§ 6304. Exclusions from child abuse.
(a) Environmental factors.--No child shall be deemed to be physically or mentally abused based on injuries that
result solely from environmental factors, such as inadequate housing, furnishings,
income, clothing and medical care, that are beyond the control of the parent or person
responsible for the child's welfare with whom the child resides. This subsection shall
not apply to any child-care service as defined in this chapter, excluding an adoptive
parent.
(b) Practice of religious beliefs.--If, upon investigation, the county agency determines that a child has not been provided
needed medical or surgical care because of sincerely held religious beliefs of the
child's parents or relative within the third degree of consanguinity and with whom
the child resides, which beliefs are consistent with those of a bona fide religion,
the child shall not be deemed to be physically or mentally abused. In such cases the
following shall apply:
(1) The county agency shall closely monitor the child and the child's family and shall
seek court-ordered medical intervention when the lack of medical or surgical care
threatens the child's life or long-term health.
(2) All correspondence with a subject of the report and the records of the department
and the county agency shall not reference child abuse and shall acknowledge the religious
basis for the child's condition.
(3) The family shall be referred for general protective services, if appropriate.
(4) This subsection shall not apply if the failure to provide needed medical or surgical
care causes the death of the child.
(5) This subsection shall not apply to any child-care service as defined in this chapter,
excluding an adoptive parent.
(c) Use of force for supervision, control and safety purposes.--Subject to subsection (d), the use of reasonable force on or against a child by the
child's own parent or person responsible for the child's welfare shall not be considered
child abuse if any of the following conditions apply:
(1) The use of reasonable force constitutes incidental, minor or reasonable physical contact
with the child or other actions that are designed to maintain order and control.
(2) The use of reasonable force is necessary:
(i) to quell a disturbance or remove the child from the scene of a disturbance that threatens
physical injury to persons or damage to property;
(ii) to prevent the child from self-inflicted physical harm;
(iii) for self-defense or the defense of another individual; or
(iv) to obtain possession of weapons or other dangerous objects or controlled substances
or paraphernalia that are on the child or within the control of the child.
(d) Rights of parents.--Nothing in this chapter shall be construed to restrict the generally recognized existing
rights of parents to use reasonable force on or against their children for the purposes
of supervision, control and discipline of their children. Such reasonable force shall
not constitute child abuse.
(e) Participation in events that involve physical contact with child.--An individual participating in a practice or competition in an interscholastic sport,
physical education, a recreational activity or an extracurricular activity that involves
physical contact with a child does not, in itself, constitute contact that is subject
to the reporting requirements of this chapter.
(f) Child-on-child contact.--
(1) Harm or injury to a child that results from the act of another child shall not constitute
child abuse unless the child who caused the harm or injury is a perpetrator.
(2) Notwithstanding paragraph (1), the following shall apply:
(i) Acts constituting any of the following crimes against a child shall be subject to
the reporting requirements of this chapter:
(A) rape as defined in 18 Pa.C.S. § 3121 (relating to rape);
(B) involuntary deviate sexual intercourse as defined in 18 Pa.C.S. § 3123 (relating to
involuntary deviate sexual intercourse);
(C) sexual assault as defined in 18 Pa.C.S. § 3124.1 (relating to sexual assault);
(D) aggravated indecent assault as defined in 18 Pa.C.S. § 3125 (relating to aggravated
indecent assault);
(E) indecent assault as defined in 18 Pa.C.S. § 3126 (relating to indecent assault); and
(F) indecent exposure as defined in 18 Pa.C.S. § 3127 (relating to indecent exposure).
(ii) No child shall be deemed to be a perpetrator of child abuse based solely on physical
or mental injuries caused to another child in the course of a dispute, fight or scuffle
entered into by mutual consent.
(iii) A law enforcement official who receives a report of suspected child abuse is not required
to make a report to the department under section 6334(a) (relating to disposition
of complaints received), if the person allegedly responsible for the child abuse is
a nonperpetrator child.
(g) Defensive force.--Reasonable force for self-defense or the defense of another individual, consistent
with the provisions of 18 Pa.C.S. §§ 505 (relating to use of force in self-protection)
and 506 (relating to use of force for the protection of other persons), shall not
be considered child abuse.
(Dec. 18, 2013, P.L.1170, No.108, eff. Dec. 31, 2014)
2013 Amendment. Act 108 added section 6304.
Cross References. Section 6304 is referred to in section 6303 of this title.
Notes of Decisions
S.K. v. Dep't of Human Servs., 206 A.3d 644 (Pa. Commw. Ct. 2019).
