The term does not apply to services provided by administrative or other support personnel unless the administrative or other support personnel have direct contact with children.

"Safety assessment."  A Commonwealth-approved systematic process that assesses a child's need for protection or services, based on the threat to the safety of the child.

(13)  Other child-care services that are provided by or subject to approval, licensure, registration or certification by the department or a county social services agency or that are provided pursuant to a contract with the department or a county social services agency.

(2)  A report may be indicated under paragraph (1)(i) or (ii) for any child who is the victim of child abuse, regardless of the number of alleged perpetrators.

(a)  General rule.--The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"County agency."  The county children and youth social service agency established pursuant to section 405 of the act of June 24, 1937 (P.L.2017, No.396), known as the County Institution District Law, or its successor, and supervised by the department under Article IX of the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.

"Near fatality."  A child's serious or critical condition, as certified by a physician, where that child is a subject of the report of child abuse.

(10)  Engaging a child in a severe form of trafficking in persons or sex trafficking, as those terms are defined under section 103 of the Trafficking Victims Protection Act of 2000 (114 Stat. 1466, 22 U.S.C. § 7102).

(iii)  the adjudication involves the same factual circumstances involved in the allegation of child abuse; and

(D)  Has been determined to be a sexually violent predator under 42 Pa.C.S. § 9799.58 (relating to  assessments) or has to register for life under 42 Pa.C.S. § 9799.55(b) (relating to registration).

(1)  There has been a judicial adjudication based on a finding that a child who is a subject of the report has been abused and the adjudication involves the same factual circumstances involved in the allegation of child abuse. The judicial adjudication may include any of the following:

"Resource family."  A family which provides temporary foster or kinship care for children who need out-of-home placement and may eventually provide permanency for those children, including an adoptive family.

"Independent contractor."  An individual who provides 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 apply to administrative or other support personnel unless the administrative or other support personnel have direct contact with children.

(iii)  Actual or simulated sexual activity or nudity for the purpose of sexual stimulation or gratification of any individual.

(iv)  A finding of delinquency under 42 Pa.C.S. § 6341 if the court has entered a finding that the child who is the subject of the report has been abused by the child who was found to be delinquent.

"Protective services."  Those services and activities provided by the department and each county agency for children who are abused or are alleged to be in need of protection under this chapter.

(iv)  A person 14 years of age or older and responsible for the child's welfare or having direct contact with children as an employee of child-care services, a school or through a program, activity or service.

(iv)  Actual or simulated sexual activity for the purpose of producing visual depiction, including photographing, videotaping, computer depicting or filming.

"Program, activity or service."  Any of the following in which children participate and which is sponsored by a school or a public or private organization:

(ii)  Unreasonably restraining or confining a child, based on consideration of the method, location or the duration of the restraint or confinement.

"Risk assessment."  A Commonwealth-approved systematic process that assesses a child's need for protection or services based on the risk of harm to the child.

(3)  Causing or substantially contributing to serious mental injury to a child through any act or failure to act or a series of such acts or failures to act.

(B)  Has been determined to be a sexually violent predator under 42 Pa.C.S. § 9799.24 (relating to assessments) or any of its predecessors.

(1)  Subject to paragraphs (2) and (3), a report of child abuse made pursuant to this chapter if an investigation by the department or county agency determines that substantial evidence of the alleged abuse by a perpetrator exists based on any of the following:

This paragraph does not include consensual activities between a child who is 14 years of age or older and another person who is 14 years of age or older and whose age is within four years of the child's age.

"Subject of the report."  Any child, parent, guardian or other person responsible for the welfare of a child or any alleged or actual perpetrator in a report made to the department or a county agency under this chapter.

(7)  A private school licensed under the act of January 28, 1988 (P.L.24, No.11), known as the Private Academic Schools Act.

"Under investigation."  A child abuse report pursuant to this chapter which is being investigated to determine whether it is "founded," "indicated" or "unfounded."

(2)  operates within this Commonwealth for the primary purpose of providing a child-focused, facility-based program dedicated to coordinating a formalized multidisciplinary response to suspected child abuse that, at a minimum, either onsite or through a partnership with another entity or entities, assists county agencies, investigative teams and law enforcement by providing services, including forensic interviews, medical evaluations, therapeutic interventions, victim support and advocacy, team case reviews and a system for case tracking.

