Subchapter A. CHILD PROTECTIVE SERVICES

§ 3490.1. Applicability.

 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.

 The purposes of this subchapter are to:

   (1)  Protect abused children from further abuse.

   (2)  Preserve and stabilize families.

   (3)  Implement the CPSL.

   (4)  Involve law enforcement agencies in responding to child abuse.

   (5)  Prioritize the response and services to children most at risk.

   (6)  Encourage more complete reporting of suspected child abuse.

 The legal base of this chapter is the following statutory provisions:

   (1)  Articles VII and IX of the Public Welfare Code (62 P. S. § §  701—774 and 901—922).

   (2)  Chapter 63 of 42 Pa.C.S. (relating to the Juvenile Act).

   (3)  Section 2168 of the County Code (16 P. S. §  2168).

   (4)  Section 405 of the County Institution District Law (62 P. S. §  2305).

   (5)  The CPSL, 23 Pa.C.S. § §  6301—6385 (relating to the Child Protective Services Law).

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Accept for service—The county agency decides on the basis of the needs and problems of an individual to admit or receive the individual as a client of the agency or as required by a court order entered under the Juvenile Act.

   Agent of the county agency—A person who provides a children and youth social service either directly or under contract or through agreement with a county agency.

     (i)   An agent of the county agency includes:

       (A)   Preadoptive parents.

       (B)   Foster parents.

       (C)   Staff and volunteers of public and private residential child care facilities.

       (D)   Staff and volunteers of public and private day care centers, group day care homes and family day care homes.

       (E)   Staff and volunteers of public and private social service agencies.

       (F)   Staff and volunteers of county detention centers.

       (G)   Persons residing in the home of foster or preadoptive parents.

       (H)   A school employe of a facility or agency that is an agent of a county agency.

     (ii)   The term does not include staff of Commonwealth-operated youth development centers and youth forestry camps.

   Arrange—Make a service available to a client accepted for service through another agency or service provider which is not paid for by the county agency.

   Certified medical practitioner—A licensed physician, a licensed physician’s assistant or a certified registered nurse practitioner.

   CPSL—The Child Protective Services Law, 23 Pa.C.S. § §  6301—6385.

   Child—A person under 18 years of age.

   Child abuse—

     (i)   The term child abuse means any of the following:

       (A)   Any recent act or failure to act by a perpetrator which causes nonaccidental serious physical injury to a child.

       (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.

       (C)   A recent act, failure to act or series of the acts or failures to act by a perpetrator which creates an imminent risk of serious physical injury to or sexual abuse or exploitation of a 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 child’s life or development or impairs the child’s functioning.

     (ii)   A child will not be deemed to be physically or mentally abused based on injuries that result solely from environmental factors that are beyond the control of the parent or person responsible for the child’s welfare, such as inadequate housing, furnishings, income, clothing and medical care.

     (iii)   If, upon investigation, the county agency determines that a child has not been provided needed medical or surgical care because of seriously held religious beliefs of the child’s parents, guardian or person responsible for the child’s welfare, which beliefs are consistent with those of a bona fide religion, the child will not be deemed to be physically or mentally abused. The county agency shall closely monitor the child and shall seek court-ordered medical intervention when the lack of medical or surgical care threatens the child’s life or long-term health. In cases involving religious circumstances, all correspondence with a subject of the report and the records of the Department and the county agency may not reference ‘‘child abuse’’ and shall acknowledge the religious basis for the child’s condition, and the family shall be referred for general protective services, under Subchapter C of the CPSL (relating to general protective services), if appropriate.

   ChildLine—An organizational unit of the Department which operates a Statewide toll-free system for receiving reports of suspected child abuse established under section 6332 of the CPSL (relating to establishment of Statewide toll-free telephone number), refers the reports for investigation and maintains the reports in the appropriate file. In addition, it also receives reports of student abuse under Subchapter C.1 of the CPSL (relating to students in public and private schools).

   Child protective services—Those services and activities provided by the Department and each county agency for child abuse cases.

   County agency——

     (i)   The county children and youth social service agency established under section 405 of the County Institution District Law (62 P. S. §  2205), or its successor, and supervised by the Department under Article VII of the Public Welfare Code (62 P. S. § §  701—774).

     (ii)   The term also includes the Department’s 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.

   County plan—A needs-based plan and budget estimate which serves as the basis for administration of the county children and youth social services program required by Chapter 3140 (relating to planning and financial reimbursement requirements for county children and youth social service programs).

   Court designated advocate—A trained citizen volunteer appointed by the court to advocate on behalf of dependent children and alleged dependent children involved in juvenile court proceedings.

   Crimes Code—Title 18 of the Pennsylvania Consolidated Statutes.

   Department—The Department of Public Welfare of the Commonwealth.

   Director of a hospital or other medical facility—The 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.

   Expunge—To strike out or obliterate entirely so that the stricken information may not be stored, identified or later recovered by any means—mechanical, electronic or otherwise.

   Family members—Spouses, parents and children or other persons related by consanguinity or affinity. The term does not include foster parents, foster children and paramours.

   Founded report—A 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.

   Indicated report—A 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:

     (i)   Available medical evidence.

     (ii)   The child protective service investigation.

     (iii)   An admission of the acts of abuse by the perpetrator.

   Individual residing in the same home as the child—An individual who is 14 years of age or older and who resides in the same home as the child.

   Juvenile Act—42 Pa.C.S. Chapter 63.

   Law enforcement official—The term includes the following:

     (i)   The Attorney General.

     (ii)   A county district attorney.

     (iii)   A State Police officer.

     (iv)   A county sheriff.

     (v)   A county police officer.

     (vi)   A county detective.

     (vii)   A local or municipal police officer.

   Medical evidence—Evidence provided by a licensed health care professional, including a physician, nurse practitioner, registered nurse, psychiatrist or licensed psychologist.

   Paramour—A person who is engaged in an ongoing intimate relationship with a parent of the child but is not married to and does not necessarily reside with the child’s parent.

   Parent—A biological parent, adoptive parent or legal guardian.

   Pending criminal court action—The status assigned to a report when the county agency cannot complete the investigation within 30-calendar days because criminal court action has been initiated.

   Pending juvenile court action—The status assigned to a report when the county agency cannot complete the investigation within 30-calendar days because juvenile court action has been initiated.

