(a) General rule.--Subject to subsection (b), the privileged communications between a mandated reporter and a patient or client of the mandated reporter shall not:
(1) Apply to a situation involving child abuse.
(2) Relieve the mandated reporter of the duty to make a report of suspected child abuse.
(b) Confidential communications.--The following protections shall apply:
(1) Confidential communications made to a member of the clergy are protected under 42 Pa.C.S. § 5943 (relating to confidential communications to clergymen).
(2) Confidential communications made to an attorney are protected so long as they are within the scope of 42 Pa.C.S. §§ 5916 (relating to confidential communications to attorney) and 5928 (relating to confidential communications to attorney), the attorney work product doctrine or the rules of professional conduct for attorneys.
(Apr. 15, 2014, P.L.414, No.32, eff. 60 days)
2014 Amendment. Act 32 added section 6311.1.
Effective Date. Section 17 of Act 45 of 2014 provided that, notwithstanding section 4 of Act 32 of 2014, section 6311.1 shall take effect December 31, 2014.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 63 - Child Protective Services
Section 6301 - Short title of chapter
Section 6302 - Findings and purpose of chapter
Section 6304 - Exclusions from child abuse
Section 6305 - Electronic reporting
Section 6311 - Persons required to report suspected child abuse
Section 6311.1 - Privileged communications
Section 6312 - Persons encouraged to report suspected child abuse
Section 6313 - Reporting procedure
Section 6314 - Photographs, medical tests and X-rays of child subject to report
Section 6315 - Taking child into protective custody
Section 6316 - Admission to private and public hospitals
Section 6317 - Mandatory reporting and postmortem investigation of deaths
Section 6318 - Immunity from liability
Section 6320 - Protection from employment discrimination
Section 6331 - Establishment of Statewide database
Section 6332 - Establishment of Statewide toll-free telephone number
Section 6333 - Continuous availability of department
Section 6334 - Disposition of complaints received
Section 6334.1 - Responsibility for investigation
Section 6335 - Access to information in Statewide database
Section 6336 - Information in Statewide database
Section 6338 - Disposition of founded and indicated reports
Section 6339 - Confidentiality of reports
Section 6340 - Release of information in confidential reports
Section 6340.1 - Exchange of information
Section 6341 - Amendment or expunction of information
Section 6342 - Studies of data in records
Section 6343 - Investigating performance of county agency
Section 6343.1 - Citizen review panels
Section 6344 - Employees having contact with children; adoptive and foster parents
Section 6344.1 - Information relating to certified or licensed child-care home residents
Section 6344.2 - Volunteers having contact with children
Section 6344.3 - Continued employment or participation in program, activity or service
Section 6344.4 - Recertification
Section 6345 - Audits by Attorney General
Section 6346 - Cooperation of other agencies
Section 6347 - Reports to Governor and General Assembly
Section 6361 - Organization for child protective services
Section 6362 - Responsibilities of county agency for child protective services
Section 6363 - County plan for protective services
Section 6364 - Purchasing services of other agencies
Section 6365 - Services for prevention, investigation and treatment of child abuse
Section 6366 - Continuous availability to receive reports
Section 6367 - Reports to department and coroner
Section 6368 - Investigation of reports
Section 6369 - Taking child into protective custody (Repealed)
Section 6370 - Voluntary or court-ordered services; findings of child abuse
Section 6371 - Rehabilitative services for child and family
Section 6372 - Protecting well-being of children maintained outside home
Section 6373 - General protective services responsibilities of county agency
Section 6374 - Principles and goals of general protective services
Section 6375 - County agency requirements for general protective services
Section 6376 - Appeals with respect to general protective services
Section 6378 - Purchase of services
Section 6381 - Evidence in court proceedings
Section 6382 - Guardian ad litem for child in court proceedings (Repealed)
Section 6383 - Education and training
Section 6384 - Legislative oversight
Section 6385 - Reimbursement to county agencies