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What is a Mandatory Reporter in Pennsylvania?

In Pennsylvania, many Professional Licenses issued by the Pennsylvania Bureau of Professional and Occupational Affairs, relate to Professions where one is considered a Mandatory Reporter regarding child abuse. Failure to comply with the requirements placed upon a Pennsylvania Mandatory Reporter can lead to criminal liability. So: What is a Mandatory Reporter in Pennsylvania?

Title 23 Pa.C.S. Chapter 63 by Act of December 19, 1990, P.L.1240, No.206 establishes Mandatory Reporters in Pennsylvania. The Act and Chapter is titled “Child Protective Services.” This law addresses the protocols, requirements, expectations, definitions, and responsibilities of Pennsylvania’s Child Protective Services agencies. It further defines what Professions and Occupations qualify one as a Mandatory Reporter. While the Act has been law since 1990, the Mandatory Reporter section was brought into the spotlight by the Catholic Priest Child Abuse and Jerry Sandusky – Penn State University Child Abuse matters. As a result, the legislature made sweeping amendments to the Act in 2014.

Paul S. Peters III, Esq. understands the dire consequences of being charged with failure to act as a Mandatory Reporter and the potential loss of a Professional license. You can face the loss of your job and license, and receive jail time, which all threaten your ability to work and provide for yourself and your family. If you find yourself in danger of losing your Professional license and facing severe criminal consequences due to an alleged failure to act as a Mandatory Reporter, you will need an experienced, trusted, and aggressive lawyer at your side to advocate on your behalf. Paul S. Peters III, Esq. will provide you with that needed advocacy and legal defense in such as severe and high stakes situation. Attorney Peters spent many years as a high school teacher and athletic coach himself and has represented juveniles his entire career. Therefore, he has an extensive and vast knowledge of the Mandatory Reporter requirements and was a Mandatory Reporter for an extended time. Call Paul S. Peters III, Esquire at 215-291-2944.

What is Child Abuse in Pennsylvania?

A Mandatory Reporter must report any suspected child abuse in Pennsylvania. Section 6303 of the Act defines Child Abuse; some examples are:

Intentionally, knowingly, or recklessly:
- Causing or creating the likelihood of bodily injury to a child actively or by failure to act.
- Acting in a manner intended to result in a dangerous medical diagnosis or type of treatment.
- Causing or substantially contributing to serious mental injury to a child.
- Causing or creating the likelihood of sexual abuse or exploitation of a child actively or by failure to act.
- Causing severe physical neglect of a child.
- Kicking, biting, throwing, burning, stabbing, or cutting a child in a manner that endangers the child.
- Unreasonably restraining or confining a child.
- Forcefully shaking a child under one year of age.
- Interfering with the breathing of a child.
- Leaving a child unsupervised with an individual who the person knows or reasonably should know is a registered sex offender or been classified as a sexually violent predator.
- Causing the death of the child through any act or failure to act.
- Engaging a child in a severe form of trafficking in persons or sex trafficking.

If any of the above actions or situations are suspected relating to a child, Mandatory Reporters are required by law to report the suspected abuse. If a Mandatory Reporter fails to report the suspected abuse, consequences can be loss of job and license, a sentence of incarceration, and a permanent criminal record.

Who is Considered a Mandatory Reporter in Pennsylvania?

Section 6311(a) of the Act defines who is a Mandatory Reporter. Some examples are:

Any individual licensed or certified by Pennsylvania to practice in any health-related field.
A Medical examiner, coroner, or funeral director.
An employee of a licensed health care facility.
A school employee.
An employee of a child-care service having direct contact with children.
A Leader of any regularly established church or religious organization.
An individual, paid or unpaid, plays an integral part of a regularly scheduled program, activity, or service, or is responsible for a child’s welfare or has direct contact with children.
An employee of a social services agency who has direct contact with children in the course of employment.
A peace officer or law enforcement official.
A licensed EMT.
An employee of a public library.
An independent contractor.
An attorney who is responsible or is an employee of an agency or company that is responsible, for the care, supervision, guidance, or control of children.
A foster parent

What Triggers the Mandatory Reporting of Suspected Child Abuse in Pennsylvania?