   Performance audit—A review of a county agency’s practices and implementation of the CPSL and this chapter by persons designated by the Secretary.

   Perpetrator—A person who has committed child abuse and is a parent of a child, a person responsible for the welfare of a child, an individual residing in the same home as the child or a paramour of the child’s parent.

   Person responsible for the child’s welfare——

     (i)   A person who provides permanent or temporary care, supervision, mental health diagnosis or treatment, training or control of a child in lieu of parental care, supervision and control.

     (ii)   The term does not include a person who is employed by or provides services or programs in a public or private school, intermediate unit or area vocational-technical school.

   Physician—A person licensed under the statutes and regulations of the Commonwealth to practice medicine.

   Protective services—Services and activities provided by the Department and each county agency for children who are abused or in need of general protective services under this chapter.

   Provide—To perform an activity directly through county agency staff or ensure the performance of an activity through a purchase of service agreement with another agency or individual.

   Recent act or failure to act—An act or failure to act committed within 2 years of the date of the report of suspected child abuse to the Department or county agency.

   Regional staff—Department employes who license and monitor public and private children and youth social service agencies and facilities within a specific geographical area of this Commonwealth.

   Required reporters—

     (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.

     (ii)   Except with respect to confidential communications made to an ordained member of the clergy which are protected under 42 Pa.C.S. §  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.

     (iii)   Persons required to report include:

       (A)   A licensed physician, medical examiner, coroner, funeral director, dentist, optometrist, osteopath, chiropractor, psychologist, podiatrist, intern, registered nurse or licensed practical nurse.

       (B)   Hospital personnel engaged in the admission, examination, care or treatment of persons.

       (C)   A Christian Science practitioner, member of the clergy, school administrator, school teacher, school nurse, social services worker, day care center worker or another child care or foster care worker, mental health professional, peace officer or law enforcement official.

   Secretary—The Secretary of the Department or a person specifically designated in writing by the Secretary to perform the Secretary’s functions under the CPSL and this chapter.

   Serious bodily injury—Injury which creates a substantial risk of death or which causes serious permanent disfigurement or protracted loss or impairment of the function of a body member or organ.

   Serious mental injury—A psychological condition as diagnosed by a physician or licensed psychologist, including the refusal of appropriate treatment, that does either of the following:

     (i)   Renders the child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic or in reasonable fear that the child’s life or safety is threatened.

     (ii)   Seriously interferes with the child’s ability to accomplish age-appropriate developmental and social tasks.

   Serious physical injury—An injury that does either of the following:

     (i)   Causes the child severe pain.

     (ii)   Significantly impairs the child’s physical functioning, either temporarily or permanently.

   Serious physical neglect—A physical condition caused by the act or failure to act of a perpetrator which endangers the child’s life or development or impairs the child’s functioning and is the result of one of the following:

     (i)   Prolonged or repeated lack of supervision.

     (ii)   Failure to provide essentials of life, including adequate medical and dental care.

   Sexual abuse or exploitation—

     (i)   Any of the following if committed on a child by a perpetrator:

       (A)   The employment, use, persuasion, inducement, enticement or coercion of a child to engage in or assist another person to engage in sexually explicit conduct.

       (B)   A simulation of sexually explicit conduct for the purpose of producing a visual depiction, including photographing, videotaping, computer depicting or filming, of sexually explicit conduct.

       (C)   Any of the following offenses as defined by the crimes code:

   (1)  Rape as defined by section 3121 (relating to rape).

   (2)  Statutory sexual assualt as defined by section 3122.1 (relating to statutory sexual assault).

   (3)  Involuntary deviate sexual intercourse as defined by section 3123 (relating to involuntary deviate sexual intercourse).

   (4)  Sexual assault as defined by section 3124.1 (relating to sexual assault).

   (5)  Aggravated indecent assault as defined by section 3125 (relating to aggravated indecent assault).

   (6)  Indecent assault as defined by section 3126 (relating to indecent assault).

   (7)  Indecent exposure as defined by section 3127 (relating to indecent exposure).

   (8)  Incest as defined by section 4302 (relating to incest).

   (9)  Prostitution as defined by section 5902 (relating to prostitution and related offenses).

       (D)   Exploitation which includes any of the following:

   (1)  Looking at the sexual or other intimate parts of a child for the purpose of arousing or gratifying sexual desire in either person.

   (2)  Engaging or encouraging a child to look at the sexual or other intimate parts of another person for the purpose of arousing or gratifying sexual desire in any person involved.

   (3)  Engaging or encouraging a child to participate in sexually explicit conversation either in person, by telephone, by computer or by a computer aided device.

   Statewide Central Register—A register of child abuse and student abuse, established in the Department, which consists of founded and indicated reports of child abuse and student abuse.

   Status determination—The decision made by the county agency that a child abuse or student abuse report is founded, indicated, unfounded, pending juvenile court action or pending criminal court action.

   Subjects of the report—A child, parent, guardian or other person responsible for the welfare of a child or any alleged or actual perpetrator or school employe named in a report made to the Department or county agency under this subchapter.

   Substantial evidence—Evidence which outweighs inconsistent evidence and which a reasonable person would accept as adequate to support a conclusion.

   Unfounded report—A report made under the CPSL and this chapter unless the report is a founded report or an indicated report.

   The provisions of this §  3490.4 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended April 27, 1990, effective April 28, 1990 and apply retroactively to January 5, 1988, 20 Pa.B. 2286; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial pages (211715) to (211718), and (236831) to (236832).

   Child Abuse

   Failure to raise the issue of whether the actions of the abuser fell within the statutory definition of child abuse constituted a waiver of that issue. B. E. v. Department of Public Welfare, 654 A.2d 290 (Pa. Cmwlth. 1995).

   The natural mother’s boyfriend lacked standing to appeal an order adjudicating the child to be dependent and awarding custody to the natural father, even though a report filed by Children and Youth Services implicating the boyfriend had been given ‘‘indicated’’ status. In re Interest of Garthwaite, 619 A.2d 356 (Pa. Super. 1993).

   Black and blue marks over entire buttocks of 5-year old child is ample evidence that spanking exceeded a reasonable exercise of discipline; report of child abuse supported by substantial evidence. J. S. v. Department of Public Welfare, 565 A.2d 862 (Pa. Cmwlth. 1989).

