Child Abuse Reporting, 2014
On a national level, there are no child abuse laws (aka: child protective laws). Child abuse laws are the responsibility of each separate state. They vary greatly from state to state.
In Pennsylvania, each county ( there are 67), is responsible for reporting, investigating and following through with suspected child abuse. Each county has it’s own “Children and Youth Services” (CYS) department lead by a Director of Children and Youth Services. This position is a political appointment , there are no credentials required. This results in a great difference between counties on quality of service.
Pennsylvania law defines child abuse as: “…person knowingly, recklessly or intentionally committing an act upon a child or children that cause bodily injury. This includes failing to act when a child is being abused ( ie: not taking action to prevent abuse).” Neglect is habitually and intentionally depriving a child of the essentials of life ( food, shelter, medical care, adequate clothing etc.) THERE ARE NO RELIGIOUS,SOCAIL OR CUTURAL EXEMPTIONS
2014 Expansion of Child Protective Laws: Child abuse now includes “luring children” and bullying, this applies to on-line contact. Perpetrators include persons living in the child’s household ( no age restriction), any family member ( including those not residing in the household), anyone in the role of caring for the child ( either paid or volunteer), anyone who has regular contact with the child ( any school employee, care worker, paid or volunteer)
Mandated Reporters: Any person, who in the practice of the employment, comes into contact with children (teacher, care workers, any school employee) ALL health care workers ( doctors, nurses, dentist, therapist) Any and all law enforcement workers Social workers
New Mandated Reporters: Lawyers* Clegey**
Failure to Report: A mandated reporter who willfully fails to report abuse is subjected to a third degree misdemeanor for the first offense ( $2500 fine/year in prison) Second offense is a second degree misdemeanor( $5,000 fine/five years in prison) You may also loose your professional credential to practice your profession.
Reporting Procedure: As a mandated reporter YOU MUST, BY LAW, REPORT SUSPECTED CHILD ABUSE. You do so by calling the County Office of Children and Youth Services ( back this up with a call to ChildLine ) 1-800-932-0313. Once you call/report, the case must be investigated with-in 24 hours by a CYS case worker. MANDATED REPORTERS ARE NOT TO INVESTIGATE ONLY REPORT
Once You File a Report: ALL INFORMATION IS CONFIDENTAIL-YOUR NAME IS NOT IN THE REPORT! You are immune from any liability. The case worker will investigate and determine if the case is founded or unfounded. If unfounded, all records are destroyed.
Other Legal Issues: CYS DOES NOT HAVE THE POWER TO REMOVE A CHILD FROM THE HOME. This can be done ONLY with a court order, by a medical doctors order or by a law enforcement office. As a teacher, if you witness or are aware of a teacher or any school employee abusing, exploiting or engaging in a sexual relationship with students, you must report this to CYS
2012 Pennsylvania Statistics: 26,664 cases were reported to CYS ( 67 counties) 3,565 of these cases were “founded” 27% of reports came from social service agencies 23% came from healthcare workers 19% came from law enforcement 15% came from families 10% came from schools 6% came from others
Contact Information Lehigh County CYS: 610-782-3064 Carbon County CYS: 570-325-3644 Schuylkill County CYS: 570-628-1050 ChildLine ( Pennsylvania clearing house) 1-800-932-0313