(a)
General rule.
(1) Under
23 Pa.C.S. §
6311
(relating to persons required to report suspected child abuse), licensed
professional counselors are considered mandated reporters. A mandated reporter
shall make a report of suspected child abuse in accordance with this section if
the mandated reporter has reasonable cause to suspect that a child is a victim
of child abuse under any of the following circumstances:
(i) The mandated reporter comes into contact
with the child in the course of employment, occupation and practice of the
profession or through a regularly scheduled program, activity or
service.
(ii) The mandated reporter
is directly responsible for the care, supervision, guidance or training of the
child, or is affiliated with an agency, institution, organization, school,
regularly established church or religious organization or other entity that is
directly responsible for the care, supervision, guidance or training of the
child.
(iii) A person makes a
specific disclosure to the mandated reporter that an identifiable child is the
victim of child abuse.
(iv) An
individual 14 years of age or older makes a specific disclosure to the mandated
reporter that the individual has committed child abuse.
(2) Nothing in this subsection shall require
a child to come before the mandated reporter to make a report of suspected
child abuse.
(3) Nothing in this
subsection shall require the mandated reporter to identify the person
responsible for the child abuse to make a report of suspected child
abuse.
(b)
Staff
members of public or private agencies, institutions and facilities.
Whenever a licensed professional counselor is required to make a report under
subsection (a) in the capacity as a member of the staff of a medical or other
public or private institution, school, facility or agency, that licensed
professional counselor shall report immediately in accordance with subsection
(c) and shall immediately thereafter notify the person in charge of the
institution, school, facility or agency or the designated agent of the person
in charge.
(c)
Reporting
procedure.
(1) A mandated reporter
shall immediately make a report of suspected child abuse to the Department of
Human Services by either:
(i) Making an oral
report of suspected child abuse by telephone to ChildLine at (800) 932-0313,
followed by a written report within 48 hours to the Department of Human
Services or the county agency assigned to the case in a manner and format
prescribed by the Department of Human Services. The written report submitted
under this subparagraph may be submitted electronically.
(ii) Making an electronic report of suspected
child abuse in accordance with
23 Pa.C.S. §
6305
(related to electronic reporting) through the Department of Human Service's
Child Welfare Information Solution self-service portal at
www.compass.state.pa.us/cwis.
A confirmation by the Department of Human Services of the receipt of a report
of suspected child abuse submitted electronically relieves the mandated
reporter of the duty to make an additional oral or written
report.
(2) A written or
electronic report of suspected child abuse must include the following
information, if known:
(i) The names and
addresses of the child, the child's parents and any other person responsible
for the child's welfare.
(ii) Where
the suspected child abuse occurred.
(iii) The age and sex of each subject of the
report.
(iv) The nature and extent
of the suspected child abuse, including any evidence of prior abuse to the
child or any sibling of the child.
(v) The name and relationship of each
individual responsible for causing the suspected abuse and any evidence of
prior abuse by each individual.
(vi) Family composition.
(vii) The source of the report.
(viii) The name, telephone number and e-mail
address of the person making the report.
(ix) The actions taken by the person making
the report, including actions taken under
23 Pa.C.S. §§
6314-6317.
(x) Other information required by Federal law
or regulation.
(xi) Other
information that the Department of Human Services may require by
regulation.
Notes
The
provisions of this § 49.52 adopted November 17, 2006, effective
11/18/2006, 36 Pa.B. 7022;
amended March 18, 2022, effective 3/19/2022, 52 Pa.B.
1608.
The provisions of this § 49.52 issued under
section 6(2) of the Social Workers, Marriage and Family Therapists and
Professional Counselors Act (63 P.S. §
1906(2)); and the Child
Protective Services Act, 23 Pa.C.S. Chapter 63; amended under section 6(2) of
the Social Workers, Marriage Family Therapists and Professional Counselors Act
(63
P.S. §
1906(2)); and
23 Pa.C.S. §§
6301-6388.
This section cited in 49 Pa. Code §
49.51 (relating to definitions
relating to child abuse reporting requirements); 49 Pa. Code §
49.53 (relating to photographs of
child subject to report); 49 Pa. Code §
49.55 (relating to immunity from
liability); 49 Pa. Code §
49.56 (relating to
confidentiality-waived); 49 Pa. Code §
49.57 (relating to noncompliance);
and 49 Pa. Code §
49.79 (relating to mandatory
reporting).
