reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › COUNTY RESPONSIBILITIES › Section 3490.55 - Investigation of reports of suspected child abuse

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as provided in subsection (b), the
						  county agency shall begin its investigation within 24 hours of receiving a
						  report of suspected child abuse. Upon beginning its investigation, the county
						  agency shall see the child within 24 hours of receipt of the report.
(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.
(2) It cannot
						  be determined from the report whether or not emergency protective custody is
						  needed.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › COUNTY RESPONSIBILITIES › Section 3490.56 - County agency investigation of suspected child abuse perpetrated by persons employed or supervised by child care services and residential facilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to
						  complying with other applicable sections of the CPSL and this chapter, when
						  investigating a report of suspected child abuse perpetrated by a person who
						  operates, is employed by or acting as a volunteer for a child care service,
						  including a child day care center, a group or family day care home or a
						  residential facility, the county agency, shall, within 24 hours of receipt of
						  the report, verbally notify the following of the content of the report:
(1) The person in charge of the facility or
						  child care service where the alleged child abuse occurred.
(2) The person in charge of the agency which
						  placed the child.
(3) The person in
						  charge of the county agency with custody or supervision of the child.
(4) The regional office of the Department
						  that is responsible to license, register or approve the child care service or
						  facility.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › COUNTY RESPONSIBILITIES › Section 3490.57 - Protective custody

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  county agency shall comply with the Juvenile Act, the CPSL and this chapter
						  when taking a child into custody. 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, at the informal
						  hearing, it is determined that protective custody shall be continued and the
						  child is alleged to be a dependent child under section 6302 of the Juvenile Act
						  (relating to definitions), the county agency shall within 48 hours of the
						  determination file a petition with the court under the Juvenile Act alleging
						  that the child is a dependent child.
(b) The county agency shall request
						  protective custody only if the immediate safety and well-being of the child
						  requires removal from the setting in which the alleged child abuse
						  occurred.
(c) A county agency
						  worker may take a child into protective custody only under a specific court
						  order naming the individual child. The county agency staff may not be deputized
						  or use blanket court orders to take children into protective custody.
(d) A child taken into protective custody may
						  be placed only in the following locations:
(1)
						  A hospital, if hospitalization is medically necessary in the opinion of the
						  attending physician.
(2) A home of
						  a relative of the child or other individual who has a significant relationship
						  with the child or the child's family. The home shall be approved by the county
						  agency for this purpose.
(3) A
						  foster family home approved by a licensed foster family care agency.
(4) A licensed residential child care
						  facility.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › COUNTY RESPONSIBILITIES › Section 3490.58 - Notifications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except for the
						  subject child, the county agency shall notify the subject who is about to be
						  interviewed of:
(1) The existence of the
						  report and the type of suspected abuse.
(2) The subject's rights under sections 6337
						  and 6338 of the Juvenile Act (relating to right to counsel; and other basic
						  rights) when a case goes to Juvenile Court. Those rights are:
(i) The right to counsel.
(ii) The right to introduce evidence and
						  cross examine witnesses.
(3) The perpetrator's rights regarding
						  amendment and expunction.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › COUNTY RESPONSIBILITIES › Section 3490.59 - Action by the county agency after determining the status of the report

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the report
						  is determined founded, indicated or unfounded and the family has been accepted
						  for service, the county agency shall develop and implement a family service
						  plan and conduct plan reviews under Chapter 3130 (relating to administration of
						  county children and youth social service programs).
(b) If the report is unfounded and not
						  accepted for services but the family is in need of services, other than those
						  provided by the county agency, the county agency shall advise the subjects of
						  the services available.
This section cited in 55 Pa. Code §
															3490.55 (relating to investigation
								of reports of suspected child
								abuse).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › COUNTY RESPONSIBILITIES › Section 3490.60 - Services available through the county agency

