Once CPS concludes the investigation, it will determine two things: Did the abuse or neglect actually take place? The provisions of this 3490.69 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (6)The purpose of the law, the implications of the status determination of the report and the services available through the county agency. (3)Sworn or affirmed in writing that the applicant was not disqualified from employment under section 6344 of the CPSL or an equivalent out-of-State crime. (a)A person may make a report of suspected child abuse to ChildLine or a county agency if the person has reasonable cause to suspect that a child has been abused. 4629; amended April 27, 1990, effective April 28, 1990, 20 Pa.B. The natural mothers boyfriend lacked standing to appeal an order adjudicating the child to be dependent and awarding custody to the natural father, even though a report filed by Children and Youth Services implicating the boyfriend had been given indicated status. 6. (c)After ensuring the immediate safety of the child and other children in the home, the county agency shall verbally notify ChildLine of the receipt of the report, if it was not received initially from ChildLine. A child placed in foster care, who alleges abuse while in care, has the right to access documents that pertain to the foster care stay; however, the child does not have an unlimited right to access the entire file. 3513. Immediately preceding text appears at serial pages (211750) to (211751). (c)If a subject or county agency files an appeal under 3490.105 (relating to request by the subject of a founded or indicated report for expunction or amendment of an abuse report when the report was received by ChildLine prior to July 1, 1995), the subject or county agency has the right to a hearing before the Departments Bureau of Hearings and Appeals. CPS will respond to valid child abuse or neglect reports by conducting a family assessment response or an investigation response. (6)The county agency shall inform the required reporter of the reporters obligation to protect the confidentiality of information released as required under sections 6339 and 6340 of the CPSL (relating to confidentiality of reports; and release of information in confidential reports). (c)The written notice required by subsection (b) may be reasonably delayed if notification is likely to threaten the safety of the victim, the safety of a nonperpetrator subject or the safety of an investigating county agency worker, to cause the perpetrator to abscond or to significantly interfere with the conduct of a criminal investigation. One of a parent's worst nightmares is to have the Pennsylvania Office of Children, Youth and Family Services (CYS), often called child protective services (CPS), show up on their doorstep. Unfounded reportA report made under the CPSL and this chapter unless the report is a founded report or an indicated report. Include "unregulated custody transfer" in the email subject line. To a LD CPS investigator if the Risk Only is provider related. (c)The county agency which receives the report initially is responsible to contact the other counties in subsections (a) and (b) in conducting the investigation. What Is Considered Child Abuse in North Carolina? 5943 (relating to confidential communications to clergymen), the privileged communication between any professional person required to report and the patient or client of that person does not apply to situations involving child abuse and does not constitute grounds for failure to report as required by this subchapter. Each CPS investigation results in a finding of Founded or Unfounded within 45-60 days of report. (e)If the provisional employe does not submit the required clearances within 30- or 90-calendar days of employment, whichever is applicable, the administrator shall do one of the following: (1)Dismiss the provisional employe until the required clearances are received. Nothing in this chapter requires more than one report from any institution, school, facility or agency. No statutes or acts will be found at this website. The provisions of this 3490.15 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. (e)Reports which are unfounded awaiting expunction may not be released from the pending complaint file except to a subject of a report upon written request, employes of the Department under this subchapter and employes of the Office of Attorney General under section 6345 of the CPSL (relating to audits by Attorney General). Have a parent or guardian who has been determined to be unwilling or incapable, i.e., due to mental illness or substance abuse, of supervising or protecting the children or youth and an in-home safety plan cannot be developed to assure the supervision or protection of the children or youth. The following information is determined and recorded: -Emotion, State of Mind & Any Specific Fears, -Accessibility to Those Who Can Help & Protect. (a)The county agency supervisor shall review each report of suspected child abuse which is under investigation on a regular and ongoing basis to ensure that the level of services are consistent with the level of risk to the child, to determine the safety of the child and the progress made toward reaching a status determination. (6)Whether the report was a founded or indicated report. 501508 and 701704 (relating to the Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure). (d)During the 30- or 90-day provisional period, the provisional employe may not be permitted to work alone with children and shall work within the vicinity of a permanent employe. 3490.16. Make a report to intake when any child or youth in an open case is believed to be at imminent risk of serious harm or there is a new allegation of CA/N not included in the original intake. How Do I Know If My CPS Case Is Closed? (4)Section 405 of the County Institution District Law (62 P. S. 2305). 2009). If the case is co-assigned, assign the intake to the CPS investigation caseworker. Immediately preceding text appears at serial page (229423). (12)The actions taken by the reporting source, including: (i)The taking of photographs and X-rays. (a)A physician or director or a person specifically designated in writing by the director of a hospital or other medical facility may request information from the county agency on prior abuse involving the child being examined or treated by the physician or director or a person specifically designated in writing by the director of the hospital or other medical facility. How long can an investigation last? 1992); appeal denied 619 A.2d 701 (Pa. 1993). The provisions of this 3490.104 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. A medical summary or report of photographs or X-rays taken shall be sent to the county agency at the time the written report is sent, or as soon thereafter as possible. