Legal Question in Criminal Law in Pennsylvania

What a counselor must legally report to the authorities

Our son was alone with a girl at a church event for about 2 minutes. She says that he ''touched her inappropriately'' and she was afraid. His story is different. Others saw her sit down with him and follow him and another boy from the house. For only about 2 minutes of the time the other boy was not in visual contact but in hearing distance. It becomes a ''he said, she said'' thing. Obviously, not much could have taken place in 2 minutes and with others in easy calling distance.

She is now seeing a counselor who says he must report her version of the story to the authorities or he could lose his counselor's license or else her parents must report it to the police. We have spoken with her parents and she and they would prefer to handle it without the authorities. The only reference I can find is to report child or elder abuse or immediate danger situations. Is this counselor correct that he is required to report her version of the story? Other church leaders in authority heard both sides of the story and did not consider it abuse. What would constitue abuse? Could he report someone who spanks their child for abuse? What if I told a counselor in confidence that I had stolen something, would they be required to report that?


Asked on 12/09/04, 11:28 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: What a counselor must legally report to the authorities

I found the following at The Juvenile Law Center. It may help you convince the psychologist no need to report is present.

"What is child abuse?

Child abuse can result from an action as well as a failure to act that causes harm to a child. Child abuse is defined in the CPSL as any recent act or failure to act that causes non-accidental serious physical injury or any act causing mental injury, sexual abuse or sexual exploitation of a child under the age of eighteen. Child abuse also includes:

An act or failure to act, in the last two years, causing the imminent risk of serious physical injury, sexual abuse or exploitation;"

"Who is a mandated reporter?

Mandated reporters are people who come into contact with children as part of their work. Mandated reporters include, but are not limited to, physicians, medical examiners, dentists, optometrists, nurses, hospital personnel, members of the clergy, school administrators and teachers, social service workers, day-care center workers, child care or foster care workers, mental health professionals, and law enforcement officials.

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By law, mandated reporters must report when they have reasonable cause to suspect,

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based on their medical, professional, or other training and experience, that the child before them has been abused.

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This means that even a psychologist or doctor, who otherwise may have a confidential relationship with his or her patient, still is obligated to report if he or she has reason to suspect that the child before him or her is or has been abused. "

So the two factors to stress are the requirement of serious injury or risk of serious injury and based on his professional judgment the child has in fact been abused.

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Answered on 12/10/04, 7:38 am


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