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 › VERIFICATION OF THE EXISTENCE OF CHILD ABUSE AND STUDENT ABUSE RECORDS FOR CHILD CARE SERVICES › Section 3490.126 - Sanctions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  administrator, or other person responsible for employment decisions in a child
						  care facility or program who willfully fails to comply with section 6344 of the
						  CPSL (relating to information relating to prospective child-care personnel) is
						  subject to civil penalty not to exceed $2,500.
(b) Information received by a legal entity,
						  an administrator, the Department or the Department of Health under §
													3490.124 (relating to Departmental
						  procedures for replying to a request for verification) is confidential and the
						  legal entity, administrator, the Department and the Department of Health are
						  subject to §
													3490.102 (relating to criminal
						  liability for breach of confidentiality).
This section cited in 55 Pa. Code §
															3490.121 (relating to
								definitions).
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 3490.127 - Information relating to prospective child care personnel

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The administrator of a child care service
						  may employ applicants on a provisional basis for a single period of employment
						  pending the receipt of the required clearances in accordance with section 6344
						  of the CPSL (relating to information relating to prospective child-care
						  personnel).
(b) The maximum period
						  of employment allowed for a provisional employe is as follows:
(1) Thirty calendar days for an applicant
						  residing in this Commonwealth.
(2)
						  Ninety calendar days for an out-of-State applicant.
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 SCHOOL EMPLOYES › Section 3490.132 - Responsibilities of an administrator

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An administrator shall require each
						  applicant to submit a clearance statement obtained from the Department within
						  the immediately preceding year as to whether the applicant is named as the
						  perpetrator of an indicated or founded report of child abuse or the individual
						  responsible for an indicated or founded report of student abuse.
(b) The clearance statement under subsection
						  (a) is not required for an applicant who meets the following conditions:
(1) Transfers from one position as a school
						  employe to another position as a school employe of the same school district or
						  of the same organization.
(2) Has,
						  prior to the transfer, already obtained the official clearance statement under
						  subsection (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 SCHOOL EMPLOYES › Section 3490.133 - Responsibilities of an applicant

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  applicant shall submit a request for a clearance statement to the Department on
						  the form provided by the Department. The request shall include a check or money
						  order payable to the Department of Human Services in the amount specified on
						  the application. The fee may not exceed $10.
(b) To obtain a form for the clearance
						  statement, an applicant may call the ChildLine verification unit at (717)
						  783-6211 and request a Pennsylvania Child Abuse History Clearance
						  Form.
(c) An applicant shall show
						  the original clearance statement to the administrator and permit a copy to be
						  made.
This section cited in 55 Pa. Code §
															3490.131 (relating to
								definitions).
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 SCHOOL EMPLOYES › Section 3490.134 - Information relating to prospective school employes

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Section
						  3490.132 (relating to
						  responsibilities of an administrator) does not apply to a person working in a
						  school who meets the following conditions:
(1)
						  Is under 21 years of age.
(2) Is
						  participating in a job development or job training program.
(3) Is employed for not more than 90-calendar
						  days.
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 SCHOOL EMPLOYES › Section 3490.135 - Responsibilities of the Department

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Requests for clearance statements
						  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. The Department will return the forms that are not
						  completed properly with instructions for resubmitting the request.
(b) The Department will advise the person
						  seeking a clearance statement 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 SCHOOL EMPLOYES › Section 3490.136 - Sanctions

Current through Register Vol. 54, No. 28, July 13, 2024
An administrator who willfully violates section 6355
							 of the CPSL (relating to requirement) shall be subject to an administrative
							 penalty of $2,500. An action under section 6355 of the CPSL is governed by
							 2
							 Pa.C.S. §§
														501-508 and
							 701-704 (relating to
							 Administrative Agency law).
This section cited in 55 Pa. Code §
															3490.131 (relating to
								definitions).
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 B - ABUSE OF STUDENTS IN SCHOOL › INTRODUCTION › Section 3490.141 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter applies to the Department, county
							 agencies, law enforcement officials and schools.
This section cited in 55 Pa. Code §
															3490.143 (relating to
								definitions).
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 B - ABUSE OF STUDENTS IN SCHOOL › INTRODUCTION › Section 3490.142 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this subchapter is to implement the
							 provisions of the CPSL relating to student abuse.
This section cited in 55 Pa. Code §
															3490.143 (relating to
								definitions).
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 B - ABUSE OF STUDENTS IN SCHOOL › SCHOOL RESPONSIBILITIES › Section 3490.151 - Required reporting

