3513. If it is determined that the child is currently unsafe and the maltreatment allegations are substantiated, the abuse or neglect will be recorded, a Temporary Protection Plan and/or Safety Plan will be put in place, and a case will be opened for Ongoing Child Protective Services. School employe. (iii)Is employed by a contractor seeking a contract with a child care facility or program. The provisions of this 3490.40a adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Uncorroborated hearsay cannot satisfy the agencys burden unless the following requirements are met: the statement was accurately recorded by audio or video equipment; the audio-visual record discloses the identity and at all times included the images and/or voices of all individuals present during the interview of the minor; and the statement was not made in response to questioning calculated to lead the minor to make a particular statement and was not the product of improper suggestion. (c)The Department will provide the results of performance audits and reviews to the affected agencies consistent with the confidentiality provisions of this chapter. This section cited in 55 Pa. Code 3490.67 (relating to written reports to ChildLine). (a)Except as provided in subsection (b), the county agency shall begin its investigation within 24 hours of receiving a report of suspected child abuse. County agency. An administrator who willfully violates section 6355 of the CPSL (relating to requirement) shall be subject to an administrative penalty of $2,500. Prospective workfare participants are exempt from payment of the fee. 4629; amended April 27, 1990, effective April 28, 1990 and apply retroactively to January 5, 1988, 20 Pa.B. 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. No part of the information on this site may be reproduced forprofit or sold for profit. t Strengthen and support families, whenever possible. Immediately preceding text appears at serial page (211722). 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. The county agency shall cooperate with and provide information to a guardian ad litem appointed under section 6382 of the CPSL (relating to guardian ad litem for child in court proceedings) and the court designated advocate. (c)A county agency worker may take a child into protective custody only under a specific court order naming the individual child. (2)Ninety calendar days for an out-of-State applicant. (ii)Failure to provide essentials of life, including adequate medical and dental care. 1987). (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. 2535(a) (relating to investigation), an agency or person designated by the court to conduct the investigation shall require prospective adoptive parents to submit the information in section 6344 of the CPSL (relating to information relating to prospective child-care personnel) for review under subsection (d). 3513. (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. (3)Retain and reassign the provisional employe to a position that does not involve direct contact with children. Except when the court has determined the children or youth are safe to remain in the home, place children or youth in out-of-home care when they: Have suffered a serious non-accidental injury and a safety plan separating the children or youth from the subject cannot be developed. This is to allow time for additional interviews and investigations into the family, complete documentation, make decisions, and/or complete a more rigorous safety analysis. (ii)The term includes independent contractors and their employes. 11. Contact us online or call (412) 471-5100 to schedule your initial confidential consultation. Request by a perpetrator to amend or expunge an indicated report of child abuse received by ChildLine after June 30, 1995. 1996), appeal denied, 690 A.2d 1165 (Pa. 1997). 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. Prospective workfare program participants are exempt from payment of the fee. 4629; amended April 27, 1990, effective April 28, 1990 and apply retroactively to January 5, 1988, 20 Pa.B. How Long Does a CPS Case Last? Serious physical injuryAn injury that does either of the following: (ii)Significantly impairs the childs physical functioning, either temporarily or permanently. (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). The county agency staff may not be deputized or use blanket court orders to take children into protective custody. (ii)The mayor of a city of the first class under the act of April 21, 1949 (P. L. 665, No. Cooperation of county agencies and law enforcement agencies. No statutes or acts will be found at this website. If a person takes a child suspected of being abused into protective custody, the person shall immediately notify the county agency in the county where the child is being held that the child is in protective custody. Child Protective Services (CPS) Investigation, Safety, Risk, and Investigative Assessments, Consultations, Evaluations, and Referrals, Case Coordination and Collateral Contacts, Child Care & Early Learning Professional Development, Mandatory Reporting of Child Abuse or Neglect, Office of Innovation, Alignment, and Accountability, Since Time Immemorial Early Learning Curriculum, Indian Child Welfare Chapter 1 Initial Intake Indian Child Welfare (ICW), Child Protective Services (CPS) Initial Face-to-Face Response, Health and Safety Visits with Children and Youth and Monthly Visits with Parents and Caregivers, Indian Child Welfare Manual Chapter 3 Inquiry and Verification of Childs Indian Status, universal domestic violence (DV) screening, Child Protective Services (CPS) Initial Face-To-Face (IFF) Response, LD CPS Use of Safety Assessment and Safety Planning Tools, Structured Decision Making Risk Assessment (SDMRA), Early Support for Infants and Toddlers (ESIT, 2332. 2009). Coordinate on investigations where a crime may have been committed against a child or youth. The law enforcement agency shall, as soon as possible and without jeopardizing the criminal investigation or prosecution, advise the county agency as to whether a criminal investigation has been undertaken and the results of the investigation and of any criminal prosecution in cases of suspected child abuse. 4547; reserved July 2, 1999, effective July 3, 1999, 29 Pa.B. When the agency receives a complaint or report of child abuse or neglect, it assigns a CPS investigator to investigate and find evidence supporting or refuting the allegations. (c)Regional staff shall conduct the investigation regardless of the relationship of the agent to the subject child. (D)Serious physical neglect by a perpetrator constituting prolonged or repeated lack of supervision or the failure to provide the essentials of life, including adequate medical care, which endangers a childs life or development or impairs the childs functioning. v. Children & Youth Services of Delaware County, 686 A.2d 872 (Pa. Cmwlth. When the plan is approved by the county agency, the county agency shall immediately send a copy of the approved plan to the appropriate regional licensing director or designee. When there is an allegation of sexual abuse that includes physical injury to children or youth or the potential for them to have a sexually transmitted disease. All calls are confidential. (2)It cannot be determined from the report whether or not emergency protective custody is needed. DCYF will complete investigations on screened-in intakes for allegations of CA/N in the following timeframes, unless law enforcement (LE) has determined additional time is needed, per County Child Abuse, Fatality and Criminal Investigations Protocols. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Parents Rights in a Pennsylvania CPS Investigation. The provisions of this 3490.36 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. The county agency worker shall visit the family in performing the case management responsibilities as required by 3130.63 as often as necessary for management of the services provided but at least every 180-calendar days. (4)A file of unfounded reports awaiting expunction. The plan of supervision or alternative arrangements shall be in writing, approved by the county agency and kept on file by the county agency until the investigation is completed. One of the most important things to remember is that Child Protective Services investigators are just people doing their jobs. (ii)The term also includes the Departments Office of Children, Youth and Families regional offices when the report of suspected child abuse or student abuse involves an agent of the county agency. (7)The results of any criminal prosecution. This section cited in 55 Pa. Code 3490.193 (relating to other provisions). 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. (e)If the report is founded or indicated, the county agency shall request a written statement from the person in charge of the child care service or facility regarding the steps planned and taken to ensure the future safety of the subject child and other children in the care of the child care service or facility. (5)The reasons for suspecting child abuse. The county agency shall send the requested information to the defendant and the district attorney. Child Protective Services Laws Since 2013, legislation has been enacted, changing the manner in which Pennsylvania responds to child abuse.