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to those services required in Chapter
							 3130 (relating to administration of county children and youth social service
							 programs) the county agency shall provide, arrange or otherwise make available
							 the following services for the prevention and treatment of child abuse:
(1) Emergency medical services which include
						  appropriate emergency medical care for examination, evaluation and treatment of
						  children suspected of being abused.
(2) Self-help groups to encourage
						  self-treatment of present and potential abusers.
(3) Multidisciplinary teams composed of
						  professionals from a variety of disciplines who are consultants to the county
						  agency in its case management responsibilities as required by Chapter 3130 who
						  perform one of the following functions:
(i)
						  Pool their knowledge and skills to assist the county agency in diagnosing child
						  abuse.
(ii) Provide or recommend
						  comprehensive coordinated treatment.
(iii) Periodically assess the relevance of
						  the treatment and the progress of the family.
(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.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › COUNTY RESPONSIBILITIES › Section 3490.61 - Supervisory review and child contacts

Current through Register Vol. 54, No. 28, July 13, 2024
(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. The supervisor shall
						  maintain a log of these reviews which at a minimum shall include an entry at
						  10-calendar day intervals during the investigation period.
(b) When a case has been accepted for service
						  and a family service plan has been developed under Chapter 3130 (relating to
						  the administration of county children and youth social service programs), the
						  county agency supervisor shall, within 10-calendar days of the completion of
						  the family service plan, review the plan to assure that the level of activity,
						  in person contacts with the child, oversight, supervision and services for the
						  child and family contained in the plan, are consistent with the level of risk
						  determined by the county agency for the case. Documentation of this review
						  shall be in the case record.
(c)
						  When a case has been accepted for service, the county agency shall monitor the
						  safety of the child and assure that contacts are made with the child, parents
						  and service providers. The contacts may occur either directly by a county
						  agency worker or through purchase of service, by phone or in person but
						  face-to-face contacts with the parent and the child must occur as often as
						  necessary for the protection of the child but no less often than:
(1) Once a week until the case is no longer
						  designated as high risk by the county agency, if the child remains in or
						  returns to the home in which the abuse occurred and the county agency has
						  determined a high level of risk exists for the case.
(2) Once a month for 6 months or case closure
						  when the child is either:
(i) Placed out of
						  the home or setting in which the abuse occurred.
(ii) Not at a high risk of abuse or
						  neglect.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › COUNTY RESPONSIBILITIES › Section 3490.62 - Repeated child abuse

Current through Register Vol. 54, No. 28, July 13, 2024
If the child is a victim of one substantiated
							 incident of child abuse and the county agency receives a subsequent report of
							 suspected child abuse, the county agency administrator or supervisor shall
							 arrange for a review by the multidisciplinary team as required by §
													3490.60 (relating to services
							 available through the county agency). 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. The county agency shall modify the family service plan, if necessary and
							 appropriate, to reflect the recommendations of the multidisciplinary team and
							 implement action necessary to fulfill the recommendations.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › COUNTY RESPONSIBILITIES › Section 3490.63 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › COUNTY RESPONSIBILITIES › Section 3490.64 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › COUNTY RESPONSIBILITIES › Section 3490.65 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › COUNTY RESPONSIBILITIES › Section 3490.66 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › COUNTY RESPONSIBILITIES › Section 3490.67 - Written reports to ChildLine

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The county agency shall send the Child
						  Protective Service Investigation Report form (CY-48) to ChildLine within
						  30-calendar days of the receipt of the report of suspected child
						  abuse.
(b) To avoid expunction of a
						  case as required by §
													3490.69 (relating to reports not
						  received within 60-calendar days) when a status determination cannot be made
						  and the county agency has petitioned the juvenile court, an arrest has been
						  made or there is criminal court action pending, the county agency shall send a
						  copy of the CY-48 to ChildLine with one of the following status determinations:
(1) Pending juvenile court action.
(2) Pending criminal court action.
(3) Indicated, when there is substantial
						  evidence that the child was abused.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › COUNTY RESPONSIBILITIES › Section 3490.68 - Retention of information on unfounded reports

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When a county agency determines that a
						  report of suspected child abuse is unfounded but accepts the family for
						  services, the agency shall maintain the records under Chapter 3130 (relating to
						  administration of county children and youth social service programs).
(b) If the county agency has determined that
						  a report is unfounded, the status of the report may not be changed subsequently
						  to founded or indicated. If additional information surrounding the incident
						  becomes available, the county agency shall file a new report with
						  ChildLine.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › COUNTY RESPONSIBILITIES › Section 3490.69 - Reports not received within 60-calendar days

