In Pennsylvania, a mandated reporter is required to make a report to Childline when he or she has a reasonable cause to suspect that a child is the victim of child abuse. A person encouraged to report suspected child abuse is encouraged to report suspected child abuse but is not required to do so by law.

Child Protective Services reports are those that allege a child might have been a victim of child abuse. Reports alleging that a child under 18 years of age may have been abused are accepted for investigation when reported prior to the victim’s 20th birthday (PDHS, 2023, May).

5.1 Reasonable Cause to Suspect

“Reasonable cause to suspect” may be a determination you make based on your training/experience and all known circumstances – to include “who”, “what”, “when”, and “how”, observations (e.g., indicators of abuse or “red flags”, behavior/demeanor of the child(ren), behavior/demeanor of the adult(s), etc.), as well as familiarity with the individuals (e.g., family situation and relevant history or similar prior incidents, etc.).

Some indicators may be more apparent than others depending on the type of abuse and/or depending on the child's health, development, and well-being. For example, some indicators may be visible on the child's body while other indicators may be present in the child's behaviors.

5.2 Persons Encouraged to Report (23 Pa.C.S.§6312)

Any person may make an oral/verbal (1-800-932-0313) or written report of suspected child abuse, which may be submitted electronically, or cause a report of suspected child abuse to be made to DHS, county agency, or law enforcement, if that person has reasonable cause to suspect that a child is a victim of child abuse.

5.3 Persons Required to Report (23 Pa.C.S.§6311)

A mandated reporter enumerated under section 6311(a) of the PA CPSL (relating to persons required to report suspected child abuse) must immediately make a report suspected child abuse to ChildLine, Pennsylvania’s 24/7 Child Abuse Hotline and Registry, by calling 1-800-932-0313 or electronically through the Child Welfare Portal.

5.3.1 a) Mandated Reporters

The following adults shall make a report of suspected child abuse, subject to subsection (b) (relating to basis to report), if they have reasonable cause to suspect that a child is a victim of child abuse:

1. A person licensed or certified to practice in any health-related field under the jurisdiction of the Department of State (DOS).
2. A medical examiner, coroner, or funeral director.
3. An employee of a health care facility or provider licensed by the Department of Health (DOH) who is engaged in the admission, examination, care, or treatment of individuals.
4. A school employee.
5. An employee of a child-care service who has direct contact with children in the course of employment.
6. An independent contractor.
7. A clergyman, priest, rabbi, minister, Christian Science practitioner, religious healer, or spiritual leader of any regularly established church or other religious organization.
8. An individual paid or unpaid, who—on the basis of the individual’s role as an integral part of a regularly scheduled program, activity, or service—is a person responsible for the child’s welfare or has direct contact with children.
9. An employee of a social service agency who has direct contact with children in the course of employment.
10. A peace officer or law enforcement official.
11. An emergency medical services provider certified by Department of Health.
12. An employee of a public library who has direct contact with children in the course of employment.
13. An individual supervised or managed by a person listed above who has direct contact with children in the course of employment.
14. An attorney affiliated with an agency, institution, organization, or other entity, including a school or regularly established religious organization that is responsible for the care, supervision, guidance, or control of children.
15. A foster parent.
16. An adult family member who is a person responsible for the child’s welfare and provides services to a child in a family living home, community home for individuals with an intellectual disability, or host home for children which are subject to supervision or licensure by DHS under Articles IX and X of the act of June 13, 1967 (P.L.31, No.21) known as the Human Services Code (formerly the Public Welfare Code). Done LR 10-17-24

5.3.2 b) Basis to Report

A mandated reporter shall make a report of suspected child abuse in accordance with section 6313 (relating to reporting procedure) if they have reasonable cause to suspect that a child is a victim of child abuse under any of the following circumstances:

1. 1) The mandated reporter comes into contact with the child in the course of employment, occupation, and practice of a profession or through a regularly scheduled program, activity, or service.
2. 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.
3. A person makes a specific disclosure to the mandated reporter that an identifiable child is the victim of child abuse.
4. An individual 14 years of age or older makes a specific disclosure to the mandated reporter that the individual has committed child abuse.

Nothing section 6311 of the PA CPSL (relating to persons required to report suspected child abuse) shall require a child to come before the mandated reporter in order for the mandated reporter in order to make a report of suspected child abuse.

Nothing section 6311 of the PA CPSL (relating to persons required to report suspected child abuse) shall require the mandated reporter to identify the person responsible for the child abuse in order to make a report of suspected child abuse.

5.3.3 c) Staff Members of Institutions, etc.

Whenever a person is required to report under subsection (b) (relating to basis to report) in the capacity as a member of the staff of a medical or other public or private institution, school, facility, or agency, that person shall report immediately in accordance with section 6313 (relating to reporting procedure) 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. Upon notification, the person in charge or the designated agent, if any, shall facilitate the cooperation of the institution, school, facility, or agency with the investigation of the report. Any intimidation, retaliation, or obstruction in the investigation of the report is subject to the provisions of 18 Pa.C.S.§4958 (relating to intimidation, retaliation or obstruction in child abuse cases). The PA CPSL does not require more than one report from any such institution, school, facility, or agency.

5.4 Privileged Communications (23 Pa.C.S.§6311.1)

5.4.1 a) General Rule

Subject to subsection (b) (relating to confidential communications) below, the privileged communications between a mandated reporter and a patient or client of the mandated reporter shall not:

1. Apply to a situation involving child abuse.
2. Relieve the mandated reporter of the duty to make a report of suspected child abuse.

5.4.2 b) Confidential Communications

The following protections shall apply:

1. Confidential communications made to a member of the clergy are protected under 42 Pa.C.S.§5943 (relating to confidential communications to clergymen).
2. Confidential communications made to an attorney are protected so long as they are within the scope of 42 Pa.C.S.§§5916 (relating to confidential communications to attorney) and 5928 (relating to confidential communications to attorney), the attorney work product doctrine, or the rules of professional conduct for attorneys.