   A finding that a child suffered severe pain may be supported by circumstantial evidence and need not be supported by either testimony from the victim, or by unequivocal medical testimony to that effect. D. N. v. Department of Public Welfare, 562 A.2d 433 (Pa. Cmwlth. 1989).

   The court will not overturn factual findings and a conclusion of law by the Office of Hearings and Appeals regarding whether particular conduct constituted sexual assault where the issue raised by petitioner involved OHA’s specific findings as to the nature and extent of bodily contact considering height differences of the child and her father. J. S. v. Department of Public Welfare, 565 A.2d 862 (Pa. Cmwlth. 1989).

   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. N. B. v. Department of Public Welfare, 527 A.2d 623 (Pa. Cmwlth. 1987).

   Father is not entitled to expungement of indicated report of child abuse when substantial evidence indicates that he touched his daughter’s bare buttocks and insisted on bathing her and rubbing her ‘‘bottom real hard.’’ G. S. v. Department of Public Welfare, 521 A.2d 87 (Pa. Cmwlth. 1987).

   If a child’s injury is nonaccidental, then it is considered child abuse. To determine if an injury is nonaccidental, the Supreme Court has directed that a criminal negligence standard be applied. P. R. v. Department of Public Welfare, 801 A.2d 478 (Pa. 2002).

   Child Abuse-Pain

   Day care operator’s argument that because neither the child’s mother nor the child’s doctor testified regarding any pain, the Department of Public Welfare failed to sustain its burden of proof under this regulation was rejected. The evidence demonstrated that the child winced when the bruised area was touched and that the child screamed when the mother attempted to apply a cold compress or ice to the bruised area; thus, demonstrating an injury that resulted in severe pain. S. T. v. Department of Public Welfare, 681 A.2d 853 (Pa. Cmwlth. 1996).

   Serious Physical Injury

   Wincing when a bruised area is touched and screaming when an attempt is made to apply cold compresses or ice to a bruised area are sufficient to establish an injury resulting in severe pain. S. T. v. Department of Public Welfare, Lackawanna County Office, Children Youth & Family Services, 681 A.2d 853 (Pa. Cmwlth. 1996), appeal denied, 690 A.2d 1165 (Pa. 1997).

   Serious Physical Neglect

   Mother’s conduct on one occasion where she left a 10 1/2 month old child alone on an upper bunk bed for 15 minutes, during which time the child died from asphyxiation, determined by medical examiner as an accident, does not constitute ‘‘serious physical neglect’’ as defined in §  3490.4. Therefore, it was error not to expunge petitioner’s record of indicated child abuse. C. F. v. Department of Public Welfare, 804 A.2d 755 (Pa. Cmwlth. 2002).

 (a)  A waiver of a requirement of this chapter may be requested as specified in procedures published by the Department.

 (b)  A waiver may be granted by the Department if the waiver:

   (1)  Does not alter the applicability, scope or purpose of this chapter.

   (2)  Is based on evidence, supplied by the requesting county agency, that the objective of the requirement will be achieved in another way.

   (3)  Is based on evidence, supplied by the requesting county agency, that a waiver will have no adverse effect on the health, safety and rights of children.

   (4)  Does not violate or condone noncompliance with Federal statutes or regulation or State statutes.

   (5)  Does not jeopardize receipt of Federal moneys.

 (c)  Except as provided in section 6361 of the CPSL (relating to organization for child protective services), the Department may not waive the requirement that the county agency is the sole civil agency responsible to receive and investigate reports of suspected child abuse and receive and assess reports of suspected neglect.

 (d)  A county agency requesting a waiver shall continue to comply with the requirements of this chapter until a waiver is granted.

   The provisions of this §  3490.5 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.

REPORTERS

§ 3490.11. Reporting suspected child abuse.

 (a)  A person may make a report of suspected child abuse to ChildLine or a county agency if the person has reasonable cause to suspect that a child has been abused. Reports shall be accepted by ChildLine or the county agency regardless of whether the person identifies himself.

 (b)  A person other than a school employe having reasonable cause to suspect that a school employe has committed student abuse may report the suspected abuse to the school administrator as required by § §  3490.151(c) and 3490.152(a) and (c) (relating to required reporting; and responsibilities of administrators and school employes).

 In addition to other reports they make, required reporters shall report suspected child abuse to ChildLine.

 (a)  Required reporters who work in an institution, school, facility or agency shall immediately notify the person in charge of the institution, school, facility or agency or the person in charge’s designee of suspected abuse. The person in charge, or the designee, shall be responsible and have the obligation to make a report of the suspected child abuse to ChildLine immediately. Nothing in this chapter requires more than one report from any institution, school, facility or agency.

 (b)  The person in charge or the designee may not make an independent determination of whether to report. The person in charge or the designee shall notify the employe when the report was made to ChildLine.

 (c)  Notwithstanding subsection (a), nothing in this chapter prohibits an employe who is a required reporter from making a report directly to ChildLine.

 Except with respect to confidential communications made to an ordained member of the clergy which are protected under 42 Pa.C.S. §  5943 (relating to confidential communications to clergymen), privileged communication between a required reporter and the person’s patient or client does not apply to situations involving child abuse and may not constitute grounds for failure to report as required by this chapter.

 (a)  The following persons may take a child into protective custody:

   (1)  Persons authorized to do so under section 6324 of the Juvenile Act (relating to taking into custody).

   (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).

 (b)  The director or a person specifically designated in writing by the director or physician may take a child into protective custody if it is immediately necessary to protect the child from further serious physical injury, sexual abuse, or serious physical neglect—as indicated by the following examples:

   (1)  Medical indications of repeated abuse, the existence of previous indicated or founded reports of child abuse, the seriousness of the child’s condition, evidence of recent acts of abuse as opposed to old injuries, or statements of the child, or statements or actions by the parents indicating they are likely to be abusive toward the child.

   (2)  There is medical evidence that the child is a victim of alleged child abuse and that the child’s physical condition constitutes a medical emergency which requires immediate hospitalization to prevent death or serious physical impairment.

   (3)  The parents, guardians or other custodians, after being advised that the child’s physical condition constitutes a medical emergency will make no immediate arrangements for medically adequate alternative treatment.

 (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.

