New Act 31 means penalties for those suspect abuse but don’t report it
By Dr. Stephanie McGann, DMD FAGD, Columnist, The Times
Children, their health, well-being and protection from predators are all of our business. Dentists and dental hygienists have always been listed as mandated reporters of child abuse in the state of Pennsylvania. What’s new is the effect of the newly passed ACT 31 on everyone.
In light of the horror that was inflicted by Jerry Sandusky’s 52 counts of serial child abuse and the failure of the Penn State system to report this, 28 new pieces of new legislation have been adopted by our state government. All designed to protect our children by streamline reporting, increasing penalties for failure to report and mandate regular training. Training on recognizing and reporting abuse is now part of the requirement for maintaining a state issued license to practice.
ACT 31 applies to all license holders who may have contact with children. This includes physicians, nurses, dentists, hygienists, expanded function dental assistants, hairdressers, morticians, social workers and many more. It also extends to employees of these folks who see children regularly. Individuals who hold a Pennsylvania issued license will need to participate in a two-hour state-approved training seminar every two years. Licenses will not be renewed without proof of completion.
Last week I took the seminar. Nothing really prepares you to see photographs of abused children or hear the numbers of fatalities or near fatalities. I knew when I prepared to take the seminar what I was in for. I’ve participated voluntarily in courses like this before but this was a little different. The new legislation offers some very stiff penalties for failure to report.
In the event of an abuse charge, any mandated reporter who had a suspicion but failed to report will be charged with the same crime as the abuser. Employers are no longer permitted to require subordinates to notify a superior in lieu of making a report.
Child abuse happens everywhere. In 2013 (2014 numbers won’t be available for a few weeks) just over 27,000 reports of suspected abuse were reported in Pennsylvania. Approximately 3500 of those were substantiated. Of The substantiated cases 67% were female victims, 33% were male. 9% of those children were abused before. Of the 3500 substantiated cases 53% were determined to be sexual in nature. 68% of the abusers in PA were Caucasian and 57% of the cases occurred in non-urban environments. 30% of abusers in Pennsylvania were college educated. This can and does happen in our own neighborhoods.
In 2013, 38 Pennsylvania children died from child abuse, 52 were classified as near fatalities. Of the near fatalities, these children were spared from death because of a report. Mandatory reporting saved at least 52 lives in PA in 2013.
What about the 23,500 unsubstantiated cases? These families in many cases had family needs that could be helped by social services. So while no charges of child abuse or negligence were indicated, social services and parenting education were made available to many of these families. These families were provided services as a result of someone who cared enough to report.
A mandated reporter is obligated by their professional licensing board to report any situation where they have a reasonable cause to suspect possible abuse. It’s not up the provider to determine if it’s true or not, that’s up to the investigative team. This mandate now extends beyond the scope of the professional license. If a mandated reporter witnesses or hears of abuse outside the workplace, they are still mandated to report.
What is child abuse? Any physical, sexual or mental injury that causes significant pain and impedes the ability of the child (age 18 and under) to perform normal activity can be classified as child abuse or neglect. Any pain or injury related to failure to act by the adult responsible can also be considered abuse or neglect. Pennsylvania also defines abuse as forcefully shaking or striking a child under age 1, interfering with the breathing of a child or leaving the child in the care of a registered sex offender. Fabricating medical information or failure to provide appropriate and timely medical care can also be cause for an investigation.
Mandated reporters are not the only ones who can file a report of suspected abuse. Anyone who is concerned about the safety of a child can call PA CHILDLINE 1-800-932-0313. The important thing to know is that you don’t have to be sure or have any proof. You must have a reasonable suspicion that abuse is occurring. The reporter’s identity is confidential however it will be released to police and investigators as needed. Learn more at KeepKidsSafe.PA.gov
Dr. Stephanie McGann, who has more than two decades of dental practice experience, is a resident of the Unionville area and along with her partner, Dr. Marie Scott, operates The Brandywine Smile Center, a family-friendly dental practice in Concordville. Dr. McGann has opened a new practice in Valley Township, Rainbow Valley Dental. She is a Fellow of the Academy of General Dentistry.
