Prospective workfare program participants are exempt from payment of the fee. This section cited in 55 Pa. Code 3490.55 (relating to investigation of reports of suspected child abuse). The provisions of this 3490.35 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (2)The county in which the suspected abuse occurred. Inform you about the report they got about your child. (c)The administrator may employ an applicant on a provisional basis if the administrator has no knowledge or information that would disqualify the applicant from employment in accordance with section 6344 of the CPSL and if the applicant has complied with each of the following: (1)Mailed the requests for the required clearances to ChildLine, the State Police and the FBI, if applicable. Except for reports investigated by the Department, the county agency shall investigate and make independent determinations on reports of suspected child abuse, regardless of another investigation conducted by another agency, the court or the police and regardless of whether or not the person making the report identified himself. A.Y. When the CPS investigator comes to your home they are likely to do the following: Interview your child and you. The legal base of this chapter is the following statutory provisions: (1)Articles VII and IX of the Public Welfare Code (62 P. S. 701774 and 901922). (e)If the provisional employe does not submit the required clearances within 30- or 90-calendar days of employment, whichever is applicable, the administrator shall do one of the following: (1)Dismiss the provisional employe until the required clearances are received. Criminal liability for breach of confidentiality. (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. 3513. 3513. The Department will return the forms that are not completed properly with instructions for resubmitting the request. (2)The reasons why medical examination or expert consultation, or both, was determined not to be necessary. (2)The subjects 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. (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. Copyright @ 2023 Pittsburgh Divorce & Family Law, LLC -. ACS is required to investigate all reports received. Immediately preceding text appears at serial page (211733). (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. (7)The results of any criminal prosecution. We will contact you within the hour unless you specify otherwise below (if submitted during normal business hours). If you are the alleged subject of a report, your county Child Protective Services (CPS) office is required by law to notify . Upon beginning its investigation, the county agency shall see the child within 24 hours of receipt of the report. . Contact your assigned Assistant Attorney General for consultation. Voluntary certification of child caretakers. 4629; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Immediately preceding text appears at serial page (229424). J.C. v. Department of Public Welfare, 980 A.2d 743, 748 (Pa. Cmwlth. CPS Investigations Child Protective Services is at your door. The provisions of this 3490.92 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 501508 and 701704 (relating to the Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure). (f)A clearance statement is required only prior to the initial hiring of a substitute and remains in effect as long as the substitute continues to be employed by the same school. Regional staffDepartment employes who license and monitor public and private children and youth social service agencies and facilities within a specific geographical area of this Commonwealth. (2)Statutory sexual assualt as defined by section 3122.1 (relating to statutory sexual assault). If you are being investigated by CYS and it has been more than a month without a determination of whether Social Services is going to open or close the case, contact our CYS investigation lawyers at Pittsburgh Divorce & Family Law, LLC right away. 3513. If there is reasonable cause to suspect there is a history of prior or current abuse, the medical practitioner has the authority to arrange for further medical tests or the county agency has the authority to request further medical tests. These changes will significantly impact the reporting, investigating, assessment, prosecution, and judicial handling of child abuse and neglect cases. This field is for validation purposes and should be left unchanged. (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. 2005). (11)Designated county officials in reviewing the competence of the county agency or its employes under the CPSL and this chapter. (c)A child may not be held in protective custody for more than 24 hours unless the appropriate county agency is immediately notified that the child has been taken into protective custody and the county agency obtains a court order permitting the child to be held in protective custody for a longer period of time. If the child is not in imminent danger yet there are signs of abuse or neglect, CYS may go to court to obtain an order to remove the child from the home as soon as possible. For purposes of this disclaimer the term information includes, but is not limited to, information that is contained within any internet link that is accessible from the DCYF website. Reports not received within 60-calendar days. Immediately preceding text appears at serial page (211728). (c)The county agency shall determine the status of reports of suspected child abuse. (c)Information on file at the Statewide Central Register as a result of a request to amend or expunge a founded or indicated report of child abuse under 3490.105 and 3490.105a (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; and request by a perpetrator to amend or expunge an indicated report of child abuse received by ChildLine after June 30, 1995) may only be released to the Secretary or Secretarys designees in the course of their official duties and the Attorney General when conducting an audit under section 6345 of the CPSL (relating to audits by Attorney General). (b)Within 72 hours of interviewing the subject, the county agency shall notify the subject in writing of: (1)The existence of the report and type of alleged abuse. How Is Child Custody Determined In West Virginia? (2)Meet with other individuals who may have information relating to the safety of the child in the home if the child is to be returned home. 3513. When an allegation of abuse involves a child with a pending custody case, the court may refer the allegation to CPS and demand a written report according to the relevant timeline of that court. 