4547; amended April 27, 1990, effective April 28, 1990 and apply retroactively to January 5, 1988, 20 Pa.B. The provisions of this 3490.56 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. This section cited in 55 Pa. Code 3490.193 (relating to other provisions); and 55 Pa. Code 3800.20 (relating to confidentiality of records). Virginia Mandated Reporters. (c)Except as provided in 3490.134 (relating to information relating to prospective school employes), an administrator may not hire an applicant if the applicant is the perpetrator of a founded report of child abuse or the individual responsible for a founded report of student abuse. ParentA biological parent, adoptive parent or legal guardian. 10. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. The provisions of this 3490.52 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 3513. If the family cannot abide by the Safety Plan, the child will be removed from the home, legal custody will be transferred to the state, and the child may be placed with a family member or other suitable individual, in an institution, foster home, or placed for adoption. (f)If the facility or child care service is operated, registered, licensed or approved by the Department, the county agency shall send a copy of the completed form required by 3490.67 (relating to written reports to ChildLine)filed with ChildLineand a copy of the written statement required by subsection (e) to the regional director or the directors designee in the region where the founded or indicated child abuse occurred. 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). (ii)The term includes independent contractors and their employes. Houston, TX 77068. 3490.19. CPS - zydyma.talkwireless.info 3513. For: CW employees, within 60 days from the date the allegations were reported. To justify CPS decisions, the CPS caseworker must investigate, describe, document, and report: -Adult Functioning Daily Life Management Skills. (i)A person who provides permanent or temporary care, supervision, mental health diagnosis or treatment, training or control of a child in lieu of parental care, supervision and control. (8)That the agency has, will or may make a report to law enforcement officials. Measure the success of identified child activities. The provisions of this 3490.11 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. The SCR receives calls 24 hours a day, every day from two types of sources: persons who are required by law (mandated) to report suspected cases of child abuse and maltreatment; and calls from non-mandated reporters, including the public. Not approved, return case to caseworkers for continued work with instructions of what work needs to be completed before resubmitting for transfer or closure. (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. (i)The person responsible for the administration of a public or private school, intermediate unit or area vocational-technical school. The provisions of this 3490.18 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (2)A home of a relative of the child or other individual who has a significant relationship with the child or the childs family. If the child is at an immediate risk of harm, the CPS investigator may remove the child from home. More than one photograph of the injury shall be taken if it is necessary to obtain a clear close-up of the injury. If a person takes a child into protective custody, the person shall verbally notify the childs parents, guardians or other custodians immediately and in writing within 24 hours, of the following: (1)The childs whereabouts unless prohibited by a court order. 4629; amended April 27, 1990, effective April 28, 1990 and apply retroactively to January 5, 1988, 20 Pa.B. Permanent employeA child care worker who meets one of the following conditions: (i)Has met the requirement of 3490.122 (relating to responsibilities of an applicant, prospective operator or legal entity of a child care service). (e)The report of the investigation shall be submitted to ChildLine within 30-calendar days of when the report was received at ChildLine. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); If you are dealing with a legal matter, contact our Pittsburgh family law attorneys at Pittsburgh Divorce & Family Law, LLC to find out how we can help. (7)The results of any criminal prosecution. 3490.16. (c)The county agency shall determine the status of reports of suspected child abuse. Certified medical practitionerA licensed physician, a licensed physicians assistant or a certified registered nurse practitioner. 3513. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. (b)The Department will determine in its annual licensing and inspection process whether the county agency has sufficiently documented reasons why, if applicable, all child abuse investigations have not been completed within the 30-calendar day period. Dauphin County Social Services for Children and Youth v. Department of Public Welfare, 855 A.2d 159, 163 (Pa. Cmwlth. 501508 and 701704 (relating to the Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure). The provisions of this 3490.121 adopted December 27, 1985, effective January 1, 1986, 15 Pa.B. Immediately preceding text appears at serial page (229422). Re-evaluate status of childs previously identified needs, 7. (6)Reports shall be made verbally under policies and procedures developed in conjunction with the district attorney and other law enforcement officials. Following the opening of an Ongoing CPS case, additional CPS actions may include (as applicable): -Referral to Multi-Disciplinary Investigative Team, -Temporary Protection Plan (Present Danger). When conducting interviews: Caseworkers must notify children or youths parents or guardians: Of any CA/N allegations made against them at the initial point of parent or guardian contact, while maintaining the: Confidentiality of the person making the allegations. (4)Their right to services from the county agency. OperatorA person who provides a child care service but is not hired by or under contract with a legal entity. Officials under this paragraph are limited to the following: (i)The board of commissioners in counties other than counties of the first class. 3513. 