   The provisions of this §  3490.15 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial pages (211721) to (211722).

 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 §  3490.16 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial page (211722).

 If a person takes a child into protective custody, the person shall verbally notify the child’s parents, guardians or other custodians immediately and in writing within 24 hours, of the following:

   (1)  The child’s whereabouts unless prohibited by a court order.

   (2)  The reason for taking the child into protective custody.

   (3)  The telephone number of the local county agency.

   The provisions of this §  3490.17 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial page (211722).

 Within 48 hours of reporting to ChildLine, a required reporter shall make a written report on forms provided by the Department to the county agency in the county where the suspected child abuse occurred. The written report shall include the following information, if available:

   (1)  The names and addresses of the child and the parents or other persons responsible for the care of the child.

   (2)  The county in which the suspected abuse occurred.

   (3)  The age and sex of the subjects of the report.

   (4)  The nature and extent of the suspected child abuse, including evidence of prior abuse to the child or a sibling.

   (5)  The reasons for suspecting child abuse.

   (6)  The name of the alleged perpetrators of the suspected abuse and evidence of prior abuse by those persons.

   (7)  The relationship of the alleged perpetrator to the child.

   (8)  The family household composition.

   (9)  The source of the report.

   (10)  The person making the report and where the person can be reached.

   (11)  A statement of the child’s parents regarding the suspected abuse and a statement or admission of abuse by the alleged perpetrator.

   (12)  The actions taken by the reporting source, including:

     (i)   The taking of photographs and X-rays.

     (ii)   The taking of protective custody.

     (iii)   Notification to the coroner.

     (iv)   The hospitalization of the child.

   The provisions of this §  3490.18 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial pages (211722) to (211723).

 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.

 A required reporter may photograph a child who is the subject of a report and, if clinically indicated, ensure that a radiological examination and other medical tests of the child are performed. A medical summary or report of photographs or X-rays taken shall be sent to the county agency at the time the written report is sent, or as soon thereafter as possible. The county agency shall be provided access to the actual photographs and X-rays and may obtain them or duplicates upon request.

 (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.

 (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.

   The provisions of this §  3490.21 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial page (211724).

DEPARTMENTAL RESPONSIBILITIES

§ 3490.31. Receipt of reports.

 The Department established a single Statewide toll-free telephone number (800) 932-0313—referred to as ChildLine—available at all times to receive reports of suspected child abuse.

   The provisions of this §  3490.31 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial page (211724).

 (a)  ChildLine shall immediately transmit reports of suspected child abuse verbally to the county agency of the county where the suspected abuse occurred. If the child resides in a different county, ChildLine will notify that county also.

 (b)  If the child was allegedly abused in more than one county or on an ongoing basis, ChildLine will assign the report to the county where the most recent alleged abuse occurred.

 (c)  The county agency which receives the report initially is responsible to contact the other counties in subsections (a) and (b) in conducting the investigation. 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. The county which received the report initially shall notify ChildLine of any change so that ChildLine’s records are accurate and up-to-date.

 (d)  If the counties are unable to agree about which one is responsible to conduct the investigation and make the status determination, the county to which the report was assigned shall contact ChildLine and Childline will assign the investigation to a county agency to make a status determination.

 (e)  The report of the investigation shall be submitted to ChildLine within 30-calendar days of when the report was received at ChildLine.

 (f)  The ChildLine report to the county agency shall contain the information on the current report of suspected abuse and the information on file at ChildLine on previous reports except for information obtained by the Department as a result of a request to expunge an indicated or founded report of child abuse or an indicated report of student abuse.

 (g)  If the complaint received does not suggest suspected child abuse but does suggest a need for social services or other services or investigation, ChildLine shall transmit the information to the appropriate county agency or other public agency.

   The provisions of this §  3490.32 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial page (211724).

 ChildLine will establish and maintain the following files for reports of child abuse:

   (1)  A pending complaint file which contains reports of child abuse that are one of the following:

     (i)   Under investigation.

     (ii)   Pending juvenile or criminal court action.

   (2)  A Statewide Central Register which contains the following:

     (i)   Copies of founded and indicated reports of child abuse.

     (ii)   A subfile of the names of perpetrators of indicated and founded reports of child abuse if the individual’s Social Security Number or date of birth is known to the Department. The subfile shall be retained indefinitely.

   (3)  A statistical file which contains copies of reports of suspected, indicated and founded reports of child abuse after information which could directly or indirectly identify a subject of a report has been expunged.

   (4)  A file of unfounded reports awaiting expunction.

   The provisions of this §  3490.33 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial page (211725).

 (a)  Upon receipt of a report of suspected child abuse ChildLine will enter the information specified in section 6336 of the CPSL (relating to information in Statewide Central Register) into the pending complaint file.

 (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.

 (c)  If within 60-calendar days from the date of the initial report of suspected child abuse a status determination has not been received at ChildLine, 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.

 (d)  Unfounded reports shall be expunged at ChildLine within 120-calendar days after the date of the initial report to ChildLine.

 (e)  Reports which are unfounded awaiting expunction may not be released from the pending complaint file except to a subject of a report upon written request, employes of the Department under this subchapter and employes of the Office of Attorney General under section 6345 of the CPSL (relating to audits by Attorney General).

 When a report of suspected child abuse is determined founded or indicated, ChildLine shall enter the report in the Statewide Central Register and expunge the report from the pending complaint file. 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.

   The provisions of this §  3490.35 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial pages (211725) to (211726).

 (a)  ChildLine shall release information to a county agency verbally only when both of the following exist:

   (1)  The county agency is making a report of suspected child abuse.

   (2)  ChildLine has identified that the person is a representative of the county agency.

 (b)  When ChildLine receives a verbal request from a county agency, only the information specified in §  3490.32(f) (relating to ChildLine reporting to the county agency) may be released from the pending complaint file and Statewide Central Register.

 (c)  Upon receipt of a written request from the county agency for information regarding a subject of a report, ChildLine will forward copies of all reports on file which are under investigation, founded or indicated involving that subject to the county agency, except information obtained by the Department in response to a request to amend or expunge an indicated or founded report of child abuse.

   The provisions of this §  3490.36 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial page (211726).

 (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.

 (b)  The name of the person who made the report or who cooperated in the investigation may be released only by the Secretary.