3513. Chapter 63. Inquire about the childs possible membership or eligibility for membership in a federally recognized tribe and follow, Discuss cases with their supervisor to determine if children or youth will be placed in out-of-home care when a safety threat is identified and cannot be managed with a. A justification/explanation for the decision must be documented in the file. This chapter applies to the Department; other departments, boards, bureaus and agencies of the Commonwealth or any of its political subdivisions; county children and youth social service agencies and other agencies providing services to children and youth; law enforcement officials; county executive officers; auditors of the Federal government; public and nonpublic schools; intermediate units; area vocational-technical schools; independent school contractors; and persons who, in the course of their employment or occupation or in the practice of their profession, come into contact with children. Filing of a written report by a required reporter. The best way to protect your parental rights and your childs well-being is to have an attorney on your side. (d)If an appeal is taken, there is a hearing before the Departments Bureau of Hearings and Appeals. Msg & data rates may apply. The CPS is independent, and. 3513. (B)An act or failure to act by a perpetrator which causes nonaccidental serious mental injury to or sexual abuse or exploitation of a child. If it appears that a county other than the one to which the report was referred should conduct the investigation, the agencies should decide between themselves which one is responsible for the report. (a)A physician or director or a person specifically designated in writing by the director of a hospital or other medical facility may request information from the county agency on prior abuse involving the child being examined or treated by the physician or director or a person specifically designated in writing by the director of the hospital or other medical facility. Once CPS concludes the investigation, it will determine two things: Did the abuse or neglect actually take place? To a LD CPS investigator if the Risk Only is provider related. Child Protective Services Laws Since 2013, legislation has been enacted, changing the manner in which Pennsylvania responds to child abuse. (6)The name of the alleged perpetrators of the suspected abuse and evidence of prior abuse by those persons. Analyze Safety Plan according to the CPS Formal Safety Evaluation, 4. The Secretary will notify subjects of the report and the appropriate county agency of the decision by first-class mail. Living arrangements seriously endanger a childs physical health. If the child is at an immediate risk of harm, the CPS investigator may remove the child from home. These interviews may take place at a persons home or office, at a CYS location, or at a police station. (2)The county agency shall maintain photographs it secures in the case record. 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). Prospective workfare participants are exempt from payment of the fee. 3513. 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). (b)ChildLine will notify the county agency and the perpetrator of any expunction of a report of child abuse, except when the expunction is the result of the Secretarys decision, in which case the county agency and all subjects shall be notified. Immediately preceding text appears at serial page (211728). 4547; amended December 27, 1985, effective January 1, 1986, 15 Pa.B. Release of the identity of a person who made a report of child abuse or cooperated in a subsequent investigation. 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. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Safety and protection of children or youth. To determine whether an incoming allegation meets the criteria for assessment/investigation and is appropriate for Child Protective Services (CPS). This section cited in 55 Pa. Code 3490.36 (relating to providing information to the county agency). Allegations of child abuse or neglect present families with one of the most legally complex and emotionally difficult challenges imaginable. (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: (3)Indicated, when there is substantial evidence that the child was abused. Court intervention is not necessary or appropriate. The evaluations must be reviewed and approved by a CPS Supervisor. (b)The county agency shall protect the safety of the subject child and other children in the home or facility and shall provide or arrange appropriate services when necessary during the investigation period. One or both caregivers lack parenting knowledge, skills, or motivation which affects child safety. Closing the case and referring you to community service providers. Include "unregulated custody transfer" in the email subject line. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Parents Rights in a Pennsylvania CPS Investigation. (3)The person in charge of the county agency with custody or supervision of the child.
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