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 3490.91 - Persons to whom child abuse information shall be made available

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Reports, report
						  summaries and other accompanying information obtained under the CPSL and this
						  chapter in the possession of the Department and a county agency are
						  confidential. Except for the subject of a report, persons who receive
						  information under this section shall be advised that they are subject to the
						  confidentiality provisions of the CPSL and this chapter, that they are required
						  to insure the confidentiality and security of the information and that they are
						  liable for civil and criminal penalties for releasing information to persons
						  who are not permitted access to this information. This material shall only be
						  released under the CPSL and this chapter and be made available only to the
						  following:
(1) An authorized official of a
						  county agency or of an agency of another state that performs protective
						  services analogous to those services performed by county agencies or the
						  Department in the course of the official's duties, multidisciplinary team
						  members assigned to the case and authorized persons providing services by
						  referral or under section 6364 of the CPSL (relating to purchasing services of
						  other agencies). The name of the person who made the report or cooperated in
						  the investigation may be released to county agencies in this Commonwealth and
						  out-of-State agencies providing protective services provided they have a
						  legitimate need to know this information to protect the child and the person
						  requesting the information can assure the confidentiality of the identity of
						  the persons who made the report or cooperated in the investigation.
(2) A physician examining or treating a child
						  or the director of a hospital or medical facility treating a child, if the
						  physician or the director of a hospital or medical facility suspects the child
						  of being an abused child.
(3) A
						  guardian ad litem and court designated advocate for the child.
(4) An authorized official or agent of the
						  Department including the following:
(i) The
						  Secretary.
(ii) Deputy Secretaries
						  of the Department and designated staff, in cases involving alleged or actual
						  abuse of children in facilities or programs under their jurisdiction.
(iii) ChildLine staff.
(iv) Authorized officials or agents of the
						  Department who are conducting a performance audit as authorized under section
						  6343 of the CPSL (relating to investigating performance of county agency) and
						  this chapter.
(5) A court
						  of competent jurisdiction under a court order or a court of common pleas upon
						  written request from a judge in connection with any matter involving custody of
						  a child.
(i) When the Department receives a
						  written request under this paragraph, ChildLine will send to the court copies
						  of the Report of Suspected Child Abuse (CY-47); the ChildLine Report of
						  Suspected Child Abuse and Neglect For ChildLine Use Only (CY-47C); the Child
						  Protective Service Investigation Report (CY-48); and the Child Protective
						  Service Supplemental Report (CY-49) on file at ChildLine involving the subject
						  child, the child's siblings and their parents.
(ii) If the court requests specific files or
						  information that is not on file at ChildLine, ChildLine will notify the county
						  agency administrator to provide the information directly to the
						  court.
(6) A standing
						  committee of the General Assembly, under section 6384 of the CPSL (relating to
						  legislative oversight).
(7) The
						  Attorney General.
(8) Federal
						  auditors, if required for Federal financial participation in funding of
						  agencies, but Federal auditors may not remove identifiable reports or copies of
						  them from the Department or county agencies.
(9) Law enforcement officials of any
						  jurisdiction inside or outside of this Commonwealth if the information is
						  relevant in the course of investigating cases of:
(i) Homicide, sexual abuse or exploitation,
						  or serious bodily injury perpetrated by persons whether or not related to the
						  victim.
(ii) Suspected child abuse
						  perpetrated by persons who are not family members.
(iii) Repeated physical injury to a child
						  under circumstances which indicate that the child's health or welfare is harmed
						  or threatened.
(iv) A missing child
						  report.
(10) Law
						  enforcement officials who shall immediately receive reports of suspected child
						  abuse from the county agency, when the initial report or initial review by the
						  county agency gives evidence that the alleged child abuse is one of the
						  following:
(i) Homicide, sexual abuse or
						  exploitation, or serious bodily injury perpetrated by persons whether or not
						  related to the child.
(ii) Child
						  abuse perpetrated by persons who are not family members.
(11) Designated county officials in reviewing
						  the competence of the county agency or its employes under the CPSL and this
						  chapter. Officials under this paragraph are limited to the following:
(i) The board of commissioners in counties
						  other than counties of the first class.
(ii) The mayor of a city of the first class
						  under the act of April 21, 1949 (P. L. 665, No. 155), known as the First Class
						  City Home Rule Act.
(iii) An
						  individual serving as a county chief executive as designated by a county home
						  rule charter or optional plan form of government under the act of April 13,
						  1972 (P. L. 184, No. 62), known as the Home Rule Charter and Optional Plans
						  Law.
(12) A subject of
						  the report upon written request.
(13) A person, agency or institution, upon
						  written consent of all subjects of the report may receive a copy of the reports
						  on file with the county agency and ChildLine.
(14) Individuals authorized by the Department
						  to conduct studies of data, if the study does not contain the name or other
						  information by which the subjects of reports may be identified.
(15) Required reporters of suspected child
						  abuse whose access to information is limited to the following:
(i) The final status of the report following
						  the investigation, whether it be indicated, founded or unfounded.
(ii) Services provided or arranged by the
						  county agency to protect the child from further child abuse. This information
						  may be released to the required reporter at any time after the report of
						  suspected child abuse has been made.
(16) A prospective adoptive parent, approved
						  by an adoption agency, when considering adopting an abused child in the custody
						  of a county agency. The adoption agency and the county agency having custody of
						  the child shall determine the scope and detail of information which shall be
						  provided so that the prospective parent may make an informed decision to adopt.
(17) Members of a local or State
						  child fatality review team authorized under sections 6340(a)(4) and 6343(b) of
						  the CPSL (relating to release of information in confidential reports; and
						  investigating performance of county agency), formally organized for the purpose
						  of assisting in the investigation of child death or the development and
						  promotion of strategies to prevent child death. The information shall be
						  provided only through staff of the county agency or Department who are members
						  of the team.