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OF ALLENTOWN Reporting of Child Abuse And The Child Protective Services
Law of PennsylvaniaNew amendments to the
Child Protective Services Law (CPSL) take effect on May 28, 2007 in Pennsylvania.
These amendments establish important requirements for those who work with children
in reporting suspected child abuse. The amendments also make failure to report
child abuse a crime. This is a summary of recommendations issued by the
Pennsylvania Catholic Conference. It is based on their understanding of the mandates
of the CPSL and how Church personnel can comply with the law. It is important
to remember that "child abuse" is not limited to sexual abuse alone.
It includes inflicting or creating an imminent risk of physical injury, metal
injury, sexual abuse, or harmful physical neglect. A "child" is any
individual who is under the age of 18. Adherence by Church personnel in
the Diocese of Allentown to the expanded reporting mandates is a vital part of
the Church's efforts to prevent the abuse of children. The Diocese of Allentown
urges that all Church personnel resolve any questions about the interpretation
of the law in favor of reporting. Those who
are mandated as reporters under the law · The CPSL imposes
the child abuse reporting mandate on any individual who comes into contact with
children in the course of his or her work or professional practice and has "reasonable
cause to suspect" that the minor has been abused. · Among the
occupations specifically listed in CPSL as mandated reporters are many associated
with Catholic institutions: clergy, teachers, day-care personnel, social service
workers, school administrators, school nurses, foster-care workers, health care
personnel and mental health workers. · Other types of Church personnel
who should be considered mandated reporters are parish and school administrative
personnel, music ministers, child-care personnel, youth ministers, athletic coaches,
food service personnel, classroom aides and playground monitors. ·
Non-paid and voluntary personnel who perform services for the Church should also
consider themselves to be mandated reporters if they come into contact with children
during the course of their volunteer Church work. · The reporting
mandate is restricted to those children with whom the mandated reporter comes
into contact through work or through the institution with which the reporter is
associated. The abused child must actually be "under the care, supervision,
guidance or training of [the mandated reporter] or of an agency, institution,
organization or other entity with which that person is affiliated." ·
Examples of children considered by the CPSL to be under the care or supervision
of a Church entity would include school and CCD students, children enrolled in
child-care programs, children being "babysat" during worship services
or gatherings, children participating in Church-related youth ministries or sports
programs, Catholic Charities' clients and health care patients. ·
A mandated reporter need not make a first-hand observation of the suspected childe
abuse victim. Second-hand reports of abuse must be reported to the proper authorities
if the mandated reporter has "reasonable cause to suspect" that child
abuse has occurred. Important clarifications
to the law · The CPSL specifically grants legal immunity
to any individual who, in good faith, makes a report of suspected child abuse.
·
Members of the clergy are not permitted by Church law and are not required by
Pennsylvania law to report information received privately during sacramental confession
or spiritual counseling. · The mandate to report applies to all suspected
child abuse, not just abuse that has been perpetrated by Church personnel. Possible
abusers could include, for example, parents, relatives, older siblings, neighbors,
youth group or sports leaders, family friends and other children. General
Reporting Procedures Church personnel should make the required
reports whenever they have any cause to suspect that child abuse has occurred.
Those who serve in staff positions in any Church-related institution are obligated
to immediately notify the person in charge of the institution when child abuse
is suspected. It then becomes the obligation of the person in charge of the institution
to see to it that a report is made to the proper civil authorities. Reports
of child abuse are to be made immediately to the 24-hour Child Abuse Hot
Line. The toll-free number is 1-800-932-0313. This should be followed by
a report to the Diocesan Attorney, Joseph F. Leeson, Jr. at 610-691-3320.
A written report is to be made within 48 hours of the telephone report
and sent to the child protective services agency in the county in which the abuse
occurred. Guidelines for the written report are available from the Department
of Public Welfare (DPW). While an online copy of the DPW form for making a written
report has not been available to date on DPW web sites, one private web site does
contain a copy of the for. See: http://www.pennslvaniafamilysupportalliance.org/cy47.pdf.
The administrator making the report to the civil authorities should promptly notify
the staff personnel who brought the matter to the attention of the institution
that a report has been made. The addresses and phone numbers of the county
children and youth agencies throughout the Commonwealth are found at this web
site: http://ww.dpw.state.pa.us/Child/ChildAbuseNeglect/003670355.apx
The Pennsylvania Department of Public Welfare's web page relating generally to
the reporting of Child Abuse can be found at: http://www.dpw.state.pa.us/Child/ChildAbuseNeglect/003671030.htm Reporting
of Abuse by School Employees While school employees and administrators
(which include pastors who oversee parochial schools) are required to follow the
general reporting mandates of the CPSL, they are also subject to different reporting
procedures when the perpetrator is another individual who works in the school.
School employees are required to report to their school administrator if they
suspect that a student has been abused by a fellow school employee. The school
administrator is then required to immediately report the suspected abuse to both
local law enforcement officials and to the district attorney. If the suspected
perpetrator is the administrator to whom the report would ordinarily be made,
then the school employee is to bypass the administrator and immediately report
the suspected abuse to both local law enforcement officials and to the district
attorney. Abuse by a school employee should also be reported to the 24-hour
Child Line and to the county child protective services agencies.

Post Office Box F Allentown, PA 18105-1538
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