Section 6311(b) states a Mandatory Reporter shall make a report of suspected child abuse if the mandatory reporter has reasonable cause to suspect a child is a victim of child abuse if:

The mandatory reporter meets the child in the course of employment through a regularly scheduled program, activity, or service.
The mandatory reporter is directly responsible for the care, supervision, guidance, or training of the child, or affiliated with an entity that is directly responsible for the care, supervision, guidance, or training of the child.
A person makes a specific disclosure to the mandatory reporter that an identifiable child is the victim of child abuse.
An individual 14 years of age or older makes a specific disclosure to the mandatory reporter that the individual has committed child abuse.

The mandatory reporter is not required to have contact with or see the child; the report can be based on information from a third-party. Additionally, the Mandatory Reporter is not required to identify the person responsible for the alleged child abuse. Lastly, the Mandatory Reporter does not have to investigate or take action to obtain confirmation or evidence of the suspected abuse.

The Act provides immunity against civil and criminal liability for mandatory reporters if the report was in good faith. Additionally, the Act establishes the right for a mandatory reporter to file a claim for retaliation or employment discrimination if proven that an adverse employment action was due to a good faith report.

How Must a Mandatory Reporter Report Suspected Child Abuse?

If a mandatory reporter suspects child abuse, the law requires you to immediately and personally make an oral report of suspected child abuse via the Statewide toll-free telephone number ChildLine at 1-800-932-0313. After making the oral report to ChildLine, within 48 hours, you must submit a written report online. Before 2014, the requirement was the option of calling ChildLine, reporting to a supervisor, or reporting it to law enforcement; now, the sole required action is calling ChildLine.

Reports to ChildLine keep the identity of the mandatory reporter confidential. However, if the suspected abuse goes before a court of law or administrative agency, the Mandatory Reporter may be required to testify or otherwise cooperate.

Penalties for the Failure of a Mandatory Report to Report Suspected Child Abuse in Pennsylvania

Section 6319 of the Act establishes criminal liability against a Mandatory Reporter that willfully fails to report suspected child abuse as defined by the Act. Willful failure to report is having a reasonable suspicion of abuse and deciding not to report it.

The severity of the willful failure to report suspected child abuse charge depends on the nature and circumstances of the specific alleged abuse. In many cases, the Mandatory Reporter is charged with a Misdemeanor of the 2nd Degree. If the particular type of abuse not reported is a felony of the 1st Degree under Pennsylvania Criminal Law, the Mandatory Report will face a Felony of the 3rd Degree criminal charge. In situations where the Mandatory Reporter has particular information and direct knowledge or has a prior conviction for failing to report before, the charge can be a Felony of the 3rd Degree or 2nd Degree.

The consequences and impact of a Mandatory Reporter failing to report suspected abuse are severe and profoundly life-changing. It is not worth trying to keep someone out of trouble, handling it yourself, or not wanting to get involved.

Hopefully the above answers the question: What is a Mandatory Reporter in Pennsylvania?

Learn About Felony v. Misdemeanor v. Summary

How We Can Help

When it comes to Professional Licensing in Pennsylvania, Mandatory Reporters hold a high level of responsibility and expectation. This situation is one of the rare occasions where a failure to act constitutes a criminal offense. You can face a felony conviction, sentence of incarceration, having a criminal record, losing your job, license, and ability to support your family and yourself.

If you are facing criminal charges and suspension of your Professional License in Pennsylvania, for allegations of violating your duties as a Mandatory Reporter, you must immediately obtain an experienced, trusted, and aggressive Criminal and License Defense Lawyer. You will need representation for both the underlying criminal charges and defense of your Professional License before the Pennsylvania Board for your profession. Paul S. Peters III, Esq. is the trusted, experienced, and aggressive legal partner needed to defend your rights and Professional License in Criminal Court and before the Pennsylvania Board for your profession. Attorney Peters spent many years as a high school teacher and athletic coach himself and has represented juveniles his entire career. Therefore, he has an extensive and vast knowledge of the Mandatory Reporter requirements and was a Mandatory Reporter for an extended time. Call Paul S. Peters III, Esquire at 215-291-2944.

Paul S. Peters III, Esq. handles matters in Pennsylvania arising in: Montgomery, Philadelphia, Bucks, Delaware, Chester, Lehigh, Lancaster, Northampton, and Berks, County, just to name a few.

Hopefully you do not face charges of failing in your duty as a Mandatory Reporter. If you do, then Do Not waste one minute, contact the Aggressive, Experienced, Trusted, and Compassionate Pennsylvania Criminal and Professional License Defense Lawyer, Paul S. Peters III, Esq.