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  school employe who has reasonable cause to suspect, on the basis of
						  professional or other training and experience, that a student coming before the
						  school employe in the employe's professional or official capacity is a victim
						  of serious bodily injury or sexual abuse or exploitation by another school
						  employe, shall immediately notify the administrator of the alleged abuse or
						  injury.
(b) When a school employe
						  learns of suspected student abuse from another person, the school employe shall
						  notify the administrator of the alleged student abuse if the school employe has
						  reasonable cause to suspect, on the basis of professional or other training and
						  experience, that the student is a victim of serious bodily injury or sexual
						  abuse or exploitation by a school employe.
(c) If an administrator learns of suspected
						  student abuse from another person, the administrator shall make a report of
						  suspected student abuse as required by this subchapter.
This section cited in 55 Pa. Code §
															3490.11 (relating to reporting
								suspected child abuse); and 55 Pa. Code §
															3490.143 (relating to
								definitions).
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 B - ABUSE OF STUDENTS IN SCHOOL › SCHOOL RESPONSIBILITIES › Section 3490.152 - Responsibilities of administrators and school employes

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An administrator, and in certain cases a
						  school employe, as stated in subsection (b), shall report immediately to law
						  enforcement officials and the appropriate district attorney a report of abuse
						  or injury alleged to have been committed by a school employe against a student.
						  If an administrator is the school employe who suspects injury or abuse, the
						  administrator shall make a report to law enforcement officials and the
						  appropriate district attorney.
(b)
						  If the administrator is the employe suspected of abusing the student, the
						  school employe who suspects the abuse shall immediately report that information
						  to law enforcement officials and the appropriate district attorney.
(c) The verbal report shall be followed up
						  with a written report on a form provided by the Department. Call (717) 783-1964
						  to obtain a copy of the form-Report of Suspected Student Abuse (CY
						  47-D).
This section cited in 55 Pa. Code §
															3490.11 (relating to reporting
								suspected child abuse); and 55 Pa. Code §
															3490.143 (relating to
								definitions).
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 B - ABUSE OF STUDENTS IN SCHOOL › SCHOOL RESPONSIBILITIES › Section 3490.153 - Information provided to the district attorney and law enforcement officials

Current through Register Vol. 54, No. 28, July 13, 2024
The school official shall provide the following
							 information to the district attorney and law enforcement officials on a form
							 provided by the Department:
(1) The
						  name, age and home address of the student.
(2) The name and address of the
						  school.
(3) The name and address of
						  the student's parents or guardians.
(4) The name and address of the administrator
						  or school employe who made the report.
(5) The name, work and home address of the
						  school employe suspected of abusing the student.
(6) The nature of the alleged
						  offense.
(7) Specific comments or
						  observations that are directly related to the alleged incident and the
						  individuals involved.
This section cited in 55 Pa. Code §
															3490.143 (relating to
								definitions).
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 B - ABUSE OF STUDENTS IN SCHOOL › SCHOOL RESPONSIBILITIES › Section 3490.154 - Release of information by a school employe including an administrator

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Information in
						  a student abuse report is confidential and may only be released by a school
						  employe who made a report of suspected student abuse to:
(1) The administrator.
(2) A law enforcement official in the course
						  of investigating the allegation of suspected student 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 B - ABUSE OF STUDENTS IN SCHOOL › LAW ENFORCEMENT RESPONSIBILITIES › Section 3490.161 - Responsibilities of law enforcement officials