(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days; Dec. 9, 2002, P.L.1549, No.201, eff. 60 days; Nov. 29, 2004, P.L.1291, No.160, eff. 60 days; Nov. 9, 2006, P.L.1358, No.146, eff. 180 days; Nov. 29, 2006, P.L.1581, No.179, eff. 180 days; July 3, 2008, P.L.276, No.33, eff. 180 days; Dec. 18, 2013, P.L.1170, No.108, eff. Dec. 31, 2014; Dec. 18, 2013, P.L.1195, No.117, eff. Dec. 31, 2014; Dec. 18, 2013, P.L.1201, No.119, eff. Dec. 31, 2014; Jan. 22, 2014, P.L.6, No.4, eff. 90 days; Apr. 7, 2014, P.L.388, No.29, eff. Dec. 31, 2014; Apr. 15, 2014, P.L.417, No.33, eff. Dec. 31, 2014; May 14, 2014, P.L.645, No.44, eff. Dec. 31, 2014; May 14, 2014, P.L.653, No.45, eff. Dec. 31, 2014; July 2, 2014, P.L.843, No.91, eff. 60 days; Oct. 22, 2014, P.L.2529, No.153, eff. Dec. 31, 2014; July 1, 2015, P.L.94, No.15, eff. imd.; Oct. 28, 2016, P.L.966, No.115, eff. imd.; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.; Oct. 31, 2024, P.L.1124, No.134, eff. 60 days)

(1)  for which college credits or continuing education units are awarded, continuing professional education is offered or tuition or fees are charged or collected; and

(1)  The employment, use, persuasion, inducement, enticement or coercion of a child to engage in or assist another individual to engage in sexually explicit conduct, which includes, but is not limited to, the following:

(1)  A community college which is an institution now or hereafter created pursuant to Article XIX-A of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, or the act of August 24, 1963 (P.L.1132, No.484), known as the Community College Act of 1963.

"Person responsible for the child's welfare."  A person who provides permanent or temporary care, supervision, mental health diagnosis or treatment, training or control of a child in lieu of parental care, supervision and control.

"Accept for service."  Decide on the basis of the needs and problems of an individual to admit or receive the individual as a client of the agency or as required by a court order entered under 42 Pa.C.S. Ch. 63 (relating to juvenile matters).

(2)  seriously interferes with a child's ability to accomplish age-appropriate developmental and social tasks.

"Police department."  A public agency of a political subdivision having general police powers and charged with making arrests in connection with the enforcement of criminal or traffic laws.

(1)  renders a child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic or in reasonable fear that the child's life or safety is threatened; or

"Substantial evidence."  Evidence which outweighs inconsistent evidence and which a reasonable person would accept as adequate to support a conclusion.

(A)  Is required to register as a Tier II or Tier III sexual offender under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders), where the victim of the sexual offense was under 18 years of age when the crime was committed.

(iii)  Involuntary deviate sexual intercourse as defined in 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse).

Cross References.  Section 6303 is referred to in sections 2511, 5625, 5701, 6340, 6368, 6502 of this title; section 591 of Title 2 (Administrative Law and Procedure); sections 4306, 4958, 6318, 9106, 9158 of Title 18 (Crimes and Offenses); sections 62A05, 6302, 6336.1, 8316.2 of Title 42 (Judiciary and Judicial Procedure); section 4109 of Title 51 (Military Affairs); section 2164 of Title 53 (Municipalities Generally); section 7101 of Title 67 (Public Welfare); section 1905 of Title 75 (Vehicles).

(ii)  Participating in sexually explicit conversation either in person, by telephone, by computer or by a computer-aided device for the purpose of sexual stimulation or gratification of any individual.

"Expunge."  To strike out or obliterate entirely so that the expunged information may not be stored, identified or later recovered by any mechanical or electronic means or otherwise.

