Safeguarding God’s Children

What is the impact of the new PA laws upon Children and Youth ministry?

Building and deepening Christian Community through SGC Training

Higher Purpose:

To offer to the diocese; congregations and convocational regions information from the new PA state laws to develop safe space through their instruction, formation, modeling, listening, and responding. The goal of each training is to accomplish;

1. Recognition of the signs of abuse and sexual misconduct and reporting requirements for suspected abuse and sexual misconduct in this Commonwealth.

2. Training as a way to stronger healthier communities, being able to name the “dis-ease”

3. Providing a contact person for questions, and clear response protocol

4. Organizing SGC on line training for each congregation in Diocese of CPA

5. To ground the training and community in prayer and Scripture and Baptismal Covenant as the context for learning and responding.

Prayer for the mission of the church

Ever living God, whose will it is that all should come to you through

your Son Jesus Christ: Inspire our witness to him, that all may know

the power of his forgiveness and the hope of his resurrection; who

lives and reigns with you and the Holy Spirit, one God, now and for

ever. Amen.

Update on what is happening in CPA

• Policy and Procedure manual is updated ( see FAQ sheet) to include and respond to the new mandatory reporting laws that became effective on December 31, 2015.

• Availability of on line training will still need facilitation and coordination by trainers, it is not a “quick fix” EACH CONGREGATION NEEDS A COORDINATOR.

• SGC is now part of the Stevenson School for ministry, along with SGP. ( no longer being coordinated out of the Children and Youth office)

• Canon to the Ordinary, Bill Grafius is trained and responsible for mandatory reporting in CPA.

ACT 126 – Child Abuse Recognition and Reporting Act

• On July 5, 2012, Governor Corbett signed into law Act 126 which made significant changes to the Educator Discipline Act.  

• Those changes became effective January 2, 2013 and required all school entities and independent contractors of school entities to provide training to all employees, including contracted substitute teachers, who have direct contact with children.

• School entities include: public school, charter school, cyber charter school, private school, nonpublic school, intermediate unit or area vocational-technical school.

PA Department of Education Child Abuse Recognition and Reporting Training- Frequently Asked Questions Revised November 2014

Child Abuse Recognition and Reporting Act and

Child Protective Service Law (CPSL) Amendments

• Towards the end of 2013 and throughout 2014, the Pennsylvania legislature enacted 23 additional laws which have had a tremendous impact on child protection statutes including the CPSL.

• As a result of these new laws, PDE suspended the approval of all Act 126 child abuse and reporting trainings previously approved for Act 48 credit until these changes can be incorporated.

• Training sessions currently approved for Act 126 credit are located on the PDE Website at http://www.portal.state.pa.us

Child Protective Service Law (CPSL)Amendments

CPSL amendments resulted in:

• Changes and expansion in the definitions of:• Child abuse

• Perpetrator

• Mandated reporter

• Changes in the procedures for reporting child abuse.

CPSL – Mandated Reporters23 PA. C.S. § 6311

• With the amendments, the CPSL now delineates 15 categories of mandated reporters. (please see handout for all 15 categories)

• Mandated reporters now include but are not limited to:

• All school employees

• Emergency medical service provider

• Foster parents

• Certain attorneys

• Individuals paid or unpaid (including volunteers) who, on the basis of their role as an integral part of a regularly scheduled program, activity or service, accepts responsibility for a child.

CPSL – Mandated Reporters

• The CPSL identifies certain individuals who are mandated to report only when they have direct contact with children.

• Child care service, social service, and public library employees and independent contractors are mandated to report when they have direct contact with children. 23 PA. C.S. § 6311 (a)

• Individuals who are supervised or managed by other mandated reporters and have direct contact with children in their employment are also mandated reporters. 23 PA. C.S. § 6311 (a) (12)

• Direct contact with children is defined as the care, supervision, guidance or control of children, or routine interaction with children. 23 PA. C.S. §6303 (a)

• Independent contractors are individuals who provide a program, activity or service to an agency, institution, organization or other entity, including a school or regularly established religious organization, that is responsible for the care, supervision, guidance or control of children. The term does not include an individual who has no direct contact with children. 23 PA. C.S. §6303 (a)

CPSL - Mandated Reporters

A clergyperson, priest, rabbi, minister, Christian Science practitioner, religious healer or spiritual leader of any

regularly established church or other religious organization is a mandated reporter. 23 Pa. C.S. § 6311. (a)(6)

Some communications made to a member of the clergy are protected under Pennsylvania law. The law explains when

such communication is protected and when it must be reported. Clergy cannot be compelled to disclose privileged

information. 23 Pa. C.S. § 6311.1. (b)(1)

CPSL – Mandated ReporterBasis to Report 23 Pa. C.S. § 6311 (b)

