Ashley Mroczka, MS Christa Richards, BS Northeast Counseling Services Childline Reporting

Mandated Reporter Effective December 31, 2014, these people are considered mandated reporters under Pennsylvania Law: School employee (someone who is employed by the school or who provides a program, activity or service sponsored by a school). This includes youth camp/program, a recreational camp or program; sports or athletic program, outreach program, enrichment program and a troop, club or similar organization.

Mandated reporters are required to make a report of suspected abuse when they have reasonable cause to suspect that a child is a victim of child abuse under any of the following circumstances: They have contact with the child as part of work or through a regularly scheduled program activity or service OR They are responsible for the child or work for an agency that is directly responsible for the child OR Someone makes a specific disclosure to the mandated reporter and the child is identifiable. This includes children that the mandated reporter may not know through their work or volunteer position OR A person 14 years old or older makes a disclosure that he/she has committee child abuse. This includes children that the mandated reporter may not know through their work or volunteer position.

Reporting Abuse Call ChildLine at 1-800-932-0313 ChildLine is available 24 hours/ 7 days a week. As a mandated reporter, you must provide your name and contact information when making the call. After making the call, mandated reporters must follow up with an electronic report or a written report completed on the CY-47 form within 48 hours of making the oral report. https://www.pa-fsa.org/Portals/0/Docs/Mandated-Reporters/CY47%20Final.pdf

Reporting Abuse (cont’d) Submit the report electronically… The report is submitted directly to ChildLine via Child Welfare Information Solution portal. You will receive an email confirmation that your report has been received; you should print and keep this confirmation for your records. After making the report to ChildLine, the mandated reporter must tell the person in charge of the organization or program (for example, a school principal or the director of a child-serving program or the head Little League coach). https://www.compass.state.pa.us/CWIS

Written Reports by Mandated Reporters Within 48 hours of making the call to ChildLine, mandated reporters must complete a form called a CY-47, which is a Report of Suspected Child Abuse or make an electronic report. The CY-47 form is not required if an electronic report is made in lieu of a call to ChildLine. The electronic report serves as both the oral and written report.

Other actions to take Take photographs of the child’s injuries A mandated reporter may also: Take photographs of the child’s injuries Have X-rays taken Have the child hospitalized Have the child placed into protective custody - according to the law Have a medical exam performed by a medical professional

Penalties for Willful Failure to Report Willful failure to report (having a reasonable suspicion of abuse and deciding not to report it) may be punished. The penalties for failure to report have been increased under the new CPSL amendments. The first offense of willful failure to report is a second degree misdemeanor. Penalties are increased to a third degree felony if the mandated reporter willfully fails to report child abuse that is a felony of the first degree or higher and the mandated reporter has direct knowledge of the nature of the abuse. For multiple offenses, a felony of the third degree is committed, increasing if the abuse of the child is a felony of the first degree or higher. If willful failure to report continues, while the mandated reporter knows or has reasonable cause to believe the child is being actively abused, the offense is considered a first degree misdemeanor except when the abuse to the child constitutes a felony of the first degree or higher. In this instance the penalty is a felony of the third degree.

Protection for Mandated Reporters Information regarding cases of child abuse is confidential except in certain instances specified by law. In most circumstances, the identity of a person who makes a report of suspected abuse or cooperates in a subsequent investigation is kept confidential and cannot be released by the county agency. However, if the case must be reported to law enforcement officials by the county agency, the names of the persons who made the report or cooperated in the investigation must be given to law enforcement officials upon request. Law enforcement officials must treat the reporting sources and persons who cooperated in the investigation as confidential informants.

Protection for Mandated Reporters (cont’d) All persons are protected from civil and criminal liability if acting in good faith when reporting, cooperating and consulting in investigations, testifying in proceedings as a result of the report, taking photographs, arranging for medical tests and x-rays, taking a child into protective custody (as allowed under the CPSL) and admitting a child to a private or public hospital. The good faith of a mandated reporter is assumed. The amendments to the CPSL have expanded immunity from liability for reporting general protective services cases and testifying in proceedings as a result of the general protective services report. Also, mandated reporters may not be the victims of employment discrimination because they have made a report.

FAQ’s “Can’t I just tell my boss about the abuse and they can take it from there?” No, changes to CPSL now require that a mandated reporter must personally make the report. Your supervisor may assist you in making the report (for example, sit with you for support if you are uncomfortable in the process) as long as they do not interfere in any way with the making of the report. Afterward, you should inform your supervisor (or whoever is designated at your place of employment) about the report.

FAQ’s (cont’d) “Must I report the abuse, even if I am not sure what happened?” Yes. You do not have to investigate or be certain of the abuse, or even know the name of the person who is suspected of abusing a child. Your responsibility is to make a report when you have reasonable cause to suspect child abuse. Learn more about the indicators of child abuse and neglect

FAQ’s (cont’d) “What if I am wrong in my suspicions? Can somebody sue me? Can I lose my job?” Mandated reporters are protected from liability for reporting, cooperating with investigations, and testifying in court as a result of the report, among other things. As long as you make the report without malice (with good intentions based on your suspicions), you cannot be sued or receive any adverse action from your employer. The good faith of a mandated reporter is assumed.

Resources The PA Family Support Alliance https://www.pa-fsa.org/ Information for the slides were found through the following websites: The PA Family Support Alliance https://www.pa-fsa.org/ www.compass.state.pa.us/cwis

Local Agency Contact Information Luzerne County Children and Youth Services Address: 111 N Pennsylvania Ave, Wilkes-Barre, PA 18701 Phone: (570) 826-8710 Luzerne County Child Advocacy Center Address: 187 Hanover St, Wilkes-Barre, PA 18702 Phone: (570) 208-2895