Pennsylvania Child Abuse Recognition and Reporting

Healthcare providers in Pennsylvania are mandated reporters of suspected child abuse; if a mandated reporter has reasonable cause to suspect a child was or is a victim of child abuse, the mandated reporter must immediately make a report of suspected child abuse in accordance with the Pennsylvania Child Protective Services Law (CPSL), 23 Pa.C.S. Chapter 63 (relating to child protective services). This not only requires an understanding of the categories and common indicators of child abuse but also the roles and responsibilities for reporting suspected child abuse. In the US, over 3 million children per year are abused or neglected. In Pennsylvania, over 40,000 are the subjects of reports, and approximately 1 in 1000 children are abused or neglected. The Pennsylvania child welfare system is state-supervised and county-administered. The 2 main functions of the county children-and-youth agencies are Child Protective Services (CPS) and General Protective Services (GPS). CPS are services and activities provided by the department and each county agency for child abuse cases. Cases identified as “CPS” require an investigation because the alleged act or failure to act meets the PA CPSL’s definition of child abuse. The PA CPSL’s definition of child abuse recognizes 10 separate categories of child abuse. GPS are services and activities each county agency provides for cases requiring protective services as defined by PA DHS in regulations. Cases identified as “GPS” require an assessment for services and supports. In these cases, the alleged act or failure to act does not meet the definition of child abuse but is still detrimental to a child. The primary purpose of GPS is to protect the rights and welfare of children so that they have an opportunity for healthy growth and development. 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 specific recent "per se" acts. Causing the death of the child through any act or failure to act. Engaging a child in a severe form of trafficking in persons or sex trafficking, as those terms are defined under section 103 of the Trafficking Victims Protection Act of 2000. 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 to the reasonable and lawful commands of their parent, guardian, or other custodian, who is ungovernable and found to need 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 court's jurisdiction, subject to its conditions or placements, and who commits an act 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. The 3 components of child abuse include the following: 1. A child: An individual under 18 years old. 2. Act(s) or failure(s) to act; Recent act; or Recent act or failure to act- 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: Any act committed within 2 years of the date of the report to the department or county agency- Recent act or failure to act: Any act or failure to act committed within 2 years of the date of the report to the department or county agency. 3. Intentionally, Knowingly, or Recklessly- Intentionally: Done with the direct purpose of causing the type of harm that resulted- Knowingly: Awareness that harm is practically certain to result- Recklessly: Conscious disregard of substantial and unjustifiable risk. Perpetrator: A person who has committed child abuse. The term includes only the following: Parent of the child. Spouse or former spouse of the child's parent. Person 14 years or older and responsible for the child's welfare or having direct contact with the child as an employee of a childcare service, school or school program, activity, or service. Individual 14 years or older who live in the same house as the child. Individual 18 years or older who does not live 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. Individual 18 years or older who engages a child in severe forms of trafficking in persons or sex trafficking as defined in section 103 of the Victims Protection Act of 2000.       Only the following may be considered a perpetrator for failing to act: 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 aged 18 years or older and responsible for the child's welfare. A person aged 18 years or older who resides in the same home as the child. The PA CPSL defines "child abuse" as intentionally, knowingly, or recklessly doing any of the following: 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 (This is also known as Munchausen By Proxy). Causing or substantially contributing to serious mental injury 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 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 under 1 year of age. Forcefully slapping or otherwise striking a child under 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 a methamphetamine laboratory) is occurring, provided 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 Subch. 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) . Causing the death of the child through any act or failure to act. Engaging a child in a severe form of trafficking in persons or sex trafficking, as those terms are defined under section 103 of the Trafficking Victims Protection Act of 2000: Impairment of physical condition or substantial pain : The law considers 2 parameters: impairment and 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: A psychological condition, as diagnosed by a physician or licensed psychologist, including the refusal of appropriate treatment, that: Renders a child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic, or in reasonable fear that the child’s life or safety is threatened or; Seriously interferes with a child’s ability to accomplish age-appropriate developmental and social tasks: Any of the following when committed by a perpetrator that endangers a child’s life or health, threatens a child’s well-being, causes bodily injury, or impairs a child’s health, development, or functioning: A repeated, prolonged, or egregious failure to supervise a child in a manner that is appropriate considering the child’s developmental age and abilities. The failure to provide a child with adequate essentials of life, including food, shelter, or medical care: Any of the following: The employment, use, persuasion, inducement, enticement, or coercion of a child to engage in or assist another individual to engage in sexually explicit conduct, which includes but is not limited to: Looking at sexual or other intimate parts of a child or another individual for the purpose of arousing or gratifying sexual desire in any individual. Participating in sexually explicit conversation either in person, by telephone, by computer, or by computer-aided device for the purpose of sexual stimulation or gratification of any individual. Actual or simulated sexual activity or nudity for the purpose of sexual stimulation or gratification of any individual. Actual or simulated sexual activity for the purpose of producing visual depiction, including photographing, videotaping, computer depicting or filming. *The above bullets do NOT include consensual activities between a child who is 14 years or older and another person 14 years or older and whose age is within 4 years of the child’s age. Any of the following offenses committed against a child: Rape as defined in 18 Pa.C.S. § 3121 (relating to rape). Statutory sexual assault as defined in 18 Pa.C.S. §3122.1 (relating to statutory sexual assault). Involuntary deviate sexual intercourse as defined in 18 Pa. C.S. §3123 (relating to involuntary deviate sexual intercourse). Sexual assault as defined in 18 Pa. C.S. §3124.1 (relating to sexual assault). Institutional sexual assault as defined in 18 Pa. C.S. §3124.2 (relating to institutional sexual assault). Aggravated indecent assault as defined in 18 Pa. C.S. § 3125 (relating to aggravated indecent assault. Indecent assault as defined in 18 Pa.C.S. § 3126 (relating to indecent assault). Indecent exposure as defined in 18 Pa.C.S. § 3127 (relating to indecent exposure). Incest as defined in 18 Pa.C.S. § 4302 (relating to incest). Prostitution as defined in 18 Pa.C.S. § 5902 (relating to prostitution and related offenses). Sexual abuse as defined in 18 Pa.C.S. § 6312 (relating to sexual abuse of children). Unlawful contact with a minor as defined in 18 Pa.C.S. § 6318 (relating to unlawful contact with a minor). Sexual exploitation as defined in 18 Pa.C.S. § 6320 (relating to sexual exploitation of children). The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for subjection to involuntary servitude, peonage, debt bondage, or slavery: Peonage: Paying off debt through work. Debt bondage: Debt slavery, bonded labor, or services for a debt or other obligation. Slavery: A condition compared to that of a slave with respect to exhausting labor or restricted freedom. 2. Sex trafficking in which a commercial sex act induced by force, fraud, or coercion or in which the individual induced to perform such act has not attained 18 years of age: Sex trafficking: The recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act. Commercial sex act: Any sex act on account of which anything of value is given to or received by any person. Labor trafficking is labor obtained through threat of serious harm, physical restraint, or abuse of legal process. Examples: Being forced to work for little or no pay (frequently in factories or farms). Domestic Servitude – providing services within a household from 10-16 hours per day (frequently in child care, cooking, cleaning, yard work, gardening, etc.).