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 or neglect. 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).

8.1 Mandated Reporters

Pennsylvania enacted its first law mandating certain professionals to report suspected child abuse in 1963. Because some of the definitions within Pennsylvania law were unclear or required a high threshold to be considered child abuse, Pennsylvania’s child abuse reporting rates have historically been 9-10 times lower than the national average. The new child abuse laws addressed these issues by clarifying the definition of child abuse and lowering the threshold for mandated reporting. The list of mandatory reporters of child abuse in Pennsylvania was expanded with the passing of Pennsylvania House Bill 631 in 2019.

Mandated reporters are adults who work or volunteer with children and youth and are required to report suspected child abuse if they have reasonable cause to suspect that child abuse has occurred (PDHS, 2023, May).

In general, any individual paid or unpaid, who, based on the individual's role as an integral part of a regularly scheduled program, activity, or service, is responsible for the child’s welfare or has direct contact with children is considered a mandated reporter.

Mandated reporters are encouraged to familiarize themselves with the following changes and clarifications to Pennsylvania child abuse law:

• The definition of physical abuse has changed from serious injury to bodily injury.
• The threshold for pain inflicted has been changed from severe to substantial.
• Certain acts, such as kicking, throwing, burning, or biting can be considered abuse regardless of whether the act results in injury to the child.
• The definition of abuse now includes exposing children to potentially harmful medical evaluations or treatment.
• A one-time event of neglect that is egregious in nature is considered neglect. Neglect no longer needs to be prolonged or repeated.

Another key change involves school employees—if you are a school employee and you suspect abuse has occurred, you are now required to call or electronically report to ChildLine directly and then notify someone in the school district of the report.

Persons required to report suspected child abuse (23 Pa.C.S. § 6311)

Under Pennsylvania law, the following adults shall make a report of suspected child abuse, subject to subsection (b) (relating to basis to report), if the person has 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.
2. Medical examiners, coroners, and funeral directors.
3. Employees of a healthcare facility or provider licensed by the Department of Health, who are engaged in the admission, examination, care, or treatment of individuals.
4. School employees.
5. Employees of a child-care service who have direct contact with children in the course of employment.
6. Clergymen and women, priests, rabbis, ministers, Christian Science practitioners, religious healers or spiritual leaders of any regularly established church or other religious organization.
7. 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 responsible for the child’s welfare or has direct contact with children.
8. Employees of a social services agency who have direct contact with children in the course of employment.
9. Peace officers or law enforcement officials.
10. Emergency medical services providers certified by the Department of Health.
11. Employees of a public library who have direct contact with children in the course of employment.
12. Independent contractors.
13. An individual supervised or managed by a person listed above who has direct contact with children in the course of employment.
14. Attorneys 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. Foster parents
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 the 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).

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.

8.2 Attorneys as Mandated Reporters

When the Task Force on Child Protection recommended that attorneys be added to the list of persons required to report child abuse, disagreement to the recommendation arose, partly related to the feeling that requiring attorneys to report child abuse would encroach on the Supreme Court’s authority to regulate the legal profession and affect attorney/client privilege.

Eventually a compromise was reached and now, under Child Protective Services Law, 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—is a mandated reporter.

Additionally, attorneys who come into contact with children in the course of their employment or profession are considered mandated reporters. This includes attorneys who represent children in legal proceedings, such as in cases involving custody, guardianship, or dependency. Attorneys who fail to report suspected child abuse or neglect as mandated reporters may face penalties, including fines and professional sanctions.

8.3 Persons Encouraged to Report Suspected Child Abuse vs. Persons Required to Report Suspected Child Abuse

Child Protective Services Law encourages people to report suspected child abuse—saying that any person may make an oral or written report of suspected child abuse. Although persons are encouraged to report suspected child abuse, they are not required to do so by law.

Persons encouraged to report suspected child abuse can make a report at any time they suspect a child is the victim of child abuse and, as with mandated reporters they do not have to determine whether or not the person meets the definition of perpetrator in order to make the report.

Persons encouraged to report suspected child abuse can make a report to Childline by calling 1-800-932-0313, and there is nothing more for the reporter to do after making that report. The county children and youth agency must begin an investigation within 24 hours if the report is a Child Protective Services case.