   The provisions of this §  3490.37 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial page (211726).

 The Department may conduct or authorize studies of the data contained in the pending complaint file, the Statewide Central Register, the statistical file, and the county agency files and distribute the results of the studies if no study contains the name of a subject or other information by which a subject of a report can be directly or indirectly identified. Requests to conduct studies shall be made to the Deputy Secretary, Office of Children, Youth and Families of the Department. The researcher shall secure the concurrence of the appropriate county agency administrator to use the county agency files.

   The provisions of this §  3490.38 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial pages (211726) to (211727).

 (a)  Except as provided in subsection (b), ChildLine shall expunge founded and indicated reports when a subject child is 23 years of age or older.

 (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.

   (2)  The date of birth and sex of the child.

   (3)  The dates and the nature and extent of the child abuse.

   (4)  The county in which the child abuse occurred.

   (5)  The relationship of the perpetrator to the child.

   (6)  Whether the report was a founded or indicated report.

   (7)  The results of any criminal prosecution.

 (c)  The information referred to in subsection (b) shall remain in the subfile under §  3490.33 (relating to files).

 (a)  When indicated reports of child abuse are entered into the Statewide Central Register, ChildLine will notify all subjects by first class mail, other than the subject child, of:

   (1)  The status of the report.

   (2)  The perpetrator’s right to request the Secretary to amend or expunge the report.

   (3)  The circumstances under which the report will be expunged.

   (4)  Their right to services from the county agency.

   (5)  The effect of the report upon future employment opportunities in a child care service.

   (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.

 (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 Secretary’s decision, in which case the county agency and all subjects shall be notified.

 (c)  ChildLine will notify the county agency and all subjects of the Secretary’s decision to amend a report of child abuse.

   The provisions of this §  3490.40 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial page (211727).

 When founded reports of child abuse are entered into the Statewide Central Register, ChildLine will notify all subjects by first class mail, other than the subject child, of:

   (1)  The status of the report.

   (2)  The effect of the report upon future employment opportunities in a child care service and a school.

   (3)  The fact that the name of the perpetrator or school employe and nature of the abuse will be kept on file indefinitely if the Social Security Number or date of birth of the perpetrator or school employe is known.

   The provisions of this §  3490.40a adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.

 ChildLine will use the United States Postal Service postmark or the date received by the Department when transmitted electronically to determine when the Department is informed by the county agency of the status determination of a report.

   The provisions of this §  3490.41 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial pages (211727) to (211728).

 (a)  The Secretary may direct that a performance audit be conducted of any activity related to the implementation of the CPSL and this chapter.

 (b)  The Department will determine in its annual licensing and inspection process whether the county agency has sufficiently documented reasons why, if applicable, all child abuse investigations have not been completed within the 30-calendar day period.

 (c)  The Department will provide the results of performance audits and reviews to the affected agencies consistent with the confidentiality provisions of this chapter. Information provided shall include an assessment of compliance with the provisions of this chapter and recommendations relating to practice issues, if appropriate.

   The provisions of this §  3490.42 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial page (211728).

   The provisions of this §  3490.43 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; reserved July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial page (211728).

COUNTY RESPONSIBILITIES

§ 3490.51. [Reserved].

 The county agency shall provide 24-hours-per-day/7-days-per-week telephone access for persons to report suspected child abuse.

 (a)  The county agency is the sole civil agency responsible for receiving and investigating reports of child abuse except reports of abuse allegedly perpetrated by an agent. The county agency shall investigate allegations of abuse of children residing in facilities operated directly by the Department.

 (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.

 (c)  The county agency shall determine the status of reports of suspected child abuse.

 (d)  If the county agency concludes that the child is in danger of further child abuse, the county agency shall do the following:

   (1)  Accept the case for service.

   (2)  Provide direct case management.

   (3)  Monitor the provision of services, whether provided directly by the county agency or through purchase or agreement.

 (e)  The county agency shall provide direct case management of services provided to abused children and their families until the county agency is reasonably assured that the child is no longer in danger of child abuse. The reasons for termination of the county agency involvement shall be recorded in the case record.

   The provisions of this §  3490.53 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial pages (211728) to (211729).

   Expunction Proceedings

 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 county agency may rely on an investigation of substantially the same allegations by a law enforcement agency to support the county agency’s finding regarding a child abuse report. This reliance does not limit the duties required of the county agency by section 6368 of the CPSL (relating to investigation of reports).

   The provisions of this §  3490.54 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial page (211729).

 (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. Upon beginning its investigation, the county agency shall see the child within 24 hours of receipt of the report.

 (b)  The county agency shall begin the investigation immediately upon receipt of a report of suspected child abuse and see the child immediately if one of the following applies:

   (1)  Emergency protective custody has been taken or is needed.

   (2)  It cannot be determined from the report whether or not emergency protective custody is needed.

 (c)  After ensuring the immediate safety of the child and other children in the home, the county agency shall verbally notify ChildLine of the receipt of the report, if it was not received initially from ChildLine.

 (d)  When conducting its investigation, the county agency shall, if possible, conduct an interview with those persons who are known to have or may reasonably be expected to have, information relating to the incident of suspected child abuse including, but not limited to, all of the following:

   (1)  The child, if appropriate.

   (2)  The child’s parents or other person responsible for the child’s welfare.

   (3)  The alleged perpetrator of the suspected child abuse.

   (4)  The reporter of the suspected child abuse, if known.

   (5)  Eyewitnesses to the suspected child abuse.

   (6)  Neighbors and relatives who may have knowledge of the abuse.

   (7)  Day care provider or school personnel, or both, if appropriate.

 (e)  The county agency shall record in writing the facts obtained as a result of the interviews conducted under subsection (d) and any other interviews it conducts.

   (1)  When conducting its investigation, the county agency shall maintain a written record of the facts obtained from each interview it conducts.

   (2)  At the conclusion of its investigation, when the report is determined indicated, founded or unfounded and accepted for services, under §  3490.59 (relating to action by the county agency after determining the status of the report), the county agency shall enter a written summary of the facts obtained from each interview in the case record.

 (f)  When investigating a report of suspected child abuse in which a child has sustained visible injury, the county agency shall, whenever possible and appropriate, take, cause to be taken or obtain color photographs of the injury.

