Are Your Church & Sunday School In Compliance With Pennsylvania’s New Child Protective Service Laws?
(The following information is an overview of the recently enacted Child Abuse legislation here in Pennsylvania. These laws went into effect on January 1, 2015. The intent of this report is to provide churches, religious organizations and related personnel with baseline information related to changes in the law and how those changes will affect these organizations and individuals, and to inform you where additional information can be obtained. Specific legal questions and interpretations should be directed to your organization’s attorney or legal representation. Additional information can also be obtained from your local county’s Children & Youth Services office and from the www.KeepKidsSafe.pa.gov website.)
UPDATED INFORMATION: An important change has been made in the application process to get your clearance, as listed below. Pennsylvania has waved the application fee involved. The application process is the same, the only change is that now there is no financial cost for the applicant or their church.
Protecting Pennsylvania’s children from abuse and neglect is a shared responsibility. It requires collaboration from the formal child protective services, community partners (including churches) and the public at large to provide local safety nets for children and families that are facing challenges within our communities and neighborhoods.
Recently, 23 pieces of legislation were enacted, changing how Pennsylvania responds to child abuse. These changes significantly impact the reporting, investigation, assessment, prosecution and judicial handling of child abuse and neglect cases. The following are the most important parts of the new legislation as it affects local churches, Sunday schools and their workers and volunteers.
1.
ALL teachers, leaders, workers, volunteers and others who come in contact or close proximity with children in the church, Sunday school and related programs and activities MUST now have background checks and clearances. These include Pennsylvania Child Abuse History Clearance, Pennsylvania State Police Criminal Background Check and (if you have not lived in Pennsylvania for the past 10 years) FBI Criminal Background Checks. The new law expands background checks for employees, independent contractors and volunteers in direct contact with children. These clearances MUST be updated every 36 months. For information on how to file the necessary paperwork for these background checks, go to the www.KeepKidsSafe.pa.gov website. NOTE: Fees are involved in obtaining each of these backgrounds reports.
ALL teachers, leaders, workers, volunteers and others who come in contact or close proximity with children in the church, Sunday school and related programs and activities MUST now have background checks and clearances. These include Pennsylvania Child Abuse History Clearance, Pennsylvania State Police Criminal Background Check and (if you have not lived in Pennsylvania for the past 10 years) FBI Criminal Background Checks. The new law expands background checks for employees, independent contractors and volunteers in direct contact with children. These clearances MUST be updated every 36 months. For information on how to file the necessary paperwork for these background checks, go to the www.KeepKidsSafe.pa.gov website. NOTE: Fees are involved in obtaining each of these backgrounds reports.2. ALL teachers, leaders, workers, volunteers and others who come in contact or close proximity with children in the church, Sunday school and related programs and activities are now required to be “Mandated Reporters,” to immediately report any suspected child abuse or neglect to the proper authorities.
ALL teachers, leaders, workers, volunteers and others who come in contact or close proximity with children in the church, Sunday school and related programs and activities are now required to be “Mandated Reporters,” to immediately report any suspected child abuse or neglect to the proper authorities.(NOTE: PA CPSL, subsection 6303 defines a person responsible for the child’s welfare as: “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. The term includes any such person who has direct or regular contact with a child through any program, activity or service sponsored by a school, for-profit organization or religious or other not-for-profit organization.”)
3. ALL “Mandated Reporters” are now required to receive training on how to identify child abuse. A list of available training sources can be found on the state’s child safety website, www.KeepKidsSafe.pa.gov. The recommended course is available free of charge at www.reportabusepa.pitt.edu. This three-hour course is approved for three continuing education credit hours and has been approved by the PA Department of Human Services and the Department of State to meet mandated reporting (Act 31) training requirements. Additionally, the course meets credit requirements for Act 126 (child abuse recognition and reporting). You will find a list of all available training and links to each on the www.KeepKidsSafe.pa.gov website.
ALL “Mandated Reporters” are now required to receive training on how to identify child abuse. A list of available training sources can be found on the state’s child safety website, www.KeepKidsSafe.pa.gov. The recommended course is available free of charge at www.reportabusepa.pitt.edu. This three-hour course is approved for three continuing education credit hours and has been approved by the PA Department of Human Services and the Department of State to meet mandated reporting (Act 31) training requirements. Additionally, the course meets credit requirements for Act 126 (child abuse recognition and reporting). You will find a list of all available training and links to each on the www.KeepKidsSafe.pa.gov website.NEW – Staff members, volunteers and other mandated reporters are now required to report suspected abuse IMMEDIATELY in accordance with Section 6313 and they shall immediately thereafter notify the person in charge of the facility or the designated agent. Upon notification, the person in charge or the designated agent shall facilitate the cooperation of the institution, school, facility, church or agency with the investigation of the report.
When must the “Mandated Reporter” make a report?
-A mandated reporter must make a report of suspected child abuse if they have reasonable cause to suspect that a child is victim of abuse under any of the following circumstances:
A mandated reporter must make a report of suspected child abuse if they have reasonable cause to suspect that a child is victim of abuse under any of the following circumstances:-A mandated reporter comes into contact with the child in the course of employment, occupation and practice of a profession or through regularly scheduled programs, activities or services.
A mandated reporter comes into contact with the child in the course of employment, occupation and practice of a profession or through regularly scheduled programs, activities or services.-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.
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.-A person makes a specific disclosure to the mandated reporter that an identifiable child is the victim of child abuse.
A person makes a specific disclosure to the mandated reporter that an identifiable child is the victim of child abuse.-An individual14 years of age or older makes a specific disclosure to the mandated reporter that the individual has committed child abuse.
