In 2011, the Pennsylvania General Assembly created the Task Force on Child Protection,which conducted a comprehensive review of the laws and procedures relating to the reporting of child abuse and the protection of the health and safety of children. More than 20 pieces of legislation were enacted by the Pennsylvania General Assembly as a result.
The new laws, which took effect on December 31, 2014, affect all aspects of child abuse and neglect cases, including reports, investigations, assessments, prosecutions, and related judicial proceedings. Definitions for perpetrator and mandatory reporter were updated and expanded, a streamlined reporting process was implemented, and rules for mandatory reporting were clarified. Revisions to the definition of child abuse and clarification of reporting requirements are seen as the most fundamental and substantive changes.
The Child Welfare Information Solution (CWIS), a case management database, was launched in 2015. It allows real-time electronic sharing of state and county information critical to administering the child welfare program. It has sped up the processes for both reporting child abuse and obtaining clearance verifications by those who work with children. ChildLine is the portal for new reports of suspected child abuse by mandated reporters.
The Pennsylvania child welfare system is state-supervised and county-administered. County children-and-youth agencies (CCYAs) have two main functions:
- Child Protective Services (CPS)
- General Protective Services (GPS)
2.1 Child Protective Services Law (CPSL)
The Pennsylvania Child Protective Services Law (CPSL) provides services for children and parents to ensure a child’s wellbeing. It establishes protective services in each county for the purpose of (PA Code, 2024, March 30):
- Protecting abused children from further abuse.
- Preserving and stabilizing families.
- Implementing the CPSL.
- Involving law enforcement agencies in responding to child abuse.
- Prioritizing the response and services to children most at risk.
- Encouraging more complete reporting of suspected child abuse.
2.1.1 Mandatory Notification of Substance Affected Infants by Health Care Providers & Plan of Safe Care (Act 54 of 2018)
Act 54 of 2018, consistent with the federal Child Abuse Prevention and Treatment Act (CAPTA), requires healthcare professionals—including those involved in the delivery or care of an infant or encountering an infant up to age one outside a hospital setting—to notify CPS of infants “born with and identified as being affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure”.
Under Act 54 of 2018, a healthcare provider shall immediately give notice—or cause notice to be given—to the Department if the provider is involved in the delivery or care of a child under one year of age and the healthcare provider has determined, based on standards of professional practice, the child was born affected by:
- Substance use or withdrawal symptoms resulting from prenatal drug exposure; or
- A Fetal Alcohol Spectrum Disorder.
A plan of safe care (POSC) is required to ensure the safety and well-being of the infant following his or her release from the care of healthcare providers, including through addressing the health and substance use disorder treatment needs of the infants and affected family or caregivers (CWIG, 2020).
This is a notable shift from the previous law, which limited notification to DHS to only those cases including illegal substance use and included an exception to reporting if the pregnant woman was receiving treatment for a substance use disorder. These changes will have significant impact on practice; the requirements regarding notification of infants born affected by substance use go beyond the use of opioids and apply to all infants born and identified as affected by substance use, whether legal or illegal substances.
Notification to the Department can be made to ChildLine, electronically through the Child Welfare Portal or at 1-800-932-0313. This notification is for the purpose of assessing a child and the child’s family for a Plan of Safe Care and shall not constitute a child abuse report.
2.1.2 Plan of Safe Care
After notification of a child born affected by substance use or withdrawal symptoms resulting from prenatal drug exposure or a fetal alcohol spectrum disorder:
- A multidisciplinary team meeting must be held prior to the child's discharge from the healthcare facility.
- The meeting will inform an assessment of the needs of the child and the child’s parents and immediate caregivers to determine the most appropriate lead agency for developing, implementing, and monitoring a Plan of Safe Care.
- The child's parents and immediate caregivers must be engaged to identify the need for access to treatment for any substance use disorder or other physical or behavioral health condition that may impact the safety, early childhood development and well-being of the child.
- Depending upon the needs of the child and parent(s)/caregiver(s), ongoing involvement of the county agency may not be required.
