A perpetrator is an individual who has committed child abuse as defined under section 6303(b.1) of the PA CPSL (relating to definitions).The term only includes the following (KKSP, 2023):
- The child’s parent.
- A spouse or former spouse of the child’s parent.
- A paramour or former paramour of the parent.
- A person 14 years of age or older responsible for the child’s welfare or having direct contact with children as an employee of child-care services, a school, or through a program, activity, or service.
- An individual 14 years of age or older who resides in the same home as the child.
- An individual 18 years of age or older who does not reside in the same home as the child but is related within the third degree of consanguinity* or affinity by birth or adoption to the child.
- An individual 18 years of age or older who engages a child in severe forms of trafficking or sex trafficking, as those terms are defined under section 103 of the Trafficking Victims Protection Act of 2000.
*Consanguinity: a blood relation, someone descended from the same ancestor as another person.
Only the following may be considered a perpetrator for failing to act:
- A parent of the child.
- A spouse or former spouse of the parent.
- A paramour or former paramour of the parent.
- A person 18 years of age or older who is responsible for the child's welfare or who resides in the same home as the child.
Did You Know. . .
When a healthcare provider makes a report of suspected abuse, he or she should avoid referring to the person who is suspected of child abuse as a perpetrator—it is a prejudicial term when used in this manner and can be construed in family law court or criminal court as showing that the reporting party was not being objective. It is not the role of a healthcare provider to make a judgement—it crosses the line into an investigatory role, which is the domain of law enforcement and social services.
Current law allows for school employees to be considered perpetrators under the definition provided for “person responsible for the child’s welfare” or person “having direct contact with children.”
§ 6303. Definitions:
- “School employee.” An individual who is employed by a school or who provides a program, activity or service sponsored by a school. The term does not apply to administrative or other support personnel unless the administrative or other support personnel have direct contact with the children.
- “Person responsible for the child’s welfare.” A person who provides permanent or temporary care, supervision, mental health diagnosis or treatment, training or control of a child in lieu of parental care, supervision, and control
- “Direct contact.” The care, supervision, guidance or control of children OR routine interaction with children.