Reporting Child Abuse in Pennsylvania

The recent firestorm of publicity about the events at Penn State sent me looking in this unfamiliar field for what each of us should know about child abuse, and about our obligations to report it and help prevent it.  Here’s what I found.

Child abuse generally can involve physical injury, mental injury, or sexual abuse or exploitation of someone under the age of 18.  And of course it may in the same incident involve all three of these types of abuse.  Abuse may involve affirmative acts to injure, but also includes, in the words of the reporting law, “[s]erious physical neglect by a perpetrator constituting prolonged or repeated lack of supervision or the failure to provide essentials of life, including adequate medical care, which endangers a child's life or development or impairs the child's functioning.” 

What is the extent of the problem?  According to the 2010 Annual Child Abuse Report published by the Pennsylvania Department of Public Welfare, in the year 2010 in Pennsylvania:

·     24,615 reports of suspected child and student abuse were received

·     3,656 reports of suspected child and student abuse were substantiated

·     Sexual abuse was involved in 54 percent of all substantiated reports

·     Law enforcement officials received 8,654 reports for possible criminal investigation and prosecution; this represents 35 percent of all reports

·     2,438, or 67 percent, of substantiated reports involved girls; while 1,217, or 33 percent, of substantiated reports of abuse involved boys

·     1,574, or 80 percent, of sexually abused children were girls; while 389, or 20 percent, of sexually abused children were boys

·     There were 3,569 perpetrators; eleven percent of the perpetrators had been a perpetrator in at least one prior substantiated report; 3,161, or 89 percent, of the perpetrators were reported for the first time.  61 percent of the perpetrators had a parental relationship to the child.

·     In 2010, 33 Pennsylvania children died from abuse

Of course these statistics do not tell the whole story.  These are only the incidents that were reported, either to the police or to the Department’s ChildLine and Abuse Registry.  With no prying eyes to witness the acts in most cases, how many thousands of abuse incidents went unreported?

With such a large percentage of abuse occurring at the hands of parents, who besides a parent should be reporting on suspected abuse of a child?  Most people find it easy to embrace the idea that if we see abuse occurring, then we should act in some way.  But realistically, how many of us will directly interfere with a parent publicly disciplining a child, say in a grocery store, when we view their discipline efforts as “over the line”?  It is much easier to engage in theory, dealing only with the hypothetical issue in the comfort of our home, than when we see the actual incident in public and must choose whether to intervene, and how to intervene.  For most of us, there is no law that says we must intervene.  There is just conscience.

The Pennsylvania Reporting Law:   In 1975 Pennsylvania enacted a law that requires people in specific job situations to report suspected abuse.  The law has been expanded since that time, to try to expand the reporting requirements and so help to reach more children in need. 

Who Must Report?  The general rule provided by that law is that “A person who, in the course of employment, occupation or practice of a profession, comes into contact with children shall report or cause a report to be made… when the person has reasonable cause to suspect … that a child under the care, supervision, guidance or training of that person or of an agency, institution, organization or other entity with which that person is affiliated is a victim of child abuse, …” 

That general provision is largely limited by the next paragraph, which specifically identifies professions who come into contact with children:

“Persons required to report … include, but are not limited to, any licensed physician, osteopath, medical examiner, coroner, funeral director, dentist, optometrist, chiropractor, podiatrist, intern, registered nurse, licensed practical nurse, hospital personnel engaged in the admission, examination, care or treatment of persons, Christian Science practitioner, member of the clergy, school administrator, school teacher, school nurse, social services worker, day-care center worker or any other child-care or foster-care worker, mental health professional, peace officer or law enforcement official.”

Who May Report?  If your profession is listed, then you have a legal obligation to report suspected abuse.  If your profession is not listed, then you likely have no legal obligation to report abuse.  However, anyone is permitted to report abuse that they witness or suspect. 

How do you report abuse?  If you are in one of the listed professions, then you “immediately notify the person in charge of the institution, school, facility or agency or the designated agent of the person in charge.”  Reports must be made immediately by telephone and in writing within 48 hours after the oral report.

Once you make that initial report to the person in charge, then “the person in charge or the designated agent, if any, shall assume the responsibility and have the legal obligation to report or cause a report to be made.”  Once you report the matter to your superior, you have done your legal duty.  

Penalties for Failure to Report:  A person required to report who fails to do so commits a misdemeanor of the third degree (first violation) and a misdemeanor of the second degree (subsequent violation).  In Pennsylvania, a 3rd degree misdemeanor can result at the most in a one year jail sentence and a $2500 fine; for a 2nd degree misdemeanor:  up to 2 years in jail and a $5,000 fine. 

Whistleblower Protection:  There is so-called “whistleblower” protection for you once you report an incident:  Any person who is required to report and who, in good faith, makes or causes the report to be made and, as a result, is discharged from his employment or in any other manner is discriminated against with respect to compensation, hire, tenure, terms, conditions or privileges of employment, may sue for appropriate relief, including reinstatement with back pay. 

Who should I call if I suspect possible child abuse?  The law specifically provides that any other person may make a report if that person has reasonable cause to suspect that a child is an abused child.  How do you do so?  Any of the following ways:

·      Call the Pa. Department of Public Welfare’s ChildLine and Abuse Registry at 1-800-932-0313.

·      Individual counties have their own offices and reporting requirements.  For your county, look for the “Children & Youth Services” agency.  In Delaware County, the hotline numbers are as follows:

o     Upper Darby Office: 610-713-2000

o     Chester Office: 610-447-1000

o     Sexual Abuse Center: 610-891-5258

·      Call the local police in the jurisdiction where the suspected abuser lives.

How else can I help?  If you do not know of any child abuse, but you want to help make a difference in some way, you may want to contribute to the fundraising campaign that kicked off in response to the Penn State incident.  Go here for more information:  http://www.rainn.org/ProudPSUforRAINN

It is hard to understand the mindset of a person who would injure or abuse a child.  We do not need to understand them, but we do need to look out for the best interests of the child in that situation when the person entrusted with their care or protection not only fails them, but in fact is their tormentor and abuser.  If we don’t, then who will? 

That's the lesson we can take from the recent events, and it is the silver lining if, as a result of that publicity, more of us know what is required of us, and where to turn for professional assistance, and if we act as our conscience dictates.