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Parents Rights in a Pennsylvania CPS Investigation. Consistent with this chapter, the county agencies and law enforcement agencies shall cooperate and coordinate, to the fullest extent possible, their efforts to respond to reports of suspected child abuse. 3513. The county agency shall closely monitor the child and shall seek court-ordered medical intervention when the lack of medical or surgical care threatens the childs life or long-term health. J.C. v. Department of Public Welfare, 980 A.2d 743, 748 (Pa. Cmwlth. (5)The fact that the report, if determined unfounded, will be expunged from the pending complaint file within 120-calendar days from the date the report was received at ChildLine. Sixty days after DCP&P investigates you and your family, you will receive a letter telling you the outcome, or decision, of the investigation. (d)An administrator, or other person responsible for hiring decisions, may not hire or contract with an applicant, nor may a prospective operator be issued a certificate of compliance or registration if the applicants criminal history record information dictates that the applicant or prospective operator has been convicted of a crime as specified in section 6344 of the CPSL (relating to information relating to prospective child-care personnel) or an equivalent out-of-State crime as determined by the Department. (ii)A subfile of the names of perpetrators of indicated and founded reports of child abuse if the individuals Social Security Number or date of birth is known to the Department. County planA needs-based plan and budget estimate which serves as the basis for administration of the county children and youth social services program required by Chapter 3140 (relating to planning and financial reimbursement requirements for county children and youth social service programs). 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. The law was designed to provide early identification and protection of children who have been abused. Call attorney Anthony Piccirilli today to determine which options are best for you. Recent act or failure to actAn act or failure to act committed within 2 years of the date of the report of suspected child abuse to the Department or county agency. When youve been notified by your local Department of Social Services that youre under investigation for the abuse, neglect or dependency of your child or a child in your care, it is an uncertain and fearful time. (iv)Participate in the State or local child fatality review team authorized under section 6340(a)(4) and 6343(b) of the CPSL (relating to release of information in confidential reports; and performance audit), convened by a professional, organization and the county agency for the purpose of investigating a child fatality or the development and promotion of strategies to prevent child fatality. Services are not needed or have been declined. In proceeding to expunge name of suspected abuser from child abuse registry, hearsay testimony in conjunction with admissible corroborative evidence of the act in question can in toto constitute substantial evidence which will satisfy the agencys burden to justify a conclusion of abuse. 9. If additional information surrounding the incident becomes available, the county agency shall file a new report with ChildLine. 2286; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Independent Living Services for Transition-Age Youth, Serves children at risk of neglect or abuse, Children and youth experiencing abuse, neglect, and/or Court designated advocateA trained citizen volunteer appointed by the court to advocate on behalf of dependent children and alleged dependent children involved in juvenile court proceedings. The alleged neglect includes concerns that children or youth are being deprived of food, underweight, or starved. Applicant. (a)An administrator, or other person responsible for employment decisions in a child care facility or program who willfully fails to comply with section 6344 of the CPSL (relating to information relating to prospective child-care personnel) is subject to civil penalty not to exceed $2,500. (i)When the Department receives a written request under this paragraph, ChildLine will send to the court copies of the Report of Suspected Child Abuse (CY-47); the ChildLine Report of Suspected Child Abuse and Neglect For ChildLine Use Only (CY-47C); the Child Protective Service Investigation Report (CY-48); and the Child Protective Service Supplemental Report (CY-49) on file at ChildLine involving the subject child, the childs siblings and their parents. (b)When ChildLine receives a verbal request from a county agency, only the information specified in 3490.32(f) (relating to ChildLine reporting to the county agency) may be released from the pending complaint file and Statewide Central Register. The case is investigated until CPS believes it has enough information to make a determination. Legal entityIncludes a society partnership, corporation or another governing authority legally responsible for the administration and operation of a child care service. (9)Prostitution as defined by section 5902 (relating to prostitution and related offenses). DepartmentThe Department of Human Services of the Commonwealth. