Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 42 - STATE BOARD OF OCCUPATIONAL THERAPY EDUCATION AND LICENSURE › CHILD ABUSE REPORTING REQUIREMENTS › Section 42.41 - Definitions relating to child abuse reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this section
						and §§
											42.42-42.49 (relating to child abuse
						reporting requirements), have the following meanings, unless the context
						clearly indicates otherwise:
Bodily injury
-Impairment of physical
						condition or substantial pain.
Bureau
-Bureau of Professional and
						Occupational Affairs within the Department of State of the Commonwealth.
Child
-An individual under 18 years of
						age.
Child abuse
-Intentionally, knowingly or
						recklessly doing any of the following:
(i) Causing bodily injury to a child through
					 any recent act or failure to act.
(ii) Fabricating, feigning or intentionally
					 exaggerating or inducing a medical symptom or disease which results in a
					 potentially harmful medical evaluation or treatment to the child through any
					 recent act.
(iii) Causing or
					 substantially contributing to serious mental injury to a child through any act
					 or failure to act or a series of such acts or failures to act.
(iv) Causing sexual abuse or exploitation of
					 a child through any act or failure to act.
(v) Creating a reasonable likelihood of
					 bodily injury to a child through any recent act or failure to act.
(vi) Creating a likelihood of sexual abuse or
					 exploitation of a child through any recent act or failure to act.
(vii) Causing serious physical neglect of a
					 child.
(viii) Engaging in any of
					 the following recent acts:
(A) Kicking,
					 biting, throwing, burning, stabbing or cutting a child in a manner that
					 endangers the child.
(B)
					 Unreasonably restraining or confining a child, based on consideration of the
					 method, location or duration of the restraint or confinement.
(C) Forcefully shaking a child under 1 year
					 of age.
(D) Forcefully slapping or
					 otherwise striking a child under 1 year of age.
(E) Interfering with the breathing of a
					 child.
(F) Causing a child to be
					 present at a location while a violation of
					 18 Pa.C.S. §
													7508.2
					 (relating to operation of methamphetamine laboratory) is occurring, provided
					 that the violation is being investigated by law enforcement.
(G) Leaving a child unsupervised with an
					 individual, other than the child-s parent, who the actor knows or reasonably
					 should have known:
(I) Is required to
					 register as a Tier II or Tier III sexual offender under 42 Pa.C.S. Chapter 97,
					 Subchapter H (relating to registration of sexual offenders), when the victim of
					 the sexual offense was under 18 years of age when the crime was
					 committed.
(II) Has been determined
					 to be a sexually violent predator under
					 42 Pa.C.S. §
														9799.24
					 (relating to assessments) or any of its predecessors.
(III) Has been determined to be a sexually
					 violent delinquent child as defined in
					 42 Pa.C.S. §
														9799.12
					 (relating to definitions).
(IV) Has
					 been determined to be a sexually violent predator under
					 42 Pa.C.S. §
														9799.58
					 (relating to assessments) or has to register for life under
					 42 Pa.C.S. §
														9799.55(b) (relating to
					 registration).