4547; reserved July 2, 1999, effective July 3, 1999, 29 Pa.B. 3490.16. 3513. 7. Fax: (919) 882-1004. Performance auditA review of a county agencys practices and implementation of the CPSL and this chapter by persons designated by the Secretary. (a)A subject of an indicated or founded report may request in writing that the Secretary amend or expunge the report on the grounds that it is inaccurate or being maintained in a manner inconsistent with the CPSL and this chapter. (2)Engaging or encouraging a child to look at the sexual or other intimate parts of another person for the purpose of arousing or gratifying sexual desire in any person involved. The county agency shall notify those to whom it gave information to take similar action. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Depending on what CYS investigators find in the month following the initial report, they may close or open a case. Immediately preceding text appears at serial page (211724). (a)Required reporters who work in an institution, school, facility or agency shall immediately notify the person in charge of the institution, school, facility or agency or the person in charges designee of suspected abuse. Immediately preceding text appears at serial page (211725). LD CPS employees, within 45 days from the date the allegations were reported. The provisions of this 3490.136 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. In short, no risk was found that would warrant DSS to be involved or make recommendations because the child is safe. For: CW employees, within 60 days from the date the allegations were reported. (C)A recent act, failure to act or series of the acts or failures to act by a perpetrator which creates an imminent risk of serious physical injury to or sexual abuse or exploitation of a child. Expunction and amendment of report by the county agency. (6)The purpose of the law, the implications of the status determination of the report and the services available through the county agency. 1995). (ii)Applies for employment with a contractor who is under contract with a child care facility or program. Houston, TX 77068. Close cases and submit to their supervisor when. If the child resides in a different county, ChildLine will notify that county also. Living arrangements seriously endanger a childs physical health. Retention of information on unfounded reports. The provisions of this 3490.35 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. Notifying the county agency. This section cited in 55 Pa. Code 3490.36 (relating to providing information to the county agency). 3513. (7)The results of any criminal prosecution. A staff member of the Department or county agency who willfully violates the CPSL and this chapter is subject to disciplinary action, including dismissal. Immediately preceding text appears at serial pages (211722) to (211723). County, Provides in-home support to families when the Assessment Can I Get a Civil Restraining Order or No-Contact Order? (ii)Provide or recommend comprehensive coordinated treatment. The provisions of this 3490.61 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. The county agency staff may not be deputized or use blanket court orders to take children into protective custody. Prior to the meeting with the multidisciplinary team, the agency administrator or designee, the supervisor and caseworker shall review the family service plan and make a recommendation to the multidisciplinary team on the appropriateness of the family service plan and whether additional or different services are necessary to protect the child. When there is a disagreement between supervisors about an intake screening decision or a CPS investigation identified to transfer to Family Voluntary Services (FVS), consult with: For CPS Risk Only screened-in intakes, assign them: To the assigned CPS Family Assessment Response (FAR), CPS Investigation, FVS, or Child and Family Welfare Services (CFWS) caseworker, if the case is already open to that caseworker. (e)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 report of criminal history record verification or the report of child abuse record information was obtained more than 1 year prior to the date of application. The provisions of this 3490.18 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. If the person is named as a perpetrator of an indicated or founded report of child abuse or a school employe responsible for student abuse, the response will include the following information: (c)The Department will comply with the request for an official clearance statement within 14 days of receipt of the request by the Department. (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. (b)The county agency shall protect the safety of the subject child and other children in the home or facility and shall provide or arrange appropriate services when necessary during the investigation period. 3513. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); If you are dealing with a legal matter, contact our Pittsburgh family law attorneys at Pittsburgh Divorce & Family Law, LLC to find out how we can help. This includes: Determining the country from which the child or youth was adopted. The investigator will also interview the person who made the complaint and reach out to the childs parents, witnesses, and other people. The Crown Prosecution Service (CPS) prosecutes criminal cases that have been investigated by the police and other investigative organisations in England and Wales. Refusal to sign the plan may lead to placing the child in foster care. Immediately preceding text appears at serial page (211734). Immediately preceding text appears at serial pages (211736) to (211737). Immediately preceding text appears at serial page (211723). (6)A standing committee of the General Assembly, under section 6384 of the CPSL (relating to legislative oversight). 