49 Pa. Code § 33.250 - Suspected child abuse-mandated reporting requirements
(a)
General rule. 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:
(1) 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.
(2) 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.
(3) A person makes a
specific disclosure to the mandated reporter that an identifiable child is the
victim of child abuse.
(4) An
individual 14 years of age or older makes a specific disclosure to the mandated
reporter that the individual has committed 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, dental 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 subparagraph may be
submitted electronically.
(2)
Making an electronic report of suspected child abuse in accordance with
23 Pa.C.S. §
6305
(related 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 the subject or subjects of the report.
(4) The nature and extent of the suspected
child abuse, including any evidence of prior abuse to the child or sibling of
the child.
(5) The name and
relationship of the person or persons responsible for causing the suspected
abuse and any evidence of prior abuse by those persons.
(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.
(10) Other information required by Federal
law or regulation.
(11) Other
information that the Department of Human Services may require by
regulation.
Notes
The provisions of this § 33.250 issued under the Child Protective Services Law, 23 Pa.C.S. § 6383(b)(2); and section 3(o) of The Dental Law (63 P. S. § 122(o)); amended under section 3(o) of the Dental Law (63 P.S. § 122(o)); and the Child Protective Services Law, 23 Pa.C.S. § 6383(b)(2).
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