Child Abuse Identification and Reporting Policy
Flenniken Public Library
Carmichaels, Pennsylvania 15320
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Purpose
Under Title 23 Pa. C.S.A. Section 6311 of the Child Protective Services Law, 23 Pa. C.S.A. Section 6301 et seq., library employees are mandated reporters and are obligated by law to make a report of suspected child abuse.
Definitions
Child abuse shall mean any of the following:
- Any recent act or failure by a perpetrator which causes non-accidental serious physical injuries to a child under 18 years of age.
- Any act or failure to act by a perpetrator which cause non-accidental serious mental injury to or sexual exploitation of a child under 18 years of age.
- Any recent act, failure to act, or series of such 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.
- Serious physical neglect by a perpetrator constituting prolonged or repeated lack of supervision or the failure to provide essentials of life, including adequate medical care, which endangers a child’s life or development or impairs the child’s functioning.
Reporting Requirements and Guidelines
All Flenniken Public Library employees who have reasonable cause to suspect, on the basis of their training and experience, that a child they are aware of in their professional or official capacity is the victim of “child abuse,” “serious bodily harm,” “serious mental injury,” “serious physical injury,” and/or “sexual abuse or exploitation” shall immediately report said suspicion to the Library Director or if the Library Director is not available to the employee designated as in charge of the library at the time of the incident.
After the Library Director or individual in charge of the library at the time of identification have evaluated the initial report then the Library Director or individual in charge of the library shall in accordance with Section 6313 of the Child Protective Services Act report the suspected child abuse immediately by telephone to ChildLine and Abuse Registry (1-800-932-0313) and file a Form CY-47-6/95 or a successor form within 48 hours after the oral report with Greene County Children & Youth Services. A copy of the Form CY-47-6/95 is attached to this policy. The employee who made the initial report shall also be notified of the action taken by the Library Director or individual in charge. Nothing in this policy prohibits an employee from making a report directly to ChildLine as a permissive reporter. Permissive reporters may report anonymously.
A Flenniken Library employee shall not reveal the existence or content of a report to any other person except as mandated by this policy. The identity of the person who made the report shall not be revealed except to law enforcement and other appropriate agencies unless approved by the Secretary of Public Welfare of the Commonwealth after required notice to the employee.
A separate file concerning the report, any investigation and containing the applicable reporting form shall be retained by the Library Director in a locked filing cabinet and remain confidential at all times pursuant to Section 6339 of the Child Protective Services Law. If no determination is received the file shall continue to be maintained. In no event shall the contents of the file which discloses the name of the mandated reporter be revealed except as permitted by law.
An employee who willfully fails to report a case of suspected child abuse commits a misdemeanor of the third degree for the first violation and a misdemeanor of the second degree for a second or subsequent violation under the Child Protective Services Law, Section 6319.
A Flenniken Public Library employee who participated in good faith in making a report, cooperating with an investigation, testifying in a proceeding arising out of an instance of suspected child abuse, shall have immunity from civil or criminal liability that might otherwise result by reason of those actions. See Section 6318 of the Child Protective Services Law.
In the event no report is received from Children & Youth Services as to the disposition of the report, the Library Director shall make an inquiry of Children & Youth Services concerning the final status of the report following the investigation. Upon receipt of notice from Children & Youth Services of a determination following an investigation as to whether a report is indicated, founded or unfounded, said determination shall be noted in the confidential file.
If said report is unfounded the confidential file shall be destroyed as provided in Section 6337 of the Child Protective Services Law. If as a result of a request from an alleged perpetrator the record is amended or expunged then the information contained in the confidential file shall be amended or expunged in accordance with the order of the Secretary of Welfare as provided in Section 6341 of the Child Protective Services Law.
LEGAL REFERENCES
23 Pa. C.S.A. Section 6301
42 Pa. C.S.A. Section 6324
42 Pa. C.S.A. Section 5945
55 Pa. Code Section 3490.1 et seq.
Approved by the Library Board October 13, 2009 ______________________
The Flenniken Public Library policy was adapted from the Citizens Library [Washington, PA] Child Abuse Identification and Reporting Policy, 2008.