SUSPECTED CHILD ABUSE REPORTING AND RESPONSE; RESPONSE TO ALLEGATIONS/ADMISSIONS; OR CRIMINAL CHARGES
Reporting Suspected Child Abuse
How “Mandated” Reporting Works In PA
Anyone may report suspected child abuse. However, the PA CPSL imposes a reporting mandate, or requirement, on any individual who comes into contact with children in the course of his or her work or professional practice and has “reasonable cause to suspect” that the minor has been abused. These individuals are known as “mandated reporters.”
Church staff that should be considered mandated reporters under the CPSL are those who routinely come into contact with children, including pastors, music ministers, youth directors and any other paid staff expected to come into contact with children on a regular basis.
Volunteers who are “Approved Adults” are not considered mandated reporters under the CPSL; however, best practices in church settings require all such persons to immediately report any suspected abuse to the person designated in this policy, who in turn will make the required report. Our church follows this practice.
The mandate (requirement) to report applies only to those children with whom the mandated reporter comes into contact through church related activities/work. The CPSL stipulates that the abused child must be “under the care, supervision, guidance or training of [the mandated reporter] or of an agency, institution, organization or other entity with which that person is affiliated.”
Examples of children considered by the CPSL to be under the care or supervision of a church would include pre-school or other students, children enrolled in child- care programs, children being “babysat” during worship services or gatherings, children participating in educational, sports, music, recreational or other church ministries such as summer camp, Bible school, youth group, etc.
The mandate to report applies to all suspected child abuse, not just abuse that has been perpetrated by someone within the church. Possible abusers could include, for example, parents, relatives, older siblings, neighbors, coaches, school teachers, family friends and other children.
A mandated reporter need not make a first-hand observation of the suspected child abuse victim. Second-hand reports of abuse must be reported to the proper authorities if the mandated reporter has “reasonable cause to suspect” that child abuse has occurred.
For practical purposes, this means if a pastor is informed by a church member that a child who lives next door to her is being abused by her older brother – and the child is NOT a participant in church related activities – the legal “requirement” to report is not there. In this instance, the ethical imperative we have as Christians to protect the most vulnerable among us may guide our actions and even though we are not “required” to report, we may elect to do so. If the child, however, is attending Bible school, there is a requirement to report under the “care/guidance/or supervision” clause in the CPSL.
The CPSL specifically grants legal immunity to any individual who, in good faith, makes a report of suspected child abuse. Failure to report suspected abuse by a mandated reporter can result in child endangerment charges in some cases; as well as misdemeanor charges/penalties.
Internal Guidelines for Reporting Suspected Abuse
An employee or an Approved Adult who has reasonable cause to suspect that a child/youth under their care, guidance or supervision, or a child/youth not directly under their care, guidance or supervision but involved in any church program or activity, has been abused by anyone (including but not limited to the child/youth’s family, guardians, an Approved Adult or volunteer) shall immediately inform the Pastor or the Safe Sanctuary Coordinator and document the suspected abuse by completing a Suspected Child Abuse Incident Report. (See Appendix).
The church is not responsible for investigating or determining whether or not abuse has occurred. The standard under the law for reporting is that “a reasonable person has cause to believe the child has been abused.” It may be necessary to ask the child or person alleging the abuse has occurred for some clarification solely in order to determine if there is cause to believe abuse may have occurred.
Detailed interviews and extensive questioning with the child and/or the alleged abuser should be conducted by legal authorities, not the church.
If a child is injured or in pain, call 911 for an ambulance.
The Pastor and/or Safe Sanctuary Coordinator will immediately make an oral report by calling The Pennsylvania ChildLine and Abuse Registry (ChildLine) at 800 932- 0313 as required by law. The legal reporting obligation is met by calling ChildLine.
Following the required oral notification to ChildLine, the Lancaster County Children and Youth Agency (717-299-7925) may also be contacted by the Pastor or Safe Sanctuary Coordinator, as this follow-up call puts the reporter directly in touch with the persons who are familiar with the community and will be taking action on the report made to ChildLine. This may also facilitate a faster response.
