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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6331 - Establishment of Statewide database

§ 6331. Establishment of Statewide database.
There shall be established in the department a Statewide database of protective services, which shall include the following, as provided by section 6336 (relating to information in Statewide database):
(1) Reports of suspected child abuse pending investigation.
(2) Reports with a status of pending juvenile court or pending criminal court action.
(3) Indicated and founded reports of child abuse.
(4) Unfounded reports of child abuse awaiting expunction.
(5) Unfounded reports accepted for services.
(6) Reports alleging the need for general protective services.
(7) General protective services reports that have been determined to be valid.
(8) Reports alleging the need for general protective services that have been determined invalid and are awaiting expunction.
(9) A family case record for all reports accepted for investigation, assessment or services.
(10) Information on reports made to the agency, but not accepted for investigation or assessment.
(11) False reports of child abuse pursuant to a conviction under 18 Pa.C.S. § 4906.1 (relating to false reports of child abuse) for the purpose of identifying and tracking patterns of intentionally false reports.
(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Dec. 18, 2013, P.L.1201, No.119, eff. July 1, 2014; Apr. 7, 2014, P.L.388, No.29, eff. Dec. 31, 2014; May 14, 2014, P.L.653, No.45, eff. Dec. 31, 2014)
2014 Amendments.
Act 29 amended the entire section and Act 45 amended par. (11).
Cross References.
Section 6331 is referred to in section 6334 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6333 - Continuous availability of department

§ 6333. Continuous availability of department.
The department shall be capable of receiving oral reports of child abuse, reports of children in need of general protective services, reports made by electronic technologies pursuant to this chapter and report summaries from county agencies. The department shall be capable of immediately identifying prior reports in the Statewide database and reports under investigation with a pending status and of monitoring the provision of child protective services 24 hours a day, seven days a week.
(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Apr. 7, 2014, P.L.388, No.29, eff. Dec. 31, 2014)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6334.1 - Responsibility for investigation

§ 6334.1. Responsibility for investigation.
The department shall establish procedures regarding the following different responses to address suspected child abuse and protective services depending on the person's allegedly committing the suspected child abuse or causing a child to be in need of protective services:
(1) If the suspected child abuse is alleged to have been committed by a perpetrator, the appropriate county agency shall investigate the allegation as provided in this chapter.
(2) If the suspected child abuse is alleged to have been committed by a perpetrator and the behavior constituting the suspected child abuse may include a violation of a criminal offense, the appropriate county agency and law enforcement officials shall jointly investigate the allegation through the investigative team established in section 6365(c) (relating to services for prevention, investigation and treatment of child abuse) and as provided in this chapter.
(3) If the suspected child abuse is alleged to have been committed by a person who is not a perpetrator and the behavior constituting the suspected child abuse may include a violation of a criminal offense, law enforcement officials where the suspected child abuse is alleged to have occurred shall be solely responsible for investigating the allegation.
(4) If a child is alleged to be in need of other protective services, the appropriate county agency shall assess the needs of the child as provided in this chapter.
(Apr. 7, 2014, P.L.388, No.29, eff. Dec. 31, 2014)
2014 Amendment.
Act 29 added section 6334.1.
Cross References.
Section 6334.1 is referred to in section 6340 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6338 - Disposition of founded and indicated reports

§ 6338. Disposition of founded and indicated reports.
(a) General rule.--
When a report of suspected child abuse is determined by the appropriate county agency to be a founded report or an indicated report, the status of the report shall be changed from pending to founded or indicated in the Statewide database. Notice of the determination that a report is a founded, indicated or unfounded report shall be made as provided in section 6368(f) (relating to investigation of reports).
(b) Expunction of information when child attains 23 years of age.--
Except as provided in subsection (c), all information which identifies the subjects of founded and indicated child abuse reports shall be expunged when the subject child reaches the age of 23. The expunction shall be mandated and guaranteed by the department.
(c) Retention of information.--
The Statewide database shall indefinitely retain the names of perpetrators of child abuse and school employees who are subjects of founded or indicated reports only if the individual's Social Security number or date of birth is known to the department. The entry in the Statewide database shall not include identifying information regarding other subjects of the report.
(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Dec. 18, 2013, P.L.1170, No.108, eff. Dec. 31, 2014; Apr. 7, 2014, P.L.388, No.29, eff. Dec. 31, 2014; May 14, 2014, P.L.653, No.45, eff. Dec. 31, 2014)
2014 Amendments.
Act 29 amended subsecs. (a) and (c) and Act 45 amended subsec. (a).
Cross References.
Section 6338 is referred to in section 6349 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6339 - Confidentiality of reports

