The term does not apply to services provided by administrative or other support personnel unless the administrative or other support personnel has direct contact with children.
(2) operates within this Commonwealth for the primary purpose of providing a child-focused, facility-based program dedicated to coordinating a formalized multidisciplinary response to suspected child abuse that, at a minimum, either onsite or through a partnership with another entity or entities, assists county agencies, investigative teams and law enforcement by providing services, including forensic interviews, medical evaluations, therapeutic interventions, victim support and advocacy, team case reviews and a system for case tracking.
"Cooperation with an investigation or assessment." Includes, but is not limited to, a school or school district which permits authorized personnel from the Department or county agency to interview a student while the student is in attendance at school.
"County agency." The county children and youth social service agency established pursuant to section 405 of the act of June 24, 1937 (P.L. 2017, No. 396), known as the County Institution District Law, or its successor, and supervised by the Department under Article IX of the act of June 13, 1967 (P.L. 31, No. 21), known as the Public Welfare Code.
"Department." The Department of Human Services of the Commonwealth.
"Direct contact with children." The care, supervision, guidance or control of children, or routine interaction with children.
"Direct volunteer contact." The care, supervision, guidance or control of children and routine interaction with children.
"Education enterprise." An educational activity in this Commonwealth:
(1) for which college credits or continuing education units are awarded, continuing professional education is offered or tuition or fees are charged or collected; and
(2) that is sponsored by a corporation, entity or institution that is incorporated or authorized by other means in a state other than this Commonwealth and is approved and authorized to operate in this Commonwealth under 15 Pa.C.S. Pt. II Subpt. B (relating to business corporations) or C (relating to nonprofit corporations) and 24 Pa.C.S. Ch. 65 (relating to private colleges, universities and seminaries).
"Electronic technologies." The transfer of information in whole or in part by technology having electrical, digital, magnetic, wireless, optical, electromagnetic, photo-electronic or photo-optical systems, or similar capabilities. The term includes, but is not limited to, e-mail, Internet communication or other means of electronic transmission.
"Expunge." To strike out or obliterate entirely so that the expunged information may not be stored, identified or later recovered by any mechanical or electronic means or otherwise.
"Family child-care home." A residence where child day care is provided at any time to no less than four children and no more than six children who are not relatives of the caregiver.
"Family members." Spouses, parents and children or other persons related by consanguinity or affinity.
"Founded report." A child abuse report involving a perpetrator that is made pursuant to this chapter, if any of the following applies:
(1) There has been a judicial adjudication based on a finding that a child who is a subject of the report has been abused and the adjudication involves the same factual circumstances involved in the allegation of child abuse. The judicial adjudication may include any of the following:
(i) The entry of a plea of guilty or nolo contendere.
(ii) A finding of guilt to a criminal charge.
(iii) A finding of dependency under 42 Pa.C.S. § 6341 (relating to adjudication) if the court has entered a finding that a child who is the subject of the report has been abused.
(iv) A finding of delinquency under 42 Pa.C.S. § 6341 if the court has entered a finding that the child who is the subject of the report has been abused by the child who was found to be delinquent.
(2) There has been an acceptance into an accelerated rehabilitative disposition program and the reason for the acceptance involves the same factual circumstances involved in the allegation of child abuse.
(3) There has been a consent decree entered in a juvenile proceeding under 42 Pa.C.S. Ch. 63 (relating to juvenile matters), the decree involves the same factual circumstances involved in the allegation of child abuse and the terms and conditions of the consent decree include an acknowledgment, admission or finding that a child who is the subject of the report has been abused by the child who is alleged to be delinquent.
(4) A final protection from abuse order has been granted under section 6108 (relating to relief), when the child who is a subject of the report is one of the individuals protected under the protection from abuse order and:
(i) only one individual is charged with the abuse in the protection from abuse action;
(ii) only that individual defends against the charge;
(iii) the adjudication involves the same factual circumstances involved in the allegation of child abuse; and
(iv) the protection from abuse adjudication finds that the child abuse occurred.