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Law enforcement officials, in cooperation
						  with the district attorney, shall accept the report of suspected student abuse
						  for investigation and determine what criminal charges, if any, will be filed
						  against the school employe.
(b) Law
						  enforcement officials shall notify the county agency in the county where the
						  alleged student abuse occurred when law enforcement officials have reasonable
						  cause to suspect, on the basis of their initial review, that there is evidence
						  of suspected student abuse.
This section cited in 55 Pa. Code §
															3490.143 (relating to
								definitions).
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 B - ABUSE OF STUDENTS IN SCHOOL › COUNTY RESPONSIBILITIES › Section 3490.171 - Receipt and investigation of reports of suspected student abuse

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The county
						  agency is the sole civil agency responsible for investigating reports of
						  suspected student abuse. The investigation shall be conducted by a protective
						  service worker.
(b) When a county
						  agency receives a report of suspected student abuse, it shall immediately
						  notify ChildLine of the receipt of the report and begin an investigation as
						  soon as possible. The oral report shall include the following information:
(1) The name and address of the student and
						  the student's parent or guardian.
(2) Where the suspected abuse or injury
						  occurred.
(3) The age and sex of
						  the student.
(4) The nature and
						  extent of the suspected abuse or injury.
(5) The name and home address of the school
						  employe alleged to have committed the abuse or injury.
(6) The relationship of the student to the
						  school employe alleged to have committed the abuse or injury.
(7) The source of the report to the county
						  agency.
(8) The actions taken by
						  the county agency, law enforcement officials, parents, guardians, school
						  officials or other persons, including the taking of photographs, medical tests
						  and X-rays.
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 B - ABUSE OF STUDENTS IN SCHOOL › COUNTY RESPONSIBILITIES › Section 3490.172 - Coordination of an investigation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The county agency and law enforcement
						  officials shall coordinate their investigations to the fullest extent possible.
						  Interviews with the student shall be conducted jointly. However, law
						  enforcement officials may interview the school employe prior to the county
						  agency contacting the employe.
(b)
						  The joint interview with the student may be waived on an individual
						  case-by-case basis if both the county agency and law enforcement official agree
						  that it is in the best interest of the student.
(c) The county agency and law enforcement
						  officials shall keep each other informed of their respective
						  investigations.
(d) The county
						  agency and law enforcement officials shall avoid taking or arranging to have
						  taken duplicate photographs, medical tests or X-rays of a student, whenever
						  possible.
(e) The county agency may
						  rely on a factual investigation of substantially the same allegation by a law
						  enforcement official to support the agency's finding. This reliance does not
						  relieve the county agency from conducting its own investigation.
This section cited in 55 Pa. Code §
															3490.143 (relating to
								definitions).
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 B - ABUSE OF STUDENTS IN SCHOOL › COUNTY RESPONSIBILITIES › Section 3490.173 - Notifications by the county agency

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior to the initial interview with a
						  subject of a report of student abuse, the county agency shall verbally notify
						  the subject of the existence of the report, the allegations of student abuse
						  and the school employe's rights regarding amendment and expunction.
(b) Within 72 hours of the initial interview,
						  the county agency shall notify the subject in writing of the following:
(1) The existence of the report.
(2) The allegations of student
						  abuse.
(3) The school employe's
						  rights regarding amendment and expunction.
(4) The right to obtain a copy of the report
						  from ChildLine or the county agency.
(5) The fact that unfounded reports are
						  expunged within 120-calendar days of receipt of the report by
						  ChildLine.
(6) The effect that a
						  founded or indicated report of child abuse or student abuse has on a school
						  employe responsible for student abuse seeking employment in a child care
						  service or as a school employe.
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 B - ABUSE OF STUDENTS IN SCHOOL › COUNTY RESPONSIBILITIES › Section 3490.174 - Services for students

Current through Register Vol. 54, No. 28, July 13, 2024
The county agency shall assist the student who was
							 abused and the student's parents in locating services for the student, if
							 necessary.
This section cited in 55 Pa. Code §
															3490.143 (relating to
								definitions).
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 B - ABUSE OF STUDENTS IN SCHOOL › COUNTY RESPONSIBILITIES › Section 3490.175 - Expunction and amendment of reports of student abuse by the county agency