A multidisciplinary team (for the purpose of informing the Plan of Safe Care), may include public health agencies, maternal and child health agencies, home visitation programs, substance use disorder prevention and treatment providers, mental health providers, public and private children and youth agencies, early intervention and developmental services, courts, local education agencies, managed care organizations and private insurers, and hospitals and medical providers.
A healthcare provider is a licensed hospital or healthcare facility or person who is licensed, certified, or otherwise regulated to provide healthcare services under the laws of Pennsylvania, including a physician, podiatrist, optometrist, psychologist, physical therapist, certified nurse practitioner, registered nurse, nurse midwife, physician’s assistant, chiropractor, dentist, pharmacist, or an individual accredited or certified to provide behavioral health services.
2.2 Child Protective Services (CPS)
(Services and activities provided by DHS and each county agency for child abuse cases).
Child Protective Services (CPS) in Pennsylvania is a government agency responsible for investigating allegations of child abuse or neglect and providing interventions that ensure the safety and well-being of children. CPS receives reports of suspected child abuse or neglect from mandated reporters, such as teachers, doctors, and law enforcement, as well as from concerned citizens. Upon receipt of a report, CPS will investigate to determine if abuse or neglect has occurred and to assess the safety of the child.
The Pennsylvania Child Protective Services Law (CPSL) (23 Pa.C.S. Chapter 63, Child Protective Services) was established in 1975 to protect children from abuse, allow the opportunity for healthy growth and development, and preserve and stabilize the family whenever possible. The PA CPSL does not restrict the generally recognized existing rights of parents to use reasonable supervision and control when raising their children.
Recent amendments to the PA CPSL relevant to child abuse recognition and reporting:
- Act 115 of 2016 (relating to human trafficking)
- Act 54 of 2018 (relating to notification of substance affected infants by healthcare providers & plan of safe care)
- Act 88 of 2019 (relating to penalties for failure to report or refer)
If abuse or neglect is confirmed, CPS can take various steps to protect the child. This can include removing the child from the home and placing them in foster care or placing the child with a relative. CPS also provides support services to families to help them address the issues that led to the abuse or neglect.
In Pennsylvania, CPS is part of the Department of Human Services (DHS) and operates through a county-based system. The Pennsylvania child welfare system is state-supervised and county-administered. Each county has its own CPS agency, which is responsible for investigating reports of child abuse or neglect within its jurisdiction.
Title 55 Public Welfare, Chapter 3490, subchapter A describes the provisions of Child Protective Services. It includes regulations related to reporting, departmental and county responsibilities, confidentiality, general requirements, and verification of child abuse and student abuse for childcare services and school employees. You can access more information here or here.
Cases identified as “CPS” require an investigation because the alleged act or failure to act meets the PA CPSL’s definition of child abuse. The PA CPSL’s definition of child abuse recognizes 10 separate categories of child abuse. Examples of CPS cases:
- Causing bodily injury to a child through any recent act or failure to act.
- Fabricating, feigning or intentionally exaggerating or inducing a medical symptom or disease which results in a potentially harmful medical evaluation or treatment to the child through any recent act.
- Causing or substantially contributing to serious mental injury to a child through any act or failure to act or a series of such acts or failures to act.
- Causing sexual abuse or exploitation of a child through any act or failure to act.
- Creating a reasonable likelihood of bodily injury to a child through any recent act or failure to act.
- Creating a likelihood of sexual abuse or exploitation of a child through any recent act or failure to act.
- Causing serious physical neglect of a child.
- Engaging in a specific recent “per se” act.
- Causing the death of the child through any act or failure to act.
- Engaging a child in a severe form of trafficking in persons or sex trafficking.
2.3 General Protective Services (GPS)
General Protective Services (GPS) is a program in Pennsylvania that provides protection and services to vulnerable children who may be at risk of abuse, neglect, or exploitation. The program is administered by the Pennsylvania Department of Human Services. Each county agency is responsible for administering a GPS program.
