Complete Your CE Test Online - Click Here In such cases the following shall apply: 1. The county agency shall closely monitor the child and the child’s family and shall seek court-ordered medical intervention when the lack of medical or surgical care threatens the child’s life or long-term health. 2. All correspondence with a subject of the report and the records of the department and the county agency shall not reference child abuse and shall acknowledge the religious basis for the child’s condition. 3. The family shall be referred for general protective services, if appropriate. 4. This subsection shall not apply if the failure to provide needed medical or surgical care causes the death of the child. 5. This subsection shall not apply to any child-care service as defined in this chapter, excluding an adoptive parent. ● ● Use of force for supervision, control, and safety purposes. The use of reasonable force on or against a child by the child’s own parent or person responsible for the child’s welfare shall not be considered child abuse if any of the following conditions apply: ○ ○ The use of reasonable force constitutes incidental, minor, or reasonable physical contact with the child or other actions that are designed to maintain order and control. ○ ○ The use of reasonable force is necessary: ■ ■ To quell a disturbance or remove the child from the scene of a disturbance that threatens bodily injury to persons or damage to property. ■ ■ To prevent the child from self-inflicted physical harm. ■ ■ For self-defense or the defense of another individual. ■ ■ To obtain possession of weapons or other dangerous objects or controlled substances or paraphernalia that are on the child or within the control of the child. Example: In the grocery store, you witness a woman (parent) who is upset with her child for climbing on a half-empty shelf. The parent grabs the child’s arm, pulls the child down, and the child falls to the floor and sprains his or her ankle. This is not child abuse as the parent or caregiver is using “reasonable force” to prevent the child from several actions, including the self-inflicted harm of the child falling. Using reasonable physical contact to maintain order and control of their child is another condition that does not constitute abuse. Another example is a parent or caregiver who finds an illegal substance in their child’s room and when trying to remove the substance, the child becomes confrontational and a physical struggle arises between the two. The parent has to restrain the child and begins grabbing the child’s arms and hands. In the process, the child’s arm is cut by some means and the child begins to bleed. The parent or caregiver has not abused the child; they have used “reasonable force” to maintain order, to obtain possession of a controlled substance, and to prevent the child from self-inflicted harm of using the illegal substance. Finally, the physical contact between the two of them constitutes self-defense on the parent or caregiver’s part. It is important to note that only one condition has to be met, not all or more than one when discussing when the use of reasonable force is necessary. ● ● Rights of parents. Nothing in this chapter shall be construed to restrict the generally recognized existing rights of parents to use reasonable force on or against their children for the purposes of supervision, control, and discipline of their children. Such reasonable force shall not constitute child abuse. Example: Spanking a child is a perfect example of parental rights. Many people do not believe in spanking their child or any type physical discipline. It was not long ago, when spanking was a generally accepted method of discipline, there are those parents who believe a little spanking goes a long way in reprimanding your child. Today, not all parents agree on this issue, but in Pennsylvania we believe in the rights of parents to use reasonable force on or against their child in order to maintain control, to supervise, and to discipline. ● ● Participation in events that involve physical contact with child. An individual participating in a practice or competition in an interscholastic sport, physical education, a recreational activity, or an extracurricular activity that involves physical contact with a child does not, in itself, constitute contact that is subject to the reporting requirements of this chapter. Example: A 12 year old plays basketball with his team member at Church. These members are of all ages (adults and children). The 12 year old is hit by an adult and ends up with a broken nose. The individual that hit him is not abusing the 12 year old, he was playing a game that involves expected, physical contact. ● ● Child-on-child contact. Harm or injury to a child that results from the act of another child shall not constitute child abuse unless the child who caused the harm or injury is a perpetrator. Notwithstanding the above, the following shall apply: ○ ○ Acts constituting any of the following crimes against a child shall be subject to the standard reporting requirements outlined in this course: ■ ■ Rape as defined in 18 Pa.C.S. § 3121 (relating to rape); ■ ■ Involuntary deviate sexual intercourse as defined in 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse); ■ ■ Sexual assault as defined in 18 Pa.C.S. § 3124.1 (relating to sexual assault); ■ ■ Aggravated indecent assault as defined in 18 Pa.C.S. § 3125 (relating to aggravated indecent assault); ■ ■ Indecent assault as defined in 18 Pa.C.S. § 3126 (relating to indecent assault); ■ ■ Indecent exposure as defined in 18 Pa.C.S. § 3127 (relating to indecent exposure). Example: One child goes to his house. The two children begin to rough-house and wrestle and as a result one child, whose home it is, hurts the other child considerably. The boy’s mother finally separates the two but only after the visiting child has a fractured rib and bloody nose. The parent of the injured child insists this is a child abuse case because her child was in the care of another parent and their child hurt her child. This exclusion is not considered child abuse due to the fact that there is no perpetrator, only one child who hurt another child. In this situation, both of these children were participating in the rough-housing. ○ ○ No child shall be deemed to be a perpetrator of child abuse based solely on physical or mental injuries caused to another child in the course of a dispute, fight or scuffle entered into by mutual consent. Example: Two boys in a consensual fist fight after school does not deem either one of them a “perpetrator.” Example: A couple girls begin to argue over a boy and one of them starts to verbally abuse the other, calling the other girl such terrible names, she begins to cry. Though this may be modeling bad behavior, it is not classified as child abuse –neither girls are perpetrators and both entered into the argument of their own volition. ○ ○ A law enforcement official who receives a report of suspected child abuse is not required to make a report to the department under section 6334(a) (relating to disposition of complaints received), if the person allegedly responsible for the child abuse is a nonperpetrator child. Page 7