3. Key Takeaway
Nothing in the PA CPSL requires a person who has reasonable cause to suspect a child is a victim of child abuse to consider the exclusions from child abuse in order to make a report of suspected child abuse.
Exclusions to child abuse are outlined in 23 Pa.C.S. § 6303. These situations must still be reported however, a CPS investigation may deem the report unsubstantiated and determine that the child has not been abused.
Restatement of culpability—Conduct that causes injury or harm to a child or creates a risk of injury or harm to a child shall not be considered child abuse if there is no evidence that the person acted intentionally, knowingly or recklessly when causing the injury or harm to the child or creating a risk of injury or harm to the child.
Child abuse exclusions—The term “child abuse” does not include any conduct for which an exclusion is provided in section 6304 of the PA CPSL (relating to exclusions from child abuse).
The exclusions from child abuse are considered/determined by DHS or the investigating agency after receipt of a referral/report.
- Environmental factors
No child shall be deemed to be physically or mentally abused based on injuries that result solely from environmental factors, such as inadequate housing, furnishings, income, clothing, and medical care, that are beyond the control of the parent or person responsible for the child’s welfare with whom the child resides. This subsection shall not apply to any child-care service as defined in the PA CPSL, excluding an adoptive parent. - Practice of religious beliefs
If, upon investigation, the county agency determines that a child has not been provided needed medical or surgical care because of sincerely held religious beliefs of the child's parents or relative within the third degree of consanguinity and with whom the child resides, which beliefs are consistent with those of a bona fide religion, the child shall not be deemed to be physically or mentally abused. In such cases the following shall apply:- The county agency shall closely monitor the child and the child’s family and shall seek court-ordered medical intervention when the lack of medical or surgical care threatens the child’s life or long-term health.
- All correspondence with a subject of the report and the records of the department and the county agency shall not reference child abuse and shall acknowledge the religious basis for the child’s condition.
- The family shall be referred for general protective services, if appropriate.
- This exclusion shall not apply if the failure to provide needed medical or surgical care causes the death of the child.
- This exclusion shall not apply to any child-care service as defined under section 6303(a) of the PA CPSL (relating to definitions), excluding an adoptive parent.
- Use of force for supervision, control, and safety purposes
Subject to subsection (d), (relating to rights of parents) the use of reasonable force on or against a child by the child’s own parent or person responsible for the child’s welfare shall not be considered child abuse if any of the following conditions apply:- The use of reasonable force constitutes incidental, minor, or reasonable physical contact with the child or other actions that are designed to maintain order and control.
- The use of reasonable force is necessary:
- to quell a disturbance or remove the child from the scene of a disturbance that threatens physical injury to persons or damage to property;
- to prevent the child from self-inflicted physical harm;
- for self-defense or the defense of another individual; or
- to obtain possession of weapons or other dangerous objects or controlled substances or paraphernalia that are on the child or within the control of the child.
- Rights of parents
Nothing in the PA CPSL shall be construed to restrict the generally recognized existing rights of parents to use reasonable force on or against their children for the purposes of supervision, control and discipline of their children. Such reasonable force shall not constitute child abuse. - Participation in events that involve physical contact with child
An individual participating in a practice or competition in an interscholastic sport, physical education, a recreational activity, or an extracurricular activity that involves physical contact with a child does not, in itself, constitute contact that is subject to the reporting requirements of the PA CPSL. - Child-on-child contact
- Harm or injury to a child that results from the act of another child shall not constitute child abuse unless the child who caused the harm or injury is a perpetrator.
- Notwithstanding paragraph (1), the following shall apply:
- Acts constituting any of the following crimes against a child shall be subject to the reporting requirements of this chapter:
- rape as defined in 18 Pa.C.S. § 3121;
- involuntary deviate sexual intercourse as defined in 18 Pa.C.S. § 3123;
- sexual assault as defined in 18 Pa.C.S. § 3124.1;
- aggravated indecent assault as defined in 18 Pa.C.S. § 3125;
- indecent assault as defined in 18 Pa.C.S. § 3126; and
- indecent exposure as defined in 18 Pa.C.S. § 3127.
- No child shall be deemed to be a perpetrator of child abuse based solely on physical or mental injuries caused to another child in the course of a dispute, fight or scuffle entered into by mutual consent.
- A law enforcement official who receives a report of suspected child abuse is not required to make a report to DHS if the person allegedly responsible for the child abuse is a non-perpetrator child.
- Acts constituting any of the following crimes against a child shall be subject to the reporting requirements of this chapter:
- Defensive force
Reasonable force for self-defense or the defense of another individual, consistent with the provisions of 18 Pa.C.S. §§ 505 (relating to use of force in self-protection) and 506 (relating to use of force for the protection of other persons), shall not be considered child abuse.
Exclusions refer to a finding of “substantiated” when the Department evaluates a report, not exclusions to the requirement to report. There are no exclusions to reporting. If a mandated reporter has reasonable cause to suspect child abuse, then they are required to report.
The child abuse law in Pennsylvania was changed to make repeated child abuse a first-degree felony with the passing of Pennsylvania House Bill 1171 in 2020. Prior to this change, repeated child abuse was classified as a second-degree felony. The change was made to increase the penalties for individuals who commit repeated acts of child abuse and to provide greater protection for children from ongoing abuse.