This FAQ provides a general overview of the child abuse reporting requirement under Pennsylvania's Child Protective Services Law (CPSL) and the Department of Public Welfare's implementing regulations. It is not an in-depth analysis and should not be viewed as legal advice. Laws can change and may be subject to differing interpretations. Physicians seeking legal advice should consult their personal attorney.
How does the law define child abuse?
Child abuse includes acts and omissions that cause:
- Serious physical injury to a child (non-accidental)
- Serious mental injury to a child (non-accidental)
- Sexual abuse or exploitation of a child
- Serious physical neglect of a child
It further includes acts and omissions that create an imminent risk of serious physical injury to a child or sexual abuse or exploitation of a child.
More specific information regarding the definition, including definitions of the terms used in the definition, can be found in section 6303 of the law and section 3490.4 of the regulations.
When must physicians report child abuse?
Persons, including physicians, who come in contact with children in the course of their employment, occupation, or profession must report when they have reasonable cause to suspect, on the basis of medical professional or other training or experience, that a child—who is under their care, supervision, guidance, or training or who is under the care, supervision, guidance, or training of an agency, institution, organization, or other entity with which they are affiliated—is the victim of child abuse.
Is the mandatory reporting requirement limited to child abuse by persons with a certain relationship with the child, such as the child's parent?
No. The mandatory reporting requirement applies to child abuse inflicted by any person, regardless of the person's relationship to the child. On this issue, it is important to read the definition of child abuse in section 6303 in conjunction with the mandatory reporting requirement in section 6311.
Section 6303 of the CPSL defines "child abuse" by reference to the conduct of a "perpetrator" and defines the latter term as including only the child's parent, another person responsible for the welfare of the child, a person who lives in the same household of the child, or a paramour of the child's parent.
However, effective May 29, 2007, the mandatory reporting requirement in section 6311 of the CPSL was expanded to explicitly include "child abuse by an individual who is not a perpetrator."
What steps are required for a mandatory child abuse report?
Child abuse reports must be made by phone and followed up in writing as follows:
- Childline - The phone report must be made immediately to the Childline Abuse Registry at (800) 932-0313. This line is staffed 24 hours a day, seven days a week.
- Written report - The written report must be submitted within 48 hours of the phone report on the prescribed DPW form to the child protective service agency of the county where the abuse occurred. A duplicate must be provided to the county coroner when there is reasonable cause to suspect that a child died as a result of child abuse.
May employed physicians rely on someone else to make the report?
The statute provides a reporting process for certain situations involving staff of a medical or other institution, school, facility, or other agency:
"Whenever a person is required to report … as a member of the staff of a medical or other public or private institution, school, facility or agency, that person shall immediately notify the person in charge of the institution, school, facility or agency or the designated agent of the person in charge. Upon notification, the person in charge or the designated agent, if any, shall assume the responsibility and have the legal obligation to report or cause a report to be made in accordance with section 6313. This chapter does not require more than one report from any such institution, school, facility, or agency."
However, regardless of the applicability of this section, the staff person is not precluded from making his or her own direct report in addition to notifying the person in charge (or designated agent). Moreover, the person-in-charge (or designated agent) is required to notify the staff person when the report is made. If the staff person does not receive such notification, it generally is prudent to follow-up.
Does child abuse reporting conflict with patient confidentiality requirements?
The CPSL provides that its mandatory reporting requirement overrides other state laws that protect the confidentiality of privileged communications, with limited exceptions not applicable to health care (communications to clergy and attorneys). Laws that protect the confidentiality of patient information, such as the HIPAA privacy rule, also provide exceptions allowing for child abuse reporting.
Does the law protect physicians who make a child abuse report?
The CPSL provides that any person who, in good faith, makes a child abuse report is immune from civil or criminal liability and further provides that persons who are mandated to make reports are presumed to have acted in good faith.
What are the penalties for failing to make a mandatory child abuse report?
The CPSL imposes criminal penalties for non-compliance with its mandatory reporting requirement.
A first violation is a third-degree misdemeanor punishable by up to a $2,500 fine and up to one year imprisonment. A second or subsequent violation rises to a second-degree misdemeanor punishable by up to a $5,000 fine and up to two years imprisonment.
Physicians who violate the mandatory reporting requirement also can be subject to licensing discipline for unprofessional conduct.
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