PRINTER'S NO. 393
No. 380 Session of 1989
INTRODUCED BY O'PAKE, MELLOW, STAPLETON, AFFLERBACH, BODACK,
REGOLI, JONES, MUSTO, LYNCH, REIBMAN, ROSS, SHAFFER AND
BELAN, FEBRUARY 3, 1989
REFERRED TO AGING AND YOUTH, FEBRUARY 3, 1989
AN ACT
1 Amending the act of November 26, 1975 (P.L.438, No.124),
2 entitled, as amended, "An act establishing child protective
3 services; providing procedures for reporting and
4 investigating the abuse of children; establishing and
5 providing access to a Statewide central register and pending
6 complaint file on child abuse; investigating such reports;
7 providing for taking protective action including taking a
8 child into protective custody; placing duties on the
9 Department of Public Welfare and county children and youth
10 social service agencies; establishing child protective
11 services in each county children and youth social service
12 agency; and providing penalties," further defining "child
13 abuse" and "sexual abuse"; further providing for persons
14 required to report suspected child abuse, for penalties and
15 for duties of the child protective service concerning reports
16 of abuse.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. The definitions of "child abuse" and "sexual
20 abuse" in section 3 of the act of November 26, 1975 (P.L.438,
21 No.124), known as the Child Protective Services Law, amended
22 June 10, 1982 (P.L.460, No.136), are amended to read:
23 Section 3. Definitions.--As used in this act:
24 "Child abuse" means [serious] physical or mental injury which
1 is not explained by the available medical history as being
2 accidental, or sexual abuse or sexual exploitation, or serious
3 physical neglect, of a child under 18 years of age, if the
4 injury, abuse or neglect has been caused by the acts or
5 omissions of the child's parents or by a person responsible for
6 the child's welfare, or any individual residing in the same home
7 as the child, or a paramour of a child's parent under
8 circumstances indicating that the child's health or welfare is
9 substantially harmed or threatened thereby, as determined in
10 accordance with regulations prescribed by the department,
11 provided, however, no child shall be deemed to be physically or
12 mentally abused for the sole reason he is in good faith being
13 furnished treatment by spiritual means through prayer alone in
14 accordance with the tenets and practices of a recognized church
15 or religious denomination by a duly accredited practitioner
16 thereof or is not provided specified medical treatment in the
17 practice of religious beliefs, or solely on the grounds of
18 environmental factors which are beyond the control of the person
19 responsible for the child's welfare such as inadequate housing,
20 furnishings, income, clothing and medical care.
21 * * *
22 "Sexual abuse" means the obscene or pornographic
23 photographing, filming or depiction of children for commercial
24 purposes, or the employment, use of persuasion, inducement,
25 enticement, or coercion to engage in any sexually explicit
26 conduct or simulation of such conduct for the purpose of
27 producing a visual depiction of the conduct, or the rape,
28 molestation, incest, prostitution, or other such forms of sexual
29 exploitation of children under circumstances which indicate that
30 the child's health or welfare is harmed or threatened thereby,
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1 as determined in accordance with regulations prescribed by the
2 secretary.
3 * * *
4 Section 2. Section 4(a) of the act, amended November 6, 1987
5 (P.L.391, No.80), is amended to read:
6 Section 4. Persons Required to Report Suspected Child
7 Abuse.--(a) Any persons who, in the course of their employment,
8 occupation, or practice of their profession come into contact
9 with children shall report or cause a report to be made in
10 accordance with section 6 when they have reason to [believe]
11 suspect, on the basis of their medical, professional or other
12 training and experience, that a child coming before them in
13 their professional or official capacity is an abused child.
14 * * *
15 Section 3. Sections 12 and 17(4) of the act are amended to
16 read:
17 Section 12. Penalties for Failure to Report.--(a) Any
18 person or official required by this act to report a case of
19 suspected child abuse who wilfully fails to do so shall be
20 guilty of a summary offense, except that for a second or
21 subsequent offense shall be guilty of a misdemeanor of the third
22 degree.
23 (b) A person or official who wilfully reports or causes to
24 be reported a false case of suspected child abuse shall be
25 guilty of a misdemeanor of the third degree for the first
26 offense and for a second or subsequent offense shall be guilty
27 of a misdemeanor of the first degree.
28 Section 17. Duties of the Child Protective Service
29 Concerning Reports of Abuse.--Each child protective service
30 shall:
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1 * * *
2 (4) Upon receipt of each report of suspected child abuse,
3 commence [within 24 hours,] an appropriate investigation which
4 shall include a determination of the risk to such child or
5 children if they continue to remain in the existing home
6 environment, as well as a determination of the nature, extent,
7 and cause of any condition enumerated in such report, and, after
8 seeing to the safety of the child or children, forthwith notify
9 the subjects of the report in writing, of the existence of the
10 report and their rights pursuant to this act in regard to
11 amendment or expungement. Reports of suspected child abuse shall
12 be prioritized in accordance with regulations prescribed by the
13 department, and "Immediate," "24-Hour" and "72-Hour" response
14 times shall be utilized to reflect those priorities. The
15 investigation shall be completed within 30 days.
16 * * *
17 Section 4. This act shall take effect in 60 days.
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