§ 6339. Confidentiality of reports.
Except as otherwise provided in this subchapter or by the Pennsylvania Rules of Juvenile Court Procedure, reports made pursuant to this chapter, including, but not limited to, report summaries of child abuse and reports made pursuant to section 6313 (relating to reporting procedure) as well as any other information obtained, reports written or photographs or X-rays taken concerning alleged instances of child abuse in the possession of the department or a county agency shall be confidential.
(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Apr. 7, 2014, P.L.388, No.29, eff. Dec. 31, 2014; Oct. 22, 2014, P.L.2529, No.153, eff. Dec. 31, 2014)
Suspension by Court Rule.
Section 6339 was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 1800(9), adopted August 21, 2006, insofar as it is inconsistent with Rule 1340(B)(1)(e), which provides for the disclosure of reports if the reports are going to be used as evidence in a hearing to prove dependency of a child.
Cross References.
Section 6339 is referred to in sections 6340, 6341, 6365 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6340.1 - Exchange of information

§ 6340.1. Exchange of information.
(a) Certified medical practitioners.--
In circumstances which negatively affect the medical health of a child, a certified medical practitioner shall, in a timely manner, provide the county agency with the following information when an assessment for general protective services or a child abuse investigation is being conducted or when the family has been accepted for services by a county agency:
(1) Relevant medical information known to the certified medical practitioner regarding the child's prior and current health.
(2) Information from a subsequent examination.
(3) Information regarding treatment of the child.
(4) Relevant medical information known regarding any other child in the child's household where such information may contribute to the assessment, investigation or provision of services by the county agency to the child or other children in the household.
(b) Parental consent.--
Parental consent is not required for the certified medical practitioner to provide the information under subsection (a).
(c) Request by certified medical practitioner.--
If requested by the child's primary care physician or a certified medical practitioner who is providing medical care to the child, the county agency, in order to ensure the proper medical care of the child, shall provide the following information as it pertains to circumstances which negatively affect the medical health of the child:
(1) The final status of any assessment of general protective services or an investigation of child abuse, if the report of child abuse is indicated or founded.
(2) Information on an unfounded report of child abuse if the certified medical practitioner made the report as a mandated reporter under section 6311 (relating to persons required to report suspected child abuse).
(3) If accepted for services, any service provided, arranged for or to be provided by the county agency.
(4) The identity of other certified medical practitioners providing medical care to the child to obtain the child's medical records to allow for coordination of care between medical practitioners.
(d) Notification by county agency.--
In circumstances which negatively affect the medical health of a child, the county agency shall notify the certified medical practitioner who is the child's primary care provider, if known, of the following information:
(1) The final status of any assessment of general protective services or an investigation of child abuse, if the report of child abuse is indicated or founded.
(2) Information on an unfounded report of child abuse if the certified medical practitioner made the report as a mandated reporter under section 6311.
(3) If accepted for services, any service provided, arranged for or to be provided by the county agency.
(Oct. 22, 2014, P.L.2876, No.176, eff. Dec. 31, 2014)
2014 Amendment.
Act 176 added section 6340.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6342 - Studies of data in records

§ 6342. Studies of data in records.
(a) Studies.--
The department may conduct or authorize the conducting of studies of the data contained in the Statewide database and by county agencies and distribute the results of the studies. No study may contain the name or other information by which a subject of a report could be identified. The department may allow Federal auditors access to nonidentifiable duplicates of reports in the Statewide database if required for Federal financial participation in funding of agencies.
(b) Data form.--
The department shall develop a data form to facilitate the collection of statistical and demographic information from a child fatality or near fatality review team and a county agency, which can be incorporated into a study conducted by the department.
(July 3, 2008, P.L.276, No.33, eff. 180 days; Apr. 7, 2014, P.L.388, No.29, eff. Dec. 31, 2014)
2014 Amendment.
Act 29 amended subsec. (a).
Cross References.
Section 6342 is referred to in sections 6335, 6336 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6343.1 - Citizen review panels