Current through Register Vol. 54, No. 28, July 13, 2024
When the CY-48 form is not filed with ChildLine
							 within 60-calendar days of receipt of the report by ChildLine, the report shall
							 be unfounded.
This section cited in 55 Pa. Code §
															3490.67 (relating to written
								reports to ChildLine).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › COUNTY RESPONSIBILITIES › Section 3490.70 - Expunction and amendment of report by the county agency

Current through Register Vol. 54, No. 28, July 13, 2024
The county agency shall amend or expunge a record of
							 child abuse upon notification from ChildLine. The county agency shall expunge
							 all information in its possession in unfounded, founded and indicated reports
							 of child abuse upon notification from ChildLine. The county agency shall notify
							 those to whom it gave information to take similar action.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › COUNTY RESPONSIBILITIES › Section 3490.71 - Guardian ad litem and court designated advocate

Current through Register Vol. 54, No. 28, July 13, 2024
The county agency shall cooperate with and provide
							 information to a guardian ad litem appointed under section 6382 of the CPSL
							 (relating to guardian ad litem for child in court proceedings) and the court
							 designated advocate. When appropriate, because of the age or mental and
							 emotional condition of the child, the guardian ad litem in addition to
							 representing the best interests of the child shall also determine the wishes of
							 the child concerning the proceedings and shall communicate this information to
							 the court.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › COUNTY RESPONSIBILITIES › Section 3490.72 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › COUNTY RESPONSIBILITIES › Section 3490.73 - Petitioning the court

Current through Register Vol. 54, No. 28, July 13, 2024
The county agency shall petition the court if one of
							 the following applies:
(1) Placement
						  or continued placement of a child is necessary.
(2) A subject of the report of suspected
						  child abuse refuses to cooperate with the county agency in an investigation,
						  and the county agency is unable to determine whether the child is at
						  risk.
(3) The parents refuse
						  services, and the county agency determines that services are in the best
						  interests of the child.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › CHILD ABUSE BY AGENTS OF THE COUNTY AGENCY › Section 3490.81 - Responsibilities of the Department and the county agency

Current through Register Vol. 54, No. 28, July 13, 2024
(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. The regional staff may not do any of the following:
(1) Take protective custody.
(2) Petition the court.
(3) Provide services.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › CONFIDENTIALITY › Section 3490.92 - Requests by and referrals to law enforcement officials

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
(2) Requests shall indicate that the child
						  abuse information is needed by the law enforcement official in the course of
						  investigating a case of the following:
(i)
						  Homicide, sexual abuse or exploitation, or serious bodily injury, perpetrated
						  by persons whether or not related to the victim.
(ii) Child abuse perpetrated by persons who
						  are not family members.
(iii)
						  Repeated physical injury to a child under circumstances that indicate that a
						  child's health or welfare is harmed or threatened.
(iv) A missing child report.
(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.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › CONFIDENTIALITY › Section 3490.93 - Requests by designated county officials

Current through Register Vol. 54, No. 28, July 13, 2024
Requests for child abuse information by designated
							 county officials under §
													3490.91(a)(11)
							 (relating to persons to whom child abuse information shall be made available)
							 shall be made under the following requirements:
(1) Requests shall be made in writing and
						  addressed to the county administrator.
(2) Requests shall be signed by:
(i) A majority of the county
						  commissioners.
(ii) The mayor of a
						  city of the first class.
(iii) The
						  county chief executive.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › CONFIDENTIALITY › Section 3490.94 - Release of the identity of a person who made a report of child abuse or cooperated in a subsequent investigation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except for the release of the identity of
						  the persons who made a report of suspected child abuse or cooperated in the
						  investigation under §
													3490.91(a)(9) and (10)
						   and
						  3490.92(a)(3)
						  (relating to persons to whom child abuse information shall be made available;
						  and requests by and referrals to law enforcement officials), the release of
						  data that would identify the person who made a report of suspected child abuse
						  or person who cooperated in a subsequent investigation is prohibited, unless
						  the Secretary finds that the release will not be detrimental to the safety of
						  the person.
(b) Prior to releasing
						  information under subsection (a) to anyone other than a law enforcement
						  official under subsection (a), the Secretary will notify the person whose
						  identity would be released that the person has 30-calendar days to advise the
						  Secretary why this anticipated release would be detrimental to the person's
						  safety.
This section cited in 55 Pa. Code §
															3490.104 (relating to release of
								information to a subject of a report); 55 Pa. Code §
															3490.193 (relating to other
								provisions); and 55 Pa. Code §
															3800.20 (relating to
								confidentiality of records).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › CONFIDENTIALITY › Section 3490.95 - Release of information to required reporters

