Fax: (919) 882-1004. (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. (4)An authorized official or agent of the Department including the following: (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. 3513. Certified medical practitionerA licensed physician, a licensed physicians assistant or a certified registered nurse practitioner. Pending criminal court actionThe status assigned to a report when the county agency cannot complete the investigation within 30-calendar days because criminal court action has been initiated. 4547; amended April 27, 1990, effective April 28, 1990 and apply retroactively to January 5, 1988, 20 Pa.B. (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. The focus of CPS is on protecting the child from harm or risk of harm and to make it safe for the child to live with the parent or caretaker. 3513. How long does a CPS investigation last? (a)Except for the release of the identity of the persons who made a report of suspected child abuse or cooperated in the investigation under 3490.91(a)(9) and (10) and 3490.92(a)(3) (relating to persons to whom child abuse information shall be made available; and requests by and referrals to law enforcement officials), the release of data that would identify the person who made a report of suspected child abuse or person who cooperated in a subsequent investigation is prohibited, unless the Secretary finds that the release will not be detrimental to the safety of the person. Commonwealth v. Ramos, 532 A.2d 465 (Pa. Super. Immediately preceding text appears at serial pages (211751) to (211752). Father is not entitled to expungement of indicated report of child abuse when substantial evidence indicates that he touched his daughters 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. Required reporters. 3. Do not hesitate to discuss your case with our attorneys at The Law Office of Brett H. Pritchard by calling (254) 781-4222 or contacting us online now. (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. CPS investigations typically last about 30 days. (c)An applicant shall show the original clearance statement to the administrator and permit a copy to be made. If children or youth are examined or were previously examined by a physician who is not affiliated with the Med-Con or a CAC, refer the case to the Med-Con or CAC physician so they are aware of: Indications they have been abused or neglected in the past. Written reports shall be made on forms developed by the Department. (f)The burden of proof in hearings held under this section is on the appropriate county agency. (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. Immediately preceding text appears at serial page (211722). 9. Accept for serviceThe 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. 3490.18. 1987). (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). (ii)The mayor of a city of the first class under the act of April 21, 1949 (P. L. 665, No. (a)An applicant shall submit a request for a clearance statement to the Department on the form provided by the Department. If UNSAFE, a Temporary Protection Plan or Safety Plan may be implemented and a case will be opened for ongoing CPS. Direct contact with childrenAccess to children by a paid employe of or person under contract with a child care service who has routine and unsupervised access to children in the course of carrying out the employes responsibilities in a child care service. 3490.15. (c)The Department will provide the results of performance audits and reviews to the affected agencies consistent with the confidentiality provisions of this chapter. The information is limited to the county agency record from the date the report was made to the date the county agency determined the status of the report. (d)A periodic assessment of the risk of harm to the child shall be conducted as required by the State-approved risk assessment process. 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. Child care providers and other caregivers, abusive children, registered sex offenders, individuals on the state police child abuse and neglect registry, group residential and foster families, school personnel, religious personnel, as well as any other non-caregivers may also be investigated. (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. (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. Voluntary certification of child caretakers. In general, when an investigation is opened, CPS must determine whether a child faces immediate or long-term danger in the home. CPS or police judge the information to be inaccurate or false. Child fatality, child physical abuse, and criminal child neglect cases. Immediately preceding text appears at serial page (211733). 3513. Adjust the Safety Plan to ensure child safety in the LEAST INTRUSIVE MANNER, 5. Immediately preceding text appears at serial page (211733). (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. The provisions of this 3490.65 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. The alleged neglect includes concerns that children or youth are being deprived of food, underweight, or starved. (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. (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. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. (6)A standing committee of the General Assembly, under section 6384 of the CPSL (relating to legislative oversight). 