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We Are...
aware of Pennsylvania law protecting children
What is a Mandated Reporter?
23 Pa.C.S. § 6311
As Defined by PA Law: Persons who, in the course of their employment, occupation or practice of their profession, come into contact with children shall report or cause a report to be made in accordance with section 6313 (relating to reporting procedure) when they have reasonable cause to suspect, on the basis of their medical, professional or other training and experience, that a child under the care, supervision, guidance or training of that person or of an agency, institution, organization or other entity with which that person is affiliated is a victim of child abuse, including child abuse by an individual who is not a perpetrator.
Under the Child Protective Services Law, mandated reporters are required to either report or cause a report to be made when they have reasonable cause to suspect a child is being abused or neglected. Mandated reporters are not trained child abuse investigators.
Protections Under the Law
There are many reasons why individuals may hesitate to report abuse, even though they are required to do so by law. Under the Child Protective Services Law (CPSL), a person that in good faith makes a report of child abuse, whether required or not, has immunity from civil and criminal liability. This is important protection to help increase the likelihood that more reports will be made to protect abused children. In addition, under CPSL, the release of information that would identify the reporter is prohibited.
Do you know...
In 2011, what percent of reports came from mandated reporters?
Mandated reporters made up 78% of all referrals for substantiated reports.
--PA Department of Public Welfare. (2011) Annual Child Abuse Report .
Confidentiality
According to Pennsylvania law and Penn State policy, when an individual learns about child abuse through communication that would typically be confidential (i.e. patient / therapist), the individual must report the child abuse despite confidential relationship. However the individual who learns of the abuse, should keep the matter confidential in all other ways. There are very limited exceptions to this law, specifically only applicable to clergy and attorneys.
Next, we will explore Penn State policies as they relate to reporting suspected child abuse.