The Child Protective Services Law

The Child Protective Services Law imposes reporting obligations on individuals who, in the course of their employment, come into contact with a child (an individual under 18 years of age) who they have reasonable cause to suspect is abused. Child abuse is specifically defined by the statute to include:

1. A recent act or failure to act that causes non-accidental serious physical injury;
2. An act or failure to act that causes non-accidental serious mental injury or sexual abuse or exploitation;
3. A recent act or failure to act that creates an imminent risk of serious physical injury or sexual abuse or sexual exploitation; or
4. Serious physical neglect constituting repeated lack of supervision or failure to provide essential care (including adequate medical care) which endangers a child’s life or development or impairs his/her functioning.

Individuals covered by the Act are obligated to make an immediate oral report of suspected child abuse to the Department of Public Welfare or Child and Youth Services. The oral report must be supplemented by a written report within 48 hours. Any individual who reasonably suspects child abuse, even if he or she is not obligated by law to report it, may also contact the appropriate state authorities. An individual who reports suspected child abuse or participates in an abuse investigation, assuming that he or she acts in good faith, is immune from civil and criminal liability.