3513. (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. How Long Does a CPS Case Last? (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. The following words and terms, when used in this section and 3490.1223490.127 (relating to verification of the existence of child abuse and student abuse records for child care services) have the following meanings, unless the context clearly indicates otherwise: (b)Upon written request, a defendant in a criminal proceeding is entitled to the child abuse information in the possession of a county agency in accordance with applicable law. The child(ren) will be determined to be either: If SAFE and maltreatment allegations are unsubstantiated, the case will be closed. (5)The CPSL, 23 Pa.C.S. 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. (a)ChildLine shall immediately transmit reports of suspected child abuse verbally to the county agency of the county where the suspected abuse occurred. (G)Persons residing in the home of foster or preadoptive parents. (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. RCW 74.13.031 Duties of department, Child welfare services Children's services advisory committee. . 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. A.Y. Contact a Lampasas Child Protective Services attorney to discuss your CPS investigation, ensure that your rights are protected, and prevent the agency from taking your children from you. 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: (ii)Pending juvenile or criminal court action. (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. (d)The Department will reply to requests for voluntary certification by providing the following: (1)A copy of the report of criminal history record information from the Pennsylvania State Police. The provisions of this 3490.16 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (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. 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. (c)The provisional period may not exceed: (1)Thirty-calendar days for residents of this Commonwealth. (h)Parties to a hearing held under this section have 30-calendar days from the date of the final order of the Bureau of Hearings and Appeals to request the Secretary to reconsider the decision or appeal the final order to the Commonwealth Court. 3513. 4629; amended April 27, 1990, effective April 28, 1990 and apply retroactively to January 5, 1988, 20 Pa.B. These evaluations must determine, conclusively, that a safe home exists, that caregivers have made sufficient progress in caregiver capacity, and can adequately meet the needs of their children. The Family Functioning Assessment is designed to collect enough in-depth information about the child and family to make decisions and take any actions CPS determines necessary. (6)Encourage more complete reporting of suspected child abuse. AdministratorA person hired by or under contract with a legal entity to be responsible for the management and operation of a child care service. (8)That the agency has, will or may make a report to law enforcement officials. In proceeding to expunge name of suspected abuser from child abuse registry, hearsay testimony in conjunction with admissible corroborative evidence of the act in question can in toto constitute substantial evidence which will satisfy the agencys burden to justify a conclusion of abuse. Prior to face-to-face contact or investigative interviews with children or youth, caseworkers and LD CPS investigators must: Coordinate with local LE per County Child Abuse, Fatality and Criminal Investigations Protocols, when applicable. If the child is at immediate risk of harm, the investigator will remove the child and then seek a court order. 3513. (b)The maximum period of employment allowed for a provisional employe is as follows: (1)Thirty calendar days for an applicant residing in this Commonwealth. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Review cases involving intercountry adoptions and complete the following once the IAs are approved: Complete the Washington State Unregulated Child Custody Report for the United States Department of State DCYF 09-035 form. (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: (2)The childs parents or other person responsible for the childs welfare. Family membersSpouses, parents and children or other persons related by consanguinity or affinity. 3513. Prior to allowing contact between the alleged perpetrator and victim: Consider the psychological harm and physical safety of the children or youth. (b)The name of the person who made the report or who cooperated in the investigation may be released only by the Secretary. (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). Status determinationThe 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. (4)Sexual assault as defined by section 3124.1 (relating to sexual assault). 62), known as the Home Rule Charter and Optional Plans Law. The goals of both responses are to: t Assess child safety. (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 Secretarys decision, in which case the county agency and all subjects shall be notified. (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. The Departments 45-day period during which a subject must request a hearing is not applicable when the Department refuses rather than grants a subjects request for expungement under 23 Pa.C.S. 2535(a). (b)Information received by a legal entity, an administrator, the Department or the Department of Health under 3490.124 (relating to Departmental procedures for replying to a request for verification) is confidential and the legal entity, administrator, the Department and the Department of Health are subject to 3490.102 (relating to criminal liability for breach of confidentiality). LD CPS employees, within 45 days from the date the allegations were reported. TransferA change from one position to another. No part of the information on this site may be reproduced for profit or sold for profit. Request for verificationA request to the Statewide Central Register from an applicant, operator of a child care service, foster parent or adoptive parent or a child caretaker seeking voluntary certification to determine whether the applicant is named as a perpetrator in an indicated or founded report of child abuse. 