Current through Register Vol. 54, No. 28, July 13, 2024
The county agency shall amend a record of student
							 abuse upon notification from ChildLine. The county agency shall expunge all
							 information in its possession in unfounded, indicated and founded reports of
							 student abuse upon notification from ChildLine.
This section cited in 55 Pa. Code §
															3490.143 (relating to
								definitions).
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 B - ABUSE OF STUDENTS IN SCHOOL › DEPARTMENT RESPONSIBILITIES › Section 3490.181 - Agents of the county agency

Current through Register Vol. 54, No. 28, July 13, 2024
The regional staff of the Department shall
							 investigate reports of suspected student abuse when the person alleged to have
							 abused the student is an agent of the county agency.
This section cited in 55 Pa. Code §
															3490.143 (relating to
								definitions).
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 B - ABUSE OF STUDENTS IN SCHOOL › DEPARTMENT RESPONSIBILITIES › Section 3490.182 - ChildLine files

Current through Register Vol. 54, No. 28, July 13, 2024
ChildLine will establish three files for reports of
							 student abuse as follows:
(1) The
						  pending complaint file for reports under investigation which shall contain the
						  following information:
(i) The name and
						  address of the student and the student's parents or guardians.
(ii) Where the suspected abuse or injury
						  occurred.
(iii) The age and sex of
						  the student.
(iv) The nature and
						  extent of the suspected student abuse or injury.
(v) The name and home address of the school
						  employe alleged to have committed the abuse or injury.
(vi) The relationship of the school employe
						  alleged to have committed the abuse to the student who was allegedly abused by
						  the school employe.
(vii) The
						  source of the report (the name of the law enforcement official) to the county
						  agency.
(viii) The actions taken by
						  the county agency, law enforcement officials, parents, guardians, school
						  officials or other persons, including the taking of photographs, medical tests
						  and X-rays.
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 B - ABUSE OF STUDENTS IN SCHOOL › GENERAL REQUIREMENTS FOR STUDENT ABUSE › Section 3490.191 - Request by a school employe to amend or expunge an indicated report of student abuse

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The school
						  employe responsible for the student abuse may request the Secretary to amend or
						  expunge an indicated report for a school employe on the grounds that it is
						  inaccurate or it is being maintained in a manner inconsistent with this
						  chapter. The written request shall be postmarked within 45-calendar days of the
						  mailing date of the letter from the Statewide Central Register notifying the
						  employe of the indicated status.
(b) The Secretary will decide whether to
						  grant or deny a request made under subsection (a) within 30-calendar days from
						  the date the request is received. The Secretary will notify all subjects of the
						  report and the appropriate county agency of the decision by first-class
						  mail.
This section cited in 55 Pa. Code §
															3490.143 (relating to
								definitions).
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 B - ABUSE OF STUDENTS IN SCHOOL › GENERAL REQUIREMENTS FOR STUDENT ABUSE › Section 3490.192 - Request for a hearing by a school employe for indicated reports of student abuse

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The school
						  employe responsible for the student abuse has the right to appeal the
						  Secretary's decision to deny the request to amend or expunge an indicated
						  report by filing an appeal with the Secretary.
(b) Any other subject of a report and the
						  county agency have the right to appeal the Secretary's decision to grant the
						  request.
(c) Appeals shall be in
						  writing to the Secretary's designee, the Bureau of Hearings and Appeals, and be
						  postmarked within 45-calendar days from the mailing date of the Secretary's
						  notification letter.
(d) If an
						  appeal is filed, a hearing shall be held 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 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) Any 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.
This section cited in 55 Pa. Code §
															3490.143 (relating to
								definitions).
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 B - ABUSE OF STUDENTS IN SCHOOL › GENERAL REQUIREMENTS FOR STUDENT ABUSE › Section 3490.193 - Other provisions

