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Pennsylvania

23 Pa.C.S. §§ 6311, 6311.1, 6319Pennsylvania Child Protective Services Law

Clergy named as mandatory reporter?
Yes
Confessional exemption?
Yes
Statute
23 Pa.C.S. §§ 6311, 6311.1, 6319
Clergy named
Expressly
Pending

Pennsylvania's Child Protective Services Law names clergy directly. Section 6311(a)(6) lists 'a clergyman, priest, rabbi, minister, Christian Science practitioner, religious healer or spiritual leader' as mandated reporters. Act 88 of 2019 graded willful failure to report from a second-degree misdemeanor at baseline up to a felony (third- or second-degree depending on continuing-failure and underlying-abuse conditions). The reporting floor is strong on the page. The carveout sits inside § 6311.1: subsection (a) declares that privilege does not relieve the duty to report, and subsection (b)(1) then cross-references 42 Pa.C.S. § 5943, preserving confidential clergy communications intact. Pennsylvania appellate decisions read § 5943 narrowly, confining the privilege to genuinely religious or confessional exchanges. The current institutional pressure is the Ivy Hill litigation, where a congregation has argued that elder-to-elder reports of abuse should fall inside § 5943's protection. UCO tracks Pennsylvania because the structural shape (strong-sounding override, reinstated one subsection later by cross-reference) is a recurring template UCO is pushing to close, in Pennsylvania and every state running the same play.

Section 01What needs to change

What needs to change in Pennsylvania.

  • Clergy expressly enumerated at § 6311(a)(6)

    Pennsylvania places clergy directly on the mandated-reporter list. Section 6311(a)(6) names 'a clergyman, priest, rabbi, minister, Christian Science practitioner, religious healer or spiritual leader of any regularly established church or other religious organization.' The duty triggers when the clergy member has reasonable cause to suspect child abuse and comes into contact with the child through their profession, is affiliated with an entity responsible for the child's care, or receives a specific disclosure identifying a victim. Clergy were added by 1994 amendments effective July 15, 1995; Act 32 of 2014 restructured the regime.

    View source ↗
  • The override that isn't: § 6311.1(a) to § 6311.1(b)(1) to 42 Pa.C.S. § 5943

    Section 6311.1(a) declares that privileged communications between a mandated reporter and a patient or client do not apply in child-abuse situations and do not relieve the duty to report. The very next subsection, § 6311.1(b)(1), carves clergy back out by pointing to 42 Pa.C.S. § 5943, the underlying clergy-confidentiality statute. The implementing regulation at 55 Pa. Code § 3490.14 mirrors the carveout, stating that the privilege override does not apply to confidential communications made to an ordained member of the clergy protected under § 5943. Net result: a clergy member who learns of suspected abuse outside a § 5943 confidential setting must report; if the information arrives inside a § 5943 communication, the statutory duty does not attach.

    View source ↗
  • Act 88 of 2019 stiffened § 6319 penalties for failure to report

    Act 88 of 2019 (P.L. 648, signed November 26, 2019) amended § 6319 to grade willful failure to report from a second-degree misdemeanor at baseline up to a felony (third- or second-degree depending on continuing-failure and underlying-abuse conditions). Multiple-offense and continuing-course-of-conduct provisions stack penalties further. The statute of limitations is the greater of five years or the limitations period for the underlying offense against the child.

    View source ↗
  • Pennsylvania appellate courts construe § 5943 narrowly

    Pennsylvania appellate decisions read 42 Pa.C.S. § 5943 narrowly: the privilege attaches only to communications made to clergy acting as confessor or spiritual counselor, where the communication is genuinely religious in nature and the communicant seeks absolution or spiritual guidance. Administrative, social, or non-religious communications fall outside the privilege and therefore remain reportable. The Patterson decision anchors this narrowing gloss.

    View source ↗
  • Reporting procedure under § 6313

    Section 6313 requires a mandated reporter to make an immediate oral report to the Department of Human Services via the statewide toll-free ChildLine number, or a written report using electronic technologies. A reporter who calls in an oral report must also file a written report within 48 hours to the department or assigned county agency.

    View source ↗
Section 02What's needed

What it takes to close the gap.

Section 03How you can help

Concrete ways to support reform in Pennsylvania.

Donate

Donate.

Donations fund Pennsylvania-specific research and the long work of pressing on the § 6311.1(b)(1) carveout state-by-state.

Mission supportDonate
Section 04Timeline

How Pennsylvania got here.

  • 1995
    Clergy added to § 6311(a)(6)

    Pennsylvania's 1994 amendments to the Child Protective Services Law took effect July 15, 1995, adding clergy to the enumerated list of mandated reporters.

  • 2014-12
    Act 32 of 2014 restructures the regime

    Effective December 31, 2014, Act 32 restructures the mandated-reporting regime. Section 6311.1(a) generally abrogates privilege in child-abuse contexts; § 6311.1(b)(1) preserves the clergy-penitent carveout by cross-reference to 42 Pa.C.S. § 5943.

    View source ↗
  • 2019-11
    Act 88 stiffens § 6319 penalties

    Signed November 26, 2019. Willful failure to report grades from a second-degree misdemeanor up to a felony (third- or second-degree depending on continuing-failure and underlying-abuse conditions). Statute of limitations set at the greater of five years or the limitations period for the underlying offense.