   (1)  Photographs shall include one snapshot in which the child is clearly identifiable with the injured part of the body visible to establish the identity of the child and the actual location and extent of the injury. More than one photograph of the injury shall be taken if it is necessary to obtain a clear close-up of the injury.

   (2)  The county agency shall maintain photographs it secures in the case record. Photographs shall be identified by all of the following:

     (i)   The name of the child.

     (ii)   The age of the child.

     (iii)   The date and time of day the photograph was taken.

     (iv)   The location at which the photograph was taken.

     (v)   The names of witnesses present.

     (vi)   The name of the photographer.

 (g)  When investigating a report of suspected serious mental injury, sexual abuse or exploitation or serious physical neglect, the county agency shall, whenever appropriate, obtain medical evidence or expert consultation, or both. The county agency shall maintain a record of medical evidence or expert consultation, or both, obtained during its investigation, including one of the following:

   (1)  The reasons why medical examination or expert consultation, or both, was secured and the results of the examination/consultation.

   (2)  The reasons why medical examination or expert consultation, or both, was determined not to be necessary.

 (h)  If the investigation indicates serious physical injury, a medical examination shall be performed on the subject child by a certified medical practitioner. 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.

 (i)  When conducting its investigation, the county agency shall visit the child’s home, at least once during the investigation period. The home visits shall occur as often as necessary to complete the investigation and to assure the safety of the child.

 (j)  When investigating cases of suspected child abuse and a subject is located in a county other than where the abuse occurred, the county agency shall either make contact in the county where the subject is located or request the county where the subject is located to conduct the interview. The county agency where the subject is located shall assist in the investigation as required by this section.

   The provisions of this §  3490.55 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended December 27, 1985, effective January 1, 1986, 15 Pa.B. 4629; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial pages (211729) to (211731).

   Miranda Warnings

 (a)  In addition to complying with other applicable sections of the CPSL and this chapter, when investigating a report of suspected child abuse perpetrated by a person who operates, is employed by or acting as a volunteer for a child care service, including a child day care center, a group or family day care home or a residential facility, the county agency, shall, within 24 hours of receipt of the report, verbally notify the following of the content of the report:

   (1)  The person in charge of the facility or child care service where the alleged child abuse occurred.

   (2)  The person in charge of the agency which placed the child.

   (3)  The person in charge of the county agency with custody or supervision of the child.

   (4)  The regional office of the Department that is responsible to license, register or approve the child care service or facility.

 (b)  The person in charge of the child care service or facility shall implement a plan of supervision or alternative arrangements to ensure the safety of the child and other children who are in the care of the child care service or facility during the investigation. 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. 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.

 (c)  The county agency shall inform the persons listed in subsection (a) in writing of the results of the investigation.

 (d)  The county agency shall develop or revise the family service plan as required by Chapter 3130 (relating to administration of county children and youth social service programs) for the child and perpetrator if the report is founded or indicated and the case has been accepted for service.

 (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. The request shall be made within 5-calendar days of when the status determination was made. The person in charge of the child care service or facility shall submit a written response to the county agency within 10-calendar days of the mailing date of the county agency’s letter. If the plan is unacceptable to the county agency, the county agency shall take appropriate action to ensure the safety of the children in the child care service or facility.

 (f)  If the facility or child care service is operated, registered, licensed or approved by the Department, the county agency shall send a copy of the completed form required by §  3490.67 (relating to written reports to ChildLine)—filed with ChildLine—and a copy of the written statement required by subsection (e) to the regional director or the director’s designee in the region where the founded or indicated child abuse occurred.

   The provisions of this §  3490.56 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial page (211731).

 (a)  The county agency shall comply with the Juvenile Act, the CPSL and this chapter when taking a child into custody. Protective custody under this chapter may not be maintained longer than 72 hours without an informal hearing under section 6332 of the Juvenile Act (relating to informal hearing). If, at the informal hearing, it is determined that protective custody shall be continued and the child is alleged to be a dependent child under section 6302 of the Juvenile Act (relating to definitions), the county agency shall within 48 hours of the determination file a petition with the court under the Juvenile Act alleging that the child is a dependent child.

 (b)  The county agency shall request protective custody only if the immediate safety and well-being of the child requires removal from the setting in which the alleged child abuse occurred.

 (c)  A county agency worker may take a child into protective custody only under a specific court order naming the individual child. The county agency staff may not be deputized or use blanket court orders to take children into protective custody.

 (d)  A child taken into protective custody may be placed only in the following locations:

   (1)  A hospital, if hospitalization is medically necessary in the opinion of the attending physician.

   (2)  A home of a relative of the child or other individual who has a significant relationship with the child or the child’s family. The home shall be approved by the county agency for this purpose.

   (3)  A foster family home approved by a licensed foster family care agency.

   (4)  A licensed residential child care facility.

 (e)  If the county agency initiates emergency protective custody, it shall notify the child’s parents as required by §  3490.17 (relating to notifying the child’s parents, guardians or other custodians).

 (f)  Within 48 hours of taking a child into protective custody, the county agency shall do the following:

   (1)  Meet with the child’s parents to assess their ability to assure the child’s safety if the child is to be returned home.

   (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.

   (3)  Determine if services could be provided to the family which would alleviate the conditions necessitating protective custody.

   (4)  Provide or arrange for necessary services.

   (5)  Meet with the parents to advise them of the decision to do one of the following:

     (i)   Return the child to the child’s home.

     (ii)   Explain to the parents the reasons why the child will continue to be held in protective custody and the nature of future legal proceedings including the rights provided under sections 6337 and 6338 of the Juvenile Act (relating to right to counsel; and other basic rights) which are:

       (A)   The right to counsel.

       (B)   The right to introduce evidence and cross examine witnesses at the Juvenile Court hearing.

   The provisions of this §  3490.57 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial page (211732).

 (a)  Except for the subject child, the county agency shall notify the subject who is about to be interviewed of:

   (1)  The existence of the report and the type of suspected abuse.

   (2)  The subject’s 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. Those rights are:

     (i)   The right to counsel.

     (ii)   The right to introduce evidence and cross examine witnesses.

   (3)  The perpetrator’s rights regarding amendment and expunction.

 (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.

   (2)  The rights under sections 6337 and 6338 of the Juvenile Act, when a case goes to juvenile court. Those rights are:

     (i)   The right to counsel.