"Founded report for school employee." [Deleted by 2014 Amendment]
"General protective services." Those services and activities provided by each county agency for cases requiring protective services, as defined by the department in regulations.
"Health care facility." As defined in section 802.1 of the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act.
"Health care provider." A licensed hospital or health care facility or person who is licensed, certified or otherwise regulated to provide health care services under the laws of this Commonwealth, including a physician, podiatrist, optometrist, psychologist, physical therapist, certified nurse practitioner, registered nurse, nurse midwife, physician's assistant, chiropractor, dentist, pharmacist or an individual accredited or certified to provide behavioral health services.
"Immediate vicinity." An area in which an individual is physically present with a child and can see, hear, direct and assess the activities of the child.
"Independent contractor." An individual who provides a program, activity or service to an agency, institution, organization or other entity, including a school or regularly established religious organization, that is responsible for the care, supervision, guidance or control of children. The term does not apply to administrative or other support personnel unless the administrative or other support personnel has direct contact with children.
"Indicated report."
(1) Subject to paragraphs (2) and (3), a report of child abuse made pursuant to this chapter if an investigation by the Department or county agency determines that substantial evidence of the alleged abuse by a perpetrator exists based on any of the following:
(i) Available medical evidence.
(ii) The child protective service investigation.
(iii) An admission of the acts of abuse by the perpetrator.
(2) A report may be indicated under paragraph (1)(i) or (ii) for any child who is the victim of child abuse, regardless of the number of alleged perpetrators.
(3) A report may be indicated under paragraph (1)(i) or (ii) listing the perpetrator as "unknown" if substantial evidence of abuse by a perpetrator exists, but the department or county agency is unable to identify the specific perpetrator.
"Indicated report for school employee." [Deleted by 2014 Amendment]
"Individual residing in the same home as the child." [Deleted by 2014 Amendment]
"Institution of higher education." Any of the following:
(1) A community college which is an institution now or hereafter created pursuant to Article XIX-A of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, or the act of August 24, 1963 (P.L.1132, No.484), known as the Community College Act of 1963.
(2) An independent institution of higher education which is an institution of higher education located in and incorporated or chartered by the Commonwealth, entitled to confer degrees as set forth in 24 Pa.C.S. §
6505 (relating to power to confer degrees) and entitled to apply to itself the designation "college," "university" or "seminary" as provided for by standards and qualifications prescribed by the State Board of Education under 24 Pa.C.S. Ch. 65 .
(3) A State-owned institution.
(4) A State-related institution.
(5) An education enterprise.
"Intentionally." The term shall have the same meaning as provided in 18 Pa.C.S. § 302 (relating to general requirements of culpability).
"Knowingly." The term shall have the same meaning as provided in 18 Pa.C.S. § 302 (relating to general requirements of culpability).
"Law enforcement official." The term includes the following:
(1) The Attorney General.
(2) A Pennsylvania district attorney.
(3) A Pennsylvania State Police officer.
(4) A municipal police officer.
"Mandated reporter." A person who is required by this chapter to make a report of suspected child abuse.
"Matriculated student." A student who is enrolled in an institution of higher education and pursuing a program of study that results in a postsecondary credential, such as a certificate, diploma or degree.
"Near fatality." A child's serious or critical condition, as certified by a physician, where that child is a subject of the report of child abuse.
"Newborn." As defined in section 6502 (relating to definitions).
"Nonaccidental." [Deleted by 2013 Amendment.]
"Parent." A biological parent, adoptive parent or legal guardian.
"Perpetrator." A person who has committed child abuse as defined in this section. The following shall apply:
(1) The term includes only the following:
(i) A parent of the child.
(ii) A spouse or former spouse of the child's parent.
(iii) A paramour or former paramour of the child's parent.
(iv) A person 14 years of age or older and responsible for the child's welfare or having direct contact with childrenas an employee of child-care services, a school or through a program, activity or service.
(v) An individual who is 14 years of age or older who resides in the same home as the child.
(vi) An individual 18 years of age or older who does not reside in the same home as the child but is related within the third degree of consanguinity or affinity by birth or adoption to the child.
