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Pennsylvania Mandated Reporter
and Child Abuse Clearance Laws
Casey Sipe
Caldwell & Kearns, P.C.
Mandated Reporters
Anyone certified or licensed in a health-related field
Medical examiner/coroner
Employee of healthcare facility engaging in admission, examination or care
School employees
Foster parent
Child care service employees with child contact
Clergy/spiritual leader
Social services agency employee
Law enforcement/EMS
Public library employee with child contact
Basis to Report
Reporter comes in contact with child in the course of employment, practice of profession, or regularly scheduled activity
Reporter is responsible for care, supervision, guidance or training of the child
Person discloses to reporter that child is a victim of abuse
Individual 14 or older discloses that individual has committed child abuse
How to Report
Must make an immediate report via phone or electronic means
If made via phone, must make electronic report within 48 hours to the department/county assigned
Report Contents
Name and address of child, parents and responsible adults
Location of abuse
Age and sex of each subject of report
Nature and extent of any abuse
Name and relationship of suspected abuser with any evidence of prior abuse
Family composition
Report Contents, cont’d
Source of the report
Your name, phone number and email address
Any actions taken in preparing report, including photos, medical tests, x-rays, etc.
Immunity
Any person or organization acting in good faith shall have immunity from civil and criminal liability that might result from:
Make a report of suspected child abuse or make a report
Cooperating or consulting with an investigation
Testifying in a proceeding arising out of suspected child abuse
Background Check
Must be completed before beginning employment or volunteering
Three types of background checks:Child abusePA State Police background checkFBI
Criminal Convictions
Homicide
Aggravated assault
Stalking
Kidnapping
Unlawful restraint
Rape
Statutory sexual assault
Involuntary deviate sexual intercourse
Prostitution
Sexual abuse of children
Sexual assault
Aggravated indecent assault
Indecent assault
Indecent exposure
Incest
Concealing death of a child
Endangering welfare of children
Offenses dealing with infants
Obscene and other sexual materials
Corruption of minors
Individuals Subject to Background Checks
Employee of child-care services
Foster parent
Prospective adoptive parents
Self-employed family day-care provider
Individual 14 or older applying for paid position responsible for child welfare or direct contact
Individual contracted to provide child care
Individual over 18 residing in home of foster parent or prospective adoptive parent 30 or more calendar days
School employees
Volunteers
Applies to any adult applying for an unpaid position as a volunteer responsible for the welfare of a child or having direct contact with children
Examples:
School chaperones
Girl Scout/Boy Scout leaders
Big Brothers/Big Sisters
Sports coaches
Religious institution teachers
Hospital volunteers working with children
Volunteers, cont’d
Intentionally failing to require submission of background checks results in 3rd degree misdemeanor
Only State Police and child abuse required checks if:Position is unpaidProspective volunteer lived in PA for last 10 yearsProspective volunteer signs affidavit swearing they
haven’t committed any crimes in another state
Volunteers, cont’d
Volunteer may not be approved if background checks reveal child abuse in last 5 years or conviction of listed crime
Provisional clearances permitted for no more than 30 days if the volunteer is in compliance with clearance standards under the law of jurisdiction where they live
Volunteer clearances can only be used for volunteer purposes, but employment clearances can be used for volunteer purposes
Home Day-Care Residents
Criminal history record and child abuse record information required for any individual 18 years or older residing in the home at least 30 days in a calendar year
State department will refuse to issue, refuse to renew or revoke a license if individual 18 or older:
Is named in statewide database as perpetrator of founded report within 5 years, or
Has been convicted of a listed offense
Denying Employment or Participation
An employee or participant must be denied if:
The statewide database shows a founded report of child abuse within 5 years
The criminal background check shows violent or sexual crime
Who in your organization needs a certification?
Child safety should be the paramount consideration when determining who needs certification
Anyone that provides care, supervision, guidance or control of children
Anyone who has routine interaction with children
Anyone beginning employment at a new employer will need a new certification
Currently Employed/Volunteering Individuals
If certification newer than 36 months, new certification required 36 months after its obtained
If certification is older than 36 months, new certification required by December 31, 2015
If no certification because it wasn’t required under the prior law, then by December 31, 2015
When obtaining bulk certifications, the date of the oldest is used for the renewal date
New Certifications
As of December 31, 2014, employees having contact with children and school employees must obtain certifications every 36 months.
As of July 1, 2015, volunteers having contact with children must obtain certifications every 36 months.
Post-Certification Violations
If an employee or volunteer
is arrested or convicted of one of the prohibited crimes, or
is named as a perpetrator in a founded abuse report
Then they must provide written notice within 72 hours of the arrest, conviction or placement on the statewide child abuse database
Certification Backlog
Reports of significant backlogs have plagued the system
State employees working 5 hours of overtime daily to get caught up
Adding 30 new permanent positions, with 19 additional temporary staffers
Between January and May: 512,853 applications for child abuse clearancesOnly 8 were named as perpetrators of a founded
report of child abuse within the last 5 years
Tips for Avoiding the Backlog
Apply online at www.keepkidssafe.pa.gov
Visit ChildLine’s office in Susquehanna Twp. to apply online or in person (<10 minutes)
Employees may work provisionally with children for 90 days while awaiting clearanceBut uncertified individual must be supervised by a
certified individualEmployee must apply for all 3 clearances and swear
or affirm in writing they will not be disqualified based on results
Costs
Until July 24, 2015:
State Police criminal history clearance: $10
Child abuse clearance: $10
FBI background clearance: $27.50
July 25, 2015 and after:
State Police criminal history clearance: $8
Child abuse clearance: $8
FBI background clearance: $27.50
Costs, cont’d
On June 10, Gov. Wolf announced that the fees for child State Police background checks and child abuse clearances are waived for those who volunteer to work with children
Pennsylvania legislature has discussed revamping the law to address complaints about fees
