Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

55 Pa. Code § 3490.171. Receipt and investigation of reports of suspected student abuse.

COUNTY RESPONSIBILITIES


§ 3490.171. Receipt and investigation of reports of suspected student abuse.

 (a)  The county agency is the sole civil agency responsible for investigating reports of suspected student abuse. The investigation shall be conducted by a protective service worker.

 (b)  When a county agency receives a report of suspected student abuse, it shall immediately notify ChildLine of the receipt of the report and begin an investigation as soon as possible. The oral report shall include the following information:

   (1)  The name and address of the student and the student’s parent or guardian.

   (2)  Where the suspected abuse or injury occurred.

   (3)  The age and sex of the student.

   (4)  The nature and extent of the suspected abuse or injury.

   (5)  The name and home address of the school employe alleged to have committed the abuse or injury.

   (6)  The relationship of the student to the school employe alleged to have committed the abuse or injury.

   (7)  The source of the report to the county agency.

   (8)  The actions taken by the county agency, law enforcement officials, parents, guardians, school officials or other persons, including the taking of photographs, medical tests and X-rays.

 (c)  At a minimum, the county agency shall have a face-to-face interview with the child, any witnesses to the abuse and the school employe suspected of causing the abuse, unless the employe refuses to be interviewed.

 (d)  The county agency’s investigation shall be completed within 60-calendar days of when the report was received by ChildLine. The county agency shall submit a Child Protective Service Investigation Report form to ChildLine with a status determination of founded, indicated, unfounded or pending criminal court action. If the Child Protective Service Investigation Report form is not received within 60-calendar days from the date the report was received by the county agency, the report shall be considered unfounded. Prior to expunging the report, ChildLine shall verify with the county agency that the report was not completed within 60-calendar days.

 (e)  If the investigation cannot be completed within 60- calendar days because an arrest has been made or there is criminal court action pending, the county agency shall send the Child Protective Services Investigation Report with a status determination of one of the following:

   (1)  Pending criminal court action.

   (2)  Indicated, when there is substantial evidence that the child was abused.

 (f)  The county agency shall submit a new Child Protective Service Investigation Report form to ChildLine as required in subsection (e) when a final status determination is made.

Cross References

   This section cited in 55 Pa. Code §  3490.143 (relating to definitions).



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