(3)  There has been a consent decree entered in a juvenile proceeding under 42 Pa.C.S. Ch. 63 (relating to juvenile matters), the decree involves the same factual circumstances involved in the allegation of child abuse and the terms and conditions of the consent decree include an acknowledgment, admission or finding that a child who is the subject of the report has been abused by the child who is alleged to be delinquent.

"Perpetrator."  A person who has committed child abuse as defined in this section. The following shall apply:

"Electronic technologies."  The transfer of information in whole or in part by technology having electrical, digital, magnetic, wireless, optical, electromagnetic, photo-electronic or photo-optical systems, or similar capabilities. The term includes, but is not limited to, e-mail, Internet communication or other means of electronic transmission.

"Adult family member."  A person 18 years of age or older who has the responsibility to provide care or services to an individual with an intellectual disability or chronic psychiatric disability.

"Student."  An individual enrolled in a public or private school, intermediate unit or area vocational-technical school who is under 18 years of age.

(2)  An independent institution of higher education which is an institution of higher education located in and incorporated or chartered by the Commonwealth, entitled to confer degrees as set forth in 24 Pa.C.S. § 6505 (relating to power to confer degrees) and entitled to apply to itself the designation "college," "university" or "seminary" as provided for by standards and qualifications prescribed by the State Board of Education under 24 Pa.C.S. Ch. 65.

(1)  is tax exempt under section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)); and

(2)  that is sponsored by a corporation, entity or institution that is incorporated or authorized by other means in a state other than this Commonwealth and is approved and authorized to operate in this Commonwealth under 15 Pa.C.S. Pt. II Subpt. B (relating to business corporations) or C (relating to nonprofit corporations) and 24 Pa.C.S. Ch. 65 (relating to private colleges, universities and seminaries).

"Knowingly."  The term shall have the same meaning as provided in 18 Pa.C.S. § 302 (relating to general requirements of culpability).

(vii)  An individual 18 years of age or older who engages a child in severe forms of trafficking in persons or sex trafficking, as those terms are defined under section 103 of the Trafficking Victims Protection Act of 2000 (114 Stat. 1466, 22 U.S.C. § 7102).

"Police officer."  A full-time or part-time employee assigned to criminal or traffic law enforcement duties of a police department of a county, city, borough, town or township. The term also includes a member of the State Police Force.

(2)  There has been an acceptance into an accelerated rehabilitative disposition program and the reason for the acceptance involves the same factual circumstances involved in the allegation of child abuse.

(vi)  Causing a child to be present at a location while a violation of 18 Pa.C.S. § 7508.2 (relating to operation of methamphetamine laboratory) is occurring, provided that the violation is being investigated by law enforcement.

"Recent act."  Any act committed within two years of the date of the report to the department or county agency.

"Intentionally."  The term shall have the same meaning as provided in 18 Pa.C.S. § 302 (relating to general requirements of culpability).

(v)  Institutional sexual assault as defined in 18 Pa.C.S. § 3124.2 (relating to institutional sexual assault).

(14)  A private school licensed under the act of December 15, 1986 (P.L.1585, No.174), known as the Private Licensed Schools Act.

2015 Amendment.  Act 15 amended the defs. of "child-care services," "independent contractor," "perpetrator," "person responsible for the child's welfare," "program, activity or service," "school" and "school employee" and added the defs. of "adult family member," "direct volunteer contact," "education enterprise," "family child-care home," "immediate vicinity," "institution of higher education," "matriculated student" and "routine interaction" in subsec. (a).

(C)  Has been determined to be a sexually violent delinquent child as defined in 42 Pa.C.S. § 9799.12 (relating to definitions).

(4)  A final protection from abuse order has been granted under section 6108 (relating to relief), when the child who is a subject of the report is one of the individuals protected under the protection from abuse order and:

(c)  Restatement of culpability.--Conduct that causes injury or harm to a child or creates a risk of injury or harm to a child shall not be considered child abuse if there is no evidence that the person acted intentionally, knowingly or recklessly when causing the injury or harm to the child or creating a risk of injury or harm to the child.

"Matriculated student."  A student who is enrolled in an institution of higher education and pursuing a program of study that results in a postsecondary credential, such as a certificate, diploma or degree.

