Law & Legal & Attorney Government & administrative Law

Child Protection Laws in Pennsylvania

    Abuse and Neglect

    • Pennsylvania's definition of abuse and neglect is found in Pennsylvania Code section 3409.4. "Child abuse" includes acts and failures to act that result in physical, emotional or sexual injury to the child. Abuse includes acts or failures to act that put the child at risk of physical or emotional injury or of sexual abuse or exploitation. The serious physical neglect of a child is also defined as child abuse under Pennsylvania law. (See Reference 1.)

    Required Reporting

    • Pennsylvania requires people in specified positions to report abuse and neglect. Failure to report can be a summary offense to a Class 3 misdemeanor. (See Reference 2.) The people required to report include anyone who comes professionally in contact with children and has the expertise or training to recognize abuse and neglect. These include health care workers, Christian Science practitioners, coroners and funeral home workers, hospital personnel, clergy, school workers, social workers and childcare and mental health workers. Except for ordained clergy, professional confidentiality does not excuse a professional from reporting child abuse or neglect. (PC Section 3490.4 "required reporters.") (See Reference 1.)

    Abuse Registry

    • The Pennsylvania Department of Public Welfare's ChildLine program maintains a hot line for reporting abuse and an abuse registry to keep track of abusers. The Pennsylvania Child Protective Services Law (CPSL) (Pa. C. sections 6301--6385) requires childcare providers, schools and similar agencies to check the abuse registry before they hire workers. No one may hold such a job within 5 years of a verified child abuse incident. (There are procedures for expunging records from the registry.) The CPSL also requires that these workers get clearances from the FBI for their federal criminal history before they are employed. (See Reference 3.)

    Investigations

    • Pennsylvania requires both the state Department of Public Welfare and the counties in the state to investigate reports of child abuse and neglect. The state investigations are covered in Pennsylvania Code sections 3490.15 to 3490.21. The state has to take reports, investigate cases and cooperate with other agencies. The counties are also responsible for maintaining 24-hour-a-day, 7-day-a-week hot lines and following up on investigations. (Pa. C. sections 3490.52--3490.62) Both state and county officials can take children into protective custody, if necessary. (See Reference 1.)

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