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  New Law on Child Abuse to Take Effect

By Robert P. Lockwood
Pittsburgh Catholic [Pennsylvania]
May 11, 2007

http://www.pittsburghcatholic.org/newsarticles_more.phtml?id=1931

New amendments to the Child Protective Services Law in Pennsylvania will take effect May 27 that expands the definition of legally mandated reporters of suspected child abuse to authorities.

Additionally, any mandated reporter who knowingly fails to report child abuse commits a misdemeanor of the third degree for a first violation, and a misdemeanor of the second degree for any subsequent violation.

The maximum penalty for a misdemeanor of the third degree is imprisonment for one year.

The maximum penalty for a misdemeanor of the second degree is imprisonment for two years.

Those who will now be mandated reporters are any individuals who come into contact with children in the course of their work or professional practice and have "reasonable cause to suspect" that a minor has been abused. A minor is any individual who is under the age of 18.

As covered by the CPSL, child abuse is not limited to sexual abuse alone. It includes inflicting or creating an imminent risk of physical injury, mental injury or harmful physical neglect (see accompanying article).

Among the occupations specifically listed as mandated reporters in the CPSL amendments are many associated with Catholic institutions: clergy, teachers, day-care personnel, social service workers, school administrators, school nurses, foster-care workers, health care personnel and mental health workers.

Additionally, church personnel who should be considered mandated reporters are parish and school administrative personnel, music ministers, child-care personnel, youth ministers, athletic coaches, food service personnel, classroom aides and playground monitors.

Also, non-paid and voluntary personnel who perform services for the church should consider themselves to be mandated reporters if they come into unsupervised contact with children during the course of their volunteer church work.

In early May, the Diocese of Pittsburgh issued a brochure detailing the impact of the mandatory reporting laws in Catholic institutions to every Catholic parish, school and Catholic institution, as well as individuals in any ministry that may involve contact with minor children.

In the brochure, the diocese stated that, "adherence by church personnel in the Diocese of Pittsburgh to the expanded reporting mandates is a vital part of the church's efforts to prevent the abuse of children ... The Diocese of Pittsburgh urges that all church personnel resolve any questions about the interpretation of the law in favor of reporting."

The brochure is available on the diocesan Web site at www.dio-pitt.org/postingboard under the heading of "Ministerial Leadership" on that page. Also posted are guidelines for parents on the mandated reporting requirements.

The diocese will provide training sessions on the mandatory reporting requirements through the Pennsylva-nia Family Support Alliance. Required to attend will be pastors, school principals, priests, deacons, catechetical administrators, youth ministers, pastoral associates, directors of music ministry and parish social ministers.

All those in parish leadership will then be expected to provide training to employees and volunteers whose ministry they lead.

The reporting mandate is restricted to those children with whom the mandated reporter comes into contact through work. The minor must actually be "under the care, supervision, guidance or training of (the mandated reporter) or of an agency, institution, organization or other entity with which that person is affiliated."

Examples of children considered by the CPSL to be under the care or supervision of a church entity would include school and CCD students, children enrolled in child-care programs, children being "babysat" during worship services or gatherings, children participating in church-related youth ministries or sports programs, Catholic Charities' clients and health care patients.

The CPSL grants immunity from civil suits for those who make a "good faith" report of suspected child abuse.

The brochure from the diocese explains that "members of the clergy are not permitted by church law and are not required by Pennsylvania law to report information received privately during sacramental confession or spiritual counseling."

The mandate to report applies to all suspected child abuse, not just abuse that has been perpetrated by church personnel. Possible abusers could include, for example, parents, relatives, older siblings, neighbors, youth group or sports leaders, family friends and other children.

"The protection of minors placed in our care and their well-being is of primary concern to the Diocese of Pittsburgh," Bishop Paul Bradley, diocesan administrator, wrote in a letter to all pastors. "Our efforts in cooperating with the requirements of CPSL reflect that concern."

 
 

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