The two year rule does not apply when the mandated reporter suspects sexual abuse or exploitation, neglect, or emotional abuse. Both concepts are fact-driven and fact specific, and, once again, will be defined through case law interpretation. In general, a suspicion standard versus a belief standard will require a lower level of certainty to trigger the mandated reporting requirement. The reasonable cause to suspect standard is an objective one. The Child Protective Service Law continues to provide immunity for good faith reports of child abuse.
Bad faith is difficult to prove.
It must be shown that the mandated reporter knew that the child was not abused, but went ahead and made the report anyway. The Child Protective Service Law also contains a penalty for mandated reporters who fail to report suspected child abuse. Failure to report suspected child abuse is a summary offense for the first offense, and the penalties and fines increase for subsequent offenses. Recommendations for Psychologists As a group, psychologists have supported efforts to curb child abuse. PPA was an early supporter of Pennsylvania's first Child Protective Services Law in 1975.