Within 48 hours of the oral report to ChildLine, the Pastor or Safe Sanctuary Coordinator must complete a written report of the suspected abuse on Form CY-47 (See Appendix), based on the oral report and Suspected Child Abuse Incident Report of the Approved Adult or volunteer and send it to:
Lancaster County Children and Youth
900 East King Street
Lancaster, PA 17602
This is a legally required report.
The Pastor or Safe Sanctuary Coordinator shall notify the volunteer or staff person who reported suspected abuse of the date the written report on Form CY-47 was sent. The employee or Approved Adult may also report reasonable suspicions directly to ChildLine; however, such a report does not relieve the obligation to inform the Pastor or Safe Sanctuary Coordinator and complete an Incident Report.
The congregation will cooperate fully with government authorities investigating allegations of abuse. The initiative for investigating alleged abuse resides with the Department of Public Welfare (DPW) and/or law enforcement, and shall not be carried out by the congregation.
As a required reporter, the Pastor can request certain information about a child who was the subject of a report of suspected child abuse that he/she made.
Information can be requested verbally or in writing from the county agency. The information that can be released to the mandated reporter is limited to:
the final status of the child abuse report, in other words, whether it is indicated, founded or unfounded and any services provided, arranged for or to be provided by the county agency to protect the child
All allegations of child/youth abuse or serious physical neglect will be taken seriously by the Pastor(s), Leadership Team, and the Safe Sanctuary Committee. These allegations will be treated in strict confidence. All reporting steps taken will be documented, including a log of phone calls, personal visits, and written reports. Documentation should be kept in a secure file in the Church office.
All communications regarding the report of suspected child abuse shall attempt to protect the dignity and privacy of those persons affected by the report including the alleged child/youth victim and the person suspected of child abuse, while at the same time ensuring that persons in responsibility and law enforcement authorities remain fully informed.
Follow-Up, Investigation, Documentation
1. Following placement of the call to report suspected abuse to ChildLine, the Safe Sanctuary Coordinator or Pastor will inform the parent (provided that neither of the custodial parents is suspected of abuse). If a custodial parent is the alleged abuser, his or her first contact about the allegation should come from either Child & Youth Services or the police, not the church.
2. The church should not enter into discussion with the alleged abuser after a report has been filed and during the course of the legal investigation about the details of the complaint. The alleged abuser will be removed from any position in which he or she has supervisory authority over children pending the completion of the investigation.
3. The insurance company, the Lancaster District Bishop and Lancaster Mennonite Conference should be contacted after the report is filed as a matter of routine practice if the alleged abuse involves a staff person, if the abuse occurred on church property, or if the abuse involved a volunteer caregiver. The alleged abuser will have his/her ministry restricted to exclude contact with children immediately; and if employed by the church, may be placed on paid leave for a designated period of time during the investigation.
4. If an incident is reported that does not rise to the level of making a mandated report, the Safe Sanctuary Coordinator will inform the child’s parent(s) or guardian(s) of the concern and document the meeting.
Information
1. The extent to which information will be shared with the congregation will be determined by the Leadership Team, Pastor, Safe Sanctuary Committee and others as appropriate. The input of the district Bishop may be sought and, if pastoral staff is involved, the Lancaster Mennonite Conference Office may be consulted in making this decision.
2. All necessary parties will cooperate with the investigations made by the police.
3. The Leadership Team will authorize the Safe Sanctuary Coordinator or team designee to act as the official spokesperson for the congregation. Only the authorized person or persons may speak for the congregation to the news media, government agencies, attorneys, or others.
Continuing the Ministry of the Church
1. Pastoral support will be offered to all parties involved, including those who have made the complaint, the alleged abuser, the families of both, and the congregation. Decisions about how this support will be given will be made by pastoral staff and Leadership Team.
2. If the allegations involve pastoral staff, the ministry of the church will need to be maintained while the issue is being addressed. Decisions regarding how this will be accomplished will be made by the Leadership Team with assistance from the District Bishop.