Mandated reporters must report when:

• They come in contact with a child in the course of employment, occupation, and practice of a profession or through a regularly scheduled program or service

• They are directly responsible for the care, supervision, guidance, or training of the child, or are affiliated with an agency, institution, organization, school, regularly established church or religious organization or other entity that is directly responsible for the care, supervision, guidance or training of the child

• A person makes a specific disclosure to the mandated reporter that an identifiable child is the victim of child abuse

• An individual 14 years of age or older makes a specific disclosure to the mandated reporter that the individual has committed child abuse

CPSL – Permissive Reporters23 Pa. C. S. § 6312

ANYONE

with reasonable cause to suspect that

a child is a victim of abuse is

strongly encouraged to report Permissive reporters should make reports of suspected child abuse to ChildLine by phone at 1-800-932-0313

CPSL – Reporting Procedures Mandated Reporters

• Mandated reporters must make a report of suspected child abuse directly and immediately to ChildLine

• Mandated reporters are encouraged to make reports electronically through the Child Welfare Portal at https://www.compass.state.pa.us/cwis/public/home 23 Pa. C. S. § 6313 (a) (1)

• If a mandated reporter makes an oral report, that reporter must also make a written report, which may be submitted electronically, within 48 hours to ChildLine or to the county agency assigned to the case 23 Pa. C. S. § 6313 (a) (2)

• A written report of suspected child abuse, which may be submitted electronically, must include certain information, if known. Please see handout for a list of required information.

CPSL – Reporting ProceduresInstitutions, Schools, Facilities, or Agencies

• Staff at medical or other public or private institution, school, facility, or agency and including congregations must report immediately and directly to ChildLine

• These individuals no longer file reports directly to the person in charge of their entity

• After reporting to ChildLine, these mandated reporters must then notify the person in charge of their institution, school, agency, or facility

• The person in charge must facilitate the cooperation of the institution, school, facility, or agency with any investigation of the report

• The law imposes penalties if any person attempts to intimidate, retaliate, or obstruct an individual from reporting suspected child abuse

• No more than one report to ChildLine of an incident is required from any institution, school, facility, or agency 23 Pa. C.S. § 6311 (c)

CPSL – Protections

• CPSL provides protections for all reporters of suspected child abuse• When a report is made in “good faith,” a reporter is immune from civil or

criminal liability 23 PA. C. S. § 6318

• Penalties are imposed if any person attempts to intimidate, retaliate, or obstruct a staff person of an entity from reporting suspected child abuse 23 PA. C. S. § 6311 (c)

• Reporters may take action for appropriate relief if discharged from employment or discriminated against in any other way as a result of making a report of suspected child abuse 23 Pa. C.S. § 6320

CPSL – Penalties 23 Pa. C.S. § 6319

• Mandated reporters are required by law to report when they have reasonable cause to suspect a child is the victim of abuse

• A mandated reporter who willfully fails to make a report of suspected child abuse could face legal penalties, including fines and/or incarceration

• These penalties increase with repeated violations

Clearances - Individuals The following individuals, prior to the commencement of their employment or service, shall be required to submit certain information to an employer, administrator, supervisor or other person responsible for employment decisions or involved in the selection of volunteers:

• An employee of child-care services.

• A foster parent.

• A prospective adoptive parent.

• A self-employed family day-care provider.

• An individual 14 years of age or older applying for a paid position as an employee responsible for the welfare of a child or having direct contact with children, including nursery work.

• Any individual seeking to provide child-care services under contract with a child-care facility or program.

The following individuals, at the time they meet this description, shall also be required to submit certain information:

• An individual 18 years of age or older who resides in the home of a foster parent for at least 30 days in a calendar year or who resides in the home of a prospective adoptive parent for at least 30 days in a calendar year.

23 PA. C.S. § 6344. (a) (b)

Clearances - Required

The information that must be submitted includes:

• A report of criminal history record information from the Pennsylvania State Police or a statement from the Pennsylvania State Police that the State Police central repository contains no such information relating to that person.

• A certification from the department as to whether the applicant is named in the Statewide database as the alleged perpetrator in a pending child abuse investigation or as the perpetrator of a founded report or an indicated report.

• A report of Federal criminal history record information. The applicant shall submit a full set of fingerprints to the Pennsylvania State Police for the purpose of a record check, and the Pennsylvania State Police or its authorized agent shall submit the fingerprints to the Federal Bureau of Investigation for the purpose of verifying the identity of the applicant and obtaining a current record of any criminal arrests and convictions.

23 PA. C.S. § 6344. (b)

Clearances - Required

Effective December 31, 2014:

• The individuals identified in the previous slides shall be required to obtain these certifications or clearances every 36 months.

