U.S.C. § 7102). Direct contact with children The care, supervision, guidance or control of children or routine interaction with children. Direct volunteer contact The care, supervision, guidance or control of children and routine interaction with children. Healthcare provider A licensed hospital or healthcare facility or person who is licensed, certified, or otherwise regulated to provide healthcare services under the laws of this Commonwealth, including a physician, podiatrist, optometrist, psychologist, physical therapist, certified nurse practitioner, registered nurse, nurse midwife, physician’s assistant, chiropractor, dentist, pharmacist, or an individual accredited or certified to provide behavioral health services. Perpetrator Perpetrator is defined in section 6303 of the CPSL as a person who has committed child abuse (HHS, 2021). The following shall apply (HHS, 2021): ● A parent of the child. ● A spouse or former spouse of the child’s parent. ● A paramour or former paramour of the child’s parent. ● A person 14 years of age or older and responsible for the child’s welfare or having direct contact with children as an employee of child-care services, a school or through a program, activity, or service. ● An individual 14 years of age or older who resides in the same home as the child. ● An individual 18 years of age or older who engages a child in human or sex trafficking as those terms are defined under section 103 of the Trafficking Victims Protections Act of 2000 (114 Stat. 1466, 22 U.S.C. § 7102). ● An individual 18 years of age or older who does not reside in the same home as the child but is related within the third degree of consanguinity or affinity by birth or
adoption to the child; following are relations within the third degree of consanguinity: ○ Child’s parents.
○ Child’s brothers/sisters. ○ Child’s nephews/nieces. ○ Child’s grandnephews/nieces. ○ Child’s grandparents. ○ Child’s aunts and uncles. ○ Child’s first cousins. ○ Child’s great-grandparents. ○ Child’s great-aunts and uncles. ○ Child’s great-great grandparents.
A modification to Title 23 of the Pennsylvania Consolidated Statute was instituted when the 2015 Act 15 was passed. This act modified the definition of a perpetrator to include the following (Pennsylvania General Assembly, n.d.b): ● A person of 14 years of age or older and responsible for the child’s welfare or having direct contact with children as an employee of child-care services, a school, or through a program, activity, or services. However, only the following may be considered a perpetrator for failing to act (HHS, 2021): ○ A parent of the child. ○ A spouse or former spouse of the child’s parent. ○ A paramour or former paramour of the child’s parent. ○ A person 18 years of age or older and responsible for the child’s welfare. ○ A person 18 years of age or older who resides in the same home as the child. This excludes a person 14 to 17 years old for failing to act. This expanded definition of perpetrator now includes school employees (HHS, 2021). The prior version of the CPSL captured them in a separate category. Nothing under the PA CPSL requires a person who has reasonable cause to suspect a child is a victim of child abuse to identify the person responsible for the child abuse in order to make a report of suspected child abuse. Human trafficking Human trafficking is defined as the recruitment, harboring, transportation, provision, or obtaining of a child for labor or services through use of force, fraud, or coercion (Keep Kids Safe, n.d.b). Under federal law, sex trafficking such as prostitution, pornography, and exotic dancing does not require there be force, fraud, or coercion if the victim is under age 18 (Keep Kids Safe, n.d.b). Person responsible A person responsible is defined as 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 (Pennsylvania General Assembly, n.d.a). The term includes any such person who has direct or regular contact with a child through any program, activity, or service sponsored by a school, for-profit organization, or religious or other not-for- profit organization (Pennsylvania General Assembly, n.d.a). Act Something that is done to harm or cause potential harm to a child. Failure to act Something that is NOT done to prevent harm or potential harm to a child. Recent act Recent is defined as an abusive act within two years from the date ChildLine is called (Pennsylvania General Assembly, n.d.a). Sexual abuse, serious mental injury, serious physical neglect, and deaths have no time limit (Pennsylvania General Assembly, n.d.a).
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Book Code: MPA0827
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