Reporting Suspected Child Abuse
How “Mandated” Reporting Works In PA
Anyone may report suspected child abuse. However, the PA CPSL imposes a reporting mandate, or requirement, on any individual who comes into contact with children in the course of his or her work or professional practice and has “reasonable cause to suspect” that the minor has been abused. These individuals are known as “mandated reporters.”
Church staff that should be considered mandated reporters under the CPSL are those who routinely come into contact with children, including pastors, music ministers, youth directors and any other paid staff expected to come into contact with children on a regular basis.
Volunteers who are “Approved Adults” are not considered mandated reporters under the CPSL; however, best practices in church settings require all such persons to immediately report any suspected abuse to the person designated in this policy, who in turn will make the required report. Our church follows this practice.
The mandate (requirement) to report applies only to those children with whom the mandated reporter comes into contact through church related activities/work. The CPSL stipulates that the abused child must be “under the care, supervision, guidance or training of [the mandated reporter] or of an agency, institution, organization or other entity with which that person is affiliated.”
Examples of children considered by the CPSL to be under the care or supervision of a church would include pre-school or other students, children enrolled in child- care programs, children being “babysat” during worship services or gatherings, children participating in educational, sports, music, recreational or other church ministries such as summer camp, Bible school, youth group, etc.
The mandate to report applies to all suspected child abuse, not just abuse that has been perpetrated by someone within the church. Possible abusers could include, for example, parents, relatives, older siblings, neighbors, coaches, school teachers, family friends and other children.
A mandated reporter need not make a first-hand observation of the suspected child abuse victim. Second-hand reports of abuse must be reported to the proper authorities if the mandated reporter has “reasonable cause to suspect” that child abuse has occurred.
For practical purposes, this means if a pastor is informed by a church member that a child who lives next door to her is being abused by her older brother – and the child is NOT a participant in church related activities – the legal “requirement” to report is not there. In this instance, the ethical imperative we have as Christians to protect the most vulnerable among us may guide our actions and even though we are not “required” to report, we may elect to do so. If the child, however, is attending Bible school, there is a requirement to report under the “care/guidance/or supervision” clause in the CPSL.
The CPSL specifically grants legal immunity to any individual who, in good faith, makes a report of suspected child abuse. Failure to report suspected abuse by a mandated reporter can result in child endangerment charges in some cases; as well as misdemeanor charges/penalties.
Internal Guidelines for Reporting Suspected Abuse
An employee or an Approved Adult who has reasonable cause to suspect that a child/youth under their care, guidance or supervision, or a child/youth not directly under their care, guidance or supervision but involved in any church program or activity, has been abused by anyone (including but not limited to the child/youth’s family, guardians, an Approved Adult or volunteer) shall immediately inform the Pastor or the Safe Sanctuary Coordinator and document the suspected abuse by completing a Suspected Child Abuse Incident Report. (See Appendix).
The church is not responsible for investigating or determining whether or not abuse has occurred. The standard under the law for reporting is that “a reasonable person has cause to believe the child has been abused.” It may be necessary to ask the child or person alleging the abuse has occurred for some clarification solely in order to determine if there is cause to believe abuse may have occurred.
Detailed interviews and extensive questioning with the child and/or the alleged abuser should be conducted by legal authorities, not the church.
If a child is injured or in pain, call 911 for an ambulance.
The Pastor and/or Safe Sanctuary Coordinator will immediately make an oral report by calling The Pennsylvania ChildLine and Abuse Registry (ChildLine) at 800 932- 0313 as required by law. The legal reporting obligation is met by calling ChildLine.
Following the required oral notification to ChildLine, the Lancaster County Children and Youth Agency (717-299-7925) may also be contacted by the Pastor or Safe Sanctuary Coordinator, as this follow-up call puts the reporter directly in touch with the persons who are familiar with the community and will be taking action on the report made to ChildLine. This may also facilitate a faster response.
