4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. (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. 2009). More than one photograph of the injury shall be taken if it is necessary to obtain a clear close-up of the injury. Investigations are not to exceed 90 days unless law enforcement is involved. (11)A statement of the childs parents regarding the suspected abuse and a statement or admission of abuse by the alleged perpetrator. You have the right to legal representation of your own choosing at all stages of contact with CPS. Statute Has Priority Over Conflicting Regulation, Where there is a conflict between the statute and a regulation purporting to implement the provisions of that statute, the regulation must give way. The Department may conduct or authorize studies of the data contained in the pending complaint file, the Statewide Central Register, the statistical file, and the county agency files and distribute the results of the studies if no study contains the name of a subject or other information by which a subject of a report can be directly or indirectly identified. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Cooperation of county agencies and law enforcement agencies. changes effective through 52 Pa.B. (ii)Seriously interferes with the childs ability to accomplish age-appropriate developmental and social tasks. (3)A statistical file which contains copies of reports of suspected, indicated and founded reports of child abuse after information which could directly or indirectly identify a subject of a report has been expunged. The Departments 45-day period during which a subject must request a hearing is not applicable when the Department refuses rather than grants a subjects request for expungement under 23 Pa.C.S. One of the most important things to remember is that Child Protective Services investigators are just people doing their jobs. This report may come from a mandatory reporter or anyone else who believes a child is being abused or neglected at home, school, day care, or anywhere else the child receives care. (g)The administrator shall make a copy of the clearance statement and place it in the employes personnel record. 3513. (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. 3513. 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). Safety and protection of children or youth. The provisions of this 3490.135 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. Substitute listA list, approved by the hiring authority of a school, containing the names of persons eligible to serve the school as substitute teachers or temporary replacements for other employes. 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 officials 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). 3513. 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. Small objects left in the reach of very young children can present a choking hazard. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. The provisions of this 3490.94 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. DSS will substantiate a report if it finds that the minor child was maltreated, abused or seriously neglected. Failure to raise the issue of whether the actions of the abuser fell within the statutory definition of child abuse constituted a waiver of that issue. 5540 Centerview Dr., Suite 315 (4)The reporter of the suspected child abuse, if known. Contact referrers to verify the information in the intake is clear and complete and to learn additional needed information such as the families schedule and childs likely whereabouts. Release of information on prior child abuse reports. One of a parent's worst nightmares is to have the Pennsylvania Office of Children, Youth and Family Services (CYS), often called child protective services (CPS), show up on their doorstep. Caseworkers and LD CPS investigators must conduct face-to-face contacts and interviews with children and youth, per. (2)The county agency shall maintain photographs it secures in the case record. Prospective workfare participants are exempt from payment of the fee. This section cited in 55 Pa. Code 3490.67 (relating to written reports to ChildLine). This section cited in 55 Pa. Code 3490.233 (relating to protective custody). 4629; amended April 27, 1990, effective April 28, 1990, 20 Pa.B. We will contact you within the hour unless you specify otherwise below (if submitted during normal business hours). Guidelines and procedures may include off-post families. Notifying the childs parents, guardians or other custodians. As a mom or dad, you do the best you can daily, but like any parent, you are not perfect. Please list any special contact instructions. (e)School administrators shall, in their contracts with independent contractors and their employes who have direct contact with students, require contractors to include provisions for a clearance statement as required by this chapter. Cumberland County Children and Youth Services v. Department of Public Welfare, 611 A.2d 1339 (Pa. Cmwlth. (E)Staff and volunteers of public and private social service agencies. Some factors that may affect this response time include screening and routing, which can take slightly longer. (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. 3513. 3513. If UNSAFE, a Temporary Protection Plan or Safety Plan may be implemented and a case will be opened for ongoing CPS. During this time, there are some things that CPS might attempt. 