Welcome! Welcome to the online pre-work for Charting The Course Module 2: Identifying Child Abuse and Neglect! This section will cover CPSL mandates related to reporting. Please take notes of important concepts and write down any questions you have. This material will be reviewed in the classroom when you attend Mod. 2. CTC Module 2: Identifying Child Abuse and Neglect: PRE-WORK 1

Module 2 Learning Objectives Please review the following and identify your current knowledge, skills, and abilities on a scale of 1 – 5 (with 1 being poor and 5 being excellent). List the nine phases of casework practice. Reference state law to identify child abuse or neglect. Identify potential physical, emotional, and behavioral indicators of child abuse and neglect and their impact on child development and behavior. Identify the medical information that is necessary to make a determination of abuse and methods of documenting this information. Use information gathered in the six domains to assist in identifying child abuse and neglect. Describe at least one strategy for self-care that child welfare professionals can use to cope with stress and exposure to trauma. CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK 2

Pre-Work Learning Objectives Participants who complete this pre-work will be able to: Describe CPSL mandates related to reporting child abuse Discuss a child welfare professional’s role when interacting with both permissive reporters and mandated reporters CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK 3

Session Outline Section 1: Types of reporters Section 2: Basis to report Section 3: How to report Section 4: Protections for reporters Section 5: Penalties for failure to report Section 6: Transmission of reports Section 7: Child welfare professional’s role CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK 4

Section 1: Types of Reporters CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK 5

Two Types of Reporters There are two types of reporters: Mandated reporters are required by law to report suspected child abuse. Permissive reporters are encouraged to report suspected child abuse. We all share responsibility for protecting the children of our community from harm. Taking responsibility by reporting suspected child abuse is an important means to keep Pennsylvania’s children safe, and may also serve to connect families in need to crucial services and support. CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK 6

Mandated Reporters Child Protective Services Law specifically enumerates individuals who are mandated reporters. Click below to view the full list of persons required by law to report suspected child abuse. List of Mandated Reporters CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK 7

Mandatory Reporting of Substance Exposed Infants The law requires health care providers to report immediately to the appropriate county agency when they deliver or provide care to an infant under one year of age who is affected by: The mother’s illegal substance abuse Withdrawal symptoms resulting from prenatal drug exposure A fetal alcohol spectrum disorder (FASD) 8 CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK

Definition of ‘Health Care Provider’ The definition of health care provider includes Licensed hospitals or health care facilities Individuals who are licensed, certified or otherwise regulated to provide health care services under Pennsylvania law 9 CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK

Health Care Providers Listed Under Pennsylvania Law Physician Podiatrist Optometrist Psychologist Physical therapist Certified nurse practitioner Registered nurse Nurse midwife Physician’s assistant Chiropractor Dentist Pharmacist Individual accredited or certified to provide behavioral health services 10 CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK

What the County Agency Must Do When a health care provider reports an infant to a county agency, the law requires the agency to take these actions: Ensure the safety of the child immediately See the child within 48 hours of receipt of the report Contact the parents of the child within 24 hours of receipt of the report Provide necessary services for the child 11 CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK

Section 2: Basis to Report In what circumstances and situations is a mandated reporter required to report? CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK 12

Basis to Report A mandated reporter must make a report of suspected child abuse if there is reasonable cause to suspect that a child is a victim of abuse when they: Come 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 Are directly responsible for the care, supervision, guidance or training of the child, or are affiliated with an agency, institution, organization, school, regularly established church or religious organization or other entity CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK 13

Basis to Report A mandated reporter must make a report of suspected child abuse if there is reasonable cause to suspect that a child is a victim of abuse when: A person makes a specific disclosure to the mandated reporter that an identifiable child is the victim of child abuse An individual 14 years or older makes a specific disclosure to the mandated reporter that the individual has committed child abuse CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK 14

Check Your Knowledge: The Requirement to Report Wes is a CCYA caseworker. After work, he attends a guitar class where his music instructor, Stan, tells him that he witnessed his five-year-old neighbor, Beth, being physically abused by her mother. In this instance, is Wes required to make a report? Is Wes required to make a report? YESNO