"Serious mental injury."  A psychological condition, as diagnosed by a physician or licensed psychologist, including the refusal of appropriate treatment, that:

"Family child-care home."  A residence where child day care is provided at any time to no less than four children and no more than six children who are not relatives of the caregiver.

(1)  A repeated, prolonged or egregious failure to supervise a child in a manner that is appropriate considering the child's developmental age and abilities.

"Direct volunteer contact."  The care, supervision, guidance or control of children and routine interaction with children.

2014 Amendments.  Act 4 added the defs. of "health care provider" and "safety assessment" in subsec. (a), Act 29 amended the def. of "child-care services" and added the defs. of "electronic technologies," "law enforcement official" and "mandated reporter" in subsec. (a), Act 33 amended the def. of "school employee" and added the defs. of "adult," "direct contact with children," "health care facility," "independent contractor," "mandated reporter," "person affiliated with," "program, activity or service" and "school" in subsec. (a), Act 44 amended the defs. of "bodily injury," "founded report," "general protective services," "near fatality" and "school employee," added the def. of "school" and deleted the defs. of "indicated report for school employee" and "individual residing in the same home as the child" in subsec. (a), Act 45 amended the defs. of "serious physical neglect" and "subject of the report" and deleted the def. of "founded report for school employee" in subsec. (a), Act 91 added the defs. of "police department," "police officer" and "police station" in subsec. (a) and Act 153 amended par. (13) of the def. of "child-care services" and the defs. of "child protective services," "cooperation with an investigation or assessment," "county agency," "department," "indicated report," "protective services," "recent act," "recent act or failure to act," "secretary" and "subject of the report" in subsec. (a). The amendments by Acts 29 and 33, adding the def. of "mandated reporter," are identical and have both been given effect in setting forth the text of "mandated reporter." The amendments by Acts 33 and 44, amending the def. of "school employee," are identical and have both been given effect in setting forth the text of "school employee."

"Founded report."  A child abuse report involving a perpetrator that is made pursuant to this chapter, if any of the following applies:

"Person affiliated with."  A person that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with a specified person.

"Police station."  The station or headquarters of a police department or a Pennsylvania State Police station or headquarters.

(vi)  An individual 18 years of age or older who does not reside in the same home as the child but is related within the third degree of consanguinity or affinity by birth or adoption to the child.

"Children's advocacy center."  A local public agency in this Commonwealth or a not-for-profit entity incorporated in this Commonwealth which:

"School employee."  An individual who is employed by a school or who provides a program, activity or service sponsored by a school. The term does not apply to administrative or other support personnel unless the administrative or other support personnel have direct contact with children.

(vii)  Leaving a child unsupervised with an individual, other than the child's parent, who the actor knows or reasonably should have known:

"Unfounded report."  Any report made pursuant to this chapter unless the report is a "founded report" or an "indicated report."

"Recklessly."  The term shall have the same meaning as provided in 18 Pa.C.S. § 302 (relating to general requirements of culpability).

"Serious physical neglect."  Any of the following when committed by a perpetrator that endangers a child's life or health, threatens a child's well-being, causes bodily injury or impairs a child's health, development or functioning:

"Immediate vicinity."  An area in which an individual is physically present with a child and can see, hear, direct and assess the activities of the child.

"Health care facility."  As defined in section 802.1 of the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act.

2016 Amendment.  Act 115 added par. (1)(vii) of the def. of "perpetrator" in subsec. (a) and added subsec. (b.1)(10).

(2)  The failure to provide a child with adequate essentials of life, including food, shelter or medical care.

(iii)  A finding of dependency under 42 Pa.C.S. § 6341 (relating to adjudication) if the court has entered a finding that a child who is the subject of the report has been abused.

"Private agency."  A children and youth social service agency subject to the requirements of 55 Pa. Code Ch. 3680 (relating to administration and operation of a children and youth social service agency).

"Routine interaction."  Regular and repeated contact that is integral to a person's employment or volunteer responsibilities.

"School."  A facility providing elementary, secondary or postsecondary educational services. The term includes the following:

"Child protective services."  Those services and activities provided by the department and each county agency for child abuse cases.