§ 6343.1. Citizen review panels.
(a) Establishment.--
The department shall establish a minimum of three citizen review panels. The department may designate a child fatality or near fatality review team under section 6365(d) (relating to services for prevention, investigation and treatment of child abuse) as a citizen review panel as long as the team has the capacity to perform as a citizen review panel.
(b) Function.--
The panels shall examine all of the following:
(1) Policies, procedures and practices of State and local agencies and, where appropriate, specific cases to evaluate the extent to which State and local child protective services system agencies are effectively discharging their child protection responsibilities under section 106(b) of the Child Abuse Prevention and Treatment Act (Public Law 93-247, 42 U.S.C. § 5106a(b)).
(2) Other criteria the panel considers important to ensure the protection of children, including:
(i) a review of the extent to which the State and local child protective services system is coordinated with the foster care and adoption programs established under Part E of Title IV of the Social Security Act (49 Stat. 620, 42 U.S.C. § 670 et seq.); and
(ii) a review of child fatalities and near fatalities, including, but not limited to, a review of any child fatality or near fatality involving a child in the custody of a public or private agency where there is no report of suspected child abuse and the cause of death is neither the result of child abuse nor natural causes.
(c) Membership.--
The panels shall be composed of volunteer members who represent the community, including members who have expertise in the prevention and treatment of child abuse and neglect.
(d) Meetings.--
Each citizen review panel shall meet not less than once every three months.
(e) Reports.--
The department shall issue an annual report summarizing the activities and recommendations of the panels and summarizing the department response to the recommendations.
(Nov. 9, 2006, P.L.1358, No.146, eff. 180 days; July 3, 2008, P.L.276, No.33, eff. 180 days)
2008 Amendment.
Act 33 amended subsecs. (a) and (b)(2)(ii).
2006 Amendment.
Act 146 added section 6343.1.
Cross References.
Section 6343.1 is referred to in sections 6335, 6340 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6344.1 - Information relating to certified or licensed child-care home residents

§ 6344.1. Information relating to certified or licensed child-care home residents.
(a) General rule.--
In addition to the requirements of section 6344 (relating to employees having contact with children; adoptive and foster parents), an individual who applies to the department for a certificate of compliance or a license to provide child day care in a residence shall include criminal history record and child abuse record information required under section 6344(b) for every individual 18 years of age or older who resides in the home for at least 30 days in a calendar year.
(b) Required information.--
Child abuse record information required under subsection (a) shall include certification by the department as to whether the applicant is named in the Statewide database as the perpetrator of a founded report or an indicated report.
(c) Effect on certification or licensure.--
The department shall refuse to issue or renew a certificate of compliance or license or shall revoke a certificate of compliance or license if the day-care home provider or individual 18 years of age or older who has resided in the home for at least 30 days in a calendar year:
(1) is named in the Statewide database as the perpetrator of a founded report committed within the immediately preceding five-year period; or
(2) has been convicted of an offense enumerated in section 6344(c).
(d) Regulations.--
The department shall promulgate regulations to administer this section.
(Nov. 29, 2006, P.L.1581, No.179, eff. 180 days; Apr. 7, 2014, P.L.388, No.29, eff. Dec. 31, 2014; May 14, 2014, P.L.653, No.45, eff. Dec. 31, 2014; Oct. 22, 2014, P.L.2529, No.153, eff. Dec. 31, 2014; July 1, 2015, P.L.94, No.15, eff. imd.)
2015
Amendment.
Act 15 amended the section heading and subsecs. (a) and (c).
2014 Amendments.
Act 29 amended subsecs. (b) and (c)(1), Act 45 amended subsec. (b) and Act 153 amended the section heading and subsecs. (a), (b) and (c).
2006 Amendment.
Act 179 added section 6344.1.
Cross References. Section 6344.1 is referred to in section 6335 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6344.4 - Recertification

