Complete Your CE Test Online - Click Here Mandated reporters The Child Protective Services Law expanded the list of mandated reporters of suspected child abuse. An individual identified as a mandated reporter commits an offense if they fail to report suspected child abuse or neglect immediately. The list of these mandatory reporters will be discussed later in this course. Whistleblower protection The Child Protective Services provides persons required to report suspected child abuse protection from employment discrimination. Governor Corbett signed this act into law April 15. This law took effect December 31, 2014. DEFINITIONS RELATED TO THE CHILD PROTECTIVE SERVICES LAW Child An individual under the age of 18. Child abuse Child abuse in Pennsylvania, according to the CPSL, means intentionally, knowingly or recklessly doing any of the following: 1. Causing bodily injury to a child through any recent act (abuse within the last 2years) or failure to act (not doing anything to prevent the abuse). 2. Fabricating, feigning or intentionally exaggerating or inducing a medical symptom or disease which results in a potentially harmful medical evaluation or treatment to the child through any recent act. 3. Causing or substantially contributing to serious mental injury to a child through any act or failure to act or a series of such acts or failures to act. Example: Berating a child verbally in public places in front of others. 4. Causing sexual abuse or exploitation of a child through any act or failure to act. Example: You allow a predator to sexually abuse a child. 5. Creating a reasonable likelihood of bodily injury to a child through any recent act or failure to act. Example: a parent leaves their small child in the car, with the windows up on a hot day,while in the grocery store for an hour. 6. Creating a likelihood of sexual abuse or exploitation of a child through any recent act or failure to act. Example: Leaving a child alone in the presence of a registered sexual predator. 7. Causing serious physical neglect of a child. Example: Not providing food or water to a child. 8. Engaging a child in a severe form of trafficking in persons or sex trafficking, as those terms are defined under section 103 of the Trafficking Victims Protection Act of 2000. 9. Engaging in any of the following recent acts: i. Kicking, biting, throwing, burning, stabbing or cutting a child in a manner that endangers the child. ii. Unreasonably restraining or confining a child, based on consideration of the method, location or the duration of the restraint or confinement. Example: Keeping a child locked in a closet or isolated room as punishment for misbehaving. iii. Forcefully shaking a child under one year of age. iv. Forcefully slapping or otherwise striking a child under one year of age. v. Interfering with the breathing of a child. vi. Causing a child to be present at a location while a violation of 18 Pa.C.S. § 7508.2 (relating to operation of methamphetamine laboratory) is occurring, provided that the violation is being investigated by law enforcement. vii. Leaving a child unsupervised with an individual, other than the child’s parent, who the actor knows or reasonably should have known: A. Is required to register as a Tier II or Tier III sexual offender under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders), where the victim of the sexual offense was under 18 years of age when the crime was committed. B. Has been determined to be a sexually violent predator under 42 Pa.C.S. § 9799.24 (relating to assessments) or any of its predecessors. C. Has been determined to be a sexually violent delinquent child as defined in 42 Pa.C.S. § 9799.12 (relating to definitions). 10. Causing the death of the child through any act or failure to act. 11. Restatement of culpability.--Conduct that causes injury or harm to a child or creates a risk of injury or harm to a child shall not be considered child abuse if there is no evidence that the person acted intentionally, knowingly or recklessly when causing the injury or harm to the child or creating a risk of injury or harm to the child. “Perpetrator” is defined in section 6303 of the Child Protective Services Law as: A person who has committed child abuse. The following shall apply: The term includes only the following: ○ ○ A parent of the child. ○ ○ A spouse or former spouse of the child’s parent. ○ ○ A paramour or former paramour of the child’s parent. ○ ○ A person 14 years of age or older and responsible for the child’s welfare. ○ ○ An individual 14 years of age or older who resides in the same home as the child. ○ ○ An individual 18 years of age or older who does not reside in the same home as the child but is related within the third degree of consanguinity or affinity by birth or adoption to the child. Because of the increased focus on human trafficking, in 2016, the definitions of a perpetrator was expanded by Act 115 which amended Title 23 (Domestic Relations) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes to include: ● ● An individual 18 years of age or older who engages a child in severe forms of trafficking in persons or sex trafficking as those terms are defined under section 103 of the Trafficking Victims Protection Act of 2000. Note: Relations within the third degree of consanguinity include: 1. Child’s parents. 2. Child’s brothers/sisters. 3. Child’s nephews/nieces. 4. Child’s grand nephews/nieces. 5. Child’s grandparents. 6. Child’s aunts and uncles. 7. Child’s first cousins. 8. Child’s great grandparents. 9. Child’s great aunts and uncles. 10. Child’s great-great grandparents. A modification to Title 23 of the Pennsylvania Consolidated Statute instituted when the 2015 Act 15 was passed. This act modified the definition of a perpetrator to include: ● ● A person of 14 years of age or older and responsible for the child’s welfare or having direct contact with children as an employee of child-care services, a school or through a program, activity or services. Page 4 nursing.elitecme.com