§ 3490.58. Notifications.

 (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.

Source

   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).

Notes of Decisions

   Retroactive Application

   Department regulations requiring notification of person cited are not applied retroactively; failure to notify petitioner is not a violation of due process. K. S. v. Department of Public Welfare, 564 A.2d 561 (Pa. Cmwlth. 1989).



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