§ 6344.4. Recertification.
New certifications shall be obtained in accordance with the following:
(1) Effective December 31, 2014:
(i) Except as provided in subparagraph (v), a person identified in section 6344 (relating to employees having contact with children; adoptive and foster parents) shall be required to obtain the certifications required by this chapter every 60 months.
(ii) School employees identified in section 6344(a.1)(1) shall be required to obtain reports under section 111 of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, and under section 6344(b)(2) every 60 months.
(iii) Any person identified in section 6344 with a current certification issued prior to the effective date of this section shall be required to obtain the certifications required by this chapter within 60 months from the date of the person's oldest certification or, if the current certification is older than 60 months, within one year of the effective date of this section.
(iv) A person identified in section 6344 without a certification or who was previously not required to have a certification shall be required to obtain the certifications required by this chapter no later than December 31, 2015.
(2) (i) Effective August 25, 2015, a person identified in section 6344.2 (relating to volunteers having contact with children) shall be required to obtain the certifications required by this chapter every 60 months from the date of the person's most recent certification or, if the current certification is older than 60 months, within one year of the effective date of this section.
(ii) A person identified under section 6344.2 without a certification or who was previously not required to have a certification shall be required to obtain the certifications required by this chapter no later than July 1, 2016.
(3) For renewals of certification required under this chapter, the date for required renewal under this section shall be from the date of the oldest certification under section 6344(b).
(Oct. 22, 2014, P.L.2529, No.153, eff. Dec. 31, 2014; July 1, 2015, P.L.94, No.15, eff. imd.)
Special Provisions in Appendix.
See section 15 of Act 153 of 2014 in the appendix to this title for special provisions relating to study by Department of Human Services.
References in Text. Subparagraph (v), referred to in paragraph (1)(i), does not exist.
Cross References. Section 6344.4 is referred to in sections 6344, 6344.3, 6387 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6345 - Audits by Attorney General

§ 6345. Audits by Attorney General.
The Attorney General shall conduct a mandated audit done randomly but at least once during each year on an unannounced basis to ensure that the expunction requirements of this chapter are being fully and properly conducted.
(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6346 - Cooperation of other agencies

§ 6346. Cooperation of other agencies.
(a) General rule.--
The secretary may request and shall receive from Commonwealth agencies, political subdivisions, an authorized agency or any other agency providing services under the local protective services plan any assistance and data that will enable the department and the county agency to fulfill their responsibilities properly, including law enforcement officials when assistance is needed in conducting an investigation or an assessment of safety or risk to the child. School districts shall cooperate with the department and the agency by providing them upon request with the information as is consistent with law.
(b) Willful failure to cooperate.--
Any agency, school or facility or any person acting on behalf of an agency, school or facility that violates this section by willfully failing to cooperate with the department or a county agency when investigating a report of suspected child abuse or when assessing safety or risk to a child commits a misdemeanor of the third degree for a first violation and a misdemeanor of the second degree for subsequent violations.
(c) Cooperation of county agency and law enforcement officials.--
Consistent with the provisions of this chapter, the county agency and law enforcement officials shall cooperate and coordinate, to the fullest extent possible, their efforts to respond to and investigate reports of suspected child abuse.
(d) Advice to county agency.--
Whenever a report of suspected child abuse is referred from a county agency to a law enforcement official pursuant to section 6340(a)(9) and (10) (relating to release of information in confidential reports), as soon as possible, and without jeopardizing the criminal investigation or prosecution, the law enforcement official shall advise the county agency as to whether a criminal investigation has been undertaken and the results of the investigation and of any criminal prosecution. The county agency shall ensure that the information is referred to the Statewide database.
(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Dec. 15, 1998, P.L.963, No.127, eff. Mar. 1, 1999; Apr. 7, 2014, P.L.388, No.29, eff. Dec. 31, 2014; May 14, 2014, P.L.653, No.45, eff. Dec. 31, 2014)
2014 Amendments.
Act 29 amended the entire section and Act 45 amended subsecs. (b) and (c).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6347 - Reports to Governor and General Assembly