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. Non-residents may call This can lead to CYS: Social Services is not required to complete an investigation within 30 days. As a parent who is being investigated by Child Protective Services (CPS), you need to understand what to expect during the investigation. t Strengthen and support families, whenever possible. Child abuse. 500 Help, Texas Child Protective Services is Investigating It can be scary when a Texas Child Protective Services (CPS) Investigator contacts you. (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. (ii)The term also includes the Departments Office of Children, Youth and Families regional offices when the report of suspected child abuse or student abuse involves an agent of the county agency. Immediately preceding text appears at serial page (229422). (6)Reports shall be made verbally under policies and procedures developed in conjunction with the district attorney and other law enforcement officials. (e)An administrator, or other person responsible for hiring decisions, may not hire or contract with an applicant, nor may a prospective operator be issued a certificate of compliance or registration if the applicants report of criminal history record verification or the report of child abuse record information was obtained more than 1 year prior to the date of application. (e)A request for voluntary certification from the Department may be made no more frequently than every 2 years. Individual residing in the same home as the childAn individual who is 14 years of age or older and who resides in the same home as the child. PerpetratorA 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 childs parent. If additional information surrounding the incident becomes available, the county agency shall file a new report with ChildLine. 7. 2004). A judicial adjudication in a criminal case occurs when an appealable judgment of sentence is imposed; under this interpretation, a suspension of the 60-day investigation/final determination period does not end with the entry of a plea in a criminal case, rather, the suspension may continue until a final, appealable judgment of sentence is imposed. For instance, DSS may extend an investigation past 45 days if medical exams or forensic exams must be completed prior to DSS making a case decision. (b)An administrator may employ an applicant on a provisional basis if the following apply: (1)The applicant attests in writing by oath or affirmation that he has submitted a request for a clearance statement and is not disqualified under 3490.132. When a report is received and CPS is notified, the following is expected to occur: Report Filing Serious physical neglectA physical condition caused by the act or failure to act of a perpetrator which endangers the childs life or development or impairs the childs functioning and is the result of one of the following: (i)Prolonged or repeated lack of supervision. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Houston Office. 3513. Consult with LE, treatment providers, and others involved with the family. CPS investigates the report. DCYF will complete investigations on screened-in intakes for allegations of CA/N in the following timeframes, unless law enforcement (LE) has determined additional time is needed, per County Child Abuse, Fatality and Criminal Investigations Protocols. Call or email for a confidential consultation. N. B. v. Department of Public Welfare, 527 A.2d 623 (Pa. Cmwlth. When the plan is approved by the county agency, the county agency shall immediately send a copy of the approved plan to the appropriate regional licensing director or designee. (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. (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. The provisions of this 3490.104 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. REPORTING CHILD ABUSE ChiidLine and Abuse Registry ChildLine is the 24-hour toll-free telephone line, 1-800-932-0313, (1-800-932-0316 for the hearin.g impaired), established by the CPSL to receive reports of suspected child abuse and to relay the information to the appropriate CPS or regional office for investigation. One or both caregivers lack parenting knowledge, skills, or motivation which affects child safety. To learn more about the CYS investigation process and your rights as a parent, call our Pittsburgh CYS lawyers at Pittsburgh Divorce & Family Law, LLC at (412) 471-5100 right away. The parent or caregiver who abused or neglected the child will have to take specific steps to bring the child back home. (g)The administrator shall make a copy of the clearance statement and place it in the employes personnel record. Child Protective Services (CPS) is the first step to ensure the safety and permanency of children who are reported as being abused or neglected. Law enforcement officialThe term includes the following: (vii)A local or municipal police officer. 3513. Recent act or failure to actAn 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. (a)Section 3490.132 (relating to responsibilities of an administrator) does not apply to a person working in a school who meets the following conditions: (2)Is participating in a job development or job training program. 