PENNSYLVANIA
MANDATORY REPORTING LAWS
MANDATORY REPORTING LAWS
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Professionals required to report
Citation: Cons. Stat. Tit. 23, § 6311
The following adults are required to report:
• Persons licensed or certified to practice in any health-related field
• Medical examiners, coroners, or funeral directors
• Employees of licensed health-care facilities who are engaged in the admission, examination, care, or treatment of individuals
• School employees
• Employees of a child care service or public library
• A clergyman, priest, rabbi, minister, Christian Science practitioner, religious healer, or spiritual leader of any regularly
established church or other religious organization
• Any person, paid or unpaid, who, on the basis of the person’s role in a program, activity, or service, is a person responsible for the child’s welfare or has direct contact with children
• Employees of a social services agency
• A peace officer or law enforcement official
• An emergency medical services provider
• An individual supervised or managed by a person listed above who has direct contact with children
• An independent contractor
• An attorney affiliated with an agency, institution, or other entity, including a school or established religious organization that is responsible for the care, supervision, guidance, or control of children
• A foster parent
• An adult family member who is a person responsible for the child’s welfare and provides services to a child in a family living
home, community home for individuals with an intellectual disability, or licensed host home for children
A ‘school employee’ is an individual who is employed by a school or who provides an activity or service sponsored by a school. The term does not apply to administrative personnel unless that person has direct contact with children. A school is a facility providing elementary, secondary, or postsecondary educational services, including public and nonpublic schools, vocational-technical schools, and institutions of higher education.
Other persons required to report
Citation: Cons. Stat. Tit. 23, § 6312
Any person may make an oral or written report of suspected child abuse, which may be submitted electronically, if that person has reasonable cause to suspect that a child is a victim of child abuse.
Institutional responsibility to report
Citation: Cons. Stat. Tit. 23, § 6311
Whenever a person is required to report in the capacity as a member of the staff of a medical or other public or private institution,
school, facility, or agency, that person shall report immediately in accordance with § 6313 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.
Upon notification, the person in charge or the designated agent, if any, shall facilitate the cooperation of the institution, school, facility, or agency with the investigation of the report. Any intimidation, retaliation, or obstruction in the investigation of the report is subject to the provisions of title 18, § 4958 (relating to intimidation, retaliation, or obstruction in child abuse cases). This chapter does not require more than one report from any such institution, school, facility, or agency.
WHAT ARE THEY REQUIRED TO REPORT
Citation: Cons. Stat. Tit. 23, § 6311
A mandated reporter shall make a report of suspected child abuse if he or she has reasonable cause to suspect that a child is a victim of child abuse under any of the following circumstances:
• The mandated reporter comes into contact with the child in the course of employment, occupation, and practice of a
profession or through a regularly scheduled program, activity, or service.
• 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.
• A person makes a specific disclosure to the mandated reporter that an identifiable child is the victim of child abuse.
• An individual age 14 or older makes a specific disclosure to the mandated reporter that the individual has committed child
abuse.
Nothing in this section shall require a child to come before the mandated reporter in order for the mandated reporter to make a report of suspected child abuse. Nothing in this section shall require the mandated reporter to identify the person responsible for the child abuse to make a report of suspected child abuse.
PENALTIES FOR FAILING TO REPORT
Citation: Cons. Stat. Tit. 23, § 6319; Tit. 18, § 4958
A mandatory reporter who willfully fails to report as required commits a misdemeanor of the third degree for the first violation and a misdemeanor of the second degree for a second or subsequent violation.
A person commits an offense if:
• The person acts to obstruct, impede, impair, prevent, or interfere with making a child abuse report, conducting of an
investigation, or prosecuting a child abuse case.
• The person intimidates or attempts to intimidate any reporter, victim, or witness to engage in any of the following actions:
» Refrain from making a report of suspected child abuse
» Refrain from providing or withholding information, documentation, testimony, or evidence to any person regarding a child abuse investigation or proceeding
» Give false or misleading information, documentation, testimony, or evidence regarding a child abuse investigation or proceeding
» Elude, evade, or ignore any request or legal process summoning the reporter, victim, or witness to appear to testify or supply evidence regarding a child abuse investigation or proceeding
» Fail to appear at or participate in a child abuse proceeding or meeting involving a child abuse investigation to which the reporter, victim, or witness has been legally summoned
A person commits an offense if the person harms another person by any unlawful act or engages in a course of conduct that threatens another person in retaliation for anything that the other person has lawfully done in the capacity of a reporter, witness, or victim of child abuse.
A violation of this section is a felony of the second degree if the person:
• Uses force, violence, deception, or threat upon the reporter, witness, or victim
• Offers pecuniary or other benefit to the reporter, witness, or victim
• Has a prior conviction for a violation of this section or a similar law An offense not otherwise addressed above is a misdemeanor of the second degree.
PENALTIES FOR FALSE REPORTING
Citation: Cons. Stat. Tit. 18, § 4906.1
A person commits a misdemeanor of the second degree if the person intentionally or knowingly makes a false report of child abuse under chapter 23 (relating to child protective services) or intentionally or knowingly induces a child to make a false claim of child abuse.
PRIVILEGED COMMUNICATIONS
Citation: Cons. Stat. Tit. 23, § 6311.1
The privileged communications between a mandated reporter and a patient or client of the mandated reporter shall not apply to a situation involving child abuse nor relieve the mandated reporter of the duty to make a report of suspected child abuse.
The following protections shall apply:
• Confidential communications made to a member of the clergy are protected under title 42, § 5943 (relating to confidential
communications to clergymen).
• Confidential communications made to an attorney are protected so long as they are within the scope of title 42, § 5916
(relating to confidential communications to an attorney) and § 5928 (relating to confidential communications to an attorney), the attorney work product doctrine, or the rules of professional conduct for attorneys.
REPORTER’S IDENTITY
Citation: Cons. Stat. Tit. 23, § 6313
A written report of suspected child abuse, which may be submitted electronically, shall include the name, telephone number, and email address of the person making the report.
Citation: Cons. Stat. Tit. 23, § 6340
Upon a written request, a subject of a report may receive a copy of all information, except for the identity of the person who made the report.
Except for reports released to law enforcement officials and the district attorney’s office, and in response to a law enforcement
official investigating allegations of false reports under title 18, § 4906.1 (relating to false reports of child abuse), the release of data that would identify the person who made a report of suspected child abuse or who cooperated in a subsequent investigation is prohibited. Law enforcement officials shall treat all reporting sources as confidential informants.