· cites it 4× “'s contact with Minor is excluded from the definition of child abuse in Section 6304(c)(1) of the Law, 23 Pa.C.S. § 6304(c)(1) ; (3) S.K.'s contact with Minor is excluded from the definition of child abuse in Section 6304(c)(2)(i) of the Law, 23 Pa.”
P.L. v. Dhs (Pa. Commw. Ct. 2020).
· cites it 6× “23 Pa. C.S. §6304(d). This Court has explained that “[w]here the allegation of child abuse involves a parent’s administration of corporal punishment for the purpose of disciplining a child, the ultimate question is whether the parent used ‘reasonable force.”
S.K. v. Dhs (Pa. Commw. Ct. 2019).
· cites it 4× “’s contact with Minor is excluded from the definition of child abuse in Section 6304(c)(1) of the Law, 23 Pa.C.S. § 6304(c)(1); (3) S.K.’s contact with Minor is excluded from the definition of child abuse in Section 6304(c)(2)(i) of the Law, 23 Pa.”
Fialkowski, M. v. Carrelli, B. (Pa. Super. Ct. 2024).
· cites it 2× “23 Pa.C.S. § 6304(c). Similarly, the CPSL specifically excludes from the definition of abuse, “reasonable force on or against their children for the purposes of supervision, control and discipline of their children.”
In the Int. of: L.B., Appeal of: C.B. (Pa. Super. Ct. 2021).
· cites it 2× “23 Pa.C.S. § 6304. To the extent that Mother argues she testified that she moved Child from his bed to her bed for purposes of supervision, control, and discipline, and/or she feared he could fall into the one-foot gap between the beds, the trial court rejected her argument as…”
In the Interest of: K.M. (Pa. Super. Ct. 2018).
“The trial court erred by misapplying 23 Pa.C.S. §6304(d), which permits the use of reasonable force by a parent or guardian on or against a child for the purposes of discipline, in this case because the legal guardian’s use of force was not reasonable under the circumstances as…”
L.C. v. Dhs (Pa. Commw. Ct. 2019).
“Further, when evaluating an allegation of child abuse in the context of corporal punishment by a parent, the factfinder must make a determination as to whether the force used was “reasonable force,” 23 Pa.C.S. § 6304(d), and in doing so, must consider whether the parent was…”
J. S. v. Dhs (Pa. Commw. Ct. 2019).
“— Nothing in this chapter shall be construed to restrict the generally recognized existing rights of parents to use reasonable force on or against their children for the purposes of supervision, control and discipline of their children.”
In the Interest: J.H., Appeal of: J.H. (Pa. Super. Ct. 2023).
“23 Pa.C.S. § 6304(a). Because Father worked full-time, Mother was primarily responsible for applying for health insurance, WIC and SNAP benefits for the family.”
In the Interest of: J.H., Appeal of: H.J. (Pa. Super. Ct. 2023).
“23 Pa.C.S. § 6304(a). The record is devoid of any evidence that the covid-19 pandemic prevented Mother from obtaining medical care for Child or from feeding him appropriately.”
Reed, S. v. Reed, E. (Pa. Super. Ct. 2025).
“84 ; 23 Pa.C.S. § 6304(b), and Mother testified that she discussed the situation with her children’s physician, who did not press the matter over her objection.”
— 23 Pa. Cons. Stat. § 6304(a) — 2 cases
In the Interest: J.H., Appeal of: J.H. (Pa. Super. Ct. 2023).
“23 Pa.C.S. § 6304(a). Because Father worked full-time, Mother was primarily responsible for applying for health insurance, WIC and SNAP benefits for the family.”
In the Interest of: J.H., Appeal of: H.J. (Pa. Super. Ct. 2023).
“23 Pa.C.S. § 6304(a). The record is devoid of any evidence that the covid-19 pandemic prevented Mother from obtaining medical care for Child or from feeding him appropriately.”
— 23 Pa. Cons. Stat. § 6304(b) — 1 case
Reed, S. v. Reed, E. (Pa. Super. Ct. 2025).
“84 ; 23 Pa.C.S. § 6304(b), and Mother testified that she discussed the situation with her children’s physician, who did not press the matter over her objection.”
— 23 Pa. Cons. Stat. § 6304(c) — 1 case
Fialkowski, M. v. Carrelli, B. (Pa. Super. Ct. 2024).
“23 Pa.C.S. § 6304(c). Similarly, the CPSL specifically excludes from the definition of abuse, “reasonable force on or against their children for the purposes of supervision, control and discipline of their children.”
— 23 Pa. Cons. Stat. § 6304(c)(1) — 2 cases
S.K. v. Dep't of Human Servs., 206 A.3d 644 (Pa. Commw. Ct. 2019).
