a) General rule—A person, hospital, institution, school, facility, agency, or agency employee acting in good faith shall have immunity from civil and criminal liability that might otherwise result from any of the following:

1. Making a report of suspected child abuse or making a referral for general protective services, regardless of whether the report is required to be made under the PA CPSL
2. Cooperating or consulting with an investigation under the PA CPSL, including providing information to a child fatality or near-fatality review team
3. Testifying in a proceeding arising out of an instance of suspected child abuse or general protective services
4. Engaging in any action authorized under 23 Pa.C.S.§6314 (relating to photographs, medical tests and X-rays of child subject to report),§6315 (relating to taking child into protective custody),§6316 (relating to admission to private and public hospitals), or §6317 (relating to mandatory reporting and postmortem investigation of deaths)

b) Departmental and County Agency Immunity—An official or employee of DHS or county agency who refers a report of suspected child abuse for general protective services to law enforcement authorities or provides services as authorized by the PA CPSL shall have immunity from civil and criminal liability that might otherwise result from the action.

c) Presumption of Good Faith—For the purpose of any civil or criminal proceeding, the good faith of a person required to report suspected child abuse and of any person required to make a referral to law enforcement officers under the PA CPSL shall be presumed.

7.1 Protection from Employment Discrimination (23 Pa.C.S.§6320)

a) Basis for relief—A person may commence an action for appropriate relief if all of the following apply:

1. The person is required or encouraged by the PA CPSL to report suspected child abuse.
2. The person acted in good faith in making or causing the report of suspected child abuse to be made.
3. As a result of making the report of suspected child abuse, the person is discharged from employment or is discriminated against with respect to compensation, hire, tenure, terms, conditions, or privileges of employment.

b) Applicability—This section does not apply to an individual making a report of suspected child abuse who is found to be a perpetrator because of the report or to any individual who fails to make a report of suspected child abuse as required under section 6311 (relating to persons required to report suspected child abuse) and is subject to conviction under section 6319 (relating to penalties) for failure to report or to refer.

7.2 Penalties (23 Pa.C.S.§6319)

a) Failure to Report or Refer

1. A person or official required by the PA CPSL to report a case of suspected child abuse or to make a referral to the appropriate authorities commits an offense if the person or official willfully fails to do so.
2. An offense under this section is a felony of the third degree if:
   1. The person or official willfully fails to report;
   2. The child abuse constitutes a felony of the first degree or higher; and
   3. The person or official has direct knowledge of the nature of the abuse.
3. An offense not otherwise specified in paragraph (2) above is a misdemeanor of the second degree.
4. A report of suspected child abuse to law enforcement or the appropriate county agency by a mandated reporter, made in lieu of a report to DHS, shall not constitute an offense under this subsection, provided that the report was made in a good faith effort to comply with the requirements of the PA CPSL.

b) Continuing course of action—If a person’s willful failure to report an individual suspected of child abuse continues while the person knows or has reasonable cause to suspect a child is being subjected to child abuse by the same individual, or while the person knows or has reasonable cause to suspect that the same individual continues to have direct contact with children through the individual’s employment, program, activity, or service, the person commits a felony of the third degree…except that, if the child abuse constitutes a felony of the first degree or higher, the person commits a felony of the second degree.

c) Multiple offenses—A person who, at the time of sentencing for an offense under this section, has been convicted of a prior offense under this section commits a felony of the third degree…except that, if the child abuse constitutes a felony of the first degree or higher, the penalty for the second or subsequent offenses is a felony of the second degree.

d) Statute of limitations—The statute of limitations for an offense under this section shall be either the statute of limitations for the crime committed against the minor child or five years, whichever is greater.

7.3 Disposition of Complaints Received (23 Pa.C.S.§6334) & Responsibility for Investigation (23 Pa.C.S.§6334.1)

When a county agency or law enforcement receives a referral/report, the county agency or law enforcement official is to notify DHS/ChildLine after ensuring the immediate safety of the child and any other child(ren) in the child’s home.

When DHS/ChildLine receives a referral/report, DHS/ChildLine will immediately evaluate and transmit the information to the appropriate agency for assessment or investigation.

Referral to county agency (CPS)—If the suspected child abuse is alleged to have been committed by a perpetrator, DHS/ChildLine will transmit the information to the county agency where the suspected child abuse is alleged to have occurred for investigation of the allegation(s).

Referral to county agency and law enforcement officials (LEO)—If the suspected child abuse is alleged to have been committed by a perpetrator and the behavior constituting the suspected child abuse may include a violation of a criminal offense, DHS/ChildLine will transmit the information to the appropriate law enforcement official in the county where the suspected child abuse is alleged to have occurred for a joint investigation of the allegation(s).

Referral to law enforcement officials only (LEO)—If the person suspected of committing child abuse is not a perpetrator but the behavior constituting the suspected child abuse may include a violation of a criminal offense, DHS/ChildLine will transmit the information to the appropriate law enforcement official in the county where the suspected child abuse is alleged to have occurred for investigation of the allegation(s).

Referral to county agency (GPS)—If the referral/report does not suggest the child is in need of protective services but suggests the child is in need of other services, DHS/ChildLine will transmit the information to the appropriate county agency for assessment of the needs of the child.

7.4 Investigation of Reports (23 Pa.C.S.§6319)

Notice to mandated reporter—If a report was made by a mandated reporter, DHS shall notify the mandated reporter who made the report of suspected child abuse of all of the following within three (3) business days of DHS’s receipt of the results of the investigation:

1. Whether the child abuse report is founded, indicated, or unfounded.
2. Any services provided, arranged for, or to be provided by the county agency to protect the child.