GPS services and activities are provided by each county agency for cases requiring protective services as defined by DHS in regulations. Cases identified as “GPS” require an assessment for services and supports. In these cases, the alleged act or failure to act may not meet the definition of child abuse but is still detrimental to a child. The primary purpose of GPS is to protect the rights and welfare of children so that they have an opportunity for healthy growth and development.
GPS provides protection and assistance to individuals who are not in immediate danger but may be living in unsafe or unstable conditions. Services can include education in parenting skills, counseling, emergency caretaker services, shelter care, and medical services, part-day services, and out-of-home placement services. Therapeutic activities are also available for the child and family directed at alleviating conditions that present a risk to the safety and well-being of a child.
The program is available to children, and it is typically initiated when someone makes a report of suspected abuse, neglect, or exploitation to the Pennsylvania ChildLine or Adult Protective Services hotline. A GPS caseworker investigates the report and determines if services are needed.
55 PA. CODE § 3490.223. General protective services—Services to prevent the potential for harm to a child who meets one of the following conditions:
- Is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his physical, mental, or emotional health, or morals.
- Has been placed for care or adoption in violation of law.
- Has been abandoned by his parents, guardian, or other custodian.
- Is without a parent, guardian, or legal custodian.
- Is habitually and without justification truant from school while subject to compulsory school attendance.
- Has committed a specific act of habitual disobedience of the reasonable and lawful commands of his parent, guardian, or other custodian and who is ungovernable and found to be in need of care, treatment or supervision.
- Is under 10 years of age and has committed a delinquent act.
- Has been formerly adjudicated dependent under section 6341 of the Juvenile Act (relating to adjudication), and is under the jurisdiction of the court, subject to its conditions or placements and who commits an act which is defined as ungovernable in subparagraph (vi).
- Has been referred under section 6323 of the Juvenile Act (relating to informal adjustment), and who commits an act which is defined as ungovernable in subparagraph (vi).
2.4 Reports: GPS vs. CPS
In Pennsylvania a distinction is made between child protective services (CPS) and general protective services (GPS). Reports that involve non-serious injury or neglect are treated by the agency as General Protective Service (GPS) cases and can include inadequate shelter, truancy, inappropriate discipline, hygiene issues, abandonment, lack of appropriate supervision, or other problems that threaten a child’s opportunity for healthy growth and development. GPS services are intended to help parents recognize and correct conditions that are harmful to their children.
Child Protective Services (CPS) cases require that the alleged abuse falls under the definition of child abuse as provided in the Child Protective Services Law. As a reporter of suspected abuse or neglect, it is not necessary to know if the child and family in question might need CPS or GPS. If you have reasonable cause to suspect child abuse, make the report! Child welfare professionals who staff ChildLine are trained to take the information and make the proper referrals.
There were 39,093 reports of suspected child abuse received in 2022, as opposed 38,013 reports received in 2021. This increase was anticipated, as OCYF has been observing these increases following the significant decrease in the total suspected reports attributed to the COVID-19 pandemic, and the reduced contact between children and mandated reporters during that time. These totals still remain lower than in the year prior to the pandemic (PDHS, 2023, May).
The percent of reports of suspected child abuse that were substantiated decreased from 13.2% in 2021 to 12.8% in 2022. Statewide substantiated reports of child abuse increased from 1.9 per thousand children in 2021 to 1.8 per thousand children in 2022 (PDHS, 2024, May).
Sexual abuse remains the leading category of abuse, followed by physical abuse. Parents continue to be the ones most responsible for abuse of their children (PDHS, 2023. May).
Amendments to the Child Protective Services Law, effective in December 2014, have driven increases in reports of child abuse. These amendments increased the number of mandated reporters of child abuse and added additional persons who could be identified as perpetrators of child abuse.
From: PA Department of Human Services, 2023, May. Public domain.
Establishment of Statewide toll-free telephone number (23 Pa.C.S. § 6332)—The Statewide toll-free telephone number is available for all persons, whether mandated by law or not, to use to report cases of suspected child abuse or children allegedly in need of general protective services.