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02/13/2004: "Mandated Reporting of Child Abuse in Pennsylvania"

Tonight I was browsing one of my new favorite sites, Confessions of a Dancing Bear, when I saw that Jeff wrote:

"PA states that we report 'when (we) have reasonable cause to suspect, on the basis of their medical, professional or other training and experience, that a child coming before (us) in their professional or official capacity is an abused child.' Note this would require the client’s sister to be present and for her to have told us (impossible due to her age) or have some kind of physical evidence of abuse (not that any would be there from her brother trying to set her on fire!)."

I've had this discussion with many people, including mental health professionals, who don't believe that you are only required to report suspected child abuse in Pennsylvania if you actually see the child in your role as a professional. If the child's parent tells you he or she is abusing the child, you are not obligated to make a report. Furthermore, if you make a report against the abuser's wishes (as would often be the case) you run the risk of running afoul of confidentiality statutes.

So what would happen in Jeff's case if it occurred at a crisis unit in Pennsylvania, instead of New Jersey? Would he be excused from making a report, because he is working with the abuser? Under the Child Protective Services Law, the answer would be "yes." However, if he had good reason to believe that a child was at risk of serious harm (i.e., he believed the abuser's claims of abuse, and felt it was likely to happen again soon), he might be obliged to act in some way under Pennsylvania's version of the Tarasoff law. Unfortunately, the law is not too clear on this point, and in all likelihood it will be resolved in the courts one day instead of the legislature. This means, of course, that at some point, some psychotherapist is going to wind up in a heap of trouble.

You can read the Child Abuse Reporting Requirements for yourself, and we will be reviewing them in class.