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Many questions with new child abuse law

A session held recently to clarify the state package of 23 new child abuse laws left some people with more questions than answers.

The legislation, which went into effect Jan. 1, "is still a very fluid process," said state Rep. Doyle Heffley.He said lawmakers are still fine-tuning the new rules, many of which govern who is required to report suspicions of child abuse and how, who is required to get background clearances, and whether people can use their clearance from a paid job for a volunteer position.Jacqulyn Maddon, regional director of the state Office of Children, Youth and Families, gave some insight into the laws.The laws change the definition of abuse and neglect, streamline and clarify mandatory reporting processes, increase penalties for mandatory reporters who fail to tell authorities about suspected abuse.The law protects those who do report it, promotes the use of investigative teams, and supports the use of information technology to more efficiently track child abuse data.Under the new laws, some classes of people are required to report suspected child abuse. They are any employee who has direct contact with children, foster and adoptive parents, school employees, and as of July 1, adult volunteers who have direct contact with children.Adult volunteers directly working with children must have a report of criminal history through the Pennsylvania State Police, and a Child Abuse History Clearance through the state Department of Human Services. The reports cost $10 each, and are paid for by the volunteer, although the organization may shoulder the cost. Paid employees also must have FBI clearances. A person's clearances can be used for more than one volunteer position.It was the volunteer aspect that raised questions by Nesquehoning Hose Co. No. 1 Chief John McArdle.He asked who would need clearances among those who work with junior volunteers, and who would pay for the background checks. He described the requirements as "unfunded mandates."Maddon said it would be up to the organization to determine who directly supervised the junior volunteers. She conceded the law is open to interpretation, and said she would explore the matter further.A few people in the audience said it appeared the laws were "rushed through," and should have been made clearer before being enacted.Lansford borough Councilwoman Rosemary Cannon had asked whether lifeguards at the public pool would be required to get clearances."We were told that some of our pool employees would require this clearance, but it was very foggy, and I came here tonight to try and clear it up," she said. "Honestly, it's still foggy."Cannon also wondered how the laws would be enforced."I don't know how anybody can be checking this yet. It doesn't seem like they have all their ducks in a row," she said.Amy Snyder, who is a school social worker for a local educational agency, also left the session with questions."We have a lot of questions about how quickly this has been implemented, and how it affects our organization. Mostly in terms of who is it who has to make the report, and whether or not that person can first get advice from someone more knowledgeable about the child abuse laws."Snyder said she was concerned that someone may report something that doesn't need to be reported, leading to an increase in unfounded reports of child abuse.

CHRIS PARKER/TIMES NEWS Jacqulyn Maddon, director of the state Office of Children, Youth and Families, talks about the state's 23 new child abuse laws and how they affect people who work with children.