4629; amended April 27, 1990, effective April 28, 1990, 20 Pa.B. Information relating to prospective school employes. The social worker produced enough evidence, through the childs medical history, psychological evaluations of the family members and interviews with relevant parties to establish that the report was accurate and the Department properly refused to expunge the indicated report of child abuse. What Is Considered Child Abuse in North Carolina? Immediately preceding text appears at serial page (211750). (2)Lay off or place the provisional employe on leave with or without pay until the clearance statement is received. Document and submit an extension on the Extension/Exception tab in FamLink when requesting extensions on investigations remaining open beyond 90 calendar days from the date the intake is received due to LE or prosecutor collaboration to their supervisor. (2)A home of a relative of the child or other individual who has a significant relationship with the child or the childs family. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. (i)When conducting its investigation, the county agency shall visit the childs home, at least once during the investigation period. Immediately preceding text appears at serial pages (211749) to (211750). In most instances, Child Protective Services has approximately 45 days to investigate reports of neglect, dependency and abuse. The provisions of this 3490.14 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. Professional crisis counselors are available 24 hours a day, 7 days a week, in over 170 languages. Re-evaluate status of childs previously identified needs, 7. Referrals may be made for court-ordered parenting classes, mental health treatment, drug and alcohol services, and other interventions. A child placed in foster care, who alleges abuse while in care, has the right to access documents that pertain to the foster care stay; however, the child does not have an unlimited right to access the entire file. Based on the Family Functioning Assessment, Present Danger Assessment, and Impending Threat Assessment (regardless of whether or not abuse or neglect occurred), a determination will be made regarding whether or not the family will have a case opened for ongoing CPS. CPS Timeline Child Protective Services (CPS) An overview of the timeline of Child Protective Services involvement. More than one photograph of the injury shall be taken if it is necessary to obtain a clear close-up of the injury. Day care operators argument that because neither the childs mother nor the childs doctor testified regarding any pain, the Department of Public Welfare failed to sustain its burden of proof under this regulation was rejected. (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. (ii)The term includes a babysitter, scout leader or den parent. Request by a perpetrator to amend or expunge an indicated report of child abuse received by ChildLine after June 30, 1995. 3513. (c)In the course of approving a prospective foster parent, a foster family care agency shall require a prospective foster parent to submit the information in section 6344 of the CPSL for review by the foster family care agency under subsection (d). (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. If the investigation takes longer than 45 days the agency must promptly notify the family about the extension. (c)The request shall be made to the Secretary and postmarked within 45-calendar days of the date of the notification letter from the Secretary to either grant or deny the request to expunge the report. (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. The Secretary, after ordering a record to be amended or expunged, shall advise ChildLine of the decision. When the CPS investigator comes to your home they are likely to do the following: Interview your child and you. Please list any special contact instructions. If the person is named as a perpetrator of an indicated or founded report of child abuse or a school employe responsible for student abuse, the response will include the following information: (1)The number of indicated or founded reports of child abuse and student abuse in which the person is named. 3513. (b)Appeals shall be in writing to the Secretary and be postmarked within 45-calendar days from the date of the Secretarys notification letter to either grant or deny the request. (b)The clearance statement under subsection (a) is not required for an applicant who meets the following conditions: (1)Transfers from one position as a school employe to another position as a school employe of the same school district or of the same organization. If it is an emergency, CYS personnel or local law enforcement may remove the child from the home immediately and then seek a court order approving the removal. 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). If the investigator determines that the child would be at immediate risk of harm if they remained with the parents, the investigator may ask the parents to agree to have the child removed from their care to place them into the care of a relative or family friend. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Release of information to a subject of a report. Immediately preceding text appears at serial pages (211737) to (211738). (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. (ii)Was employed prior to January 1, 1986, and was not required to submit the requests for clearances. (b)Prospective child care service employe applicants, prospective adoptive and foster parents, prospective administrators and prospective operators of child care services, and any person seeking voluntary certification may request and receive information concerning whether there exists on file in the Statewide Central Register indicated or founded reports of child abuse naming the person as perpetrator of child abuse under section 6344 of the CPSL (relating to information relating to prospective child-care personnel). 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 1992); appeal denied 619 A.2d 701 (Pa. 1993). Investigators usually have 45 days to complete an investigation. The case may be screened out with the dismissal of the allegation.