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.

2.1 General Purpose

CPSL establishes protective services in each county for the purpose of (PA Code, 2024, March 30):

1. Protecting abused children from further abuse.
2. Preserving and stabilizing families.
3. Implementing the CPSL.
4. Involving law enforcement agencies in responding to child abuse.
5. Prioritizing the response and services to children most at risk.
6. Encouraging more complete reporting of suspected child abuse.

2.2 Recent Amendments

Recent amendments relevant to child abuse recognition and reporting in Pennsylvania include:

• Act 115 of 2016 (relating to human trafficking)
• Act 54 of 2018 (relating to notification of substance-exposed infants by healthcare providers & plan of safe care)
• Act 88 of 2019 (relating to penalties for failure to report or refer)

2.3 Pennsylvania Child Welfare System

The Pennsylvania child welfare system is state-supervised and county-administered. County children-and-youth agencies (CCYAs) have two main functions:

1. Child Protective Services (CPS)—services and activities provided by DHS and each county agency for child abuse cases.
2. General Protective Services (GPS)—services and activities provided by each county agency for cases requiring protective services as defined by DHS in regulations

2.3.1 Child Protective Services (CPS)

Cases identified as “CPS” require an investigation because the alleged act or failure to act meets PA CPSL’s definition of child abuse. The PA CPSL recognizes 10 separate categories of child abuse.

Examples of CPS cases include:

1. Causing bodily injury to a child through any recent act or failure to act.
2. Causing sexual abuse or exploitation of a child through any act or failure to act.
3. Creating a reasonable likelihood of bodily injury to a child through any recent act or failure to act.
4. Creating a likelihood of sexual abuse or exploitation of a child through any recent act or failure to act.
5. 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.
6. 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.
7. Causing serious physical neglect of a child.
8. Engaging in a specific recent “per se” act*.
9. Causing the death of the child through any act or failure to act.
10. Engaging a child in a severe form of trafficking in persons or sex trafficking.

*Per se act: a certain act in which the act itself constitutes abuse without any resulting injury or condition.

2.3.2 General Protective Services (GPS)

General Protective Services (GPS) are services and activities 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.

Examples of GPS Cases—services to prevent the potential for harm to a child who meets one of the following conditions:

• Is without parental care or control, subsistence, education as required by law, or other care or control necessary for their physical, mental, or emotional health or morals.
• Has been placed for care or adoption in violation of law.
• Has been abandoned by their 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.
• Is under 10 years of age and has committed a delinquent act.
• Has committed a specific act of habitual disobedience of the reasonable and lawful commands of their parent, guardian, or other custodian and who is ungovernable and found to be in need of care, treatment, or supervision.
• 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.
• Has been referred under section 6323 of the Juvenile Act (relating to informal adjustment) and who commits an act which is defined as ungovernable.