§ 6311.1. Privileged communications.
(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.
Notes of Decisions
Ivy Hill Congregation of Jehovah's Witnesses v. Com. of PA, DHS (Pa. Commw. Ct. 2026).
· cites it 6× “Under 23 Pa.C.S. § 6311.1(a), “otherwise-privileged communications between a mandated reporter and a patient or client of the mandated reporter are not privileged if they involve child abuse, and a mandated reporter is not relieved of the duty to make a report of suspected child…”
Ivy Hill Congregation of Jehova's Witnesses v. DHS (Pa. Commw. Ct. 2021).
· cites it 2× “23 Pa. C.S. § 6311.1(a)-(b)(1). Section 5943 of the Judicial Code in turn provides: No clergyman, priest, rabbi or minister of the gospel of any regularly established church or religious organization, except clergymen or ministers, who are self-ordained or who are members of…”
Ivy Hill Cong. of Jehovah Witnesses, Aplt. v. DHS (Pa. 2024).
“On September 21, 2021, Appellant filed a Motion for Summary Judgment, again requesting a declaration that its elders are entitled to invoke the clergyman privilege under 23 Pa.C.S. § 6311.1(b) and 42 Pa.C.S. § 5943, and, in the event the court determined that Section 5953 does…”
— 23 Pa. Cons. Stat. § 6311.1(a) — 3 cases
Ivy Hill Congregation of Jehova's Witnesses v. DHS (Pa. Commw. Ct. 2021).
“23 Pa. C.S. § 6311.1(a)-(b)(1). Section 5943 of the Judicial Code in turn provides: No clergyman, priest, rabbi or minister of the gospel of any regularly established church or religious organization, except clergymen or ministers, who are self-ordained or who are members of…”
Ivy Hill Congregation of Jehovah's Witnesses v. Com. of PA, DHS (Pa. Commw. Ct. 2026).
“Under 23 Pa.C.S. § 6311.1(a), “otherwise-privileged communications between a mandated reporter and a patient or client of the mandated reporter are not privileged if they involve child abuse, and a mandated reporter is not relieved of the duty to make a report of suspected child…”
— 23 Pa. Cons. Stat. § 6311.1(b) — 3 cases
Ivy Hill Congregation of Jehovah's Witnesses v. Com. of PA, DHS (Pa. Commw. Ct. 2026).
“Under 23 Pa.C.S. § 6311.1(a), “otherwise-privileged communications between a mandated reporter and a patient or client of the mandated reporter are not privileged if they involve child abuse, and a mandated reporter is not relieved of the duty to make a report of suspected child…”
Ivy Hill Cong. of Jehovah Witnesses, Aplt. v. DHS (Pa. 2024).
“On September 21, 2021, Appellant filed a Motion for Summary Judgment, again requesting a declaration that its elders are entitled to invoke the clergyman privilege under 23 Pa.C.S. § 6311.1(b) and 42 Pa.C.S. § 5943, and, in the event the court determined that Section 5953 does…”
— 23 Pa. Cons. Stat. § 6311.1(b)(1) — 3 cases
Ivy Hill Congregation of Jehova's Witnesses v. DHS (Pa. Commw. Ct. 2021).
“23 Pa. C.S. § 6311.1(a)-(b)(1). Section 5943 of the Judicial Code in turn provides: No clergyman, priest, rabbi or minister of the gospel of any regularly established church or religious organization, except clergymen or ministers, who are self-ordained or who are members of…”
Ivy Hill Congregation of Jehovah's Witnesses v. Com. of PA, DHS (Pa. Commw. Ct. 2026).
“Under 23 Pa.C.S. § 6311.1(a), “otherwise-privileged communications between a mandated reporter and a patient or client of the mandated reporter are not privileged if they involve child abuse, and a mandated reporter is not relieved of the duty to make a report of suspected child…”
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