“'s contact with Minor is excluded from the definition of child abuse in Section 6304(c)(1) of the Law, 23 Pa.C.S. § 6304(c)(1) ; (3) S.K.'s contact with Minor is excluded from the definition of child abuse in Section 6304(c)(2)(i) of the Law, 23 Pa.”
S.K. v. Dhs (Pa. Commw. Ct. 2019).
“’s contact with Minor is excluded from the definition of child abuse in Section 6304(c)(1) of the Law, 23 Pa.C.S. § 6304(c)(1); (3) S.K.’s contact with Minor is excluded from the definition of child abuse in Section 6304(c)(2)(i) of the Law, 23 Pa.”
— 23 Pa. Cons. Stat. § 6304(c)(2)(i) — 2 cases
S.K. v. Dep't of Human Servs., 206 A.3d 644 (Pa. Commw. Ct. 2019).
“'s contact with Minor is excluded from the definition of child abuse in Section 6304(c)(1) of the Law, 23 Pa.C.S. § 6304(c)(1) ; (3) S.K.'s contact with Minor is excluded from the definition of child abuse in Section 6304(c)(2)(i) of the Law, 23 Pa.”
S.K. v. Dhs (Pa. Commw. Ct. 2019).
“’s contact with Minor is excluded from the definition of child abuse in Section 6304(c)(1) of the Law, 23 Pa.C.S. § 6304(c)(1); (3) S.K.’s contact with Minor is excluded from the definition of child abuse in Section 6304(c)(2)(i) of the Law, 23 Pa.”
— 23 Pa. Cons. Stat. § 6304(c)(2)(ii) — 3 cases
S.K. v. Dep't of Human Servs., 206 A.3d 644 (Pa. Commw. Ct. 2019).
“'s contact with Minor is excluded from the definition of child abuse in Section 6304(c)(1) of the Law, 23 Pa.C.S. § 6304(c)(1) ; (3) S.K.'s contact with Minor is excluded from the definition of child abuse in Section 6304(c)(2)(i) of the Law, 23 Pa.”
S.K. v. Dhs (Pa. Commw. Ct. 2019).
“’s contact with Minor is excluded from the definition of child abuse in Section 6304(c)(1) of the Law, 23 Pa.C.S. § 6304(c)(1); (3) S.K.’s contact with Minor is excluded from the definition of child abuse in Section 6304(c)(2)(i) of the Law, 23 Pa.”
In the Int. of: L.B., Appeal of: C.B. (Pa. Super. Ct. 2021).
“23 Pa.C.S. § 6304. To the extent that Mother argues she testified that she moved Child from his bed to her bed for purposes of supervision, control, and discipline, and/or she feared he could fall into the one-foot gap between the beds, the trial court rejected her argument as…”
— 23 Pa. Cons. Stat. § 6304(c)(2)(iii) — 2 cases
S.K. v. Dep't of Human Servs., 206 A.3d 644 (Pa. Commw. Ct. 2019).
“'s contact with Minor is excluded from the definition of child abuse in Section 6304(c)(1) of the Law, 23 Pa.C.S. § 6304(c)(1) ; (3) S.K.'s contact with Minor is excluded from the definition of child abuse in Section 6304(c)(2)(i) of the Law, 23 Pa.”
S.K. v. Dhs (Pa. Commw. Ct. 2019).
“’s contact with Minor is excluded from the definition of child abuse in Section 6304(c)(1) of the Law, 23 Pa.C.S. § 6304(c)(1); (3) S.K.’s contact with Minor is excluded from the definition of child abuse in Section 6304(c)(2)(i) of the Law, 23 Pa.”
— 23 Pa. Cons. Stat. § 6304(d) — 6 cases
P.L. v. Dhs (Pa. Commw. Ct. 2020).
“23 Pa. C.S. §6304(d). This Court has explained that “[w]here the allegation of child abuse involves a parent’s administration of corporal punishment for the purpose of disciplining a child, the ultimate question is whether the parent used ‘reasonable force.”
In the Interest of: K.M. (Pa. Super. Ct. 2018).
“The trial court erred by misapplying 23 Pa.C.S. §6304(d), which permits the use of reasonable force by a parent or guardian on or against a child for the purposes of discipline, in this case because the legal guardian’s use of force was not reasonable under the circumstances as…”
L.C. v. Dhs (Pa. Commw. Ct. 2019).
“Further, when evaluating an allegation of child abuse in the context of corporal punishment by a parent, the factfinder must make a determination as to whether the force used was “reasonable force,” 23 Pa.C.S. § 6304(d), and in doing so, must consider whether the parent was…”
J. S. v. Dhs (Pa. Commw. Ct. 2019).
“— Nothing in this chapter shall be construed to restrict the generally recognized existing rights of parents to use reasonable force on or against their children for the purposes of supervision, control and discipline of their children.”
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