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January 19, 2012, Number 83
Are You A Mandated Reporter Under The Child Protective Services Law?
By
 On the same day as the filing of fifty-two criminal charges ranging from indecent exposure to rape against former Penn State football coach Jerry Sandusky, who allegedly committed the various sex crimes charged against young men and boys, the Pennsylvania General Assembly passed a resolution in both the House and Senate to establish a state task force on child protection to study the current law, practice and procedures relating to the reporting of child abuse and the response to such abuse. The task force consists of members to be appointed by various officials including the Governor. On January 10, 2012, Governor Corbett announced the names of the members appointed by the Governor and the task force’s Chairman. By November 30, 2012, the task force must deliver a final report to the Governor, the Senate and the House of Representatives. (House Resolution No. 522, Senate Resolution No. 250, both adopted on December 12, 2011).
Background on the Obligation to Report
The current Child Protective Services Law (“Law”) was enacted in 1990, and repealed the prior statute enacted in 1975. The purpose of both statutes was to provide for reporting of suspected child abuse and the means for making the report, as well as establishing the persons responsible for making the reports. In re Interest of J.R.W., 631 A.2d 1019 (Pa. Super. 1993). The Law was amended in 1994 and 2006 to expand the types of abuse that must be reported, expand the immunity provided to reporters from civil and criminal liability, and to increase the penalties for failure to report as required, among other things.
The 1994 amendments required for the first time that reports to law enforcement authorities must be made by school employees and administrators (of public and private schools) when there is suspected abuse of a student by a school employee, and that such reports be investigated and added to the statewide central register. The 1994 amendments were also what changed the Law to require schools to require applicants for positions to submit an official clearance statement from the Department of Public Welfare obtained within the past year. Without such clearance from the Department, the Law now requires that the applicant may not be hired.
In 2006, the amendments changed the law by expanding the types of child abuse that must be reported by mandated reporters (who mandated reporters are is explained below) to include not just abuse by perpetrators, who are generally adults residing in the same home as the child, but by anyone else. After the 2006 amendments became effective, reports of abuse suspected by persons outside the home must be referred to law enforcement authorities, but the Law provides mandated reporters such as school employees and administrators with immunity from both civil and criminal liability (and imposes penalties for willful failure to do so). All of these changes continue in effect in the current Law.
Essentially, the Law requires people who come into contact with children in the course of their employment or profession to report suspected child abuse to the Department of Public Welfare (DPW) and local County Children & Youth agency and to make appropriate referrals to local law enforcement authorities when the suspected abuser is not someone who resides in the home. Such people are commonly referred to as “mandated reporters.” The Law specifies that mandated reporters include teachers, nurses, school administrators, physicians, psychologists, social services workers, child care workers, and law enforcement officers, to name just a few. 23 Pa.C.S. §6311. Any other person with a good faith belief of suspected child abuse may report to the DPW by calling: CHILDLINE, 1-800-932-0313.
For school employees, the obligation is to report the suspected child abuse to the person in charge of the school entity (the Superintendent or his/her designee), who in turn must make the report by telephone immediately and in writing within 48 hours after the oral report is made. The Law does not require that a form be used for the written report, but the local County Children & Youth agency may have such forms available. The written report must be submitted to the County agency.
Noteworthy is the fact that the Law specifically provides that the person in charge of the school entity or other institution employing a mandated reporter may NOT make any independent determination as to whether the suspected child abuse must be reported. The obligation is simply to report to Childline and file a written report within 48 hours of the oral report. 53 Pa. Code §3490.13(b).
The County agency is charged with the responsibility of investigating reports of abuse when abuse is suspected to be occurring in the child’s home(s), and making assessments to determine what protective services or other measures are needed by and appropriate for the child. The caseworkers may also need to determine what services are indicated for the perpetrator of the abuse.
Protection From Liability for Reporters
The good news for mandated reporters, as well as others who may have a good faith suspicion that child abuse has occurred, is that, so long as they are making or participating in a report in good faith, meaning without malice or other improper motive, the law gives them immunity from both civil and criminal liability resulting from the report being made. In addition, for mandated reporters, the existence of good faith on the part of the mandated reporter is presumed. 23 Pa.C.S. §6318.
What Constitutes Child Abuse?
The Law defines the term “child abuse” as any one or more of the following:
1. The act or failure to act by a perpetrator that causes non-accidental serious physical injury to a child under 18 years of age.
2. The act or failure to act by a perpetrator that causes non-accidental serious mental injury or sexual abuse or sexual exploitation of a child under 18.
3. The act, failure to act, or series of acts or failures by a perpetrator that creates an imminent risk of serious physical injury to or sexual abuse or sexual exploitation of a child under 18.
4. Serious physical neglect by a perpetrator constituting prolonged or repeated lack of supervision or the failure to provide essentials of life, including adequate medical care, which endangers a child’s life or development or impairs the child’s functioning.
In the above definition, the “perpetrator” refers to a person who is generally going to be in the child’s home environment. The term perpetrator is defined under the Law as a parent, paramour of a parent, person responsible for the child’s welfare, or person residing in the same home as the child. When the suspected abuser is any of these individuals, the report of abuse must be made to Childline by mandatory reporters (and may be made by anyone else with a good faith belief of such abuse.)
By contrast, the Law requires that when the suspected abuser is someone other than one of the individuals defined as a “perpetrator,” a mandated reporter who is a school employee must inform the administrator and they must contact, or make a referral, to local law enforcement or other appropriate authorities.
Bottom Line for Districts
Recent headlines have brought a number of reporting issues to the forefront of the minds of school administrators and their boards. Many are reviewing their policies and training procedures to ensure they are compliant with mandatory reporting law.
KingSpry will present a to review what your district can and should be doing.
* This School Law Bullet is meant to be informational and does not constitute legal advice.
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