Current through Register Vol. 54, No. 28, July 13, 2024
The release of information by the county agency to
							 required reporters under §
													3490.91(a)(15)
							 (relating to persons to whom child abuse information shall be made available)
							 is subject to the following:
(1) The
						  information released by the county agency shall concern the same child who was
						  the subject of the report made by the required reporter.
(2) The required reporter shall request the
						  information, either verbally or in writing.
(3) Before releasing the allowable
						  information, the county agency shall verify the identity of the required
						  reporter in one of the following ways:
(i) The
						  county agency shall be able to recognize the voice of the required reporter
						  when the request is made verbally by telephone.
(ii) If the county agency is not familiar
						  with the required reporter and does not recognize the reporter's voice the
						  county agency may verify the request of the required reporter by returning the
						  telephone call to the reporter's place of employment.
(iii) If the county agency is unable to
						  verify a telephone request for information from a required reporter under
						  subparagraphs (i) and (ii), the county agency shall obtain a written request
						  for information from the required reporter.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › GENERAL REQUIREMENTS FOR CHILD PROTECTIVE SERVICES › Section 3490.101 - Sanctions

Current through Register Vol. 54, No. 28, July 13, 2024
A staff member of the Department or county agency who
							 willfully violates the CPSL and this chapter is subject to disciplinary action,
							 including dismissal.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › GENERAL REQUIREMENTS FOR CHILD PROTECTIVE SERVICES › Section 3490.102 - Criminal liability for breach of confidentiality

Current through Register Vol. 54, No. 28, July 13, 2024
A person who willfully releases or permits the
							 release of data or information contained in the pending complaint file, the
							 Statewide Central Register or the county agency records, to persons or agencies
							 not permitted by this chapter to receive this information shall be guilty of a
							 misdemeanor of the third degree. In addition, the person shall be denied access
							 in the future to information that the person would otherwise be entitled to
							 receive under the CPSL and this chapter.
This section cited in 55 Pa. Code §
															3490.93 (relating to requests by
								designated county officials); and 55 Pa. Code § 3490.126 (relating to
								sanctions).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › GENERAL REQUIREMENTS FOR CHILD PROTECTIVE SERVICES › Section 3490.103 - Nonabuse reports received by the county agency or other public agency from ChildLine

Current through Register Vol. 54, No. 28, July 13, 2024
Public agencies, including county agencies, shall
							 evaluate those referrals from ChildLine made under section 6334 of the CPSL
							 (relating to disposition of complaints received) which have not been identified
							 as reports of suspected child abuse. If, after the evaluation, the agency has
							 reason to suspect that child abuse occurred, the agency shall make a report of
							 suspected abuse to ChildLine.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › GENERAL REQUIREMENTS FOR CHILD PROTECTIVE SERVICES › Section 3490.104 - Release of information to a subject of a report

Current through Register Vol. 54, No. 28, July 13, 2024
(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. The identity of the person
						  who made the report or a person who cooperated in a subsequent investigation
						  may be released only under §
													3490.94 (relating to release of
						  the identity of a person who made a report of child abuse or cooperated in a
						  subsequent investigation).
(b) Upon
						  written request, a defendant in a criminal proceeding is entitled to the child
						  abuse information in the possession of a county agency in accordance with
						  applicable law. The information is limited to the county agency record from the
						  date the report was made to the date the county agency determined the status of
						  the report. The county agency shall send the requested information to the
						  defendant and the district attorney. The information that is released to the
						  defendant and the district attorney may not contain the identity of the persons
						  who made the report or cooperated in the investigation.
This section cited in 55 Pa. Code §
															3490.193 (relating to other
								provisions).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › GENERAL REQUIREMENTS FOR CHILD PROTECTIVE SERVICES › Section 3490.105 - 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