§ 6347. Reports to Governor and General Assembly.
(a) General rule.--
No later than May 1 of every year, the secretary shall prepare and transmit to the Governor and the General Assembly a report on the operations of the Statewide database and protective services provided by county agencies. The report shall include a full statistical analysis of the reports of suspected child abuse made to the department and the reports of general protective services made to the department or county agencies, together with a report on the implementation of this chapter and its total cost to the Commonwealth, the evaluation of the secretary of services offered under this chapter and recommendations for repeal or for additional legislation to fulfill the purposes of this chapter. All such recommendations should contain an estimate of increased or decreased costs resulting therefrom. The report shall also include an explanation of services provided to children who were the subjects of founded or indicated reports while receiving child-care services. The department shall also describe its actions in respect to the perpetrators of the abuse.
(b) Reports from county agencies.--
To assist the department in preparing its annual report and the quarterly reports required under subsection (c), each county agency shall submit a quarterly report to the department, including, at a minimum, the following information, on an aggregate basis, regarding general protective services and child protective services:
(1) The number of referrals received and referrals accepted.
(2) The number of children over whom the agency maintains continuing supervision.
(3) The number of cases which have been closed by the agency.
(4) The services provided to children and their families.
(5) A summary of the findings with nonidentifying information about each case of child abuse or neglect which has resulted in a child fatality or near fatality.
(c) Quarterly reports.--
The department shall prepare and transmit to the Governor and the General Assembly a quarterly report that includes a summary of the findings with nonidentifying information about each case of child abuse or neglect that has resulted in a child fatality or near fatality. One of the quarterly reports may be included within the annual report required under subsection (a).
(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1996; Nov. 9, 2006, P.L.1358, No.146, eff. 180 days; Apr. 7, 2014, P.L.388, No.29, eff. Dec. 31, 2014; May 14, 2014, P.L.653, No.45, eff. Dec. 31, 2014)
2014 Amendments.
Act 29 amended subsec. (a) and Act 45 amended subsecs. (a) and (b).
2006 Amendment.
Act 146 amended the section heading and subsec. (b) intro. par., added subsecs. (b)(5) and (c) and carried without amendment subsec. (a).
Cross References. Section 6347 is referred to in section 6335 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6348 - Regulations

§ 6348. Regulations.
The department shall adopt regulations necessary to implement this chapter.
Special Provisions in Appendix.
See section 10(2) of Act 151 of 1994 in the appendix to this title for special provisions relating to promulgation of regulations pertaining to general protective services.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6349 - Penalties

§ 6349. Penalties.
(a) Failure to amend or expunge information.--
(1) A person or official authorized to keep the records mentioned in section 6337 (relating to disposition and expunction of unfounded reports and general protective services reports) or 6338 (relating to disposition of founded and indicated reports) who willfully fails to amend or expunge the information when required commits a misdemeanor of the third degree for the first violation and a misdemeanor of the second degree for a second or subsequent violation.
(2) A person who willfully fails to obey a final order of the secretary or designated agent of the secretary to amend or expunge the summary of the report in the Statewide database or the contents of any report filed pursuant to section 6313 (relating to reporting procedure) commits a misdemeanor of the third degree.
(b) Unauthorized release of information.--
A person who willfully releases or permits the release of any information contained in the Statewide database or the county agency records required by this chapter to persons or agencies not permitted by this chapter to receive that information commits a misdemeanor of the second degree. Law enforcement officials shall insure the confidentiality and security of information under this chapter. A person, including a law enforcement official, who violates the provisions of this subsection shall, in addition to other civil or criminal penalties provided by law, be denied access to the information provided under this chapter.
(b.1) Unauthorized access or use of information.--
A person who willfully accesses, attempts to access or uses information in the Statewide database for a purpose not authorized under this chapter commits a misdemeanor of the second degree. A person who uses information in the Statewide database for a purpose not authorized under this chapter with intent to harass, embarrass or harm another person commits a misdemeanor of the first degree.
(c) Noncompliance with child-care personnel regulations.--
An administrator, or other person responsible for employment decisions in a child-care facility or program, who willfully fails to comply with the provisions of section 6344 (relating to employees having contact with children; adoptive and foster parents) commits a violation of this chapter and shall be subject to a civil penalty as provided in this subsection. The department shall have jurisdiction to determine violations of section 6344 and may, following a hearing, assess a civil penalty not to exceed $2,500. The civil penalty shall be payable to the Commonwealth.
(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Apr. 7, 2014, P.L.388, No.29, eff. Dec. 31, 2014; Oct. 22, 2014, P.L.2529, No.153, eff. Dec. 31, 2014)
2014 Amendments.
Act 29 amended subsecs. (a) and (b), added subsec. (b.1) and carried without amendment subsec. (c) and Act 153 amended subsec. (c).
Cross References. Section 6349 is referred to in section 6335 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6351 - § 6353.4 - (Repealed)

2014 Repeal.
Subchapter C.1 (§§ 6351 - 6353.4) was added December 16, 1994, P.L.1292, No.151, and repealed May 14, 2014, P.L.645, No.44, effective December 31, 2014, and May 14, 2014, P.L.653, No.45, effective December 31, 2014.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6354 - § 6358 - (Repealed)

