On This Page
- What Is Mandatory Reporting?
- Who Are the Professionals Covered Under Mandatory Reporting Obligations in Pennsylvania?
- What Is Required By Law of Mandatory Reporters?
- What Are Signs of Abuse That Professionals Should Watch Out For?
- What Are Mandatory Reporting Obligations?
- What Are the Penalties for False Reporting in Pennsylvania?
- What Happens if a Mandatory Reporter Doesn’t Report Suspected Abuse?
- What Should I Do if I Need Help with a Child Sexual Abuse Case?
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What Is Mandatory Reporting?
Mandated reporting means that professionals who become aware of or suspect a child has been abused must immediately report that to Pennsylvania’s ChildLine, a 24/7 phone service set up to receive reports of child abuse. Once they’ve alerted ChildLine, the reporter must file a report with the child and youth agency in the relevant county.
Those reports must be filed within 48 hours of reporting the suspected abuse to ChildLine.
Who Are the Professionals Covered Under Mandatory Reporting Obligations in Pennsylvania?
Essentially, anyone who comes into contact with children as part of their job is considered a mandatory reporter. Pennsylvania law changed in 2014 and now includes the following as defined mandatory reporters.
- School employee. That includes teachers, of course, but it also includes anyone involved with children in any capacity, including youth camps, sports and athletic programs, after-school programs, outreach or enrichment programs, and troops or clubs.
- Any licensed or certified person who practices any health-related employment in Pennsylvania, including medical examiners or coroners, employees of healthcare facilities who work to admit, examine, or treat children, or emergency medical providers certified by the Pennsylvania Department of Health.
- Any person, whether an employee or volunteer, is involved in a regularly scheduled children’s program or activity and either is directly responsible for the child’s welfare or comes into direct contact with children through that program or activity.
- Childcare facility employees who come into direct contact with children at work.
- Social services employees who have direct contact with children.
- Law enforcement or peace officers, including the Attorney General or district attorney.
- Public library employees who have direct contact with children.
- Spiritual leaders of any established denomination or other religious organization that has contact with children (priest, rabbi, pastor, etc.).
- Foster parents.
- Adult family members who are responsible for the child’s welfare and care for a child in their home, community homes for children with intellectual disabilities, or host homes that are subject to licensure or supervision by the state.
The bottom line is that they are a mandatory reporter if someone has any official capacity for a child’s welfare or is in direct contact with children during their employment or volunteerism.
What Is Required By Law of Mandatory Reporters?
Pennsylvania expects anyone identified as a mandatory reporter to take their role seriously and report any suspected abuse immediately. More than 75% of the calls received by ChildLine are from mandatory reporters, and often, they’re the only ones reporting the suspected abuse. That means the child abuse might not be identified and the child protected if the mandatory reporter doesn’t call it in and file the required paperwork.
It’s a big responsibility, and it’s understandable that professionals may have concerns about falsely reporting abuse. However, the law is clear–if someone suspects abuse, even if they don’t have proof, it must be reported. The county and state agencies can then investigate and determine if abuse has occurred and take steps if it has.
What Are Signs of Abuse That Professionals Should Watch Out For?
There are many. Each child is unique, and what symptoms or behaviors they may show will vary from child to child. If you’re uncertain if the things you’re noticing could be signs of child sexual abuse, contact an experienced child sexual abuse attorney to learn whether there may be something going on that needs to be reported. This is not a comprehensive list, but it provides examples.
- Unexplained bruising or bleeding in the child’s genital area or on their clothes or sheets.
- Change in self-confidence, as in appearing more uncertain or less confident.
- Increased aggressive behaviors.
- Unexpected health symptoms such as stomachaches or headaches.
- Increased occurrence of nightmares
- Unwillingness to be alone at night or apparent lack of adequate sleep.
- Loss of interest in friends and activities they previously enjoyed.
- Change of eating habits, such as eating less.
- Being less social, such as talking less or indicating that they’re keeping secrets.
- Regressive behaviors such as returning to thumbsucking.
- Sexual knowledge or behavior that’s unusual for the child’s age.
- Refusing to change clothes for bathing or bedtime.
- Being unusually compliant.
- Scared to be left alone with specific people, especially if this is a behavior change.
When a child exhibits behaviors that are unusual for that child, the adults around them should take heed. That can make it difficult to diagnose; one child may never have given up sucking their thumb, but a child that had given it up and suddenly returns to it while perhaps showing some of the other symptoms should be a red flag for a mandatory reporter.
What Are Mandatory Reporting Obligations?
