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Persons required to report suspected child abuse - 23 Pa. Cons. Stat. § 6311

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                               SUBCHAPTER B
                   PROVISIONS AND RESPONSIBILITIES FOR
                     REPORTING SUSPECTED CHILD ABUSE

     Sec.
     6311.  Persons required to report suspected child abuse.
     6312.  Persons permitted to report suspected child abuse.
     6313.  Reporting procedure.
     6314.  Photographs, medical tests and X-rays of child subject
            to report.
     6315.  Taking child into protective custody.
     6316.  Admission to private and public hospitals.
     6317.  Mandatory reporting and postmortem investigation of
            deaths.
     6318.  Immunity from liability.
     6319.  Penalties for failure to report.

        Chapter Heading.  The heading of Subchapter B was amended
     December 16, 1994, P.L.1292, No.151, effective July 1, 1995.
     § 6311.  Persons required to report suspected child abuse.
        (a)  General rule.--A person who, in the course of
     employment, occupation or practice of a profession, comes into
     contact with children shall report or cause a report to be made
     in accordance with section 6313 (relating to reporting
     procedure) when the person has reasonable cause to suspect, on
     the basis of medical, professional or other training and
     experience, that a child under the care, supervision, guidance
     or training of that person or of an agency, institution,
     organization or other entity with which that person is
     affiliated is a victim of child abuse, including child abuse by
     an individual who is not a perpetrator. Except with respect to
     confidential communications made to a member of the clergy which
     are protected under 42 Pa.C.S. § 5943 (relating to confidential
     communications to clergymen), and except with respect to
     confidential communications made to an attorney which are
     protected by 42 Pa.C.S. § 5916 (relating to confidential
     communications to attorney) or 5928 (relating to confidential
     communications to attorney), the privileged communication
     between any professional person required to report and the
     patient or client of that person shall not apply to situations
     involving child abuse and shall not constitute grounds for
     failure to report as required by this chapter.
        (b)  Enumeration of persons required to report.--Persons
     required to report under subsection (a) include, but are not
     limited to, any licensed physician, osteopath, medical examiner,
     coroner, funeral director, dentist, optometrist, chiropractor,
     podiatrist, intern, registered nurse, licensed practical nurse,
     hospital personnel engaged in the admission, examination, care
     or treatment of persons, Christian Science practitioner, member
     of the clergy, school administrator, school teacher, school
     nurse, social services worker, day-care center worker or any
     other child-care or foster-care worker, mental health
     professional, peace officer or law enforcement official.
        (c)  Staff members of institutions, etc.--Whenever a person
     is required to report under subsection (b) in the capacity as a
     member of the staff of a medical or other public or private
     institution, school, facility or agency, that person shall
     immediately notify the person in charge of the institution,
     school, facility or agency or the designated agent of the person
     in charge. Upon notification, the person in charge or the
     designated agent, if any, shall assume the responsibility and
     have the legal obligation to report or cause a report to be made
     in accordance with section 6313. This chapter does not require
     more than one report from any such institution, school, facility
     or agency.
        (d)  Civil action for discrimination against person filing
     report.--Any person who, under this section, is required to
     report or cause a report of suspected child abuse to be made and
     who, in good faith, makes or causes the report to be made and,
     as a result thereof, is discharged from his employment or in any
     other manner is discriminated against with respect to
     compensation, hire, tenure, terms, conditions or privileges of
     employment, may commence an action in the court of common pleas
     of the county in which the alleged unlawful discharge or
     discrimination occurred for appropriate relief. If the court
     finds that the person is an individual who, under this section,
     is required to report or cause a report of suspected child abuse
     to be made and who, in good faith, made or caused to be made a
     report of suspected child abuse and, as a result thereof, was
     discharged or discriminated against with respect to
     compensation, hire, tenure, terms, conditions or privileges of
     employment, it may issue an order granting appropriate relief,
     including, but not limited to, reinstatement with back pay. The
     department may intervene in any action commenced under this
     subsection.
     (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Nov. 29,
     2006, P.L.1581, No.179, eff. 180 days)

        2006 Amendment.  Act 179 amended subsec. (a).
        1994 Amendment.  Act 151 amended subsecs. (a) and (b).
        Cross References.  Section 6311 is referred to in sections
     6313, 6318, 6340 of this title.
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Last modified: November 27, 2007