2014 Repeal.
Subchapter C.2 (§§ 6354 - 6358) was added December 16, 1994, P.L.1292, No.151, and repealed May 14, 2014, P.L.653, No.45, effective December 31, 2014.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6361 - Organization for child protective services

§ 6361. Organization for child protective services.
(a) Establishment.--
Every county agency shall make available child protective services within the agency. The department may waive the requirement that a county agency be the sole civil agency for receipt and investigation of reports pursuant to section 6362 (relating to responsibilities of county agency for child protective services) upon a showing by the county that:
(1) It is participating in a demonstration project for or has become part of an approved combined intake system for public human service agencies as permitted by department regulations. Nothing in this paragraph is intended to permit noncounty government agencies to participate in the receipt and investigation of the reports.
(2) The goals and objectives of this chapter will continue to be met if a waiver is granted.
If the department grants a waiver under this subsection, the county agency and its agents shall be bound by all other provisions of this chapter, including requirements concerning the maintenance and disclosure of confidential information and records.
(b) Staff and organization.--
The county agency shall have a sufficient staff of sufficient qualifications to fulfill the purposes of this chapter and be organized in a way to maximize the continuity of responsibility, care and services of individual workers toward individual children and families. The department, by regulation, shall set forth staff-to-family ratios for the various activities required of the county agency under this chapter, including reports and investigations of suspected child abuse, risk assessment and the provision or monitoring of services to abused children and their families.
(c) Functions authorized.--
The county agency staff shall perform those functions assigned to it by this chapter and such other functions as would further the purposes of this chapter.
(Dec. 16, 1994, P.L.1292, No.151)
1994 Amendment.
Act 151 amended the entire section, effective July 1, 1996, as to subsec. (b) and July 1, 1995, as to the remainder of the section.
Cross References.
Section 6361 is referred to in sections 6362, 6364, 6375 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6362 - Responsibilities of county agency for child protective services

§ 6362. Responsibilities of county agency for child protective services.
(a) General rule.--
The county agency shall be the sole civil agency responsible for receiving and investigating all reports of child abuse made pursuant to this chapter, specifically including, but not limited to, reports of child abuse in facilities operated by the department and other public agencies, for the purpose of providing protective services to prevent further abuses to children and to provide or arrange for and monitor the provision of those services necessary to safeguard and ensure the well-being and development of the child and to preserve and stabilize family life wherever appropriate.
(b) Assumption of responsibility by department.--
When the suspected abuse has been committed by the county agency or any of its agents or employees, the department shall assume the role of the agency with regard to the investigation and directly refer the child for services.
(c) Action by agencies for abuse by agents or employees.--
Where suspected child abuse has occurred and an employee or agent of the department or the county agency or a private or public institution is a subject of the report, the department, agency or institution shall be informed of the investigation so that it may take appropriate action.
(d) Reliance on factual investigation.--
An agency charged by this section or section 6361 (relating to organization for child protective services) with investigating a report of child abuse may rely on a factual investigation of substantially the same allegations by a law enforcement agency to support the agency's finding. This reliance shall not, however, limit the duties imposed by section 6368(a) (relating to investigation of reports).
(e) Risk assessment.--
Each county agency shall implement a State-approved risk assessment process in performance of its duties under this subchapter.
(f) Weekly face-to-face contacts.--
For those children assessed as being at high risk for abuse or neglect who are remaining in or returning to the home in which the abuse or neglect occurred, the county agency shall ensure that those children are seen at least once a week, either directly by a county agency worker or through purchase of service, until they are no longer assessed as being at high risk for abuse or neglect.
(Dec. 16, 1994, P.L.1292, No.151; Nov. 24, 1999, P.L.542, No.50, eff. 60 days)
1999 Amendment.
Act 50 added subsec. (f).
1994 Amendment.
Act 151 amended the entire section, effective July 1, 1995, as to subsecs. (a), (b), (c) and (d). See section 10(1) of Act 151 in the appendix to this title for special provisions relating to the effective date of subsec. (e).
Cross References.
Section 6362 is referred to in sections 6361, 6364 of this title; section 6328 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6363 - County plan for protective services

§ 6363. County plan for protective services.
The county agency shall include provisions for protective services in its annual plan as required by the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.
(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995)
References in Text. The short title of the act of June 13, 1967, P.L.31, No.21, known as the Public Welfare Code, referred to in this section, was amended by the act of December 28, 2015, P.L.500, No.92. The amended short title is now the Human Services Code.
Cross References.
Section 6363 is referred to in section 6364 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6364 - Purchasing services of other agencies