     (ii)   The right to introduce evidence and cross examine witnesses.

   (3)  The perpetrator’s rights regarding amendment and expunction.

   (4)  The right to obtain a copy of the report from the Statewide Central Register or the county agency.

   (5)  The fact that the report, if determined unfounded, will be expunged from the pending complaint file within 120-calendar days from the date the report was received at ChildLine.

   (6)  The purpose of the law, the implications of the status determination of the report and the services available through the county agency.

   (7)  The effect that a founded or indicated report of child abuse will have on a person seeking employment in a child care service or in a school.

   (8)  That the agency has, will or may make a report to law enforcement officials.

 (c)  The written notice required by subsection (b) may be reasonably delayed if notification is likely to threaten the safety of the victim, the safety of a nonperpetrator subject or the safety of an investigating county agency worker, to cause the perpetrator to abscond or to significantly interfere with the conduct of a criminal investigation. The written notice shall be provided to all subjects prior to the county agency determining the status of the report and regardless of where the person lives.

 (d)  Except for the subject child, the county agency shall notify all subjects in writing of one of the following when the county agency determines that the report is unfounded:

   (1)  The information will be kept on file at the county agency and clearly identified as an unfounded report of suspected child abuse when the family has been accepted for services.

   (2)  The report is unfounded and because the family has not been accepted for services that all information will be expunged at the county agency upon notification from ChildLine and that the report will be expunged from the pending complaint file within 120-calendar days of receipt of the report at ChildLine.

 (e)  The county agency shall provide the notification required under subsection (d) when it notifies ChildLine of the status of the report.

   The provisions of this §  3490.58 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial page (211733).

   Retroactive Application

 (a)  If the report is determined founded, indicated or unfounded and the family has been accepted for service, the county agency shall develop and implement a family service plan and conduct plan reviews under Chapter 3130 (relating to administration of county children and youth social service programs).

 (b)  If the report is unfounded and not accepted for services but the family is in need of services, other than those provided by the county agency, the county agency shall advise the subjects of the services available.

   The provisions of this §  3490.59 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial page (211733).

 In addition to those services required in Chapter 3130 (relating to administration of county children and youth social service programs) the county agency shall provide, arrange or otherwise make available the following services for the prevention and treatment of child abuse:

   (1)  Emergency medical services which include appropriate emergency medical care for examination, evaluation and treatment of children suspected of being abused.

   (2)  Self-help groups to encourage self-treatment of present and potential abusers.

   (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.

     (ii)   Provide or recommend comprehensive coordinated treatment.

     (iii)   Periodically assess the relevance of the treatment and the progress of the family.

     (iv)   Participate in the State or local child fatality review team authorized under section 6340(a)(4) and 6343(b) of the CPSL (relating to release of information in confidential reports; and performance audit), convened by a professional, organization and the county agency for the purpose of investigating a child fatality or the development and promotion of strategies to prevent child fatality.

   The provisions of this §  3490.60 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial page (211734).

 (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. The supervisor shall maintain a log of these reviews which at a minimum shall include an entry at 10-calendar day intervals during the investigation period.

 (b)  When a case has been accepted for service and a family service plan has been developed under Chapter 3130 (relating to the administration of county children and youth social service programs), the county agency supervisor shall, within 10-calendar days of the completion of the family service plan, review the plan to assure that the level of activity, in person contacts with the child, oversight, supervision and services for the child and family contained in the plan, are consistent with the level of risk determined by the county agency for the case. Documentation of this review shall be in the case record.

 (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. The contacts may occur either directly by a county agency worker or through purchase of service, by phone or in person but face-to-face contacts with the parent and the child must occur as often as necessary for the protection of the child but no less often than:

   (1)  Once a week until the case is no longer designated as high risk by the county agency, if the child remains in or returns to the home in which the abuse occurred and the county agency has determined a high level of risk exists for the case.

   (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.

     (ii)   Not at a high risk of abuse or neglect.

 (d)  A periodic assessment of the risk of harm to the child shall be conducted as required by the State-approved risk assessment process.

 (e)  The county agency shall monitor the provision of services and evaluate the effectiveness of the services provided under the family service plan under §  3130.63 (relating to review of family service plans). 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.

 (f)  The family service plan shall contain a provision that requires the parents advise the county agency, within 24 hours, when the child or family move from one residence to another.

 If the child is a victim of one substantiated incident of child abuse and the county agency receives a subsequent report of suspected child abuse, the county agency administrator or supervisor shall arrange for a review by the multidisciplinary team as required by §  3490.60 (relating to services available through the county agency). 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. The county agency shall modify the family service plan, if necessary and appropriate, to reflect the recommendations of the multidisciplinary team and implement action necessary to fulfill the recommendations.

 (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.

 (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:

   (1)  Pending juvenile court action.

   (2)  Pending criminal court action.

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

 (c)  The county agency shall submit a new CY-48 to ChildLine as required in subsection (a) when a final status determination is made under subsection (b).

 (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 provisions of this §  3490.67 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial pages (211736) to (211737).

 (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).

 (b)  If the county agency has determined that a report is unfounded, the status of the report may not be changed subsequently to founded or indicated. If additional information surrounding the incident becomes available, the county agency shall file a new report with ChildLine.

 When the CY-48 form is not filed with ChildLine within 60-calendar days of receipt of the report by ChildLine, the report shall be unfounded.

   The provisions of this §  3490.69 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial page (211737).

   Accrual Date

   The date on which the known perpetrator of child abuse is reported to the Department’s 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. Cumberland County Children and Youth Services v. Department of Public Welfare, 611 A.2d 1339 (Pa. Cmwlth. 1992).

 The county agency shall amend or expunge a record of child abuse upon notification from ChildLine. The county agency shall expunge all information in its possession in unfounded, founded and indicated reports of child abuse upon notification from ChildLine. The county agency shall notify those to whom it gave information to take similar action.

 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. When appropriate, because of the age or mental and emotional condition of the child, the guardian ad litem in addition to representing the best interests of the child shall also determine the wishes of the child concerning the proceedings and shall communicate this information to the court.

 The county agency shall petition the court if one of the following applies:

   (1)  Placement or continued placement of a child is necessary.