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
(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. The Secretary will notify subjects of the report and
						  the appropriate county agency of the decision by first-class mail.
This section cited in 55 Pa. Code §
															3490.91 (relating to persons to
								whom child abuse information shall be made available); and 55 Pa. Code §
															3490.106 (relating to hearings and
								appeals proceedings for reports received by ChildLine prior to July 1,
								1995).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › GENERAL REQUIREMENTS FOR CHILD PROTECTIVE SERVICES › Section 3490.105a - Request by a perpetrator to amend or expunge an indicated report of child abuse received by ChildLine after June 30, 1995

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A perpetrator of an indicated report of
						  child abuse may request the Secretary to amend or expunge the report on the
						  grounds that it is inaccurate or is being maintained in a manner inconsistent
						  with the CPSL and this chapter. The request shall be in writing and postmarked
						  within 45-calendar days of the mailing date of the letter from ChildLine under
						  §§
													3490.40 and
						  3490.40a (relating to
						  notifications regarding indicated reports; and notifications regarding founded
						  reports).
(b) The Secretary will
						  decide within 30-calendar days whether or not to grant the request. The
						  Secretary will notify the perpetrator, the county agency and other subjects in
						  writing as follows:
(1) Except the subject
						  child, all other subjects of the report when the decision is to grant the
						  request.
(2) Only the perpetrator
						  when the decision is to deny the request.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › GENERAL REQUIREMENTS FOR CHILD PROTECTIVE SERVICES › Section 3490.106 - Hearings and appeals proceedings for reports received by ChildLine prior to July 1, 1995

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A subject of
						  the report and the appropriate county agency have the right to appeal the
						  Secretary's decision to grant or deny a subject's request to amend or expunge
						  an indicated or founded report by filing an appeal with the
						  Secretary.
(b) Appeals shall be in
						  writing to the Secretary and be postmarked within 45-calendar days from the
						  date of the Secretary's notification letter to either grant or deny the
						  request.
(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 Department's
						  Bureau of Hearings and Appeals.
(d)
						  Except as provided in subsection (e), hearings will be conducted under
						  2
						  Pa.C.S. §§
														501-508 and
						  701-704 (relating to the
						  Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of
						  Administrative Practice and Procedures).
(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).
(f) The burden of proof in hearings held
						  under this section is on the appropriate county agency.
(g) A court finding of fact of child abuse is
						  presumptive evidence that the report was substantiated.
(h) Parties to a hearing held under this
						  section have 30-calendar days from the date of the final order of the Bureau of
						  Hearings and Appeals to request the Secretary to reconsider the decision or
						  appeal the final order to the Commonwealth Court.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › GENERAL REQUIREMENTS FOR CHILD PROTECTIVE SERVICES › Section 3490.106a - Hearings and appeals proceedings for indicated reports received by ChildLine after June 30, 1995

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  perpetrator may appeal the Secretary's decision to deny the request to expunge
						  an indicated report by filing an appeal with the Secretary.
(b) The other subjects of the report and the
						  county agency may appeal the Secretary's decision to grant the request to
						  expunge the report.
(c) The request
						  shall be made to the Secretary and postmarked within 45-calendar days of the
						  date of the notification letter from the Secretary to either grant or deny the
						  request to expunge the report.
(d)
						  If an appeal is taken, there is a hearing before the Department's Bureau of
						  Hearings and Appeals.
(e) Except as
						  provided in subsection (f), hearings will be conducted under
						  2
						  Pa.C.S. §§
														501-508 and
						  701-704 (relating to the
						  Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of
						  Administrative Practice and Procedure).
(f) 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).
(g) The burden of proof in hearings held
						  under this section is on the appropriate county agency.
(h) Parties to a hearing held under this
						  section have 15-calendar days from the mailing date of the final order of the
						  Bureau of Hearings and Appeals to request the Secretary to reconsider the
						  decision or 30-calendar days to appeal the final order to the Commonwealth
						  Court.
(i) An administrative appeal
						  proceeding will be automatically stayed upon notice to the Department by any
						  subject or the county agency that there is a pending criminal proceeding or a
						  dependency or delinquency proceeding under the Juvenile Act including an appeal
						  thereof, involving the same factual circumstances.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › GENERAL REQUIREMENTS FOR CHILD PROTECTIVE SERVICES › Section 3490.107 - Notification of Secretary's decision to amend or expunge a report of child abuse

