Pennsylvaina Definitions of Child Abuse and Neglect

Physical Abuse - Citation: Cons. Stat. Tit. 23, § 6303
'Child abuse' means any of the following:

  • Any recent act or failure to act by a perpetrator that causes nonaccidental serious physical injury to a child under age 18
  • Any recent act, failure to act, or series of such acts or failures to act by a perpetrator that creates an imminent risk of serious physical injury to a child under age 18

'Serious bodily injury' means bodily injury that creates a substantial risk of death or causes serious permanent disfigurement or protracted loss or impairment of function of any bodily member or organ.

'Serious physical injury' means an injury that causes a child severe pain or significantly impairs a child's physical functioning, either temporarily or permanently.

'Nonaccidental' means an injury that is the result of an intentional act that is committed with disregard of a substantial and unjustifiable risk.

Neglect - Citation: Cons. Stat. Tit. 23, § 6303
The term 'child abuse' includes serious physical neglect by a perpetrator constituting prolonged or repeated lack of supervision or the failure to provide essentials of life, including adequate medical care, that endangers a child's life or development or impairs the child's functioning.

Sexual Abuse/Exploitation - Citation: Cons. Stat. Tit. 23, § 6303
The term 'child abuse' means any of the following:

  • An act or failure to act by a perpetrator that causes sexual abuse or sexual exploitation of a child under age 18
  • Any recent act, failure to act, or series of such acts or failures to act by a perpetrator that creates an imminent risk of sexual abuse or sexual exploitation of a child under age 18

'Sexual abuse or exploitation' means any of the following:

  • The employment, use, persuasion, inducement, enticement, or coercion of a child to engage in, or assist another individual to engage in, sexually explicit conduct
  • The employment, use, persuasion, inducement, enticement, or coercion of a child to engage in, or assist another individual to engage in, simulation of sexually explicit conduct for the purpose of producing a visual depiction, including photographing, videotaping, computer depicting, and filming
  • Any of the following offenses committed against a child:
    • Rape
    • Sexual assault
    • Involuntary deviate sexual intercourse
    • Aggravated indecent assault
    • Molestation
    • Incest
    • Indecent exposure
    • Prostitution
    • Sexual abuse
    • Sexual exploitation

Emotional Abuse - Citation: Cons. Stat. Tit. 23, § 6303
The term 'child abuse' includes an act or failure to act by a perpetrator that causes nonaccidental serious mental injury to a child under age 18.

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

  • Renders a child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic, or in reasonable fear that his or her life or safety is threatened
  • Seriously interferes with a child's ability to accomplish age-appropriate development and social tasks

Abandonment
This issue is not addressed in the statutes reviewed.

Standards for Reporting - Citation: Cons. Stat. Tit. 23, § 6311
A report is required when there is reasonable cause to suspect that a child is a victim of abuse.

Persons Responsible for the Child - Citation: Cons. Stat. Tit. 23, § 6303

A perpetrator is a person who has committed child abuse and is:

  • A parent of a child
  • A person responsible for the welfare of a child
  • An individual residing in the same home as a child
  • A paramour of a child's parent

'Person responsible for the child's welfare' means 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. The term does not include a person who is employed by or provides services or programs in a public or private school, intermediate unit, or area vocational-technical school.

Exceptions - Citation: Cons. Stat. Tit. 23, § 6303
No child shall be deemed to be physically or mentally abused based on injuries that result solely from environmental factors that are beyond the control of the parent or person responsible for the child's welfare, such as inadequate housing, furnishings, income, clothing, and medical care.

If, upon investigation, the county agency determines that a child has not been provided needed medical or surgical care because of seriously held religious beliefs of the child's parents, and such beliefs are consistent with those of a bona fide religion, the child shall not be deemed to be physically or mentally abused. The county agency shall closely monitor the child and shall seek court-ordered medical intervention when the lack of medical or surgical care threatens the child's life or long-term health.

In cases involving religious circumstances, all correspondence with a subject of the report and the records of the Department of Public Welfare and the county agency shall not reference 'child abuse' and shall acknowledge the religious basis for the child's condition, and the family shall be referred for general protective services, if appropriate.