Corbett Signs Updates to Child Abuse Laws

A bill authored by State Representative Bernie O'Neill (R-Bucks) that requires Pennsylvania courts in custody proceedings to consider whether a child has been identified as a victim of child abuse by a person seeking custody or member of that person’s household was one of ten pieces of child abuse legislation signed by Governor Tom Corbett Wednesday. 

“Ultimately, my bill is about ensuring courts and judges have access to information related to records of child abuse and neglect, so that they can truly act in the best interest of the child when awarding custody and make a decision that would prevent any further harm to a child,” said O’Neill in a statement.

The new laws follow the recommendations from a November 2012 report by the Pennsylvania Task Force on Child Protection, established through joint resolutions sponsored by Sen. Kim Ward (R-Westmoreland) and Rep. Ron Marsico (R-Dauphin). 

O'Neill and fellow Bucks County Representative Kathy Watson attended the bills' ceremonial signing at The Pennsylvania Child Resource Center in Mechanicsburg. As chairperson of the House Children and Youth Committee, Watson played a role in drafting the legislation during the committee meetings.

“Using the task force’s blueprint as a guide, our House committees, in bipartisan fashion, worked together to hold numerous hearings to gather nearly 50 submissions of testimony from numerous agencies and individuals,” said Watson.

The bills the governor signed will:

• Amend the definition of child abuse to lower the threshold from serious bodily injury to bodily injury and include knowingly, recklessly or intentionally committing acts of child abuse or failing to act when child abuse is being committed. The bill also provides exclusions from substantiation of child abuse.
• Broaden the definition of perpetrator to include employees or volunteers that have regular contact, school teachers and employees, and individuals related to the child. 
• Recognize that perpetrators can be as young as 18 and create new protections that address false reports and intimidation. 
• Provide immunity for reporters from liability, penalties for false reporting and improved appeals processes. 
• Expand the basis for disciplinary action against teachers to include findings of child abuse. 
• Clarify and encourage joint child abuse investigations between county children and youth agencies and law enforcement 
• Instruct the Pennsylvania Commission on Sentencing to provide guidelines for offenses involving child pornography. 
• Declare that when awarding custody, a parent’s involvement with cases of child abuse shall be considered and provide for information sharing on child protective services and general protective services to the jurisdiction determining custody.
• Prevent the records and name of minor victims of sexual or physical abuse from being available for public review. 
• Establish the offense of luring a child into a motor vehicle or structure.

“These new laws are helping to transform our commonwealth into a state with several of the stiffest penalties for child abuse in the nation,” Corbett said. “Enacting stronger child protection laws is one of those important moments when we come together and stand up for those who have suffered in silence and ensure that justice is served.”