Within 48 hours of the oral report to ChildLine, the Pastor or Safe Sanctuary Coordinator must complete a written report of the suspected abuse on Form CY-47 (See Appendix), based on the oral report and Suspected Child Abuse Incident Report of the Approved Adult or volunteer and send it to:
Lancaster County Children and Youth
900 East King Street
Lancaster, PA 17602
This is a legally required report.
The Pastor or Safe Sanctuary Coordinator shall notify the volunteer or staff person who reported suspected abuse of the date the written report on Form CY-47 was sent. The employee or Approved Adult may also report reasonable suspicions directly to ChildLine; however, such a report does not relieve the obligation to inform the Pastor or Safe Sanctuary Coordinator and complete an Incident Report.
The congregation will cooperate fully with government authorities investigating allegations of abuse. The initiative for investigating alleged abuse resides with the Department of Public Welfare (DPW) and/or law enforcement, and shall not be carried out by the congregation.
As a required reporter, the Pastor can request certain information about a child who was the subject of a report of suspected child abuse that he/she made.
Information can be requested verbally or in writing from the county agency. The information that can be released to the mandated reporter is limited to:
the final status of the child abuse report, in other words, whether it is indicated, founded or unfounded and any services provided, arranged for or to be provided by the county agency to protect the child
All allegations of child/youth abuse or serious physical neglect will be taken seriously by the Pastor(s), Leadership Team, and the Safe Sanctuary Committee. These allegations will be treated in strict confidence. All reporting steps taken will be documented, including a log of phone calls, personal visits, and written reports. Documentation should be kept in a secure file in the Church office.
All communications regarding the report of suspected child abuse shall attempt to protect the dignity and privacy of those persons affected by the report including the alleged child/youth victim and the person suspected of child abuse, while at the same time ensuring that persons in responsibility and law enforcement authorities remain fully informed.
Follow-Up, Investigation, Documentation
1. Following placement of the call to report suspected abuse to ChildLine, the Safe Sanctuary Coordinator or Pastor will inform the parent (provided that neither of the custodial parents is suspected of abuse). If a custodial parent is the alleged abuser, his or her first contact about the allegation should come from either Child & Youth Services or the police, not the church.
2. The church should not enter into discussion with the alleged abuser after a report has been filed and during the course of the legal investigation about the details of the complaint. The alleged abuser will be removed from any position in which he or she has supervisory authority over children pending the completion of the investigation.
3. The insurance company, the Lancaster District Bishop and Lancaster Mennonite Conference should be contacted after the report is filed as a matter of routine practice if the alleged abuse involves a staff person, if the abuse occurred on church property, or if the abuse involved a volunteer caregiver. The alleged abuser will have his/her ministry restricted to exclude contact with children immediately; and if employed by the church, may be placed on paid leave for a designated period of time during the investigation.
4. If an incident is reported that does not rise to the level of making a mandated report, the Safe Sanctuary Coordinator will inform the child’s parent(s) or guardian(s) of the concern and document the meeting.
Information
1. The extent to which information will be shared with the congregation will be determined by the Leadership Team, Pastor, Safe Sanctuary Committee and others as appropriate. The input of the district Bishop may be sought and, if pastoral staff is involved, the Lancaster Mennonite Conference Office may be consulted in making this decision.
2. All necessary parties will cooperate with the investigations made by the police.
3. The Leadership Team will authorize the Safe Sanctuary Coordinator or team designee to act as the official spokesperson for the congregation. Only the authorized person or persons may speak for the congregation to the news media, government agencies, attorneys, or others.
Continuing the Ministry of the Church
1. Pastoral support will be offered to all parties involved, including those who have made the complaint, the alleged abuser, the families of both, and the congregation. Decisions about how this support will be given will be made by pastoral staff and Leadership Team.
2. If the allegations involve pastoral staff, the ministry of the church will need to be maintained while the issue is being addressed. Decisions regarding how this will be accomplished will be made by the Leadership Team with assistance from the District Bishop.