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. PA 211 Terms and Privacy. (4)Their right to services from the county agency. In other instances, the child may not be able to see a medical provider in the requisite time frame. If a person takes a child suspected of being abused into protective custody, the person shall immediately notify the county agency in the county where the child is being held that the child is in protective custody. ChildLine will use the United States Postal Service postmark or the date received by the Department when transmitted electronically to determine when the Department is informed by the county agency of the status determination of a report. (b)Information received by a legal entity, an administrator, the Department or the Department of Health under 3490.124 (relating to Departmental procedures for replying to a request for verification) is confidential and the legal entity, administrator, the Department and the Department of Health are subject to 3490.102 (relating to criminal liability for breach of confidentiality). 2535(a). Immediately preceding text appears at serial page (211738). This allows enough time for the caseworker to determine if the child has really been abused or neglected, or if the child is at risk for future abuse or neglect, as well as the overall safety of the child. Based on the Family Functioning Assessment, Present Danger Assessment, and Impending Threat Assessment (regardless of whether or not abuse or neglect occurred), a determination will be made regarding whether or not the family will have a case opened for ongoing CPS. (a)A request for information from the Statewide Central Register, pending complaint file or file of unfounded reports by persons permitted access to this information, other than the county agency, shall be in writing and signed by the person requesting the information. Whether your child is removed from your home or not, you may be required to complete parenting classes, anger management classes, alcohol or drug treatment, or therapy. 63016384 (relating to the Child Protective Servicces Law). Among other things, CPS can provide your family with food vouchers, free diapers and even help with housing! 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Immediately preceding text appears at serial pages (236833) and (211721). . 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. The provisions of this 3490.51 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (2)The date of birth and sex of the child. The county agency worker shall visit the family in performing the case management responsibilities as required by 3130.63 as often as necessary for management of the services provided but at least every 180-calendar days. Statute Has Priority Over Conflicting Regulation, Where there is a conflict between the statute and a regulation purporting to implement the provisions of that statute, the regulation must give way. CPS Investigations Child Protective Services is at your door. The provisions of this 3490.106 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (f)The Department will process requests for voluntary certification it receives on the forms developed by the Department. Immediately preceding text appears at serial page (211736). 3513. (d)The county agency may not provide information to a law enforcement official under this section, unless the law enforcement official is known to or has exhibited proper identification to the county agency. (4)The county agency shall release the information under 3490.91(a)(15) when requested by a required reporter. (b)A person other than a school employe having reasonable cause to suspect that a school employe has committed student abuse may report the suspected abuse to the school administrator as required by 3490.151(c) and 3490.152(a) and (c) (relating to required reporting; and responsibilities of administrators and school employes). Protective custody under this chapter may not be maintained longer than 72 hours without an informal hearing under section 6332 of the Juvenile Act (relating to informal hearing). If there is incomplete information in the report, ChildLine will contact the county agency and request additional clarifying information so that the information in the Statewide Central Register is complete. Once CPS concludes the investigation, it will determine two things: Did the abuse or neglect actually take place? To gather sufficient information about the referred family to locate the family and child(ren), and to identify children who may be in danger. (4)The regional office of the Department that is responsible to license, register or approve the child care service or facility. (relating to the Juvenile Act). 155), known as the First Class City Home Rule Act. (2)There is medical evidence that the child is a victim of alleged child abuse and that the childs physical condition constitutes a medical emergency which requires immediate hospitalization to prevent death or serious physical impairment. (a)Requests for verification received on forms provided by the Department with a check or money order payable to the Department of Human Services in the amount charged by the Department will be processed. 