3513. (g)The burden of proof in hearings held under this section is on the appropriate county agency. (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: (2)Is participating in a job development or job training program. (g)When investigating a report of suspected serious mental injury, sexual abuse or exploitation or serious physical neglect, the county agency shall, whenever appropriate, obtain medical evidence or expert consultation, or both. The best way to protect your parental rights and your childs well-being is to have an attorney on your side. (ii)A child will not be deemed to be physically or mentally abused based on injuries that result solely from environmental factors that are beyond the control of the parent or person responsible for the childs welfare, such as inadequate housing, furnishings, income, clothing and medical care. 3513. A judicial adjudication in a criminal case occurs when an appealable judgment of sentence is imposed; under this interpretation, a suspension of the 60-day investigation/final determination period does not end with the entry of a plea in a criminal case, rather, the suspension may continue until a final, appealable judgment of sentence is imposed. (e)A prospective adoptive parent or prospective foster parent who is not a resident of this Commonwealth is required to obtain a report of criminal history from the Federal Bureau of Investigation according to procedures established by the Department and on forms provided by ChildLine. Immediately preceding text appears at serial page (211715). Electrical Parts The provisions of this 3490.92 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. Case information may only be shared with mandated reporters as long as the information is pertinent to the CPS case. 8. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Third category cases are often ignored unless the CPS receives additional reports. (4)Their right to services from the county agency. The provisions of this 3490.14 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 5 Things CPS Can Legally Do . 3513. (i)An individual employed in a position by a school. 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. Immediately preceding text appears at serial pages (211722) to (211723). (ii)Suspected child abuse perpetrated by persons who are not family members. (d)When conducting its investigation, the county agency shall, if possible, conduct an interview with those persons who are known to have or may reasonably be expected to have, information relating to the incident of suspected child abuse including, but not limited to, all of the following: (2)The childs parents or other person responsible for the childs welfare. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Maintain confidentiality of case information with non-mandatory reporters. 62), known as the Home Rule Charter and Optional Plans Law. Mothers conduct on one occasion where she left a 10 1/2 month old child alone on an upper bunk bed for 15 minutes, during which time the child died from asphyxiation, determined by medical examiner as an accident, does not constitute serious physical neglect as defined in 3490.4. (b)The county agency shall provide the physician or director or the designee of the director treating or examining the child with the requested information on prior child abuse involving the child. These interviews may take place at a persons home or office, at a CYS location, or at a police station. What To Do After A Car Crash: 5 Important Steps, How To Fight False Allegations And Criminal Charges In WV, Social Security Claim Denied? Copyright 2018 - Batch, Poore & Williams, PC. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Mail Stop TT-99 Tukwila, WA 98188 www.ofco.wa.gov Phone: (206) 439-3870 or (800) 571-7321 TTY: (206) 439-3789 FAX: (206) 439-3877 What are my rights as a parent? Immediately preceding text appears at serial pages (236833) and (211721). 3513. Immediately preceding text appears at serial pages (211737) to (211738). After our recent investigation, we were given $500 toward our utility bills! Reports shall be accepted by ChildLine or the county agency regardless of whether the person identifies himself. The Secretary, after ordering a record to be amended or expunged, shall advise ChildLine of the decision. 3513. (e)A request for voluntary certification from the Department may be made no more frequently than every 2 years. 5943 (relating to confidential communications to clergymen), the privileged communication between any professional person required to report and the patient or client of that person does not apply to situations involving child abuse and does not constitute grounds for failure to report as required by this subchapter. 281-810-9760. t Prevent future child maltreatment. 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. The investigator will also interview the person who made the complaint and reach out to the childs parents, witnesses, and other people. 4: The minute you become aware that your family is being investigated, YOU MUST find an attorney who has experience in fighting CPS or DCFS. (12)The actions taken by the reporting source, including: (i)The taking of photographs and X-rays. The case will be closed, but the file generated will remain. Investigation Timeline. 1993). Court intervention is not necessary or appropriate. 4547; reserved July 2, 1999, effective July 3, 1999, 29 Pa.B. The investigation usually begins with a visit to your home by a CPS caseworker, who will be assessing the safety of the child named in the report and any other children living in your household. (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. (7)The county agency shall make an entry of the request made by the required reporter and the response given in the case record. Immediately preceding text appears at serial pages (229427) and (211747) to (211748). (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). Immediately preceding text appears at serial pages (211729) to (211731). Successful case closure is based on the CPS Social Worker completing two evaluations: 1. 3513. All rights reserved. A child placed in foster care, who alleges abuse while in care, has the right to access documents that pertain to the foster care stay; however, the child does not have an unlimited right to access the entire file. This section cited in 55 Pa. Code 3490.193 (relating to other provisions); and 55 Pa. Code 3800.20 (relating to confidentiality of records).
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