Can My Employer Prevent Me From Reporting Suspected Child Abuse?

Full question:

Re PA Code 23-6303 - Reporting of Child Abuse - May a supervisor tell you that you are not allowed to report a case of suspected physical abuse? Instead the supervisor is required to follow-up with the family and discuss the situation before determining if abuse has happened and then report it.

• Category: Child Abuse
• Date: 04/07/2025
• State: Pennsylvania

Answer:

It may be a matter of employer policy rather than state law. State law imposes a requirement that the suspected abuse is based on a good faith belief. While the law only distinguishes between those who must and those who may report, it does prevent an employer from discriminating against an employee who makes a good faith report.

PA law provides that "Any person who, under this section, is required to report or cause a report of suspected child abuse to be made and who, in good faith, makes or causes
the report to be made and, as a result thereof, is discharged from his
employment or in any other manner is discriminated against with respect
to compensation, hire, tenure, terms, conditions or privileges of
employment, may commence an action in the court of common pleas of the
county in which the alleged unlawful discharge or discrimination occurred
for appropriate relief. If the court finds that the person is an
individual who, under this section, is required to report or cause a
report of suspected child abuse to be made and who, in good faith, made
or caused to be made a report of suspected child abuse and, as a result
thereof, was discharged or discriminated against with respect to
compensation, hire, tenure, terms, conditions or privileges of
employment, it may issue an order granting appropriate relief,
including, but not limited to, reinstatement with back pay. The
department may intervene in any action commenced under this subsection."

Please see the following PA statutes:

23 Pa.C.S.A. § 6311. Persons required to report suspected child abuse

(a) General rule. — A person who, in the course of employment,
occupation or practice of a profession, comes into contact with children
shall report or cause a report to be made in accordance with section 6313
(relating to reporting procedure) when the person has reasonable cause to
suspect, on the basis of medical, professional or other training and
experience, that a child under the care, supervision, guidance or training
of that person or of an agency, institution, organization or other entity
with which that person is affiliated is a victim of child abuse, including
child abuse by an individual who is not a perpetrator.[fn1] Except with
respect to confidential communications made to a member of the clergy which
are protected under 42 Pa.C.S. § 5943 (relating to confidential
communications to clergymen), and except with respect to confidential
communications made to an attorney which are protected by
42 Pa.C.S. § 5916 (relating to confidential communications to attorney) or
5928 (relating to confidential communications to attorney), the
privileged communication between any professional person required to
report and the patient or client of that person shall not apply to
situations involving child abuse and shall not constitute grounds for
failure to report as required by this chapter.

(b) Enumeration of persons required to report. — Persons required to
report under subsection (a) include, but are not limited to, any licensed
physician, osteopath, medical examiner, coroner, funeral director,
dentist, optometrist, chiropractor, podiatrist, intern, registered
nurse, licensed practical nurse, hospital personnel engaged in the
admission, examination, care or treatment of persons, Christian Science
practitioner, member of the clergy, school administrator, school teacher,
school nurse, social services worker, day-care center worker or any other
child-care or foster-care worker, mental health professional, peace
officer or law enforcement official.

(c) Staff members of institutions, etc. — Whenever a person is required
to report under subsection (b) in the capacity as a member of the staff
of a medical or other public or private institution, school, facility or
agency, that person shall immediately notify the person in charge of the
institution, school, facility or agency or the designated agent of the
person in charge. Upon notification, the person in charge or the
designated agent, if any, shall assume the responsibility and have the
legal obligation to report or cause a report to be made in accordance
with section 6313. This chapter does not require more than one report
from any such institution, school, facility or agency.

(d) Civil action for discrimination against person filing report. — Any
person who, under this section, is required to report or cause a report of
suspected child abuse to be made and who, in good faith, makes or causes
the report to be made and, as a result thereof, is discharged from his
employment or in any other manner is discriminated against with respect
to compensation, hire, tenure, terms, conditions or privileges of
employment, may commence an action in the court of common pleas of the
county in which the alleged unlawful discharge or discrimination occurred
for appropriate relief. If the court finds that the person is an
individual who, under this section, is required to report or cause a
report of suspected child abuse to be made and who, in good faith, made
or caused to be made a report of suspected child abuse and, as a result
thereof, was discharged or discriminated against with respect to
compensation, hire, tenure, terms, conditions or privileges of
employment, it may issue an order granting appropriate relief,
including, but not limited to, reinstatement with back pay. The
department may intervene in any action commenced under this subsection.

[fn1] "perpetrator, shall report or cause a report to be made in
accordance with section 6313." in enrolled bill.

23 Pa.C.S.A. § 6318. Immunity from liability

(a) General rule. — A person, hospital, institution, school, facility,
agency or agency employee that participates in good faith in the making
of a report, whether required or not, cooperating with an investigation,
including providing information to a child fatality or near fatality
review team, testifying in a proceeding arising out of an instance of
suspected child abuse, the taking of photographs or the removal or
keeping of a child pursuant to section 6315 (relating to taking child
into protective custody), and any official or employee of a county agency
who refers a report of suspected abuse to law enforcement authorities or
provides services under this chapter, shall have immunity from civil and
criminal liability that might otherwise result by reason of those
actions.

(b) Presumption of good faith. — For the purpose of any civil or
criminal proceeding, the good faith of a person required to report
pursuant to section 6311 (relating to persons required to report suspected
child abuse) and of any person required to make a referral to law
enforcement officers under this chapter shall be presumed.