49 Pa. Code § 21.502 - Suspected child abuse-mandated reporting requirements
(a)
General rule.
(1) Under
23 Pa.C.S. §
6311 (relating to persons required to report
suspected child abuse), all Board-regulated practitioners are considered
mandated reporters. A mandated reporter shall make a report of suspected child
abuse in accordance with this section 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 the 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 subsection shall require
a child to come before the mandated reporter to make a report of suspected
child abuse.
(3) Nothing in this
subsection shall require the mandated reporter to identify the person
responsible for the child abuse to make a report of suspected child
abuse.
(b)
Staff
members of public or private agencies, institutions and facilities.
Whenever a Board-regulated practitioner is required to make a report under
subsection (a) in the capacity as a member of the staff of a medical or other
public or private institution, school, facility or agency, that Board-regulated
practitioner shall report immediately in accordance with subsection (c) 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.
(c)
Reporting
procedure.
A mandated reporter shall immediately make a report of suspected child abuse to the Department of Human Services by either:
(1) Making an oral report of suspected child
abuse by telephone to ChildLine at (800) 932-0313, followed by a written report
within 48 hours to the Department of Human Services or the county agency
assigned to the case in a manner and format prescribed by the Department of
Human Services. The written report submitted under this paragraph may be
submitted electronically.
(2)
Making an electronic report of suspected child abuse in accordance with
23 Pa.C.S. §
6305 (relating to electronic reporting)
through the Department of Human Service's Child Welfare Information Solution
self-service portal at www.compass.state.pa.us/cwis. A
confirmation by the Department of Human Services of the receipt of a report of
suspected child abuse submitted electronically relieves the mandated reporter
of the duty to make an additional oral or written report.
(d)
Written or electronic
reports. A written or electronic report of suspected child abuse,
shall include the following information, if known:
(1) The names and addresses of the child, the
child's parents and any other person responsible for the child's
welfare.
(2) Where the suspected
child abuse occurred.
(3) The age
and sex of each subject of the report.
(4) The nature and extent of the suspected
child abuse, including any evidence of prior abuse to the child or any sibling
of the child.
(5) The name and
relationship of each individual responsible for causing the suspected abuse and
any evidence of prior abuse by each individual.
(6) Family composition.
(7) The source of the report.
(8) The name, telephone number and e-mail
address of the person making the report.
(9) The actions taken by the person making
the report, including actions taken under 23 Pa.C.S. §§
6314-6317.
(9.1) Other information
required by Federal law or regulation.
(10) Other information which the Department
of Human Services may require by regulation.
Notes
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