Current through Register Vol. 54, No. 28, July 13, 2024
The following sections apply to reports of student
							 abuse to the extent that they are applicable:
(1) Section
						  3490.31 (relating to receipt of
						  reports).
(2) Section
						  3490.35 (relating to Statewide
						  Central Register).
(3) Section
						  3490.36 (relating to providing
						  information to the county agency).
(4) Section
						  3490.37 (relating to release of
						  information: Statewide Central Register, pending complaint file and file of
						  unfounded reports).
(5) Section
						  3490.38 (relating to authorized
						  studies of child abuse data).
(6)
						  Section 3490.40 (relating to notifications
						  regarding indicated reports).
(7)
						  Section 3490.40a (relating to
						  notifications regarding founded reports).
(8) Section
						  3490.41 (relating to determination
						  of time).
(9) Section
						  3490.42 (relating to performance
						  audit and reviews).
(10) Section
						  3490.54 (relating to independent
						  investigation of reports).
(11)
						  Section 3490.91 (relating to persons to
						  whom child abuse information shall be made available).
(12) Section
						  3490.93 (relating to requests by
						  designated county officials).
(13)
						  Section 3490.94 (relating to the release
						  of the identity of a person who made a report of child abuse or cooperated in a
						  subsequent investigation).
(14)
						  Section 3490.104 (relating to release of
						  information to a subject of a report).
This section cited in 55 Pa. Code §
															3490.143 (relating to
								definitions).
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 C - GENERAL PROTECTIVE SERVICES › Section 3490.201 - 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 C - GENERAL PROTECTIVE SERVICES › Section 3490.202 - 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 C - GENERAL PROTECTIVE SERVICES › Section 3490.203-3490.210 - 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 C - GENERAL PROTECTIVE SERVICES › INTRODUCTION › Section 3490.221 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter applies to the Department and county
							 children and youth social service agencies.
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 C - GENERAL PROTECTIVE SERVICES › INTRODUCTION › Section 3490.222 - Purposes

Current through Register Vol. 54, No. 28, July 13, 2024
The purposes of this subchapter are to:
(1) Protect the safety, rights and welfare of
						  children so that they have an opportunity for healthy growth and development.
(2) Assist parents in recognizing
						  and remedying conditions harmful to their children and in fulfilling their
						  parental duties in a manner that does not put their children at risk.
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 C - GENERAL PROTECTIVE SERVICES › INTRODUCTION › Section 3490.223 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the definitions in §
													3490.4 (relating to definitions),
							 the following words and terms, when used in this subchapter, have the following
							 meanings, unless the context clearly indicates otherwise:
Assessment
-An evaluation by the
							 county agency to determine whether or not a child is in need of general
							 protective services.
Custodial parent
-The parent
							 responsible for the day-to-day care and supervision of the child.
General protective services
-Services
							 to prevent the potential for harm to a child who meets one of the following
							 conditions:
(i) Is without proper
						  parental care or control, subsistence, education as required by law, or other
						  care or control necessary for his physical, mental, or emotional health, or
						  morals.
(ii) Has been placed for
						  care or adoption in violation of law.
(iii) Has been abandoned by his parents,
						  guardian or other custodian.
(iv)
						  Is without a parent, guardian or legal custodian.
(v) Is habitually and without justification
						  truant from school while subject to compulsory school attendance.
(vi) Has committed a specific act of habitual
						  disobedience of the reasonable and lawful commands of his parent, guardian or
						  other custodian and who is ungovernable and found to be in need of care,
						  treatment or supervision.
(vii) Is
						  under 10 years of age and has committed a delinquent act.
(viii) Has been formerly adjudicated
						  dependent under section 6341 of the Juvenile Act (relating to adjudication),
						  and is under the jurisdiction of the court, subject to its conditions or
						  placements and who commits an act which is defined as ungovernable in
						  subparagraph (vi).
(ix) Has been
						  referred under section 6323 of the Juvenile Act (relating to informal
						  adjustment), and who commits an act which is defined as ungovernable in
						  subparagraph (vi).
Parent
-A biological parent, adoptive
							 parent, legal guardian or primary person responsible for a child.
Potential for harm
-
(i) Likely, if permitted to continue, to have
						  a detrimental effect on the child's health, development or
						  functioning.
(ii) The term does not
						  include imminent risk as defined in the definition of "child abuse" in §
						  3490.4.
Primary person who is responsible for the
							 care of a child
-A person who provides or arranges ongoing care and
							 supervision to a child in lieu of parental care and supervision.
Report
-A verbal or written statement
							 to the county agency from someone alleging that a child is in need of general
							 protective 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 C - GENERAL PROTECTIVE SERVICES › COUNTY RESPONSIBILITIES › Section 3490.231 - Functions of the county agency for general protective services