How Did You Answer? You may have considered the following: Wes, as a CCYA caseworker, is a mandated reporter Stan’s disclosure, made to Wes outside of his work, included an identifiable child In this situations, Wes has a reasonable cause to suspect that Beth is a victim of abuse. Wes is required by law to report. A mandated reporter must report suspected child abuse in certain situations outside of their work when a person makes a specific disclosure to the mandated reporter that an identifiable child is the victim of child abuse The child victim does not have to be under the care, supervision, or guidance of the mandated reporter for the mandated reporter to be required to report suspected abuse

These Are Not Requirements: The law does not require a child to “come before” mandated reporters for them to make a report of suspected child abuse The law does not require the mandated reporter to identify the person responsible for the child abuse to make a report Confidential communications made to an attorney are protected under PA law Some communications made to a member of the clergy are protected under PA law The law explains when such communication is protected and when suspected child abuse must be reported CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK 17

Section 3: How to Report CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK 18

Reporting to ChildLine Permissive reporters are encouraged to report by telephone to ChildLine CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK 19

Reporting to ChildLine Mandated reporters are required to report directly and immediately to ChildLine when they have a reasonable cause to suspect a child is victim of abuse. The CPSL was amended to require staff members of institutions to report directly to ChildLine rather than to a person in charge of the institution. Mandated reporters can file an electronic report of suspected child abuse online. These reports can be made through the Child Welfare Portal. You can learn more about this process through the Pennsylvania Child Welfare Resource Center training course: Recognizing and Reporting Child Abuse: Mandated and Permissive Reporting in Pennsylvania. Mandated reporters are required to report directly and immediately to ChildLine when they have a reasonable cause to suspect a child is victim of abuse. The CPSL was amended to require staff members of institutions to report directly to ChildLine rather than to a person in charge of the institution. Mandated reporters can file an electronic report of suspected child abuse online. These reports can be made through the Child Welfare Portal. You can learn more about this process through the Pennsylvania Child Welfare Resource Center training course: Recognizing and Reporting Child Abuse: Mandated and Permissive Reporting in Pennsylvania. CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK 20

Child Welfare Professionals CCYA employees report to ChildLine through electronic data systems specific to their agencies. Please review the electronic reporting process at your agency with your supervisor. CCYA employees report to ChildLine through electronic data systems specific to their agencies. Please review the electronic reporting process at your agency with your supervisor. 21 CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK

Section 4: Protections for Reporters CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK 22

Protections for All Reporters Pennsylvania law protects all reporters of suspected child abuse When a report is made in “good faith” a reporter is immune from civil or criminal liability Mandated reporters who make reports of suspected child abuse or of a crime against a child are not in violation of the Mental Health Procedures Act by releasing information necessary to complete the report The law imposes penalties if any person attempts to intimidate, retaliate, or obstruct an individual from reporting suspected child abuse A reporter may also take action for appropriate relief if relieved of employment or discriminated against in any other way as a result of making a report of suspected child abuse 23 CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK

Protections: Confidentiality Reporters are protected by strict confidentiality provisions. Amendments to the CPSL prohibit the department, county, institution, school, facility, or agency or designated agent of the person in charge from identifying the person who made a report of suspected abuse or who cooperated in a subsequent investigation. 24 CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK

Mandated Reporters: Right to Receive Information A mandated reporter who makes a report of suspected child abuse has the right to receive information about the final status of the report and about services provided or arranged to protect the child. 25 CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK

Right-to-Know: DHS Responsibility The department must notify the mandated reporter of the final status of a report, and about services provided or arranged, within three (3) business days after receiving the final results of an investigation. 26 CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK

Section 5: Penalties for Failure to Report CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK 27

Consequences for Failure to Report 28 Mandated reporters are required by law to report when they have reasonable cause to suspect a child is the victim of abuse A mandated reporter who willfully fails to make a report of suspected child abuse could face legal penalties, including fines and/or incarceration These penalties increase with repeated violations Mandated reporters are required by law to report when they have reasonable cause to suspect a child is the victim of abuse A mandated reporter who willfully fails to make a report of suspected child abuse could face legal penalties, including fines and/or incarceration These penalties increase with repeated violations

Continual Failure to Report Willful failure to report that continues while you know or have reasonable cause to suspect that child abuse is occurring is considered a misdemeanor of the first degree. However, if the child abuse is considered a felony of the first degree or higher, this continual failure to report becomes a felony of the third degree. Maximum penalty associated with committing a misdemeanor of the first degree in Pennsylvania Up to five years’ incarceration AND no more than $10,000 in fines

