Section 10210.302 - Reporting(a) General rule.--A person having reasonable cause to believe that an adult is in need of protective services may report such information to the agency. Where applicable, reports shall comply with the provisions of Chapter 5.(b) Receiving reports.--The agency shall be capable of receiving reports of adults in need of protective services 24 hours a day, seven days a week, including holidays. This capability may include the use of a local emergency response system or a crisis intervention agency, provided that access can be made to a protective services caseworker in appropriate emergency situations as set forth in regulations promulgated by the department. All reports received orally under this section shall be reduced to writing immediately by the person who receives the report.(c) Screening.--A person who receives a report shall screen the report during and immediately following receipt of the report to assign it to one of the following referral categories:(1) Priority. A report placed in this category shall require immediate attention because specific details in the report indicate the possibility that the adult reported to need protective services is at imminent risk of death or serious injury or serious bodily injury. The person receiving a priority report shall immediately contact a protective services caseworker and provide the caseworker with the information contained in the report.(2) Nonpriority. A report shall be placed in this category when it does not appropriately fall within the priority category and, therefore, does not require immediate attention by the agency. A report in this category shall be referred to a protective services caseworker of an agency within the normal business hours of the agency's current or next day of business under the agency's established procedures for referring these reports.(3) Another planning and service area. A report in which the adult who is the subject of the report does not reside in the planning and service area of the agency or, at that time, is not in the planning and service area shall be placed in this category. The report shall be referred to the agency that has the designated responsibility for protective services in the planning and service area in which the adult reported to be in need of protective services is located at the time of the report. A report in this category shall also meet the criteria for placement in one of the other categories in this subsection. The provisions for referral for the other category shall apply to a referral to another planning and service area.(4) No need for protective services. A report shall be placed in this category when the person reported to be in need of protective services meets either of the following criteria: (i) has the capacity to perform or obtain, without help, services necessary to maintain physical or mental health;(ii) is not at imminent risk or danger to his person or property. A report in this category shall be referred to a protective services caseworker of the agency within the normal business hours of the agency's current or next day of business. The protective services caseworker shall review the details of the report and take all steps necessary to confirm or reject the categorization of no need for protective services. If the caseworker confirms the screening categorization, and upon the request of any interested party and without objection by the adult, appropriate referrals shall be made to other entities. The protective services case shall then be closed. If the caseworker rejects the categorization, the report shall be placed in the appropriate category and shall be handled accordingly. A report may not be placed in this category if the adult is temporarily relocated to a safe environment and will return to the original abusive situation or to a new location which has not been determined to be safe.
(d) Retaliatory action.--(1) Any person who makes a report or cooperates with the agency, including providing testimony in any administrative or judicial proceeding, and any adult in need of protective services shall not be subject to any discriminatory, retaliatory or disciplinary action by an employer or by any other person or entity.(2) Any person who violates this subsection is subject to a civil action by the reporter or the adult in need of protective services, in which action the reporter or adult in need of protective services shall recover treble compensatory damages, compensatory and punitive damages or $5,000, whichever is greater.(e) Intimidation.--(1) A person, including an adult in need of protective services, with knowledge sufficient to justify making a report or cooperating with an agency, including possibly providing testimony in an administrative or judicial proceeding, shall not be subject to any intimidation by an employer or by any other person or entity.(2) A person who violates this subsection is subject to civil action by the reporter or the adult in need of protective services, in which action the reporter or adult in need of protective services shall recover treble compensatory damages, compensatory and punitive damages or $5,000, whichever is greater.(f) Immunity.--(1) A person who participates in the making of a report or who provides testimony in an administrative or judicial proceeding arising out of a report shall be immune from any civil or criminal liability, subject to paragraph (2), on account of the report or testimony, unless the person acted in bad faith or with malicious purpose.(2) The immunity established under paragraph (1) shall not extend to liability for an act of abuse, neglect, exploitation or abandonment even if such act is the subject of the report or testimony.2010, Oct. 7, P.L. 484, No. 70, §302, effective in 6 months [ 4/7/2011].