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. (b)The name of the person who made the report or who cooperated in the investigation may be released only by the Secretary. However, CYS must conduct an investigation and complete it in a timely manner. (2)The parent has been convicted of a crime under section 6344 of the CPSL or an equivalent out-of-State crime as determined by the Department. (2)Requests shall indicate that the child abuse information is needed by the law enforcement official in the course of investigating a case of the following: (i)Homicide, sexual abuse or exploitation, or serious bodily injury, perpetrated by persons whether or not related to the victim. Immediately preceding text appears at serial page (211723). During this stage, the CPS investigator will take the following steps to conduct a thorough investigation: Interview the people familiar with the child, including their teachers and doctor, Run a criminal background check on the person or people who allegedly abused or neglected the child, Determine if the child is at immediate risk of danger. (iii)LicensedPrivate academic schools that are licensed by the Department of Education (includes residential facilities that hire their own staff to teach residents of the facility). Non-residents may call 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. The CPS safety assessment and investigation process allows Child Welfare Services (CWS) to have direct involvement with a family to identify problems and provide services, either directly or indirectly, that protect children and assist the family. (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. (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. 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. 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. If CYS shows up at your home and informs you they have received a report of child abuse or neglect, contact an experienced CYS lawyer from Pittsburgh Divorce & Family Law, LLC immediately. Person responsible for the childs welfare. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Filing of a written report by a required reporter. Contact us today. (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. Child is perceived in extremely negative terms by one or both caregivers. The identity of the person who made the report or a person who cooperated in a subsequent investigation may be released only under 3490.94 (relating to release of the identity of a person who made a report of child abuse or cooperated in a subsequent investigation). Regional staffDepartment employes who license and monitor public and private children and youth social service agencies and facilities within a specific geographical area of this Commonwealth. When conducting interviews: Caseworkers must notify children or youths parents or guardians: Of any CA/N allegations made against them at the initial point of parent or guardian contact, while maintaining the: Confidentiality of the person making the allegations. Criminal liability for breach of confidentiality. (a)Requests for verification received on forms provided by the Department with a check or money order payable to the Department of Human Services in the amount charged by the Department will be processed. 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. Division determines that a family is in need of services. West Virginia uses the Safety Assessment Management System (SAMS). (16)A prospective adoptive parent, approved by an adoption agency, when considering adopting an abused child in the custody of a county agency. After hours, or if a child is in imminent 3513. Ph: 610-278-5800 Fx: 610-278-5898. Human Services Center 1430 DeKalb Street Norristown, PA 19404 PO Box 311. v. Children & Youth Services of Delaware County, 686 A.2d 872 (Pa. Cmwlth. (iii)Repeated physical injury to a child under circumstances which indicate that the childs health or welfare is harmed or threatened. Following the opening of an Ongoing CPS case, additional CPS actions may include (as applicable): -Referral to Multi-Disciplinary Investigative Team, -Temporary Protection Plan (Present Danger). Department regulations requiring notification of person cited are not applied retroactively; failure to notify petitioner is not a violation of due process. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. This section cited in 55 Pa. Code 3490.94 (relating to release of the identity of a person who made a report of child abuse or cooperated in a subsequent investigation); and 55 Pa. Code 3800.20 (relating to confidentiality of records). Immediately preceding text appears at serial page (211728). A Pennsylvania Office of Children, Youth and Family Services (CYS), often called Child Protective Services (CPS), investigation begins when social services or the police receive a report of suspected child abuse or neglect. The home visits shall occur as often as necessary to complete the investigation and to assure the safety of the child. (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. An intake assessment must occur within 0-24 hours if the child may be in Present Danger due to specific maltreatment, child, parent, and/or family-related dangers (including multiple injuries, face/head injuries, serious injury, numerous victims, life-threatening living arrangements, unexplained injuries, the bizarre parental viewpoint of child, extended unsupervised periods, a child in need of medical attention, fearful/anxious child, intoxicated, dangerous, or out of control parent unable to provide care, failure to perform parental responsibilities, presence of family violence (D-LAG indicators), and/or a report indicating that the family is transient or may flee/hide the child. Release of information on prior child abuse reports. (2)The county in which the suspected abuse occurred. 