SUBCHAPTER B

PROVISIONS AND RESPONSIBILITIES FOR

REPORTING SUSPECTED CHILD ABUSE

 

Sec.

6311.  Persons required to report suspected child abuse.

6311.1. Privileged communications.

6312.  Persons encouraged to report suspected child abuse.

6313.  Reporting procedure.

6314.  Photographs, medical tests and X-rays of child subject to report.

6315.  Taking child into protective custody.

6316.  Admission to private and public hospitals.

6317.  Mandatory reporting and postmortem investigation of deaths.

6318.  Immunity from liability.

6319.  Penalties.

6320.  Protection from employment discrimination.

 

Subchapter Heading.  The heading of Subchapter B was amended December 16, 1994, P.L.1292, No.151, effective July 1, 1995.

§ 6311.  Persons required to report suspected child abuse.

(a)  Mandated reporters.--The following adults shall make a report of suspected child abuse, subject to subsection (b), if the person has reasonable cause to suspect that a child is a victim of child abuse:

(1)  A person licensed or certified to practice in any health-related field under the jurisdiction of the Department of State.

(2)  A medical examiner, coroner or funeral director.

(3)  An employee of a health care facility or provider licensed by the Department of Health, who is engaged in the admission, examination, care or treatment of individuals.

(4)  A school employee.

(5)  An employee of a child-care service who has direct contact with children in the course of employment.

(6)  A clergyman, priest, rabbi, minister, Christian Science practitioner, religious healer or spiritual leader of any regularly established church or other religious organization.

(7)  An individual paid or unpaid, who, on the basis of the individual's role as an integral part of a regularly scheduled program, activity or service, is a person responsible for the child's welfare or has direct contact with children.

(8)  An employee of a social services agency who has direct contact with children in the course of employment.

(9)  A peace officer or law enforcement official.

(10)  An emergency medical services provider certified by the Department of Health.

(11)  An employee of a public library who has direct contact with children in the course of employment.

(12)  An individual supervised or managed by a person listed under paragraphs (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11) and (13), who has direct contact with children in the course of employment.

(13)  An independent contractor.

(14)  An attorney affiliated with an agency, institution, organization or other entity, including a school or regularly established religious organization that is responsible for the care, supervision, guidance or control of children.

(15)  A foster parent.

(16)  An adult family member who is a person responsible for the child's welfare and provides services to a child in a family living home, community home for individuals with an intellectual disability or host home for children which are subject to supervision or licensure by the department under Articles IX and X of the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.

(b)  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.

(2)  Nothing in this section shall require a child to come before the mandated reporter in order for the mandated reporter to make a report of suspected child abuse.

(3)  Nothing in this section shall require the mandated reporter to identify the person responsible for the child abuse to make a report of suspected child abuse.

(c)  Staff members of institutions, etc.--Whenever a person is required to report under subsection (b) in the capacity as a member of the staff of a medical or other public or private institution, school, facility or agency, that person shall report immediately in accordance with section 6313 and shall immediately thereafter 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 facilitate the cooperation of the institution, school, facility or agency with the investigation of the report. Any intimidation, retaliation or obstruction in the investigation of the report is subject to the provisions of 18 Pa.C.S. § 4958 (relating to intimidation, retaliation or obstruction in child abuse cases). This chapter does not require more than one report from any such institution, school, facility or agency.

(d)  Civil action for discrimination against person filing report.--(Deleted by amendment).

(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Nov. 29, 2006, P.L.1581, No.179, eff. 180 days; Apr. 15, 2014, P.L.414, No.32, eff. 60 days; Apr. 15, 2014, P.L.417, No.33, eff. Dec. 31, 2014; Apr. 15, 2014, P.L.425, No.34, eff. Dec. 31, 2014; May 14, 2014, P.L.645, No.44, eff. Dec. 31, 2014; Oct. 22, 2014, P.L.2529, No.153, eff. Dec. 31, 2014; July 1, 2015, P.L.94, No.15, eff. imd.)

 

2015 Amendment.  Act 15 amended subsec. (a)(7) and (12) and added subsec. (a)(16).

2014 Amendments.  Act 32 amended subsec. (a) and deleted subsec. (b), Act 33 amended subsecs. (a) and (c) and added subsec. (b), Act 34 deleted subsec. (d), Act 44 amended subsec. (c) and Act 153 amended subsec. (b)(1) intro. par. and added subsec. (a)(15). Act 33 overlooked the amendment by Act 32, but the amendments do not conflict in substance and have both been given effect in setting forth the text of subsec. (b). Act 44 overlooked the amendment by Act 33, but the amendments do not conflict in substance (except for the deletion of "assume the responsibility and," as to which Act 44 has been given effect) and have both been given effect in setting forth the text of subsec. (c).

Effective Date.  Section 17 of Act 45 of 2014 provided that, notwithstanding section 4 of Act 32 of 2014, the amendment of subsecs. (a) and (b) shall take effect December 31, 2014.

References in Text.  The short title of the act of June 13, 1967, P.L.31, No.21, known as the Public Welfare Code, referred to in subsection (a), was amended by the act of December 28, 2015, P.L.500, No.92. The amended short title is now the Human Services Code.

Cross References.  Section 6311 is referred to in sections 6313, 6318, 6320, 6340, 6340.1 of this title.