Legalfocus
Mandatory Reporting Issues Under
Pennsylvania’s Child Protective Services Law
Pennsylvania’s
Child
Protective
Services Law (CPSL), 55 Pa. Code §
3490, et seq., was enacted to protect
abused children and preserve/stabilize
families by alerting appropriate law
enforcement agencies to investigate
and respond to suspected child abuse.
The law requires that “Required
Reporters” act to inform law
enforcement of suspected child abuse
and prioritizes law enforcement’s
response to best protect children at
risk. It is a zero tolerance law that
employers should understand.
Reporter has complied with the
law. Upon receipt of a report by phone,
ChildLine must immediately transmit
the report of suspected abuse to the
appropriate County Agency for
investigation, 55 Pa. Code § 3490.55(a).
The County Agency is required to begin
their investigation within 24 hours of
their receipt of that report. According
to 55 Pa. Code § 3490.55(d), the
County Agency’s investigation is
required to include interviews of all of
the following:
(1) The child, if appropriate.
Who, What, When, and How
Pennsylvania Code defines “Required
Reporters” to include anyone who, in
the course of their employment, comes
into contact with children and who has
a reasonable cause to suspect that a
child they see is a victim of child abuse,
55 Pa. Code § 3490.4. Required
Reporters are required to report
suspected child abuse to the
Pennsylvania Department of Public
Welfare (DPW) ChildLine at 800-9320313 or face a fine of up to $5,000 and
jail time. According to section 55 Pa.
Code § 3490.18, within 48 hours of the
call to ChildLine the Required Reporter
must also file a written report to the
County Children and Youth Agency
using form CY-47. The completed CY47 form is critical proof that a Required
(2) The child's parents or other
person responsible for the child's
welfare.
(3) The alleged perpetrator of the
suspected child abuse.
(4) The reporter of the suspected
child abuse, if known.
(5) Eyewitnesses to the suspected
child abuse.
(6) Neighbors and relatives who
may have knowledge of the abuse.
(7) Day care provider or school
personnel, or both, if appropriate.
Pursuant to 55 Pa. Code § 3490.40,
ChildLine is also required to send a
variety of notifications to all involved
informing them of their rights under
the CPSL. Under 55 Pa. Code §
3490.58 the County is also required to
make certain notifications within 72
hours to persons to be interviewed and
to the alleged perpetrator, including
notice that, if the report is determined
to be unfounded, the report will be
expunged from the record within 120
days.
Pursuant to 55 Pa. Code § 3490.32(e),
the County Agency is required to
submit their completed investigation
report, indicating that the report was
either founded or unfounded, back to
ChildLine within 30 calendar days of
when the written report was received at
ChildLine. If the County Agency
cannot complete the investigation in 30
days, the reasons therefore must be
documented and are subject to review
upon the County Agency’s annual
license review under 55 Pa. Code §
3490.42.
Under 55 Pa. Code §
3490.34(c) and (d), if ChildLine does
not receive a report back from the
County within 60 days, the report shall
be considered unfounded and within
120 days the report shall be expunged
from ChildLine’s records.
What Should Employers Do?
Employers should understand that the
CPSL is a zero tolerance law that
mandates reporting and investigations
by law enforcement to protect at risk
children. Fortunately, 24 Pa.C.S. § 121205.6, requires school entities and
independent contractors of school
entities who have direct contact with
children have “Act 126 child abuse
awareness” training. So, they are
trained in observation and reporting.
Employers should also be aware that a
“zero tolerance” law can create harsh
circumstances. It may be a respected
and beloved employee who has been
reported for investigation. If this happ-
-ens, the employer will struggle to
reconcile the allegations with their
feelings for their employee.
The
employer may provide information, like
this article, to the employee that
explains the law and the employee’s
rights. But, the employer should
understand that it is the employee, not
the employer/independent contractor,
who is being investigated. Further,
when all is said and done, the law
requires
the
expungement
of
unfounded reports within 120 days.
We are available if you need to know
more about Pennsylvania’s Child
Protective Services Law or Act 126
Training. Contact RC Kelly Law
Associates for assistance at 215-8963846 or [email protected].
1. Required Reporters
report suspected child
abuse to the (DPW)
ChildLine
2. Within 48 hours of
the call to ChildLine the
Required Reporter must
file a written report
3. Upon receipt of a
report by phone,
ChildLine immediately
transmits the report to
the County for
investigation
4. Investigation begins
within 24 hours of
their receipt of that
report
5. Within 72 hours
persons to be
interviewed and to the
alleged perpetrator are
notified
6. Completed
investigation report to
be submitted back to
ChildLine within 30
calendar days of when
the written report was
received
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publish the article in an upcoming article. Contact [email protected] or 215-896-3846