(a)
Disciplinary action. A licensed professional counselor who
willfully fails to comply with the reporting requirements in §§
49.52-
49.54 (relating to suspected child
abuse-mandated reporting requirements; photographs of child subject to report;
and suspected death as a result of child abuse-mandated reporting requirement)
will be subject to disciplinary action under section 11 of the act
(
63
P.S. §
1911).
(b)
Criminal penalties.
Under
23 Pa.C.S. §
6319
(relating to penalties), a licensed professional counselor who is required to
report a case of suspected child abuse or to make a referral to the appropriate
authorities and who willfully fails to do so commits a criminal offense, as
follows:
(1) An offense not otherwise
specified in paragraphs (2), (3) or (4) is a misdemeanor of the second
degree.
(2) An offense is a felony
of the third degree if all of the following apply:
(i) The mandated reporter willfully fails to
report.
(ii) The child abuse
constitutes a felony of the first degree or higher.
(iii) The mandated reporter has direct
knowledge of the nature of the abuse.
(3) If the willful failure to report
continues while the mandated reporter knows or has reasonable cause to suspect
a child is being subjected to child abuse by the same individual, or while the
mandated reporter knows or has reasonable cause to suspect that the same
individual continues to have direct contact with children through the
individual's employment, program, activity or service, the mandated reporter
commits a felony of the third degree, except that if the child abuse
constitutes a felony of the first degree or higher, the mandated reporter
commits a felony of the second degree.
(4) A mandated reporter who, at the time of
sentencing for an offense under
23 Pa.C.S. §
6319,
has been convicted of a prior offense under § 6319, commits a felony of
the third degree, except that if the child abuse constitutes a felony of the
first degree or higher, the penalty for the second or subsequent offense is a
felony of the second degree.
Notes
The
provisions of this § 49.57 adopted November 17, 2006, effective
11/18/2006, 36 Pa.B. 7022;
amended March 18, 2022, effective 3/19/2022, 52 Pa.B.
1608.
The provisions of this § 49.57 issued under
section 6(2) of the Social Workers, Marriage and Family Therapists and
Professional Counselors Act (63 P.S. §
1906(2)); and the Child
Protective Services Act, 23 Pa.C.S. Chapter 63; amended under section 6(2) of
the Social Workers, Marriage Family Therapists and Professional Counselors Act
(63
P.S. §
1906(2)); and
23 Pa.C.S. §§
6301-6388.
This section cited in 49 Pa. Code §
49.51 (relating to definitions
relating to child abuse reporting requirements); and 49 Pa. Code §
49.79 (relating to mandatory
reporting).