§ 6364. Purchasing services of other agencies.
Any other provision of law notwithstanding but consistent with sections 6361 (relating to organization for child protective services) and 6362 (relating to responsibilities of county agency for child protective services), the county agency, based upon the plan of services as provided in section 6363 (relating to county plan for protective services), may purchase and utilize the services of any appropriate public or private agency.
(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6366 - Continuous availability to receive reports

§ 6366. Continuous availability to receive reports.
Each county agency shall receive 24 hours a day, seven days a week, all reports, both oral and written, of suspected child abuse in accordance with this chapter, the county plan for the provision of child protective services and the regulations of the department.
(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6367 - Reports to department and coroner

§ 6367. Reports to department and coroner.
(a) Reports to department.--
Upon the receipt of each report of suspected child abuse made pursuant to this chapter, the county agency shall immediately transmit a child abuse report summary as provided in section 6313 (relating to reporting procedure) to the department. Supplemental reports shall be made at regular intervals thereafter in a manner and form the department prescribes by regulation to the end that the department is kept fully informed and up-to-date concerning the status of reports of child abuse.
(b) Reports to coroner.--
The county agency shall give telephone notice and forward immediately a copy of reports made pursuant to this chapter which involve the death of a child to the appropriate coroner pursuant to section 6317 (relating to mandatory reporting and postmortem investigation of deaths).
(c) Child deaths and near fatalities.--
A county agency shall immediately provide information to the department regarding its involvement with the child and with the child's parent, guardian or custodian when a child dies or nearly dies and child abuse is suspected. The county agency shall inform the department of any history of child protective or general protective services provided to the child prior to the child's death or near fatality and of services provided to other children of the child's parent, guardian or custodian by the county agency or by court order. The county agency shall inform the department if the child was in the agency's custody at the time of the child's death or near fatality. The county agency shall provide this information in writing on forms provided by the department within 48 hours of the oral report.
(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; July 3, 2008, P.L.276, No.33, eff. 180 days)
2008 Amendment.
Act 33 added subsec. (c).
Cross References.
Section 6367 is referred to in section 6341 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6369 - Taking child into protective custody (Repealed)

§ 6369. Taking child into protective custody (Repealed).
2014 Repeal.
Section 6369 was repealed April 15, 2014, P.L.417, No.33, effective December 31, 2014.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6370 - Voluntary or court-ordered services; findings of child abuse

§ 6370. Voluntary or court-ordered services; findings of child abuse.
(a) General rule.--
Based on the investigation and evaluation conducted pursuant to this chapter, the county agency shall provide or contract with private or public agencies for the protection of the child at home whenever possible and those services necessary for adequate care of the child when placed in protective custody. Prior to offering these services to a family, the agency shall explain that it has no legal authority to compel the family to receive the services but may inform the family of the obligations and authority of the county agency to initiate appropriate court proceedings.
(b) Initiation of court proceeding.--
(1) In those cases in which an appropriate offer of service is refused and the county agency determines that the best interests of the child require court action, the county agency shall initiate the appropriate court proceeding. The county agency shall assist the court during all stages of the court proceeding in accordance with the purposes of this chapter.
(2) (i) If the county agency deems it appropriate in a dependency or delinquency proceeding, including an instance in which the alleged perpetrator has access or poses a threat to a child, the county agency may petition the court under 42 Pa.C.S. Ch. 63 (relating to juvenile matters) for a finding of child abuse.
(ii) If the court makes a specific finding that child abuse as defined by this chapter has not occurred, the county agency shall consider the court's finding to be a determination that the report of suspected abuse was an unfounded report. The county agency shall immediately notify the department of the change in the status of the report from an indicated report to an unfounded report. Upon notice, the department shall be responsible for expunging the indicated report consistent with the expunction requirements of this chapter.
(iii) If there is a determination that the subjects of the unfounded report need services provided or arranged by the county agency, the county agency may retain those records only if it specifically identifies the report as an unfounded report of suspected child abuse.
(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995)
Cross References.
Section 6370 is referred to in section 6340 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6371 - Rehabilitative services for child and family

§ 6371. Rehabilitative services for child and family.
The county agency shall provide or arrange for and monitor rehabilitative services for children and their families on a voluntary basis or under a final or intermediate order of the court.
(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6372 - Protecting well-being of children maintained outside home