References in Text.  The short title of the act of June 13, 1967, P.L.31, No.21, known as the Public Welfare Code, referred to in subsection (a), was amended by the act of December 28, 2015, P.L.500, No.92. The amended short title is now the Human Services Code.

(xii)  Unlawful contact with a minor as defined in 18 Pa.C.S. § 6318 (relating to unlawful contact with minor).

"Direct contact with children."  The care, supervision, guidance or control of children or routine interaction with children.

(2)  Fabricating, feigning or intentionally exaggerating or inducing a medical symptom or disease which results in a potentially harmful medical evaluation or treatment to the child through any recent act.

Section 27 of Act 16 of 2019 provided that a reference in statute or regulation to "area vocational-technical school" shall be deemed a reference to "area career and technical school," and a reference in statute or regulation to "vocational curriculums" shall be deemed a reference to "career and technical curriculums."

(6)  Creating a likelihood of sexual abuse or exploitation of a child through any recent act or failure to act.

"General protective services."  Those services and activities provided by each county agency for cases requiring protective services, as defined by the department in regulations.

"Health care provider."  A licensed hospital or health care facility or person who is licensed, certified or otherwise regulated to provide health care services under the laws of this Commonwealth, including a physician, podiatrist, optometrist, psychologist, physical therapist, certified nurse practitioner, registered nurse, nurse midwife, physician's assistant, chiropractor, dentist, pharmacist or an individual accredited or certified to provide behavioral health services.

(b.1)  Child abuse.--The term "child abuse" shall mean intentionally, knowingly or recklessly doing any of the following:

(d)  Child abuse exclusions.--The term "child abuse" does not include any conduct for which an exclusion is provided in section 6304 (relating to exclusions from child abuse).

Het Verband van Katholieke Maatschappelijke Organisaties (VKMO) is een verband voor overleg en samenwerking tussen diverse katholieke organisaties in Nederland.

(16)  A private residential rehabilitative institution as defined in section 914.1-A(c) of the Public School Code of 1949.

2006 Amendments.  Act 146 added the defs. of "near fatality" and "nonaccidental" in subsec. (a) and Act 179 amended the def. of "sexual abuse or exploitation" in subsec. (a).

"Cooperation with an investigation or assessment."  Includes, but is not limited to, a school or school district which permits authorized personnel from the department or county agency to interview a student while the student is in attendance at school.

"Urgent care center."  As defined in section 2 of the act of November 2, 2016 (P.L.976, No.122), known as the Safe Emergency Prescribing Act.

(3)  A report may be indicated under paragraph (1)(i) or (ii) listing the perpetrator as "unknown" if substantial evidence of abuse by a perpetrator exists, but the department or county agency is unable to identify the specific perpetrator.

"Recent act or failure to act."  Any act or failure to act committed within two years of the date of the report to the department or county agency.

2013 Amendments.  Act 108 amended the defs. of "child," "founded report," "indicated report," "recent acts or omissions" and "sexual abuse or exploitation," added the defs. of "bodily injury," "intentionally," "knowingly," "parent," "recent act," "recklessly" and "serious physical neglect" and deleted the defs. of "nonaccidental" and "serious physical injury" in subsec. (a), added subsecs. (b.1), (c) and (d) and deleted subsec. (b), Act 117 amended the defs. of "perpetrator" and "person responsible for the child's welfare" in subsec. (a) and Act 119 added the def. of "child-care services" in subsec. (a).

(i)  Looking at the sexual or other intimate parts of a child or another individual for the purpose of arousing or gratifying sexual desire in any individual.

IdentiteitVanaf de tweede helft van de jaren tachtig van de vorige eeuw gingen de zich katholiek noemende organisaties in Nederland meer aandacht besteden aan hun identiteit. Een gevolg daarvan was het initiatief van de Katholieke Raad voor Kerk en Samenleving om de voorzitters van die organisaties gezamenlijk voor overleg om de tafel te brengen. Zo ontstond in 1986 het eerste Allerheiligenberaad. In 1988 werd het VKMO opgericht, dat op zijn beurt in 2004 weer het Katholiek Netwerk in het leven riep.

"Serious bodily injury."  Bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement or protracted loss or impairment of function of any bodily member or organ.