Multiple Failures to Report Offenses If you fail to report suspected child abuse multiple times, the offense is considered a felony of the third degree. However, if the child abuse is considered a felony of the first degree or higher, the offense becomes a felony in the second degree. Maximum penalty associated with committing a felony of the second degree in Pennsylvania Not more than ten years in prison AND up to $25,000 in fines Act 32 of 2014

Section 6: Transmission of Reports CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK 31

After the Report ChildLine receives the report and determines who is to respond to the report, dependent upon the information reported, such as the identity, if known, of the person who allegedly acted to abuse or harm a child. CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK 32

After the Report ChildLine will immediately transmit oral or electronic reports they receive to the appropriate county agency and/or law enforcement official. CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK 33

Transmission of Reports If a person identified falls under the definition of perpetrator, ChildLine will refer the report to the appropriate county agency for an investigation If the person identified is not a perpetrator and the behavior reported includes an alleged criminal violation, ChildLine will refer the report to law enforcement officials If a person identified falls under the definition of perpetrator and the behavior reported includes a criminal violation, ChildLine will refer the report to the appropriate county agency and law enforcement officials

If a report indicates that a child may be in need of other protective services, ChildLine will refer the report to the proper county agency to assess the needs of the child and provide services, when appropriate. Transmission of Reports

ChildLine procedures provide that whenever the department or a county agency receives a report that includes an allegation of a crime against a child, the report should be immediately referred to the appropriate law enforcement officials If ChildLine receives a report from a county agency that includes an allegation of a crime against a child, ChildLine will confirm whether the county agency reported the allegation to the appropriate law enforcement official. If the county agency had not referred the allegation to the law enforcement officials, ChildLine will do so

Child Welfare Professional’s Role: Referral for Criminal Investigation If the report of suspected abuse is determined to be one that cannot be investigated because the person accused of the abuse is not a perpetrator, but it does suggest the need for a criminal investigation, the CCYA must immediately inform the appropriate law enforcement officials in accordance with the county protocols for multi- disciplinary investigative teams.

Child Welfare Professional’s Role: Receipt of Reports by a CCYA When a report is made directly to a CCYA and not ChildLine, after ensuring the safety of the child and any other child in the child’s home, the CCYA must immediately notify the department of the report. If the report was given over the phone, the CCYA must attempt to collect as much of the information listed in “contents of report” as possible. The information is then submitted to the department within 48 hours by written report or by electronic technologies, dependent upon the CCYA’s electronic capabilities.

Section 7: Child Welfare Professional’s Role CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK 39

Child Welfare Professional’s Role: Educating Others As a child welfare professional you interact with colleagues, professionals, and community members both in and outside of your professional role. In your interactions, you will have multiple opportunities to promote shared responsibility for the safety of children by educating others regarding reporting responsibilities, protections, and penalties. CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK 40

Check Your Understanding Nancy, from a local CCYA, interviewed Mr. Kelley, a school teacher. Mr. Kelley told Nancy that yesterday he reported another incident of suspected child abuse to his principal. He did not identify the child to Nancy. This conversation occurred after December 31, How should Nancy respond? a.Tell him that since she is a mandated reporter, she will report the incident. b.Say nothing. Mr. Kelley reported appropriately according to the law. c.Inform Mr. Kelley that he is required to report immediately and directly to ChildLine, and then inform the person in charge of the school.

How Did You Answer? You may have considered the following: Mr. Kelley is a teacher at a school Mr. Kelley reported the suspected child abuse to his principal The conversation occurred after December 31, 2014 Mandated reporters who work at institutions, schools, facilities, or agencies must report immediately and directly to ChildLine. As a child welfare professional, and a mandated reporter, Nancy needs to inform Mr. Kelley of his new responsibilities as a mandated reporter.

Summary Congratulations! You have successfully completed the online pre-work. Remember to bring any questions to the classroom session This pre-work was adapted from the online course, “Child Protective Services Law: An Update for Child Welfare Professionals” Additional information about identifying child abuse and neglect and reporting can also be found in “Recognizing and Reporting Child Abuse: Mandated and Permissive Reporting in Pennsylvania,” at CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK 43