(vii) An individual 18 years of age or older who engages a child in severe forms of trafficking in persons or sex trafficking, as those terms are defined under section 103 of the Trafficking Victims Protection Act of 2000 (114 Stat. 1466,
22 U.S.C. § 7102 ).
(2) Only the following may be considered a perpetrator for failing to act, as provided in this section:
(i) A parent of the child.
(ii) A spouse or former spouse of the child's parent.
(iii) A paramour or former paramour of the child's parent.
(iv) A person 18 years of age or older and responsible for the child's welfare.
(v) A person 18 years of age or older who resides in the same home as the child.
"Person affiliated with." A person that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with a specified person.
"Person responsible for the child's welfare." A person who provides permanent or temporary care, supervision, mental health diagnosis or treatment, training or control of a child in lieu of parental care, supervision and control.
"Police department." A public agency of a political subdivision having general police powers and charged with making arrests in connection with the enforcement of the criminal or traffic laws.
"Police officer." A full-time or part-time employee assigned to criminal or traffic law enforcement duties of a police department of a county, city, borough, town or township. The term also includes a member of the State Police Force.
"Police station." The station or headquarters of a police department or a Pennsylvania State Police station or headquarters.
"Private agency." A children and youth social service agency subject to the requirements of 55 Pa. Code Ch. 3680 (relating to administration and operation of a children and youth social service agency).
"Program, activity or service." Any of the following in which children participate and which is sponsored by a school or a public or private organization:
(1) A youth camp or program.
(2) A recreational camp or program.
(3) A sports or athletic program.
(4) A community or social outreach program.
(5) An enrichment or educational program.
(6) A troop, club or similar organization.
"Protective services." Those services and activities provided by the Department and each county agency for children who are abused or are alleged to be in need of protection under this chapter.
"Recent act." Any act committed within two years of the date of the report to the Department or county agency.
"Recentact or failure to act." Any act or failure to act committed within two years of the date of the report to the Department or county agency.
"Recklessly." The term shall have the same meaning as provided in 18 Pa.C.S. § 302 (relating to general requirements of culpability).
"Resource family." A family which provides temporary foster or kinship care for children who need out-of-home placement and may eventually provide permanency for those children, including an adoptive family.
"Risk assessment." A Commonwealth-approved systematic process that assesses a child's need for protection or services based on the risk of harm to the child.
"Routine interaction." Regular and repeated contact that is integral to a person's employment or volunteer responsibilities.
"Safety assessment." A Commonwealth-approved systematic process that assesses a child's need for protection or services based on the threat to the safety of the child.
"School." A facility providing elementary, secondary or postsecondary educational services. The term includes the following:
(1) Any school of a school district.
(2) An area vocational-technical school.
(4) An intermediate unit.
(5) A charter school or regional charter school.
(6) A cyber charter school.
(7) A private school licensed under the act of January 28, 1988 (P.L.24, No.11), known as the Private Academic Schools Act.
(8) A private school accredited by an accrediting association approved by the State Board of Education.
(10)
An institution of higher education.
(14) A private school licensed under the act of December 15, 1986 (P.L.1585, No.174), known as the Private Licensed Schools Act.
(15) The Hiram G. Andrews Center.
(16) A private residential rehabilitative institution as defined in section 914.1-A(c) of the Public School Code of 1949.
"School employee." An individual who is employed by a school or who provides a program, activity or service sponsored by a school. The term does not apply to administrative or other support personnel unless the administrative or other support personnel has direct contact with children.
"Secretary." The Secretary of Human Services of the Commonwealth.
"Serious bodily injury." Bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement or protracted loss or impairment of function of any bodily member or organ.
"Serious mental injury." A psychological condition, as diagnosed by a physician or licensed psychologist, including the refusal of appropriate treatment, that:
(1) renders a child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic or in reasonable fear that the child's life or safety is threatened; or
(2) seriously interferes with a child's ability to accomplish age-appropriate developmental and social tasks.
"Serious physical injury." [Deleted by 2013 Amendment.]