§ 6372. Protecting well-being of children maintained outside home.
The county agency shall be as equally vigilant of the status, well-being and conditions under which a child is living and being maintained in a facility other than that of a parent, custodian or guardian from which the child has been removed as the service is of the conditions in the dwelling of the parent, custodian or guardian. Where the county agency finds that the placement for any temporary or permanent custody, care or treatment is for any reason inappropriate or harmful in any way to the physical or mental well-being of the child, it shall take immediate steps to remedy these conditions including petitioning the court.
(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6373 - General protective services responsibilities of county agency

§ 6373. General protective services responsibilities of county agency.
(a) Program objectives.--
Each county agency is responsible for administering a program of general protective services to children and youth that is consistent with the agency's objectives to:
(1) Keep children in their own homes, whenever possible.
(2) Prevent abuse, neglect and exploitation.
(3) Overcome problems that result in dependency.
(4) Provide temporary, substitute placement in a foster family home or residential child-care facility for a child in need of care.
(5) Reunite children and their families whenever possible when children are in temporary, substitute placement.
(6) Provide a permanent, legally assured family for a child in temporary, substitute care who cannot be returned to his own home.
(7) Provide services and care ordered by the court for children who have been adjudicated dependent.
(b) Efforts to prevent need for removal from home.--
In its effort to assist the child and the child's parents, pursuant to Federal regulations, the county agency will make reasonable efforts prior to the placement of a child in foster care to prevent or eliminate the need for removal of the child from his home and to make it possible for the child to return to home.
(c) Assistance in obtaining available benefits.--
The county agency shall aid the child and the family in obtaining benefits and services for which they may qualify under Federal, State and local programs.
(d) Duplication of services.--
Except where ordered by the court in a proceeding brought under 42 Pa.C.S. Ch. 63 (relating to juvenile matters), a county agency shall not be required to duplicate services which are the statutory responsibility of any other agency.
(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1997)
1994 Amendment.
Act 151 added section 6373.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6374 - Principles and goals of general protective services

§ 6374. Principles and goals of general protective services.
(a) Primary purpose.--
The primary purpose of general protective services is to protect the rights and welfare of children so that they have an opportunity for healthy growth and development.
(b) Assistance to parents.--
Implicit in the county agency's protection of children is assistance to parents in recognizing and remedying conditions harmful to their children and in fulfilling their parental duties more adequately.
(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1997)
1994 Amendment.
Act 151 added section 6374.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 63 - Child Protective Services › Section 6376 - Appeals with respect to general protective services

§ 6376. Appeals with respect to general protective services.
(a) Right to appeal.--
A custodial parent or person who has primary responsibility for the welfare of a child may appeal the county agency's decision to accept the family for services. Written notice of this right, along with an explanation of the agency's decision, shall be given to the family within seven days of the decision to accept for service. The department has no authority to modify an order of a court of common pleas.
(b) Receipt and grounds of appeal.--
Appeals must be received by the county agency within 45 days of the date when the notice was mailed to the custodial parent or person who has primary responsibility for the welfare of a child. Requests must be made on the grounds that the child is or is not at risk of abuse or neglect.
(c) Review and decision and request for hearing.--
The county agency shall review the request and issue a written decision within 45 days of receipt of the appeal. If the agency denies the request, the custodial parent or person who has primary responsibility for the welfare of a child may request a hearing before the department. The request must be made within 45 days of the date of the county agency's decision.
(d) Hearing.--
If a hearing is requested, the secretary or his designated agent shall schedule a hearing pursuant to Article IV of the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code, and applicable department regulations. The burden of proof in the hearing shall be on the county agency. The department shall assist the county agency as necessary.
(e) Order.--
The department is authorized and empowered to make any appropriate order regarding records to make them accurate or consistent with the requirements of this chapter.
(f) Other appeals.--
Action by a custodial parent or person who has primary responsibility for the welfare of a child under this section does not preclude his right to exercise other appeals available through department regulations or the courts.
(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1997)
1994 Amendment.
Act 151 added section 6376.
References in Text. The short title of the act of June 13, 1967, P.L.31, No.21, known as the Public Welfare Code, referred to in subsection (d), was amended by the act of December 28, 2015, P.L.500, No.92. The amended short title is now the Human Services Code.