Pennsylvania Mandated Reporter and Child Abuse Clearance Laws

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 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 abuse PA State Police background check FBI

Criminal Convictions Homicide Sexual assault Aggravated indecent assault Stalking Indecent assault Kidnapping Indecent exposure Unlawful restraint Incest Rape Concealing death of a child Statutory sexual assault Endangering welfare of children Involuntary deviate sexual intercourse Offenses dealing with infants Prostitution Obscene and other sexual materials Sexual abuse of children 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 3 rd degree misdemeanor Only State Police and child abuse required checks if: Position is unpaid Prospective volunteer lived in PA for last 10 years Prospective 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 clearances Only 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 Child. Line’s office in Susquehanna Twp. to apply online or in person (<10 minutes) Employees may work provisionally with children for 90 days while awaiting clearance But uncertified individual must be supervised by a certified individual Employee 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

Questions? Casey Sipe Caldwell & Kearns www. caldwellkearns. com csipe@cklegal. net (717) 232 -7661