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Q: pennsylvania law regarding teachers ( Answered,   3 Comments )
Question  
Subject: pennsylvania law regarding teachers
Category: Reference, Education and News
Asked by: shellske-ga
List Price: $2.00
Posted: 11 Sep 2006 10:07 PDT
Expires: 11 Oct 2006 10:07 PDT
Question ID: 764172
Please find out what the pennsylvania law states regarding the legal
responsibilities of a teacher teaching in pennsylvania, e.g., what is
he/she libel for regarding suspected child abuse? I need to know the
entire legal statement not just in reference to abuse.
Answer  
Subject: Re: pennsylvania law regarding teachers
Answered By: denco-ga on 11 Sep 2006 14:02 PDT
 
Howdy shellske-ga,

The comment by research_help-ga is quite right in that Pennsylvania teachers
are required by law to report suspected child abuse.

This is covered under Pennsylvania Consolidated Statutes, Title 23 (Domestic
Relations) Chapter 63 (Child Protecive Services) under § 6311 - "Persons
required to report suspected child abuse" through § 6319 - "Penalties for
failure to report."

Thomas E. Martin, Jr., Esq. has written and maintains a website which includes
the above statutes.

"PENNSYLVANIA CONSOLIDATED STATUTES - DOMESTIC RELATIONS (TITLE 23) - ABUSE OF
FAMILY - CHAPTER 63 - CHILD PROTECTIVE SERVICES"
http://members.aol.com/StatutesP5/23.Cp.63B.html

"...
(a) General rule.--Persons who, in the course of their employment,
occupation or practice of their profession, come into contact with
children shall report or cause a report to be made in accordance with
section 6313 (relating to reporting procedure) when they have
reasonable cause to suspect, on the basis of their medical,
professional or other training and experience, that a child coming
before them in their professional or official capacity is an abused
child.
...
(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.
...
§ 6318. Immunity from liability.
(a) General rule.--A person, hospital, institution, school, facility, agency or
agency employee that participates in good faith in the making of a report,
cooperating with an investigation, testifying in a proceeding arising out of an
instance of suspected child abuse, the taking of photographs or the removal or
keeping of a child pursuant to section 6315 (relating to taking child into
protective custody), and any official or employee of a county agency who refers
a report of suspected abuse to law enforcement authorities or provides services
under this chapter, shall have immunity from civil and criminal liability that
might otherwise result by reason of those actions.

(b) Presumption of good faith.--For the purpose of any civil or criminal
proceeding, the good faith of a person required to report pursuant to section
6311 (relating to persons required to report suspected child abuse) and of any
person required to make a referral to law enforcement officers under this
chapter shall be presumed.

§ 6319. Penalties for failure to report.
A person or official required by this chapter to report a case of suspected
child abuse who willfully fails to do so commits a summary offense for the
first violation and a misdemeanor of the third degree for a second or
subsequent violation."

You should read the above referenced document in detail for things such as the
written report procedures (§ 6313. Reporting procedure.}

If you need any clarification, please feel free to ask.


Search strategy:

Google search on: Pennsylvania reporting "child abuse"
://www.google.com/search?q=Pennsylvania+reporting+%22child+abuse%22

Looking Forward, denco-ga  Google Answers Researcher
Comments  
Subject: Re: pennsylvania law regarding teachers
From: research_help-ga on 11 Sep 2006 13:04 PDT
 
I live in PA and am related to several teachers, and from what I know,
teachers are called "mandatory reporters." Teachers are required by
law to report any suspected child abuse to the proper authorities. 
I'll leave it to an official researcher to provide you with the
relevant laws.
Subject: Re: pennsylvania law regarding teachers
From: frde-ga on 12 Sep 2006 06:30 PDT
 
'Libel' - is written, 'Slander' is verbal.

Liability or liable is something rather different.

My guess is that you are worried about someone you know, who has not
picked up, or followed up on signs.
Subject: Re: pennsylvania law regarding teachers
From: denco-ga on 12 Sep 2006 11:27 PDT
 
I took it that shellske-ga intended to type "liable" as in "What is he/she
liable for ..." as that would make the better sense in the question.

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