How Do Mandatory Reporting Obligations Impact Professionals in Pennsylvania?

What Is Mandatory Reporting?

Mandated reporting means that professionals who become aware of or suspect a child has been abused must immediately report that to Pennsylvania’s ChildLine, a 24/7 phone service set up to receive reports of child abuse. Once they’ve alerted ChildLine, the reporter must file a report with the child and youth agency in the relevant county.

Those reports must be filed within 48 hours of reporting the suspected abuse to ChildLine.

Who Are the Professionals Covered Under Mandatory Reporting Obligations in Pennsylvania?

Essentially, anyone who comes into contact with children as part of their job is considered a mandatory reporter. Pennsylvania law changed in 2014 and now includes the following as defined mandatory reporters.

• School employee. That includes teachers, of course, but it also includes anyone involved with children in any capacity, including youth camps, sports and athletic programs, after-school programs, outreach or enrichment programs, and troops or clubs. 
• Any licensed or certified person who practices any health-related employment in Pennsylvania, including medical examiners or coroners, employees of healthcare facilities who work to admit, examine, or treat children, or emergency medical providers certified by the Pennsylvania Department of Health.
• Any person, whether an employee or volunteer, is involved in a regularly scheduled children’s program or activity and either is directly responsible for the child’s welfare or comes into direct contact with children through that program or activity. 
• Childcare facility employees who come into direct contact with children at work.
• Social services employees who have direct contact with children.
• Law enforcement or peace officers, including the Attorney General or district attorney.
• Public library employees who have direct contact with children.  
• Spiritual leaders of any established denomination or other religious organization that has contact with children (priest, rabbi, pastor, etc.). 
• Foster parents.
• Adult family members who are responsible for the child’s welfare and care for a child in their home, community homes for children with intellectual disabilities, or host homes that are subject to licensure or supervision by the state. 

The bottom line is that they are a mandatory reporter if someone has any official capacity for a child’s welfare or is in direct contact with children during their employment or volunteerism. 

What Is Required By Law of Mandatory Reporters?

Pennsylvania expects anyone identified as a mandatory reporter to take their role seriously and report any suspected abuse immediately. More than 75% of the calls received by ChildLine are from mandatory reporters, and often, they’re the only ones reporting the suspected abuse. That means the child abuse might not be identified and the child protected if the mandatory reporter doesn’t call it in and file the required paperwork.

It’s a big responsibility, and it’s understandable that professionals may have concerns about falsely reporting abuse. However, the law is clear–if someone suspects abuse, even if they don’t have proof, it must be reported. The county and state agencies can then investigate and determine if abuse has occurred and take steps if it has.

What Are Signs of Abuse That Professionals Should Watch Out For?

There are many. Each child is unique, and what symptoms or behaviors they may show will vary from child to child. If you’re uncertain if the things you’re noticing could be signs of child sexual abuse, contact an experienced child sexual abuse attorney to learn whether there may be something going on that needs to be reported. This is not a comprehensive list, but it provides examples.

• Unexplained bruising or bleeding in the child’s genital area or on their clothes or sheets.
• Change in self-confidence, as in appearing more uncertain or less confident.
• Increased aggressive behaviors.
• Unexpected health symptoms such as stomachaches or headaches.
• Increased occurrence of nightmares
• Unwillingness to be alone at night or apparent lack of adequate sleep.
• Loss of interest in friends and activities they previously enjoyed. 
• Change of eating habits, such as eating less.
• Being less social, such as talking less or indicating that they’re keeping secrets.
• Regressive behaviors such as returning to thumbsucking. 
• Sexual knowledge or behavior that’s unusual for the child’s age.
• Refusing to change clothes for bathing or bedtime.
• Being unusually compliant.
• Scared to be left alone with specific people, especially if this is a behavior change.

When a child exhibits behaviors that are unusual for that child, the adults around them should take heed. That can make it difficult to diagnose; one child may never have given up sucking their thumb, but a child that had given it up and suddenly returns to it while perhaps showing some of the other symptoms should be a red flag for a mandatory reporter.

What Happens if a Mandatory Reporter Doesn’t Report Suspected Abuse?

Pennsylvania takes this seriously. A mandatory reporter who suspects child sexual abuse and doesn’t report it could face misdemeanor charges in court. A first offense is a third-degree misdemeanor, and a conviction of that can result in a fine of up to $2,500 and/or up to one year in jail, while a subsequent offense can result in second-degree misdemeanor offenses with a fine of up to $5,000 and/or up to two years in jail.

What Should I Do if I Need Help with a Child Sexual Abuse Case?

Call Andreozzi + Foote at 866-311-8640 for a free, confidential consultation. We understand how traumatic it can be to learn that your child has been the victim of sexual abuse. Our team of experienced, knowledgeable sexual abuse attorneys can help you determine if a professional required to report abuse was derelict in their duties and what action you can take.