• Any individuals identified with a current certification issued prior to December 31, 2014 shall be required to obtain these certifications within 36 months from the date of their most recent certification OR

• If their current certification is older than 36 months, they must obtain these certifications within one year of the effective date of this section, December 31, 2015. 23 PA. C. S. § 6344.4.

Clearances – School Employees

All school employees must also obtain

• A report of criminal history record information from the Pennsylvania State Police or a statement from the Pennsylvania State Police that the State Police central repository contains no such information relating to that person.

• A certification from the department as to whether the applicant is named in the Statewide database as the alleged perpetrator in a pending child abuse investigation or as the perpetrator of a founded report or an indicated report.

• A report of Federal criminal history record information 23 PA. C.S. § 6344. (a.1)

Clearances – School Employees

Effective December 31, 2014:

• School employees identified shall be required to obtain the required reports or clearances every 36 months.

• Any individuals identified with a current certification issued prior to December 31, 2014 shall be required to obtain these certifications within 36 months from the date of their most recent certification OR

• If their current certification is older than 36 months, they must obtain these certifications within one year of the effective date of this section, December 31, 2015.

23 PA. C.S. § 6344.4. 

Clearances - Volunteers Adult volunteers who are responsible for the welfare of children or have direct contact with children must also be required to provide :

• A report of criminal history record information from the Pennsylvania State Police or a statement from the Pennsylvania State Police that the State Police central repository contains no such information relating to that person.

• A certification from the department as to whether the applicant is named in the Statewide database as the alleged perpetrator in a pending child abuse investigation or as the perpetrator of a founded report or an indicated report.

• A report of Federal criminal history record information.

• FBI clearance is not required as long as the position is unpaid, the individual is a Pennsylvania resident continuously for the past 10 years; and signs a disclaimer affirming no charges in other states that would prohibit selection as a volunteer

• Effective July 1, 2015, these clearance requirements must be renewed every 36 months.

23 PA. C.S. § 6344.2.

Clearances - Volunteers

Effective July 1, 2015:

• A volunteer having contact with children shall be required to obtain the certifications every 36 months. 23 PA. C.S. § 6344.4. 

• If clearances were issued prior to July 1, 2015 and are less than 36 months old – 36 months from the date of their most recent certification

• If clearances were issued prior to July 1, 2015 and are more than 36 months old – by July 1, 2016. (PA. Department of Human Services PowerPoint Presentation retrieved http://www.pacwrc.pitt.edu/CPSLResources.htm on 3/5/2015 )

Clearances – Notification Requirements• Employees or volunteers:

• Arrested for or convicted of an offense that would lead to denying employment or participation in a program, activity or service or is named as a perpetrator in a founded or

• indicated report, the employee or volunteer shall provide written notice not later than 72 hours after the arrest, conviction or notification that the person has been listed as a perpetrator in the Statewide database 23 PA. C.S. § 6344.3. (g)

• Persons responsible for employment decisions or the administrator of a program, activity or service who

• Have reasonable belief that an employee or volunteer was arrested or convicted for an offense that would deny employment or participation in a program, activity or service or was named as a perpetrator in a founded or indicated report, or the employee or volunteer has provided notice of above

• Shall immediately require the employee or volunteer to submit current information as required under subsection 6344(b).

• The cost of the information set forth in subsection 6344(b) shall be borne by the employing entity or program, activity or service. 23 PA. C.S. § 6344.3. (g)

• Employees or volunteers who willfully fails to disclose this information commits a misdemeanor of the third degree and shall be subject to discipline up to and including termination or denial of employment or volunteer position 23 PA. C.S. § 6344.3. (h)

Clearances – The Employer and Other’s Responsibilities !

• Employers, administrators, supervisors or other persons responsible for selection of volunteers shall require an applicant to submit to all clearance requirements

• An employer, administrator, supervisor or other person responsible for selection of volunteers regarding an applicable prospective volunteer under this section that intentionally fails to require the submissions before hiring that individual commits a misdemeanor of the third degree.

23 PA. C.S. § 6344.2.  (b)

Responsibilities

• Persons responsible for administration of a program, activity or service who has a reasonable belief that a volunteer

• was arrested or convicted of an offense that would deny participation in a program, activity or service; or

• named as a perpetrator in an indicated or founded report:

• must immediately require the volunteer to obtain a clearance

• Cost of clearance is borne by the program, activity or service

• 23 PA. C.S. § 6344.3.  Continued employment or participation in program, activity or service.

Expanding SGC On-line process - Implications for parishes

• Each parish is solely responsible for recording dates and numbers of disclosures, and seeking renewals when they are due.

• Each Parish needs a coordinator who will contact Deacon Brenda Taylor for their password bmtaylor@att.net

• The diocese will be able to view the disclosures processed for all parishes