(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. Immediately preceding text appears at serial pages (211722) to (211723). J.C. v. Department of Public Welfare, 980 A.2d 743, 748 (Pa. Cmwlth. If you are not represented by a qualified and experienced attorney, the agency may end up taking your children from you or even terminating your parental rights. Prior to expunging the report, ChildLine shall verify with the county agency that the report was not completed within 60-calendar days. (a)An administrator shall require each applicant to submit a clearance statement obtained from the Department within the immediately preceding year as to whether the applicant is named as the perpetrator of an indicated or founded report of child abuse or the individual responsible for an indicated or founded report of student abuse. To a LD CPS investigator if the Risk Only is provider related. Investigation Timeline. (5)The reasons for suspecting child abuse. 2286; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. The provisions of this 3490.103 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (e)A request for voluntary certification from the Department may be made no more frequently than every 2 years. 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. The provisions of this 3490.92 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 3490.18. The provisions of this 3490.81 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. Founded reportA child abuse report made under the CPSL and this chapter if there has been any judicial adjudication based on a finding that a child who is a subject of the report has been abused, including the entry of a plea of guilty or nolo contenderee or a finding of guilt to a criminal charge involving the same factual circumstances involved in the allegation of child abuse. (3)Multidisciplinary teams composed of professionals from a variety of disciplines who are consultants to the county agency in its case management responsibilities as required by Chapter 3130 who perform one of the following functions: (i)Pool their knowledge and skills to assist the county agency in diagnosing child abuse. (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. 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. 3513. (2)Once a month for 6 months or case closure when the child is either: (i)Placed out of the home or setting in which the abuse occurred. (c)An applicant shall show the original clearance statement to the administrator and permit a copy to be made. This can lead to CYS: Social Services is not required to complete an investigation within 30 days. Intellectual Property in Divorce: Who Gets What? When CPS receives a report from the SCR, it is required to begin an investigation within 24 hours. The investigation should include an evaluation of the safety of the child named in the report and any other children in the home, and a determination of the risk to the children if they continue to remain in the home. Record failed to reveal substantial evidence of child abuse, where only evidence of severe pain was hearsay testimony of social worker and there was not evidence of impairment. 3513. What is the appropriate course of action to ensure the childs safety? 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. (ii)Except with respect to confidential communications made to an ordained member of the clergy which are protected under 42 Pa.C.S. Make a safety plan for the child if needed. 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. (5)The effect of the report upon future employment opportunities in a child care service. 3513. Depending on what CYS investigators find in the month following the initial report, they may close or open a case. (b)Referrals to law enforcement officials required by 3490.91(a)(10) shall be made with the following requirements: (1)Referrals shall be made by the county agency to the district attorney or other appropriate law enforcement official. Contact us online or call (412) 471-5100 to schedule your initial confidential consultation. County, Provides in-home support to families when the Assessment 3513. Immediately preceding text appears at serial page (211737). 10. This includes locating and interviewing the child, the childs family, environment, and other relevant parties. (12)The actions taken by the reporting source, including: (i)The taking of photographs and X-rays. 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. (i)An individual who applies for a position as a school employe including a person applying to be a volunteer in charter or regional charter schools. 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. (i)An individual employed in a position by a school. Dauphin v. Department of Public Welfare, 855 A.2d 159, 165 note 6 (Pa. Cmwlth. Indicated reportA child abuse report made under the CPSL and this chapter if an investigation by the county agency or the Department determines that substantial evidence of the alleged abuse exists based on any of the following: (ii)The child protective service investigation. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. If it is determined a child is unsafe and in need of protection, the family will be required to abide by a Safety Plan. Depending on the safety risks, DSS may petition the court to remove the children or request that safety plans be put in place to ensure that the child is not exposed to any further maltreatment. Investigation Response A child abuse or neglect investigation is . Blair County Children, Youth and Families, Bradford County Children and Youth Services, Bucks County Children and Youth Agency - Children's Protective Services, Bucks County Children and Youth Agency - General Protective Services, Bucks County Children and Youth Agency - Emergency Services, Butler County Office of Children and Youth Services (CYS), Cambria County Children and Youth Services, Cameron County Children and Youth Services, Carbon County Children and Youth Services, Centre County Human Services- Children and Youth Services, Cumberland County Children and Youth Services, Dauphin County Social Services Children and Youth, Delaware County Office of Children and Youth Services, Domestic Violence Center of Chester County, Fayette County Children and