501508 and 701704 (relating to the Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedures). Required reporters. The court will not overturn factual findings and a conclusion of law by the Office of Hearings and Appeals regarding whether particular conduct constituted sexual assault where the issue raised by petitioner involved OHAs specific findings as to the nature and extent of bodily contact considering height differences of the child and her father. Therefore, it was error not to expunge petitioners record of indicated child abuse. The request for verification shall include a check or money order for the fee charged by the Department, payable to the Department of Human Services, which will not exceed $10. The law was designed to provide early identification and protection of children who have been abused. Immediately preceding text appears at serial pages (211734) to (211735). 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. (b)The clearance statement under subsection (a) is not required for an applicant who meets the following conditions: (1)Transfers from one position as a school employe to another position as a school employe of the same school district or of the same organization. If children or youth are out-of-state and believed to be unsafe, make a CPS report to the state where it is believed the children or youth are located. An investigation is opened within one day of the report, and the child is visited within 72 hours. 3513. (e)Law enforcement officials shall treat all reporting sources and persons who cooperated in the investigation as confidential informants. Failure to raise the issue of whether the actions of the abuser fell within the statutory definition of child abuse constituted a waiver of that issue. All other allegations of child abuse or neglect are investigated within 14 days. (a)When the suspected abuse has been committed by an agent of the county agency, the regional staff shall investigate the report under section 6362 of the CPSL (relating to responsibilities of county agency for child protective services) and this chapter. (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. The purpose of this policy is to provide guidance on conducting investigations when intakes are screened-in with allegations of child abuse or neglect (CA/N) or when children or youth are believed to be at imminent risk of harm. 402(a) Federal Indian Child Welfare Act, Public Law 95-608 25 USC Sub-section 1901-1952 State Social Welfare Laws 1939 PA 280 (MCL 400.115b and 400.55(h)) State Child Protection Law (CPL) 1975 PA 238 (MCL 722.621 et seq.) To obtain a form for the clearance statement, an applicant may call the ChildLine verification unit at (717) 783-6211 and request a Pennsylvania Child Abuse History Clearance Form. Contact Isner Law Office today to schedule a consultation. (a)A perpetrator may appeal the Secretarys decision to deny the request to expunge an indicated report by filing an appeal with the Secretary. Person responsible for the childs welfare. (14)Individuals authorized by the Department to conduct studies of data, if the study does not contain the name or other information by which the subjects of reports may be identified. Child Protective Services (CPS) Investigation, Safety, Risk, and Investigative Assessments, Consultations, Evaluations, and Referrals, Case Coordination and Collateral Contacts, Child Care & Early Learning Professional Development, Mandatory Reporting of Child Abuse or Neglect, Office of Innovation, Alignment, and Accountability, Since Time Immemorial Early Learning Curriculum, Indian Child Welfare Chapter 1 Initial Intake Indian Child Welfare (ICW), Child Protective Services (CPS) Initial Face-to-Face Response, Health and Safety Visits with Children and Youth and Monthly Visits with Parents and Caregivers, Indian Child Welfare Manual Chapter 3 Inquiry and Verification of Childs Indian Status, universal domestic violence (DV) screening, Child Protective Services (CPS) Initial Face-To-Face (IFF) Response, LD CPS Use of Safety Assessment and Safety Planning Tools, Structured Decision Making Risk Assessment (SDMRA), Early Support for Infants and Toddlers (ESIT, 2332. Referrals may be made for court-ordered parenting classes, mental health treatment, drug and alcohol services, and other interventions. A formal face-to-face contact occurs. Documentation of this review shall be in the case record. Services not recommended is made when the investigation does not find any safety concerns for the child and no other non-safety related services exist. Guardian ad litem and court designated advocate. (a)Requests for child abuse information by law enforcement officials under 3490.91(a)(9) (relating to persons to whom child abuse information shall be made available) shall be made with the following requirements: (1)Requests shall be in writing and signed by the law enforcement official. Ask for the child's medical . If the investigation takes longer than 45 days the agency must promptly notify the family about the extension. Being investigated by CPS is a serious matter. If SAFE, but maltreatment allegations are substantiated, a case will be opened for ongoing CPS. 