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. (f)The Department will process requests for voluntary certification it receives on the forms developed by the Department. Photographs shall be identified by all of the following: (iii)The date and time of day the photograph was taken. Not approved, return case to caseworkers for continued work with instructions of what work needs to be completed before resubmitting for transfer or closure. (i)The person responsible for the administration of a public or private school, intermediate unit or area vocational-technical school. Immediately preceding text appears at serial page (211733). (ii)The term does not include staff of Commonwealth-operated youth development centers and youth forestry camps. (D)Exploitation which includes any of the following: (1)Looking at the sexual or other intimate parts of a child for the purpose of arousing or gratifying sexual desire in either person. (ii)If the county agency is not familiar with the required reporter and does not recognize the reporters voice the county agency may verify the request of the required reporter by returning the telephone call to the reporters place of employment. The investigator will also interview the person who made the complaint and reach out to the childs parents, witnesses, and other people. Fax: (919) 882-1004. (e)Hearings will be scheduled and final administrative action taken in accordance with the time limits specified in 275.4(b) and (e)(1), (3) and (5) (relating to procedures). (d)The Department will reply to requests for voluntary certification by providing the following: (1)A copy of the report of criminal history record information from the Pennsylvania State Police. (2)The rights under sections 6337 and 6338 of the Juvenile Act, when a case goes to juvenile court. If youve never been involved with CPS you dont know what to expect and it may be difficult not to worry: Waiting during the investigative phase of your case can be extremely stressful and the process seemingly takes forever. If there is reasonable cause to suspect there is a history of prior or current abuse, the medical practitioner has the authority to arrange for further medical tests or the county agency has the authority to request further medical tests. This section cited in 55 Pa. Code 3490.62 (relating to repeated child abuse); and 55 Pa. Code 3490.235 (relating to services available through the county agency for children in need of general protective services). 63016385 (relating to the Child Protective Services Law). (b)If the child was allegedly abused in more than one county or on an ongoing basis, ChildLine will assign the report to the county where the most recent alleged abuse occurred. The provisions of this 3490.93 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. Record failed to reveal substantial evidence of child abuse, where only evidence of severe pain was hearsay testimony of social worker and there was not evidence of impairment. (ii)The mayor of a city of the first class. The case may be screened out with a determination that the child is safe and any maltreatment allegations are unsubstantiated. (3)The fact that the name of the perpetrator or school employe and nature of the abuse will be kept on file indefinitely if the Social Security Number or date of birth of the perpetrator or school employe is known. (f)The family service plan shall contain a provision that requires the parents advise the county agency, within 24 hours, when the child or family move from one residence to another. If the family cannot abide by the Safety Plan, the child will be removed from the home, legal custody will be transferred to the state, and the child may be placed with a family member or other suitable individual, in an institution, foster home, or placed for adoption. Immediately preceding text appears at serial page (211738). (i)An agent of the county agency includes: (C)Staff and volunteers of public and private residential child care facilities. Step 1: The Interview danger, call 911 to be referred to an on-call The provisions of this 3490.53 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. In the most extreme cases, CPS will seek to have the abusers parental rights terminated. This information includes: -Domestic Violence History (including power, control, entitlement, and D-LAG indicators), -Household Activity (including people in and out), -Description of Present Dangers (including a description of possible/likely emergency circumstances), -Identification of Protective Adults Who Are or May Be Available, -Name and Contact Information of Parents Who Are Not Subject to the Allegations. Contact your assigned Assistant Attorney General for consultation. Administrator. Any drug paraphernalia is a red flag. v. Department of Public Welfare, 595 A.2d 644 (Pa. Cmwlth. (2)Lay off or place the provisional employe on leave with or without pay until the clearances are received. An investigation is opened within one day of the report, and the child is visited within 72 hours. Have been sexually abused and a safety plan cannot be developed to protect them from the subject. (ii)The term does not include a person who is employed by or provides services or programs in a public or private school, intermediate unit or area vocational-technical school. 3513. The child(ren) will be determined to be either: If SAFE and maltreatment allegations are unsubstantiated, the case will be closed. During this stage, the CPS investigator will take the following steps to conduct a thorough investigation: Interview the people familiar with the child, including their teachers and doctor, Run a criminal background check on the person or people who allegedly abused or neglected the child, Determine if the child is at immediate risk of danger. In some cases, reunification with the child may not be possible. ApplicantA person who will have direct contact with children in a child care service, who does one of the following: (i)Applies for gainful employment in a child care service, including an administrator, or other support personnel. (5)Prioritize the response and services to children most at risk. (4)The nature and extent of the suspected child abuse, including evidence of prior abuse to the child or a sibling. The provisions of this 3490.12 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 2005). The provisions of this 3490.64 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: The county agency shall expunge all information in its possession in unfounded, founded and indicated reports of child abuse upon notification from ChildLine. (d)The county agency shall develop or revise the family service plan as required by Chapter 3130 (relating to administration of county children and youth social service programs) for the child and perpetrator if the report is founded or indicated and the case has been accepted for service. t Prevent future child maltreatment. Investigations may be conducted by child protective services staff and/or law enforcement and often include a multidisciplinary team. Prior to expunging the report, ChildLine shall verify with the county agency that the report was not completed within 60-calendar days. (G)Persons residing in the home of foster or preadoptive parents. 2. 