3490.21. Recent act or failure to actAn act or failure to act committed within 2 years of the date of the report of suspected child abuse to the Department or county agency. In some cases, reunification with the child may not be possible. The provisions of this 3490.31 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (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. Child protective services investigations must reflect a balance between protecting children and preserving the rights of parents and family members. If children or youth are examined or were previously examined by a physician who is not affiliated with the Med-Con or a CAC, refer the case to the Med-Con or CAC physician so they are aware of: Indications they have been abused or neglected in the past. 3513. Information relating to prospective child care personnel. The provisions of this 3490.102 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. Investigations may be conducted by child protective services staff and/or law enforcement and often include a multidisciplinary team. Investigation | York County, VA (a)When indicated reports of child abuse are entered into the Statewide Central Register, ChildLine will notify all subjects by first class mail, other than the subject child, of: (2)The perpetrators right to request the Secretary to amend or expunge the report. (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). Include "unregulated custody transfer" in the email subject line. The provisions of this 3490.71 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (f)An applicant or prospective operator of a child care service located in this Commonwealth who is not a resident of this Commonwealth is required to obtain a report of criminal history record from the Federal Bureau of Investigation according to procedures established by the Department and on forms provided by ChildLine. The provisions of this 3490.12 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. This section cited in 55 Pa. Code 3490.92 (relating to requests by and referrals to law enforcement officials); 55 Pa. Code 3490.93 (relating to requests by designated county officials); 55 Pa. Code 3490.94 (relating to release of the identity of a person who made a report of child abuse or cooperated in a subsequent investigation); 55 Pa. Code 3490.95 (relating to release of information to required reporters); 55 Pa. Code 3490.193 (relating to other provisions); and 55 Pa. Code 3800.20 (relating to confidentiality of records). Immediately preceding text appears at serial page (211725). 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. 1996); appeal denied 690 A.2d 1165 (Pa. 1997). (ii)RegisteredNonpublic (religiously affiliated schools). abused, Accepts reports of child abuse/neglect in Westmoreland (d)Except as provided in subsection (e), hearings will be conducted under 2 Pa.C.S. At the end of the investigation, the investigator will send written notice of findings to the alleged subject and the parents of the alleged victim. The provisions of this 3490.123 adopted December 27, 1985, effective January 1, 1986, 15 Pa.B. -Ask if represented by legal counsel **If so, the caseworker may NOT conduct the interview without the attorneys permission as required by the Gibson Decree. CPS investigates the report. (e)Reports which are unfounded awaiting expunction may not be released from the pending complaint file except to a subject of a report upon written request, employes of the Department under this subchapter and employes of the Office of Attorney General under section 6345 of the CPSL (relating to audits by Attorney General). A reporter need not have witnessed a specific injury nor does there have to be an injury for there to be a reason to believe that parental conduct results in a threat of harm to a child which is included in the statutory definitions of an abused and neglected child., Child Protective Services Policy, January 2021. If the allegations rise to the level of serious neglect, abandonment, and/or abuse, the social worker must begin the investigation within 24 hours of receiving the report. A finding that a child suffered severe pain may be supported by circumstantial evidence and need not be supported by either testimony from the victim, or by unequivocal medical testimony to that effect. (i)When the Department receives a written request under this paragraph, ChildLine will send to the court copies of the Report of Suspected Child Abuse (CY-47); the ChildLine Report of Suspected Child Abuse and Neglect For ChildLine Use Only (CY-47C); the Child Protective Service Investigation Report (CY-48); and the Child Protective Service Supplemental Report (CY-49) on file at ChildLine involving the subject child, the childs siblings and their parents. (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. If CYS shows up at your home and informs you they have received a report of child abuse or neglect, contact an experienced CYS lawyer from Pittsburgh Divorce & Family Law, LLC immediately. This section cited in 55 Pa. Code 3490.121 (relating to definitions); 55 Pa. Code 3490.125 (relating to voluntary certification of child caretakers); and 55 Pa. Code 3490.126 (relating to sanctions). Division determines that a family is in need of services. (f)The Department will process requests for voluntary certification it receives on the forms developed by the Department. Action by the county agency after determining the status of the report. 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. (6)A standing committee of the General Assembly, under section 6384 of the CPSL (relating to legislative oversight). Statewide Central RegisterA register of child abuse and student abuse, established in the Department, which consists of founded and indicated reports of child abuse and student abuse. In most cases where the childs safety is at risk, the CPS investigator will ask the parents to sign a safety plan, which is a written agreement between the agency and the childs parents that provides a short-term solution to address specific concerns related to child safety. Immediately preceding text appears at serial page (211736). (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. (i)An agent of the county agency includes: (C)Staff and volunteers of public and private residential child care facilities. Investigation Timeline. Immediately preceding text appears at serial page (211729). (d)An administrator may not hire an applicant on a provisional basis during a strike under the Public Employee Relations Act (43 P. S. 1101.2011101.2201). (4)Involve law enforcement agencies in responding to child abuse.