Youth Services, Indiana County Children and Youth Services, Jefferson County Children and Youth Services, Family Preservation and Reunification Services, Lackawanna County Office of Youth and Family Services, Lancaster County Children and Youth Social Service Agency, Lebanon County Children and Youth Services, Lehigh County Office of Children and Youth Services, Lycoming County Children and Youth Services, McKean County Children and Youth Services, Mifflin County Children and Youth Services, Monroe County Children and Youth Services, Northampton County Children, Youth and Families, Northumberland County Children and Youth Services, Snyder County Children and Youth Services, Somerset County Children and Youth Services, Sullivan County Children & Youth Services, Susquehanna County Services for Children and Youth, Tioga County Department of Human Services, Venango County Department of Human Services, Women's Center and Shelter of Greater Pittsburgh, York County Government - York County Human Services Department, York County Office of Children, Youth and Families, Family Services. An initial safety Intake Assessment includes investigating: The person making the allegation is probed for information, analyzed, and the exact words used in the allegation are recorded. 5540 Centerview Dr., Suite 315 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. (d)A periodic assessment of the risk of harm to the child shall be conducted as required by the State-approved risk assessment process. 3513. R.M. 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. Release of information: Statewide Central Register, pending complaint file and file of unfounded reports. An investigation is opened within one day of the report, and the child is visited within 72 hours. 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. Copyright 2018 - Batch, Poore & Williams, PC. (ii)A subfile of the names of perpetrators of indicated and founded reports of child abuse if the individuals Social Security Number or date of birth is known to the Department. (ii)The term does not include staff of Commonwealth-operated youth development centers and youth forestry camps. Reports by employes who are required reporters. Immediately preceding text appears at serial page (211727). M.R.F. ChildLine reporting to the county agency. Requests by and referrals to law enforcement officials. Typically, a social worker will meet with the children and parents within the first few days of the investigation beginning, however these interviews will quickly expand to collateral witnesses and medical personnel if needed as a case develops. Reports shall be accepted by ChildLine or the county agency regardless of whether the person identifies himself. 3513. Caseworkers and LD CPS investigators must: Contact LE if there is information about a crime that has been committed against a child, youth, or vulnerable adult, or the children or youths welfare is endangered, per the. To obtain a form for the clearance statement, an applicant may call the ChildLine verification unit at (717) 783-6211 and request a Pennsylvania Child Abuse History Clearance Form. Upon beginning its investigation, the county agency shall see the child within 24 hours of receipt of the report. (a)A subject of an indicated or founded report may request in writing that the Secretary amend or expunge the report on the grounds that it is inaccurate or being maintained in a manner inconsistent with the CPSL and this chapter. Close cases and submit to their supervisor when. Guidelines and procedures may include off-post families. 3513. Immediately preceding text appears at serial page (211736). (5)The CPSL, 23 Pa.C.S. Immediately preceding text appears at serial page (211722). 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. State Child Care 1993). (2)The director or a person specifically designated in writing by the director of a hospital or other medical facility or a physician examining or treating a child under section 6315 of the CPSL (relating to taking child into protective custody) and subsection (b). (3)The age and sex of the subjects of the report. The provisions of this 3490.11 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. If CYS initial investigation determines the allegations of abuse or neglect were valid, then you can expect to work with Social Services for at least a year to resolve the issues. Unfounded reportA report made under the CPSL and this chapter unless the report is a founded report or an indicated report. S. M. ex rel. Maintain confidentiality of case information with non-mandatory reporters. When a concern is found, a Protection Plan is put in place, which may include any action CPS determines necessary for the health or safety of the child, such as involvement of law enforcement officers, immediate removal of the child from the home, safety planning, placement of the child with a family member, in foster care or a state institution, mandatory programs and services for the family or party involved, and/or court action which may include termination of parental rights in some cases. During this stage, the CPS investigator will take the following steps to conduct a thorough investigation: Interview the people familiar with the child, including their teachers and doctor, Run a criminal background check on the person or people who allegedly abused or neglected the child, Determine if the child is at immediate risk of danger. Immediately preceding text appears at serial page (211723). Documentation of this review shall be in the case record. Once CPS concludes the investigation, it will determine two things: Did the abuse or neglect actually take place? If DSS receives a report alleging neglect the investigative social worker has up to 72 hours to begin the investigation. (ii)Provide or recommend comprehensive coordinated treatment. To CPS investigation caseworkers. Immediately preceding text appears at serial pages (211748) to (211749). (g)The burden of proof in hearings held under this section is on the appropriate county agency. What Now? Our Certified Child Welfare Specialists have a wealth of experience helping clients like you fight to reunify or keep their families intact.
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