   (2)  A subject of the report of suspected child abuse refuses to cooperate with the county agency in an investigation, and the county agency is unable to determine whether the child is at risk.

   (3)  The parents refuse services, and the county agency determines that services are in the best interests of the child.

   The provisions of this §  3490.73 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial page (211738).

   Probable Cause

   Department of Public Welfare regulations required Children and Youth (C & Y) to make at least one home visit during a child abuse investigation and if home visit was refused, C & Y was required to petition court to order the home visit; however, for court to grant petition, request must be based on probable cause that an act of child abuse or neglect had occurred. In Re Petition to Compel Cooperation, 875 A.2d 365, 374 (Pa. Super. 2005).

CHILD ABUSE BY AGENTS OF THE
COUNTY AGENCY

§ 3490.81. Responsibilities of the Department and the county agency.

 (a)  When the suspected abuse has been committed by an agent of the county agency, the regional staff shall investigate the report under section 6362 of the CPSL (relating to responsibilities of county agency for child protective services) and this chapter. The regional staff may not do any of the following:

   (1)  Take protective custody.

   (2)  Petition the court.

   (3)  Provide services.

 (b)  If a report is determined indicated or founded and the regional staff determines that services are necessary, the regional staff, the county agency in the county where the abuse occurred and the county agency with custody or supervision of the child, if different, shall plan for social and rehabilitative services for the child and perpetrator. The plan shall identify which county is responsible for case management.

 (c)  Regional staff shall conduct the investigation regardless of the relationship of the agent to the subject child.

   The provisions of this §  3490.81 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial pages (211738) to (211739).

CONFIDENTIALITY

§ 3490.91. Persons to whom child abuse information shall be made available.

 (a)  Reports, report summaries and other accompanying information obtained under the CPSL and this chapter in the possession of the Department and a county agency are confidential. Except for the subject of a report, persons who receive information under this section shall be advised that they are subject to the confidentiality provisions of the CPSL and this chapter, that they are required to insure the confidentiality and security of the information and that they are liable for civil and criminal penalties for releasing information to persons who are not permitted access to this information. This material shall only be released under the CPSL and this chapter and be made available only to the following:

   (1)  An authorized official of a county agency or of an agency of another state that performs protective services analogous to those services performed by county agencies or the Department in the course of the official’s duties, multidisciplinary team members assigned to the case and authorized persons providing services by referral or under section 6364 of the CPSL (relating to purchasing services of other agencies). The name of the person who made the report or cooperated in the investigation may be released to county agencies in this Commonwealth and out-of-State agencies providing protective services provided they have a legitimate need to know this information to protect the child and the person requesting the information can assure the confidentiality of the identity of the persons who made the report or cooperated in the investigation.

   (2)  A physician examining or treating a child or the director of a hospital or medical facility treating a child, if the physician or the director of a hospital or medical facility suspects the child of being an abused child.

   (3)  A guardian ad litem and court designated advocate for the child.

   (4)  An authorized official or agent of the Department including the following:

     (i)   The Secretary.

     (ii)   Deputy Secretaries of the Department and designated staff, in cases involving alleged or actual abuse of children in facilities or programs under their jurisdiction.

     (iii)   ChildLine staff.

     (iv)   Authorized officials or agents of the Department who are conducting a performance audit as authorized under section 6343 of the CPSL (relating to investigating performance of county agency) and this chapter.

   (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.

     (i)   When the Department receives a written request under this paragraph, ChildLine will send to the court copies of the Report of Suspected Child Abuse (CY-47); the ChildLine Report of Suspected Child Abuse and Neglect For ChildLine Use Only (CY-47C); the Child Protective Service Investigation Report (CY-48); and the Child Protective Service Supplemental Report (CY-49) on file at ChildLine involving the subject child, the child’s siblings and their parents.

     (ii)   If the court requests specific files or information that is not on file at ChildLine, ChildLine will notify the county agency administrator to provide the information directly to the court.

   (6)  A standing committee of the General Assembly, under section 6384 of the CPSL (relating to legislative oversight).

   (7)  The Attorney General.

   (8)  Federal auditors, if required for Federal financial participation in funding of agencies, but Federal auditors may not remove identifiable reports or copies of them from the Department or county agencies.

   (9)  Law enforcement officials of any jurisdiction inside or outside of this Commonwealth if the information is relevant in the course of investigating cases of:

     (i)   Homicide, sexual abuse or exploitation, or serious bodily injury perpetrated by persons whether or not related to the victim.

     (ii)   Suspected child abuse perpetrated by persons who are not family members.

     (iii)   Repeated physical injury to a child under circumstances which indicate that the child’s health or welfare is harmed or threatened.

     (iv)   A missing child report.

   (10)  Law enforcement officials who shall immediately receive reports of suspected child abuse from the county agency, when the initial report or initial review by the county agency gives evidence that the alleged child abuse is one of the following:

     (i)   Homicide, sexual abuse or exploitation, or serious bodily injury perpetrated by persons whether or not related to the child.

     (ii)   Child abuse perpetrated by persons who are not family members.

   (11)  Designated county officials in reviewing the competence of the county agency or its employes under the CPSL and this chapter. Officials under this paragraph are limited to the following:

     (i)   The board of commissioners in counties other than counties of the first class.

     (ii)   The mayor of a city of the first class under the act of April 21, 1949 (P. L. 665, No. 155), known as the First Class City Home Rule Act.

     (iii)   An individual serving as a county chief executive as designated by a county home rule charter or optional plan form of government under the act of April 13, 1972 (P. L. 184, No. 62), known as the Home Rule Charter and Optional Plans Law.

   (12)  A subject of the report upon written request.

   (13)  A person, agency or institution, upon written consent of all subjects of the report may receive a copy of the reports on file with the county agency and ChildLine.

   (14)  Individuals authorized by the Department to conduct studies of data, if the study does not contain the name or other information by which the subjects of reports may be identified.

   (15)  Required reporters of suspected child abuse whose access to information is limited to the following:

     (i)   The final status of the report following the investigation, whether it be indicated, founded or unfounded.

     (ii)   Services provided or arranged by the county agency to protect the child from further child abuse. This information may be released to the required reporter at any time after the report of suspected child abuse has been made.

   (16)  A prospective adoptive parent, approved by an adoption agency, when considering adopting an abus