4629; amended April 27, 1990, effective April 28, 1990 and apply retroactively to January 5, 1988, 20 Pa.B. Immediately preceding text appears at serial page (211731). Access will be made to supportive community services, as well as other resources as deemed necessary. However, CYS is not entitled to drag out an investigation. If the plan is unacceptable to the county agency, the county agency shall take appropriate action to ensure the safety of the children in the child care service or facility. If the investigator determines that the child would be at immediate risk of harm if they remained with the parents, the investigator may ask the parents to agree to have the child removed from their care to place them into the care of a relative or family friend. 3513. That caseworker will complete the CPS risk-only investigation. (2)Has, prior to the transfer, already obtained the official clearance statement under subsection (a). (2)A physician examining or treating a child or the director of a hospital or medical facility treating a child, if the physician or the director of a hospital or medical facility suspects the child of being an abused child. (a)The county agency is the sole civil agency responsible for receiving and investigating reports of child abuse except reports of abuse allegedly perpetrated by an agent. 3513. referred to as "CPS") takes possession of a child in the State of Texas without the agreement of a parent or guardian, the following deadlines apply, calculated from the date the child is removed from the home: Day 1: Removal of Child/Emergency Hearing CPS may conduct an emergency removal of a child if a CPS worker finds: 1996); appeal denied 690 A.2d 1165 (Pa. 1997). (4)If during the course of investigating a report of suspected child abuse, the county agency obtains evidence which indicates that referral to law enforcement officials is appropriate, the county agency shall immediately refer the report to the law enforcement official. 3513. The provisions of this 3490.62 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. Refusal to sign the plan may lead to placing the child in foster care. (5)The county agency may not refer to law enforcement officials reports of suspected child abuse which do not meet the requirements of paragraphs (2) and (3). 3513. When there is a pattern of injury to young children because of alleged CA/N. (7)The county agency shall make an entry of the request made by the required reporter and the response given in the case record. Chapter 63. No statutes or acts will be found at this website. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Nonabuse reports received by the county agency or other public agency from ChildLine. This section cited in 55 Pa. Code 3490.121 (relating to definitions). (B)Hospital personnel engaged in the admission, examination, care or treatment of persons. Family does not have resources to meet basic needs. The caseworker must: -Identify self as a Child Protective Service Social Worker from the WV Department of Health and Human Resources, -Inform the caregivers about the child abuse or neglect allegations, the reason for contact, and the process for completing the Family Functioning Assessment (unless they believe notification could compromise child safety), -Provide notification of rights and a copy of the booklet, A Parents Guide to Working with Child Protective Services. (v)State-ownedScotland School and Scranton School for the Deaf. When children or youth are seriously injured. (a)Upon written request to a county agency or ChildLine, a subject of a report may receive at any time a copy of the reports filed with the county agency and ChildLine. (b)The person in charge of the child care service or facility shall implement a plan of supervision or alternative arrangements to ensure the safety of the child and other children who are in the care of the child care service or facility during the investigation. The request shall be made within 5-calendar days of when the status determination was made. Request by the subject of a founded or indicated report for expunction or amendment of an abuse report when the report was received by ChildLine prior to July 1, 1995. (7)The relationship of the alleged perpetrator to the child. (b)The county agency shall begin the investigation immediately upon receipt of a report of suspected child abuse and see the child immediately if one of the following applies: (1)Emergency protective custody has been taken or is needed. (3)Retain and reassign the provisional employe to a position that does not involve direct contact with children. Verify the physician examining children or youth are affiliated with Med-Con or a CAC. Immediately preceding text appears at serial page (229422). If a person takes a child into protective custody, the person shall verbally notify the childs parents, guardians or other custodians immediately and in writing within 24 hours, of the following: (1)The childs whereabouts unless prohibited by a court order. Reports can be "screened out". abandonment, Children and adolescents from birth to age 18, Suspected of being physically, sexually, or emotionally Consult with supervisors if children or youth are unsafe and LE does not place them into protective custody. Contact the regional Child Protection Medical Consultant for consultation on medications and children with complex medical issues, when applicable. When an allegation of abuse involves a child with a pending custody case, the court may refer the allegation to CPS and demand a written report according to the relevant timeline of that court. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. The caregiver is unwilling or unable to perform parental duties and responsibilities, which could result in serious harm to the child. (6)Encourage more complete reporting of suspected child abuse. 3513. 3513. (c)Upon receipt of a written request from the county agency for information regarding a subject of a report, ChildLine will forward copies of all reports on file which are under investigation, founded or indicated involving that subject to the county agency, except information obtained by the Department in response to a request to amend or expunge an indicated or founded report of child abuse. Immediately preceding text apepars at serial page (211721). Services available through the county agency. (i)Persons who, in the course of their employment, occupation or practice of their profession come into contact with children and have reasonable cause to suspect, on the basis of their medical, professional or other training and experience, that a child coming before them in their professional or official capacity is a victim of child abuse.