Two juveniles charged with nearly 500 combined crimes for creating AI-generated nude images of students at Lancaster Country Day School raised questions about the responsibilities of mandated reporters in cases of child-on-child abuse.

Cathleen Palm, child advocate from the Center for Children’s Justice, said the law is confusing. She said while “child on child” harm is technically excluded from the legal definition of child abuse, reports are still encouraged in certain circumstances.

Mandated reporters are required to report incidents such as rape, sexual assault, indecent assault, and indecent exposure, according to child abuse reporting guidelines.

Haven Evans, director of programs at the Pennsylvania Family Support Alliance, said mandated reporters are required to report when they have reasonable cause to suspect abuse.

“It’s very clear in the training and in the law that they should not be, meaning the mandated reporters, should not be the ones trying to determine if that offender meets that definition of child abuse or not,” Evans said.

Lancaster County District Attorney Heather Adams stated that school officials at Lancaster Country Day School would not face charges because Pennsylvania law does not require them to report the incident under the Child Protective Services Law.

An anonymous parent of one of the victims expressed frustration with this law.

“It is not the obligation of the mandated reporter to assess or perform an investigation to assess; it is their job to report, and that to me is where the failure occurred here,” the parent said.

Palm noted that the Lancaster Country Day School case highlights the need to update the statute, as current laws do not account for modern issues like AI-generated images.

“At this point in time under the statute, things like AI-generated photos do not meet that definition in part because, you know, when the statute was last updated in 2014, AI and deep fakes, and all of that wasn’t really as much on our radar,” she said.

Currently, there aren’t any bills in the PA state house that would update the law.

The Department of Human Services (DHS) stated that the Child Protective Services Law (CPSL) outlines exclusions from child abuse, including child-on-child contact,. The department says that these are not loopholes, but how the law is written.

The statement added that entities, such as schools, may institute additional reporting requirements as a condition of employment.

Currently, there are no bills in progress to update the law, but the issue remains under scrutiny as lawmakers are urged to address these gaps.

From WHP, March 24, 2025