§ 40.202. Suspected child abuse—mandated reporting requirements.
(a) General rule. Under 23 Pa.C.S. § 6311 (relating to persons required to report suspected child abuse), all physical therapists and physical therapist assistants are considered mandated reporters. A mandated reporter shall make a report of suspected child abuse in accordance with this section if the mandated reporter has reasonable cause to suspect that a child is a victim of child abuse under any of the following circumstances:
(1) The mandated reporter comes into contact with the child in the course of employment, occupation and practice of the 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.
(b) Staff members of public or private agencies, institutions and facilities. Whenever a physical therapist or physical therapist assistant is required to make a report under subsection (a) in the capacity as a member of the staff of a medical or other public or private institution, school, facility or agency, the physical therapist or physical therapist assistant shall report immediately in accordance with subsection (c) 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.
(c) Reporting procedure. A mandated reporter shall immediately make a report of suspected child abuse to the Department of Human Services by either:
(1) Making an oral report of suspected child abuse by telephone to ChildLine at (800) 932-0313, followed by a written report within 48 hours to the Department of Human Services or the county agency assigned to the case in a manner and format prescribed by the Department of Human Services. The written report submitted under this paragraph may be submitted electronically.
(2) Making an electronic report of suspected child abuse in accordance with 23 Pa.C.S. § 6305 (related to electronic reporting) through the Department of Human Service’s Child Welfare Information Solution self-service portal at www.compass.state.pa.us/cwis. A confirmation by the Department of Human Services of the receipt of a report of suspected child abuse submitted electronically relieves the mandated reporter of the duty to make an additional oral or written report.
(d) Written or electronic reports. A written or electronic report of suspected child abuse shall include the following information, if known:
(1) The names and addresses of the child, the child’s parents and any other person responsible for the child’s welfare.
(2) Where the suspected child abuse occurred.
(3) The age and sex of each subject of the report.
(4) The nature and extent of the suspected child abuse including any evidence of prior abuse to the child or any sibling of the child.
(5) The name and relationship of each individual responsible for causing the suspected abuse and any evidence of prior abuse by each individual.
(6) Family composition.
(7) The source of the report.
(8) The name, telephone number and e-mail address of the person making the report.
(9) The actions taken by the person making the report, including actions taken under 23 Pa.C.S. § § 6314—6317.
(10) Other information required by Federal law or regulation.
(11) Other information which the Department of Human Services may require by regulation.
Authority The provisions of this § 40.202 amended under section 3(a) of the Physical Therapy Practice Act (63 P.S. § 1303(a)); section 16 of the act of July 4, 2008 (P.L. 293, No. 38); and 23 Pa.C.S. § 6383(b)(2).
Source The provisions of this § 40.202 amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7652; amended August 6, 2021, effective August 7, 2021, 51 Pa.B. 4325. Immediately preceding text appears at serial pages (391982) to (391983).
Cross References This section cited in 49 Pa. Code § 40.205 (relating to immunity from liability); 49 Pa. Code § 40.206 (relating to confidentiality—waived); and 49 Pa. Code § 40.207 (relating to noncompliance).
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