Pennsylvania Child Abuse Laws

Pennsylvania’s child abuse laws encompass physical, mental abuse, sexual assault or exploitation, and neglect of children under 18. These laws designate certain professionals as mandatory reporters, including healthcare providers, school employees, and clergy. Failure to report suspected abuse can result in fines and imprisonment, with severe penalties for repeated offenses or false reports. Reporting suspected abuse is crucial and protected under state law, ensuring the safety and welfare of children.

Pennsylvania child abuse cases are covered by both the family and criminal codes. The Commonwealth includes various types of violence or neglect committed against children under 18 years of age in its definition of child abuse.

Child abuse includes acts of physical and mental abuse, sexual assault or exploitation, and child neglect. Physical abuse charges also often include assault and battery.

State law also requires certain adults to be mandatory reporters of child abuse and neglect. If you suspect a child is being abused or neglected, report it to the Department of Human Services' Office of Children, Youth, and Families (OCYF) right away.

Pennsylvania Child Abuse Statutes

Child abuse laws vary by state. In Pennsylvania, Title 23 primarily governs the legal framework for child abuse and neglect. This legal framework applies statewide, including regulations for the OCYF.

The table below summarizes Pennsylvania's child abuse laws.

Code Section

Pennsylvania Statutes Title 23 Pa.C.S.A. Domestic Relations § 6303, et seq.

Definition of child abuse

Section 6303(b.1) defines child abuse as the intentional, knowing, or reckless doing any of the following:

  • Causing bodily injury to a child
  • Medical abuse, such as faking or intentionally inducing symptoms
  • Causing serious mental injury
  • Sexual abuse or sexual exploitation
  • Creating a likelihood of sexual abuse or exploitation of a child through act or failure to act
  • Specific acts such as kicking, biting, throwing, burning, stabbing, cutting, interfering with breathing, or other physical violence that endangers the child's well-being
  • Unreasonably restraining or confining a child
  • Forcefully shaking a child under a year old
  • Physical neglect or causing serious physical neglect of a child
  • Leaving the child with a person other than the child's parent who is known or should be known as a sexually violent predator or a sexual offender
  • Drug exposure

Mandatory reporters

Pennsylvania state law requires certain professionals to report suspected abuse and neglect. They often have direct contact with the child or are responsible for the child’s welfare or medical care. The following people are mandated reporters:

  • Licensed healthcare providers
  • Medical examiners, coroners, and funeral directors
  • Admissions employees at health care facilities
  • School employees
  • Child-care service providers
  • Members of the clergy (priests, rabbis, ministers, etc.)
  • Social services employees
  • Law enforcement officials and peace officers
  • Emergency medical personnel
  • Public library employees who have direct contact with children
  • Foster parents
  • Adult family members who are responsible for the child's welfare

Anyone who is in direct contact with children as a part of their job is likely also a mandatory reporter.

Failure to report

The Child Protective Services Law in Pennsylvania provides fines and penalties for those who fail to report suspected cases of child abuse or knowingly make false reports of child abuse.

  • First violation: Summary offense punishable by up to 90 days in jail and a $300 fine
  • Second and subsequent violations: Third-degree misdemeanor punishable by up to one year in prison and a $2,500 fine

False reporting

  • Intentionally making a false report is a second-degree misdemeanor punishable by up to two years imprisonment and a fine of $5,000.
  • Multiple false reports can lead to third-degree felony charges, with a prison sentence of up to seven years and a fine of $15,000.

Related Statutes

Pennsylvania Statutes Title 18, § 4304: Endangering Welfare of Children

What Can CPS Do and Not Do In Pennsylvania?

County agencies responsible for Child Protective Services (CPS) in Pennsylvania work within defined legal boundaries. For instance, they are able to:

  • Investigate reports of suspected cases of child abuse
  • Conduct an interview of a child or children at school without parental permission
  • Request for medical records and school documents
  • Create safety plans with families
  • File a petition to the courts for protective orders
  • Coordinate with the local law enforcement authorities
  • Refer to families for support services

However, Child Protection Services also has limitations. CPS cannot:

  • Enter homes without a court order
  • Remove children from the family home or custody without proper legal authority
  • Conduct physical examination of the child without parental consent
  • Force participation in child services
  • Share details of cases with unauthorized third parties
  • Determine custody arrangements between parents
  • Override custody orders

A family law attorney can help you protect your parental rights in CPS proceedings.

Reporting Child Abuse

You should file a report when there is reasonable cause to suspect that abuse occurred. Mandatory reporters can file their report with the National Childhelp Hotline at 1.800.4.A.CHILD (1.800.422.4453). You can also contact Pennsylvania's ChildLine, a free hotline that receives reports of cases of child abuse or neglect. ChildLine is available 24 hours a day, seven days a week.

For emergencies, it is best to contact your local law enforcement authority. Call 911 if anyone is in immediate danger.

Pennsylvania law protects good-faith reporters from liability. You do not need to have an absolute proof of child abuse. A reasonable cause to believe that abuse occurred or occurs is sufficient. Advocacy groups can also work alongside mandatory reporters to ensure the child’s safety.

Charged with Violating Pennsylvania Child Abuse Laws? Contact a Lawyer

Child abuse allegations can carry serious consequences. These cases can affect your visitation rights, custody arrangements, and your relationship with your children. It could also affect your work as you may face restrictions on working with children.

Whether you are a parent of the child or an individual facing child abuse charges, it is best to contact a lawyer. They can help evaluate your case and explain your legal rights and options.

A family law attorney can guide you through child protective services proceedings and family court matters. They can help you protect your parental rights and consider your child's best interest.

A criminal defense attorney can help you defend yourself against criminal charges. They'll protect your constitutional rights and help you achieve a better outcome than going it alone. 

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