An individual14 years of age or older makes a specific disclosure to the mandated reporter that the individual has committed child abuse.What is “Child Abuse?”
The term “child abuse” shall mean intentionally, knowingly or recklessly doing any of the following:
-Causing bodily injury to a child through any recent act or failure to act.
Causing bodily injury to a child through any recent act or failure to act.-Fabricating, feigning or intentionally exaggerating or inducing a medical symptom or disease which results in a potentially harmful medical evaluation or treatment to the child through any recent act.
Fabricating, feigning or intentionally exaggerating or inducing a medical symptom or disease which results in a potentially harmful medical evaluation or treatment to the child through any recent act.-Causing or substantially contributing to serious mental injury to a child through any act or failure to act or a series of such acts or failures to act.
Causing or substantially contributing to serious mental injury to a child through any act or failure to act or a series of such acts or failures to act.-Causing sexual abuse or exploitation of a child through any act or failure to act.
Causing sexual abuse or exploitation of a child through any act or failure to act.-Creating a reasonable likelihood of bodily injury to a child through any recent act or failure to act.
Creating a reasonable likelihood of bodily injury to a child through any recent act or failure to act.-Creating a likelihood of sexual abuse or exploitation of a child through any recent act or failure to act.
Creating a likelihood of sexual abuse or exploitation of a child through any recent act or failure to act.-Causing serious physical neglect of a child.
Causing serious physical neglect of a child.-(Additional specific acts are outlined in the definition of child abuse. This list of specific acts can be found on the www.KeepKidsSafe.pa.gov website.)
(Additional specific acts are outlined in the definition of child abuse. This list of specific acts can be found on the www.KeepKidsSafe.pa.gov website.)Exclusions from Child Abuse…
-Environmental factors.
Environmental factors.-Practices related to religious beliefs.
Practices related to religious beliefs.-The use of force for supervision, control and safety purposes.
The use of force for supervision, control and safety purposes.-Rights of parents. Nothing in this chapter shall be construed to restrain the generally recognized existing rights of parents to use reasonable force on or against their children for the purposes of supervision, control and discipline of their children. Such reasonable force shall not constitute child abuse.
Rights of parents. Nothing in this chapter shall be construed to restrain the generally recognized existing rights of parents to use reasonable force on or against their children for the purposes of supervision, control and discipline of their children. Such reasonable force shall not constitute child abuse.-Participation in events that involve physical contact with other children.
Participation in events that involve physical contact with other children.-Child-on-child contact.
Child-on-child contact.How is suspected child abuse to be reported?
-Call Childline: 1-800-932-0313.
Call Childline: 1-800-932-0313.-Call your local “Children & Youth Services” office.
Call your local “Children & Youth Services” office.-Report online at www.compass.state.pa.us/CWIS.
Report online at www.compass.state.pa.us/CWIS. Mandated Reporters shall immediately make an oral report of suspected child abuse to the department via the statewide toll-free telephone number (1-800-932-0313) or a written report using the CWIS online reporting system. If the mandated reporter has made an oral report of suspected child abuse, they must also make a written report, which is to be submitted within 48 hours to the department or county agency assigned to the case.
How are these new laws really going to affect you and your church and Sunday school? We have been assured that no one from any state agency will just drop in without cause at your church office demanding to see your information about who has had proper clearances and who has received the “Mandated Reporter” training. BUT, if anything was ever to happen – if any of your staff members or volunteers were to be accused of child abuse and it was discovered that you had not done proper background checks and clearances OR if an obvious case of child abuse was not reported by your workers or volunteers – you and your church could have very, very serious legal and liability problems! This is not something to take lightly! Child abuse is a major problem all across the nation! AND, think of the children! If you choose to do nothing or not to have all persons properly equipped and trained as “mandated reporters,” you could be putting the children or your church and community at even greater risk. And remember, not all situations that might be identified will necessarily be the result of child abuse. Many times these are the result of environmental, economic and other factors within the home – lack of food, heat and other resources, for example. Your church, working with Children & Youth Services and other groups, may be able to provide needed help and the resources that these families need – all resulting from the work and vigilance of your mandated reporters.
Our Recommendation:
Create a committee or group to study the new laws and how they will affect your church, your Sunday school and each of your staff members, teachers, leaders, workers and other volunteers. You need to establish specific guidelines for who needs to have background checks, who will pay for the background checks (the individuals themselves or your church), who should be require to take the “mandated reporter” training and any other areas, issues or questions related to the general area of child safety within your church and all of your programs and activities. THIS IS IMPORTANT! You need to take action and you need to do it NOW! All areas related to the implementation of these new laws must be done as soon as possible.
MUCH MORE INFORMATION is available through the Pennsylvania Department of Human Services’ special “Keep Kids Safe” website (www.KeepKidsSafe.pa.gov). You should consider this website as your “hub” for all information, training and reporting related to child safety and abuse.
PLEASE DO NOT CONTACT THE PENNSYLVANIA STATE SUNDAY SCHOOL ASSOCIATION with questions, comments and concerns related to these new laws and how they apply to your church and Sunday school. This information has been given to us through the Pennsylvania Department of Human Services and local Children & Youth Services Agencies. We are simply passing along this information to you because we feel that it is extremely important, and ALL churches, Sunday schools and other groups that provide any programs, services, training or activities for children need the information AND they need to take action to immediately implement all aspects of the new laws.
Pennsylvania State Sunday School Association
5915 Fox Street
Harrisburg, PA 17112
Phone (717) 652-1930
www.SundaySchoolHelp.org
