The reasons for termination of the county agency involvement shall be recorded in the case record. 3513. Hearings and appeals proceedings for reports received by ChildLine prior to July 1, 1995. Guardian ad litem and court designated advocate. (a)A request for information from the Statewide Central Register, pending complaint file or file of unfounded reports by persons permitted access to this information, other than the county agency, shall be in writing and signed by the person requesting the information. Immediately preceding text appears at serial page (211738). A required reporter who suspects that a child died as a result of child abuse shall send a duplicate of the report sent to the county agency to the coroner of the county in which the death occurred. Action by the county agency after determining the status of the report. If there is incomplete information in the report, ChildLine will contact the county agency and request additional clarifying information so that the information in the Statewide Central Register is complete. Director of a hospital or other medical facilityThe director or a person specifically designated in writing by the director to perform the functions under section 6315 of the CPSL (relating to taking child into protective custody) and this chapter. 4547; reserved July 2, 1999, effective July 3, 1999, 29 Pa.B. Prior to the meeting with the multidisciplinary team, the agency administrator or designee, the supervisor and caseworker shall review the family service plan and make a recommendation to the multidisciplinary team on the appropriateness of the family service plan and whether additional or different services are necessary to protect the child. 9. 3513. Day care operators argument that because neither the childs mother nor the childs doctor testified regarding any pain, the Department of Public Welfare failed to sustain its burden of proof under this regulation was rejected. The provisions of this 3490.56 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (2)Only the perpetrator when the decision is to deny the request. The provisions of this 3490.53 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 2005). 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. The provisions of this 3490.91 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. The date on which the known perpetrator of child abuse is reported to the Departments central register, not when the matter is referred to children and youth services, triggers the 60-day time limit within which the agency must complete its investigation. and then CPS will begin an investigation. The case may be screened out with the dismissal of the allegation. Criminal liability for breach of confidentiality. (ii)Suspected child abuse perpetrated by persons who are not family members. Immediately preceding text apepars at serial page (211721). SecretaryThe Secretary of the Department or a person specifically designated in writing by the Secretary to perform the Secretarys functions under the CPSL and this chapter. 3513. (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. Despite this flexibility in cases in which there is no obvious impediment CPS should make every effort to complete its investigation within six weeks. Being investigated by CPS is a serious matter. (b)If the Social Security Number or date of birth of the perpetrator is known in founded or indicated reports of child abuse, the following information shall be maintained: (1)The name, Social Security Number, date of birth and sex of the perpetrator. (ii)The mayor of a city of the first class under the act of April 21, 1949 (P. L. 665, No. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Parents Rights in a Pennsylvania CPS Investigation. 1995). (6)The purpose of the law, the implications of the status determination of the report and the services available through the county agency. (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. Therefore, it was error not to expunge petitioners record of indicated child abuse. (5)The county agency may not refer to law enforcement officials reports of suspected child abuse which do not meet the requirements of paragraphs (2) and (3). 3513. (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 Present Danger is identified, and in some cases when not identified, a Temporary Protection Plan will be put into place the same day (before the CPS caseworker leaves the home). (d)The Department will reply to requests for voluntary certification by providing the following: (1)A copy of the report of criminal history record information from the Pennsylvania State Police. Based on the Family Functioning Assessment, Present Danger Assessment, and Impending Threat Assessment (regardless of whether or not abuse or neglect occurred), a determination will be made regarding whether or not the family will have a case opened for ongoing CPS. Expunction proceedings before the Department of Public Welfare, Bureau of Hearings and Appeals are civil proceedings as opposed to criminal proceedings; therefore, the Sixth Amendment right for the accused to confront the witnesses against him does not apply. (d)A supplemental child abuse report form shall be submitted to ChildLine on founded and indicated reports when additional case information is obtained, including dates of birth, identity of the subjects, additional information about the nature of the abuse, or the case is presented before a court and there is a change in the status of the report. The request for verification shall include a check or money order for the fee charged by the Department, payable to the Department of Human Services, which will not exceed $10. After the initial investigation, CPS will begin the full-on investigation to gather more evidence supporting or refuting the alleged abuse or neglect. Prospective workfare program participants are exempt from payment of the fee. When a report is received and CPS is notified, the following is expected to occur: Report Filing (i)Persons who, in the course of their employment, occupation or practice of their profession come into contact with children and have reasonable cause to suspect, on the basis of their medical, professional or other training and experience, that a child coming before them in their professional or official capacity is a victim of child abuse. (a)The county agency shall send the Child Protective Service Investigation Report form (CY-48) to ChildLine within 30-calendar days of the receipt of the report of suspected child abuse. In homes where family violence is actively present, a Present Danger is considered to exist based on D-LAG indicators: -Victim perceives perpetrator might kill them, -Victim has left/attempting to leave the relationship, -Victims child is not the perpetrators child. (6)The fact that the name of the perpetrator and nature of the abuse will be kept on file indefinitely if the Social Security Number or date of birth of the perpetrator is known. The case may be screened out with a determination that the child is safe and any maltreatment allegations are unsubstantiated. Adjust the Safety Plan to ensure child safety in the LEAST INTRUSIVE MANNER, 5. Finally, the parents may reunite with the child who has been removed from their care. The provisions of this 3490.109 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. (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. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Document and submit an extension on the Extension/Exception tab in FamLink when requesting extensions on investigations remaining open beyond 90 calendar days from the date the intake is received due to LE or prosecutor collaboration to their supervisor. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. (iii)The term excludes individuals who have no direct contact with students. (c)ChildLine will notify the county agency and all subjects of the Secretarys decision to amend a report of child abuse. 3513. Notably, Action for Child Protection held the federal grant during NRCCPSs development of SAMS for CPS. What Now? Should I Cooperate With Police in a CPS Investigation? The provisions of this 3490.57 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. The CPS is independent, and. 3513. This can lead to CYS: Social Services is not required to complete an investigation within 30 days. Reports not received within 60-calendar days. 3513. (c)If the complaint of suspected abuse is determined to be one which cannot be investigated by the county agency because the person accused of the abuse is not a perpetrator, but does suggest the need for investigation, the county agency shall immediately transmit the information to the appropriate authorities. The social worker produced enough evidence, through the childs medical history, psychological evaluations of the family members and interviews with relevant parties to establish that the report was accurate and the Department properly refused to expunge the indicated report of child abuse. (b)Notwithstanding subsection (c), reports which are determined pending juvenile or criminal court action shall be maintained in the pending complaint file until the county agency notifies ChildLine of the final status. Hearings and appeals proceedings for indicated reports received by ChildLine after June 30, 1995. Immediately preceding text appears at serial page (229424). The provisions of this 3490.58 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. S. T. v. Department of Public Welfare, 681 A.2d 853 (Pa. Cmwlth. Department regulations requiring notification of person cited are not applied retroactively; failure to notify petitioner is not a violation of due process. In short, no risk was found that would warrant DSS to be involved or make recommendations because the child is safe. When youve been notified by your local Department of Social Services that youre under investigation for the abuse, neglect or dependency of your child or a child in your care, it is an uncertain and fearful time. (a)The county agency supervisor shall review each report of suspected child abuse which is under investigation on a regular and ongoing basis to ensure that the level of services are consistent with the level of risk to the child, to determine the safety of the child and the progress made toward reaching a status determination.