CHILD ABUSE REPORTING REQUIREMENTS
§ 42.41. Definitions relating to child abuse reporting requirements.
The following words and terms, when used in this section and § § 42.4242.47 (relating to child abuse reporting requirements), have the following meanings, unless the context clearly indicates otherwise:
Child abuseA term meaning any of the following:
(i) A recent act or failure to act by a perpetrator which causes nonaccidental serious physical injury to a child under 18 years of age.
(ii) An act or failure to act by a perpetrator which causes nonaccidental serious mental injury to or sexual abuse or sexual exploitation of a child under 18 years of age.
(iii) A recent act, failure to act or series of acts or failures to act by a perpetrator which creates an imminent risk of serious physical injury to or sexual abuse or sexual exploitation of a child under 18 years of age.
(iv) Serious physical neglect by a perpetrator constituting prolonged or repeated lack of supervision or the failure to provide the essentials of life, including adequate medical care, which endangers a childs life or development or impairs the childs functioning.
ChildLineAn organizational unit of the Department of Public Welfare which operates a 24-hour a day Statewide toll free telephone system for receiving reports of suspected child abuse, referring reports for investigation and maintaining the reports in the appropriate file.
Individual residing in the same home as the childAn individual who is 14 years of age or older and who resides in the same home as the child.
PerpetratorA person who has committed child abuse and is a parent of the child, a person responsible for the welfare of a child, an individual residing in the same home as a child or a paramour of a childs parent.
Person responsible for the childs welfareA 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 does not include a person who is employed by or provides services or programs in a public or private school, intermediate unit or area vocational-technical school.
Recent acts or omissionsActs or omissions committed within 2 years of the date of the report to the Department of Public Welfare or county agency.
Serious mental injuryA psychological condition, as diagnosed by a physician or licensed psychologist, including the refusal of appropriate treatment, that does one or more of the following:
(i) Renders a child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic or in reasonable fear that the childs life or safety is threatened.
(ii) Seriously interferes with a childs ability to accomplish age-appropriate developmental and social tasks.
Serious physical injuryAn injury that causes a child severe pain or significantly impairs a childs physical functioning, either temporarily or permanently.
Sexual abuse or exploitationThe employment, use, persuasion, inducement, enticement or coercion of a child to engage in or assist another person to engage in sexually explicit conduct, or a simulation of sexually explicit conduct, for the purpose of producing a visual depiction, including photographing, videotaping, computer depicting or filming of sexually explicit conduct or the rape, sexual assault, involuntary deviate sexual intercourse, aggravated indecent assault, molestation, incest, indecent exposure, prostitution, statutory sexual assault or other form of sexual exploitation of children.
The provisions of this § 42.41 issued under the Child Protective Services Law, 23 Pa.C.S. § 6383(b)(2); and section 5 of the Occupational Therapists Practice Act (63 P. S. § 1505).
The provisions of this § 42.41 adopted November 8, 1996, effective November 9, 1996, 26 Pa.B. 5425.
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