Current through Register Vol. 54, No. 28, July 13, 2024
Each county agency is responsible for administering a
							 program of general protective services to children that is consistent with the
							 agency's objectives to:
(1) Keep
						  children safely in their own homes, whenever possible.
(2) Prevent abuse, neglect and exploitation
						  of children.
(3) Overcome problems
						  that could result in dependency.
(4) Provide temporary, substitute placement
						  in the home of a relative, other individual who has a significant relationship
						  with the child or the child's family, a foster family home or residential
						  child-care facility for children in need of this care.
(5) Reunite children safely with their
						  families, whenever possible, when children are in temporary, substitute
						  placement.
(6) Provide a permanent,
						  legally assured family for children in temporary, substitute care who cannot be
						  returned to their own home.
(7)
						  Provide services and care ordered by the court for children who have been
						  adjudicated dependent.
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 C - GENERAL PROTECTIVE SERVICES › COUNTY RESPONSIBILITIES › Section 3490.232 - Receiving reports and assessing the need for services

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The county agency shall be the sole civil
						  agency responsible for receiving and assessing all reports alleging a need for
						  general protective services. Nothing in this subchapter limits section 6304 or
						  6334 of the Juvenile Act (relating to powers and duties of probation officers;
						  and petition).
(b) The county
						  agency shall provide 24-hours-per-day/7-day-per-week telephone access to
						  receive reports alleging a need for general protective services.
(c) The county agency shall see the child
						  immediately if emergency protective custody has been taken, is needed, or if it
						  cannot be determined from the report whether or not emergency protective
						  custody is needed. Otherwise, the county agency shall prioritize the response
						  time for an assessment to assure that children who are most at risk receive an
						  assessment first.
(d) The county
						  agency shall use a State-approved risk assessment process for general
						  protective services as required by §
													3490.321 (relating to standards
						  for risk assessment) to:
(1) Aid in its
						  assessment of whether to accept the family for services.
(2) Insure that its assessment is
						  comprehensive.
(3) Help determine
						  the need for general protective services.
(4) Assist in the development of the family
						  service plan.
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 C - GENERAL PROTECTIVE SERVICES › COUNTY RESPONSIBILITIES › Section 3490.233 - Protective custody

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  child alleged to be in need of general protective services may be taken into
						  protective custody under §§ 3490.15-3490.17 and 3490.57.
(b) The director of a hospital or other
						  medical facility or a person specifically designated in writing by the
						  director, or a physician examining or treating a child may take a child into
						  protective custody if it is immediately necessary to protect 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 C - GENERAL PROTECTIVE SERVICES › COUNTY RESPONSIBILITIES › Section 3490.234 - Notifications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The county
						  agency shall notify the parent of the receipt of the report alleging the need
						  for general protective services and that the county agency will do an
						  assessment to determine the need for general protective services. The
						  notification shall be made verbally at the time of the initial
						  interview.
(b) The county agency
						  shall provide written notice to the parents and the primary person who is
						  responsible for the care of the child of the county agency's decision to accept
						  or not accept the family for general protective services within 7-calendar days
						  of making the decision. If the county agency accepts the family for services,
						  it shall include the following information in the notice:
(1) The reasons why the county agency
						  accepted the family for services.
(2) The right of the custodial parent or the
						  primary person responsible for the care of the child to appeal the county
						  agency's decision that the child is in need of general protective
						  services.
(3) The request for an
						  appeal shall be received by the county agency within 45-calendar days of the
						  mailing date of the written notice in subsection (b).
(4) How to appeal the county agency's
						  decision that the child is in need of general protective services.
(5) The written appeal request shall specify
						  the reasons why the child is not in need of general protective
						  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 C - GENERAL PROTECTIVE SERVICES › COUNTY RESPONSIBILITIES › Section 3490.236 - General protective services records