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. (a)A prospective adoptive parent or a prospective foster parent shall submit a request for verification on forms provided by the Department. The child(ren) will be determined to be either: If SAFE and maltreatment allegations are unsubstantiated, the case will be closed. The provisions of this 3490.20 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. Investigators usually have 45 days to complete an investigation. 2535(a) (relating to investigation), an agency or person designated by the court to conduct the investigation shall require prospective adoptive parents to submit the information in section 6344 of the CPSL (relating to information relating to prospective child-care personnel) for review under subsection (d). Approved by:Frank Ordway, Chief of Staff. 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. (2)A home of a relative of the child or other individual who has a significant relationship with the child or the childs family. 3490.15. (3)A guardian ad litem and court designated advocate for the child. 3513. Contact Us. (5)The county agency may release the information under 3490.91(a)(15), either verbally or in writing, to the required reporter whether or not a request for information was received. Consult with LE, treatment providers, and others involved with the family. 8372 (December 31, 2022). Lampasas Child Protective Services attorney, the CPS investigator may remove the child from home, a home or school visit to talk to the child. (2)A report of child abuse and student abuse history record information under 3490.124 (relating to Departmental procedures for replying to a request for verification). 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 1987). The provisions of this 3490.58 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. Immediately preceding text appears at serial page (211752). CPS accepts reports of known and suspected child abuse and neglect and intervenes at the homes of these children 24 hours a day, seven days a week. (c)The notification from the Secretary will be sent by first-class mail. (10)Law enforcement officials who shall immediately receive reports of suspected child abuse from the county agency, when the initial report or initial review by the county agency gives evidence that the alleged child abuse is one of the following: (i)Homicide, sexual abuse or exploitation, or serious bodily injury perpetrated by persons whether or not related to the child. This section cited in 55 Pa. Code 3490.67 (relating to written reports to ChildLine). (e)The report of the investigation shall be submitted to ChildLine within 30-calendar days of when the report was received at ChildLine. (a)ChildLine shall release information to a county agency verbally only when both of the following exist: (1)The county agency is making a report of suspected child abuse. The provisions of this 3490.134 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. (2)The parent has been convicted of a crime under section 6344 of the CPSL or an equivalent out-of-State crime as determined by the Department. Electrical Parts (3)The information shall include the names of the persons who made the report and who cooperated in the investigation when requested by the law enforcement official. (a)Upon receipt of a report of suspected child abuse ChildLine will enter the information specified in section 6336 of the CPSL (relating to information in Statewide Central Register) into the pending complaint file. (b)ChildLine will notify the county agency and the perpetrator of any expunction of a report of child abuse, except when the expunction is the result of the Secretarys decision, in which case the county agency and all subjects shall be notified. 4629; amended April 27, 1990, effective April 28, 1990 and apply retroactively to January 5, 1988, 20 Pa.B. Subjects of the reportA child, parent, guardian or other person responsible for the welfare of a child or any alleged or actual perpetrator or school employe named in a report made to the Department or county agency under this subchapter. This information may be released to the required reporter at any time after the report of suspected child abuse has been made. Virginia Mandated Reporters. Release of information to a subject of a report. 3513. (B)An act or failure to act by a perpetrator which causes nonaccidental serious mental injury to or sexual abuse or exploitation of a child. (ii)The mayor of a city of the first class. An action under section 6355 of the CPSL is governed by 2 Pa.C.S. (b)The Secretary will decide whether to grant or deny a request made under subsection (a) within 30 days from the date the request is received. Interview professionals and other individuals who may have knowledge of the children or youth, parents or guardians, or the allegations of CA/N including but not limited to: Other adults or children living in the home, Other individuals identified by parents or caregivers, Seek expert consultation and evaluation of issues that may pose a child safety threat or. Functions of the county agency for child protective services. cps investigation timeline pa. Home steps to analyze likert scale data in excel cps investigation timeline pa. distance from my location to biloxi mississippi. Usually, a report is "screened out" when: There's not enough information on which to base an investigation. Identified as substance affected by a health care provider.