Current through Register Vol. 54, No. 28, July 13, 2024
The Secretary, after ordering a record to be amended
							 or expunged, shall advise ChildLine of the decision.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › GENERAL REQUIREMENTS FOR CHILD PROTECTIVE SERVICES › Section 3490.108 - Cooperation of county agencies and law enforcement agencies

Current through Register Vol. 54, No. 28, July 13, 2024
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.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › GENERAL REQUIREMENTS FOR CHILD PROTECTIVE SERVICES › Section 3490.109 - Report from law enforcement agencies

Current through Register Vol. 54, No. 28, July 13, 2024
The law enforcement agency shall, as soon as possible
							 and without jeopardizing the criminal investigation or prosecution, advise the
							 county agency as to whether a criminal investigation has been undertaken and
							 the results of the investigation and of any criminal prosecution in cases of
							 suspected child abuse. The county agency shall ensure that the information is
							 referred to ChildLine in a timely manner.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › VERIFICATION OF THE EXISTENCE OF CHILD ABUSE AND STUDENT ABUSE RECORDS FOR CHILD CARE SERVICES › Section 3490.123 - Responsibilities of prospective adoptive parents, prospective foster parents, foster family care agencies and adoption investigators

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A prospective adoptive parent or a
						  prospective foster parent shall submit a request for verification on forms
						  provided by the Department. 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.
(b) In the course of causing an investigation
						  to be made under
						  23 Pa.C.S. §
														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).
(c) In the course of approving a prospective
						  foster parent, a foster family care agency shall require a prospective foster
						  parent to submit the information in section 6344 of the CPSL for review by the
						  foster family care agency under subsection (d).
(d) A prospective adoptive parent or
						  prospective foster parent may not be approved by a foster family care agency,
						  an adoption agency, or a person designated by the court under
						  23 Pa.C.S. §
														2535(a) when any of the
						  following circumstances exist:
(1) The parent
						  has been named as a perpetrator of a founded report of child abuse committed
						  within 5 years or less prior to the request for verification.
(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.
(3)
						  The report of criminal history record information or the report of child abuse
						  record information was obtained more than 1 year prior to the date of
						  application to the agency for approval or 1 year prior to the date of
						  commencement of the investigation under
						  23 Pa.C.S. §
															2535(a).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › VERIFICATION OF THE EXISTENCE OF CHILD ABUSE AND STUDENT ABUSE RECORDS FOR CHILD CARE SERVICES › Section 3490.124 - Departmental procedures for replying to a request for verification

Current through Register Vol. 54, No. 28, July 13, 2024
(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. Prospective workfare participants are exempt from
						  payment of the fee. Others will be returned with instruction for resubmitting
						  the request.
(b) The Department
						  will advise the person seeking verification in writing whether or not he is
						  named as a perpetrator of an indicated or founded report of child abuse or a
						  school employe responsible for student abuse named in the Statewide Central
						  Register. 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:
(1) The number of indicated or founded
						  reports of child abuse and student abuse in which the person is
						  named.
(2) The date of the
						  incidents of indicated or founded reports of child abuse and student abuse in
						  which the person is named.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart D - Nonresidential Agencies, Facilities and Services › Article III - County-Administered Services › Chapter 3490 - PROTECTIVE SERVICES › Subchapter A - CHILD PROTECTIVE SERVICES › VERIFICATION OF THE EXISTENCE OF CHILD ABUSE AND STUDENT ABUSE RECORDS FOR CHILD CARE SERVICES › Section 3490.125 - Voluntary certification of child caretakers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A child caretaker may request
						  certification from the Department that the requirements of section 6344 of the
						  CPSL (relating to information relating to prospective child-care personnel)
						  have been met.
(b) A child
						  caretaker requesting voluntary certification who is a resident of this
						  Commonwealth shall obtain a report of criminal history from the Pennsylvania
						  State Police and submit it to the Department with the request for verification
						  on forms provided by the Department.
(c) A child caretaker requesting voluntary
						  certification who is not a resident of this Commonwealth shall secure a report
						  of criminal history from the Federal Bureau of Investigation under procedures
						  established by the Department on properly prepared forms provided by
						  ChildLine.
(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) 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).