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Records for reports that are accepted for
						  general protective services shall be maintained under §
													3130.43 (relating to family case
						  records). In addition to the information required by § 3130.43, the
						  records shall contain the following information:
(1) The nature of each report for general
						  protective services.
(2) The date
						  and source of the report.
(3) The
						  names and addresses of the persons interviewed in conducting the assessment of
						  each report.
(4) The services
						  provided by the county agency during the assessment of the report.
(5) How the level of services provided are
						  consistent with the level of risk to 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 C - GENERAL PROTECTIVE SERVICES › GENERAL REQUIREMENTS FOR GENERAL PROTECTIVE SERVICES › Section 3490.241 - Appeals with respect to general protective services

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When a county agency accepts a case for
						  services, the custodial parents or the primary persons who are responsible for
						  the care of the child may appeal that decision.
(b) The county agency shall establish
						  policies and procedures for handling these appeals. The policies and procedures
						  shall be in the agency's manual as required by §
													3130.21 (relating to
						  responsibilities of county executive officers).
(c) An appeal from the custodial parent or
						  the primary persons who are responsible for the care of the child shall be
						  received by the county agency within 45-calendar days of the date of the letter
						  from the county agency notifying the person of the agency's decision to accept
						  the child and family for services. The written appeal request shall be made to
						  the county agency administrator and specify the reasons why the child is not in
						  need of general protective services.
(d) The county agency shall review the
						  request and issue a written decision to the person who made the request within
						  45-calendar days of the receipt of the appeal. If the agency denies the
						  request, the person who made the request shall be advised in writing of his
						  right to a hearing before the Department's Bureau of Hearings and Appeals and
						  that the request shall be made within 45-calendar days of the date of the
						  letter from the county agency notifying the person of the agency's decision
						  denying the request.
(e) If a
						  hearing is requested, the Bureau of Hearings and Appeals will schedule a
						  hearing under Article IV of the Public Welfare Code (62 P. S. §§
														401-493), and applicable Department
						  regulations. The burden of proof in the hearing shall be on the county agency.
						  The Department will assist the county agency as necessary.
(f) The Department is authorized and
						  empowered to make any appropriate order regarding records to make them accurate
						  or consistent with this chapter.
(g) Neither the county administrator nor the
						  director of the Bureau of Hearings and Appeals may issue a ruling modifying the
						  term of a service plan which has been specifically approved or ordered by a
						  court of competent jurisdiction.
(h) Action by the custodial parent or the
						  primary person who is responsible for the care of the child under this section
						  does not preclude the custodial parent or the primary person who is responsible
						  for the care of the child the right to exercise other appeals available through
						  Department regulations or the courts.
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 C - GENERAL PROTECTIVE SERVICES › GENERAL REQUIREMENTS FOR GENERAL PROTECTIVE SERVICES › Section 3490.242 - Confidentiality

Current through Register Vol. 54, No. 28, July 13, 2024
Information obtained by the county agency or
							 Department in connection with general protective services may only be released
							 as follows:
(1) Under §
													3130.44 (relating to
						  confidentiality of family case records).
(2) To another county agency.
(3) To an official of an agency of another
						  state that performs general protective services analogous to those services
						  performed by county agencies or the Department in the course of the official's
						  duties.
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 D - GENERAL REQUIREMENTS FOR CHILD PROTECTIVE SERVICES AND GENERAL PROTECTIVE SERVICES › INTRODUCTION › Section 3490.301 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter applies to county agencies and other
							 agencies and persons who provide services to abused and neglected
							 children.
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 D - GENERAL REQUIREMENTS FOR CHILD PROTECTIVE SERVICES AND GENERAL PROTECTIVE SERVICES › INTRODUCTION › Section 3490.302 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this subchapter is to consolidate
							 regulations that apply to both child protective services and general protective
							 services.