Mandated reporters - Pennsylvania Child Welfare Resource Center

Report
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
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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
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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:
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Section 1: Types of Reporters
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Two Types of Reporters
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.
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.
CTC Mod. 2: Identifying Child Abuse and Neglect:
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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
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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)
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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
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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
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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
CTC Mod. 2: Identifying Child Abuse and Neglect:
PRE-WORK
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Section 2: Basis to Report
In what circumstances and situations is a
mandated reporter required to report?
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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
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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
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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?
YES
NO
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
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Section 3: How to Report
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Reporting to ChildLine
Permissive reporters are encouraged to report by telephone to
ChildLine
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Neglect: PRE-WORK
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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.
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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.
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Section 4: Protections for Reporters
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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
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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.
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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.
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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.
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Section 5: Penalties for Failure to
Report
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Consequences for Failure to Report
• 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
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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.
Maximum penalty
associated with
committing a
misdemeanor of the
first degree in
Pennsylvania
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.
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.
Act 32 of 2014
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
Section 6: Transmission of Reports
CTC Mod. 2: Identifying Child Abuse and Neglect:
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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.
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After the Report
ChildLine will immediately
transmit oral or electronic
reports they receive to the
appropriate county
agency and/or law
enforcement official.
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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
Transmission of Reports
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 multidisciplinary 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 and submit
the information to the department within 48 hours
by written report or by electronic technologies.
Section 7: Child Welfare Professional’s
Role
CTC Mod. 2: Identifying Child Abuse and Neglect:
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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.
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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, 2014.
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
• For your reference, clicking on the law icon below will take
you to the complete CPSL
• 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 www.reportabusepa.pitt.edu
CTC Mod. 2: Identifying Child Abuse and Neglect:
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