Mandatory reporting obligations are legal requirements that compel certain individuals, often those in positions of trust or authority, to report suspected cases of sexual abuse or assault. These individuals, known as mandatory reporters, can include teachers, healthcare professionals, social workers, and law enforcement officers. In Pennsylvania, the law is clear: if you suspect a child is being sexually abused or assaulted, you have a legal duty to report it. Mandatory reporting laws are designed to protect victims, particularly those who may be unable or afraid to report abuse themselves. They ensure that allegations of sexual abuse and assault are promptly investigated and that victims receive the necessary support and protection.
What Are the Responsibilities of Non-Professional Mandatory Reporters in Pennsylvania?
In Pennsylvania, mandatory reporting laws are not limited to professionals like teachers, healthcare workers, or law enforcement officers. Non-professional mandatory reporters, such as parents, guardians, or other adults who have responsibility for the care or treatment of minors, also have a legal obligation to report suspected sexual abuse or assault. For example, if you’re a parent who has noticed unusual behavior in your child’s friend during a sleepover at your house, you have a legal obligation to report your suspicions, even though you’re not a professional mandatory reporter.
How Do I Fulfill My Mandatory Reporting Obligations in Pennsylvania?
In Pennsylvania, if you’re a mandatory reporter and you suspect a child is being sexually abused or assaulted, you must immediately report your suspicions to a peace officer or to Child Protective Services. You don’t need to have proof of abuse or assault; a reasonable suspicion is enough. Consider a hypothetical scenario: imagine you’re a school counselor, and a student confides in you about an uncomfortable situation at home involving a family member. The student doesn’t explicitly say they’re being sexually abused, but you have a gut feeling that something isn’t right. In this case, your mandatory reporting obligations would require you to report your suspicions, even if you’re unsure.
What Happens If I Don’t Fulfill My Mandatory Reporting Obligations?
Failing to fulfill your mandatory reporting obligations in Pennsylvania can have serious consequences. If you’re a mandatory reporter and you knowingly fail to report suspected sexual abuse or assault, you could be charged with a misdemeanor or felony, depending on the severity of the oversight. This could result in fines, imprisonment, or both. Beyond the legal ramifications, failing to report can have devastating effects on the victim. The abuse or assault may continue, and the victim may suffer further harm. As a mandatory reporter, your role is crucial in ensuring the safety and well-being of those who may not be able to protect themselves.
What Are the Protections for Mandatory Reporters in Pennsylvania?
In Pennsylvania, mandatory reporters are protected by law when they make a report in good faith. This means that as long as you genuinely believe that a child is being sexually abused or assaulted, and you report this suspicion, you cannot be sued for defamation or false accusations. This protection is crucial, as it encourages individuals to come forward without fear of legal repercussions. Consider this scenario: you’re a teacher, and you notice one of your students has been acting withdrawn and anxious. They’ve also been coming to school with unexplained bruises. You report your concerns, but it turns out there was another explanation for the child’s behavior and injuries. In this case, even though your suspicions were incorrect, you would still be protected by law because you reported in good faith.
What Should I Do If I’m Unsure About My Reporting Obligations?
If you’re unsure about your reporting obligations, it’s always best to err on the side of caution and report your suspicions. However, if you’re still uncertain, consulting with a knowledgeable lawyer can provide clarity. They can help you understand the specifics of Pennsylvania’s mandatory reporting laws and guide you on the best course of action.
Can I Remain Anonymous When Reporting Suspected Abuse?
In Pennsylvania, you can choose to remain anonymous when reporting suspected sexual abuse or assault. However, as a mandatory reporter, it’s important to provide as much information as possible to aid the investigation. While your identity can be kept confidential, having your contact information can be helpful if further information is needed.
What Are the Penalties for False Reporting in Pennsylvania?
While the law in Pennsylvania encourages and protects good faith reporting of suspected sexual abuse or assault, it also takes false reporting seriously. If a mandatory reporter knowingly makes a false report, they could face legal consequences. This is to prevent misuse of the law and to protect individuals from false accusations.
What Happens if a Mandatory Reporter Doesn’t Report Suspected Abuse?
Pennsylvania takes this seriously. A mandatory reporter who suspects child sexual abuse and doesn’t report it could face misdemeanor charges in court. A first offense is a third-degree misdemeanor, and a conviction of that can result in a fine of up to $2,500 and/or up to one year in jail, while a subsequent offense can result in second-degree misdemeanor offenses with a fine of up to $5,000 and/or up to two years in jail.
What Should I Do if I Need Help with a Child Sexual Abuse Case?
Call Andreozzi + Foote at (866) 311-8640 for a free, confidential consultation. We understand how traumatic it can be to learn that your child has been the victim of sexual abuse. Our team of experienced, knowledgeable sexual abuse attorneys can help you determine if a professional required to report abuse was derelict in their duties and what action you can take.
