Welcome to the online prework 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 ID: 141137
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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
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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 abuseDiscuss 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 reportersSection 2: Basis to reportSection 3: How to reportSection 4: Protections for reportersSection 5: Penalties for failure to report
Section 6: Transmission of reportsSection 7: Child welfare professional’s role
CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK
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Section 1: Types of Reporters
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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
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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 InfantsThe 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:
T
he mother’s illegal substance abuseWithdrawal symptoms resulting from prenatal drug exposureA
fetal alcohol spectrum disorder (FASD)
8
CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORKSlide9
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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CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORKSlide10
Health Care Providers Listed Under Pennsylvania Law
Physician
PodiatristOptometrist
Psychologist
Physical therapist
Certified nurse practitioner
Registered nurse
Nurse midwife
Physician’s assistant
Chiropractor
Dentist
Pharmacist
I
ndividual accredited or certified to provide behavioral health services
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CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORKSlide11
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 immediatelyS
ee 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
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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
CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK
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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
CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK
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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
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How Did You Answer?
You may have considered the following:Wes, as a CCYA caseworker, is a mandated reporterStan’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 abuseSlide17
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
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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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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 abuseWhen a report is made in “good faith
” a reporter is immune from civil or criminal liabilityMandated 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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CTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORKSlide24
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 InformationA 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
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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 Slide29
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
n
o more than $10,000 in finesSlide30
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
u
p to $25,000 in fines
Act 32 of 2014Slide31
Section 6: Transmission of Reports
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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 investigationIf 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 officialsSlide35
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 ReportsSlide36
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 Slide37
Child Welfare Professional’s Role:
Referral for Criminal InvestigationIf 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
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Child Welfare Professional’s Role:
Receipt of Reports by a CCYAWhen 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 d
epartment 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. Slide39
Section 7: Child Welfare
Professional’s RoleCTC Mod. 2: Identifying Child Abuse and Neglect: PRE-WORK
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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?
Tell him that since she is a mandated reporter, she will report the incident.
Say nothing. Mr. Kelley reported appropriately according to the law.
Inform Mr. Kelley that he is required to report immediately and directly to ChildLine, and then inform the person in charge of the school.Slide42
How Did You Answer?
You may have considered the following:Mr. Kelley is a teacher at a schoolMr. 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. Slide43
Summary
Congratulations! You have successfully completed the online pre-work. Remember to bring any questions to the classroom sessionThis 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
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