    View source ↗
  • 2024
    Ivy Hill remand from PA Supreme Court

    The Pennsylvania Supreme Court summarizes the CPSL clergy regime and remands the Ivy Hill declaratory-judgment action on procedural grounds, leaving the substantive privilege question open.

    View source ↗
  • 2026-02
    Commonwealth Court grants summary relief on remand

    On February 27, 2026, the Commonwealth Court granted Ivy Hill summary relief because DHS did not substantively oppose. The majority noted it did not independently endorse the merits of the privilege claim. Treat as procedural posture and live litigation context, not a broad merits ruling.

    View source ↗
Section 05Key cases

Litigation shaping the law.

  • Commonwealth v. Patterson

    392 Pa. Super. 331, 572 A.2d 1258 (Pa. Super. Ct. 1990)1990

    Pennsylvania Superior Court held that the clergy-communicant privilege under 42 Pa.C.S. § 5943 did not apply because the communication was 'not religious, in that nothing spiritual or in the nature of forgiveness ever was discussed.' Patterson is the anchor for the narrow-construction rule that confines § 5943 to genuine confessional or spiritual-counseling contexts, leaving non-religious disclosures unprotected and therefore reportable under § 6311.

    View source ↗
  • Ivy Hill Congregation v. Department of Human Services

    310 A.3d 742 (Pa. 2024); No. 316 M.D. 2020 (Pa. Commw. Ct. Feb. 27, 2026)2024-2026

    The Pennsylvania Supreme Court's 2024 opinion summarized the statutory regime and remanded a declaratory-judgment case asking whether congregation elders may invoke § 5943 to shield elder-to-elder reports of abuse. On remand in February 2026, the Commonwealth Court granted Ivy Hill summary relief because DHS did not substantively oppose the facts or law; the majority emphasized that it did not independently analyze or endorse the merits of the privilege claim. The case is best read as live institutional pressure to widen the § 6311.1(b)(1) carveout, not a broad merits holding on the privilege's reach.

    View source ↗
Section 06Background

Public-record sources UCO is tracking.

Always verify against the underlying statute or filing before quoting.

  • Pennsylvania General Assembly
    23 Pa.C.S. Chapter 63 — Child Protective Services (full chapter)

    Official General Assembly chapter rendering of §§ 6311, 6311.1, 6313, and 6319. Section 6311(a)(6) names clergy verbatim; § 6311.1(a) abrogates mandated-reporter privilege generally; § 6311.1(b)(1) preserves confidential clergy communications under 42 Pa.C.S. § 5943; § 6319 grades willful failure to report.

    View source ↗
  • Pennsylvania General Assembly
    42 Pa.C.S. § 5943 — Confidential communications to clergymen

    Underlying clergy-confidentiality statute referenced by § 6311.1(b)(1). Protects covered clergy from being compelled or allowed, without the communicant's consent, to disclose confidential information acquired in their professional character in legal proceedings, trials, or government investigations.

    View source ↗
  • FindLaw
    23 Pa.C.S. § 6319 — Penalties (FindLaw mirror, post-Act-88)

    Mirror of § 6319 reflecting Act 88 of 2019. Subsection (a) grades willful failure to report from second-degree misdemeanor at baseline up to a felony grade where the underlying abuse is serious and the failure continues. Subsection (d) sets the statute of limitations at the greater of five years or the underlying offense's period.

    View source ↗
  • Victim Rights Law Center· September 2023
    Clergy Privacy FAQs — Pennsylvania (Campus Privacy Toolkit)

    Practitioner FAQ summarizing 42 Pa.C.S. § 5943 and the narrowing PA appellate gloss. Notes that the privilege does not attach where the communication is 'not religious, in that nothing spiritual or in the nature of forgiveness ever was discussed,' quoting Patterson.

    View source ↗
  • Justia· February 13, 2024
    Ivy Hill v. Department of Human Services (Pa. Supreme Court, 2024)

    Justia-hosted text of the Pennsylvania Supreme Court's Ivy Hill decision. Summarizes the CPSL clergy regime (§ 6311(a)(6) enumeration, § 6319 penalties, § 6311.1(a) override, and § 6311.1(b) preservation of clergy communications via § 5943) and remands on procedural grounds.

    View source ↗
  • Child Welfare Information Gateway, U.S. HHS Children's Bureau· May 2023
    Clergy as Mandatory Reporters of Child Abuse and Neglect — Pennsylvania

    Federal state-statute summary confirming that Pennsylvania expressly names clergy under 23 Pa.C.S. § 6311 and that § 6311.1 preserves confidential clergy communications under 42 Pa.C.S. § 5943. Authoritative secondary cross-reference for both the statusBucket and privilegePosture classifications.

    View source ↗
  • Pennsylvania Code and Bulletin (Pennsylvania General Assembly / DHS)
    55 Pa. Code § 3490.14 — Privileged communication (DHS implementing regulation)

    DHS implementing regulation for the Child Protective Services reporting chapter. Mirrors the statutory carveout: the privilege override does not apply to confidential communications made to an ordained member of the clergy protected under 42 Pa.C.S. § 5943.

    View source ↗
Last reviewed May 29, 2026 · by Unheard Child Org research teamHow we track this

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