2005). (c)The notification from the Secretary will be sent by first-class mail. (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. Immediately preceding text appears at serial pages (236833) and (211721). Contact us online or call (412) 471-5100 to schedule your initial confidential consultation. Guidelines and procedures may include off-post families. Investigation Response A child abuse or neglect investigation is . 4629; amended April 27, 1990, effective April 28, 1990 and apply retroactively to January 5, 1988, 20 Pa.B. (a)An administrator, or other person responsible for employment decisions in a child care facility or program who willfully fails to comply with section 6344 of the CPSL (relating to information relating to prospective child-care personnel) is subject to civil penalty not to exceed $2,500. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Re-evaluate status of childs previously identified needs, 7. Immediately preceding text appears at serial pages (211739) to (211740) and (229421). (g)The administrator shall make a copy of the clearance statement and place it in the employes personnel record. To determine whether an incoming allegation meets the criteria for assessment/investigation and is appropriate for Child Protective Services (CPS). 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. One of a parent's worst nightmares is to have the Pennsylvania Office of Children, Youth and Family Services (CYS), often called child protective services (CPS), show up on their doorstep. Not approved, return case to caseworkers for continued work with instructions of what work needs to be completed before resubmitting for transfer or closure. (3)The age and sex of the subjects of the report. Requests to conduct studies shall be made to the Deputy Secretary, Office of Children, Youth and Families of the Department. CPS accepts reports of known and suspected child abuse and neglect and intervenes at the homes of these children 24 hours a day, seven days a week. 3513. (ii)RegisteredNonpublic (religiously affiliated schools). The Secretary will notify the perpetrator, the county agency and other subjects in writing as follows: (1)Except the subject child, all other subjects of the report when the decision is to grant the request. The provisions of this 3490.11 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (4)The county agency shall release the information under 3490.91(a)(15) when requested by a required reporter. C. F. v. Department of Public Welfare, 804 A.2d 755 (Pa. Cmwlth. Typically, a social worker will meet with the children and parents within the first few days of the investigation beginning, however these interviews will quickly expand to collateral witnesses and medical personnel if needed as a case develops. The alleged CA/N cannot be reasonably attributed to the explanation and a diagnostic finding would clarify the assessment of risk or determine the need for medical treatment. The SCR receives calls 24 hours a day, every day from two types of sources: persons who are required by law (mandated) to report suspected cases of child abuse and maltreatment; and calls from non-mandated reporters, including the public. This section cited in 55 Pa. Code 3490.121 (relating to definitions). When a cause is found to intervene, which typically follows every report alleging known or suspected child abuse, child neglect, and child endangerment, CPS involvement includes the following: Intake of the child begins immediately, or within 14 days when a report of child abuse or neglect is received by CPS. (2)Only the perpetrator when the decision is to deny the request. (F)Staff and volunteers of county detention centers. All other allegations of child abuse or neglect are investigated within 14 days. The provisions of this 3490.92 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. A staff member of the Department or county agency who willfully violates the CPSL and this chapter is subject to disciplinary action, including dismissal. The provisions of this 3490.127 adopted April 27, 1990, effective April 28, 1990 and apply retroactively to January 5, 1988, 20 Pa.B. . Investigation | The Crown Prosecution Service Investigation The next stage is investigation, where the police gather evidence. My Spouse Lied While Drafting a Prenup. One or both caregivers lack parenting knowledge, skills, or motivation which affects child safety. If Child Protective Services launched an initial or full-on investigation into your family after a report of child abuse or neglect, it is in your best interests to contact a knowledgeable CPS attorney to protect your rights. 2286; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. It includes: -Reviewing all available information and reports to determine the best course of action, -Developing a plan to privately interview child and secure assistance from law enforcement or any other entity required to help, -Making arrangements for a joint law enforcement/prosecuting attorney/medical examiner investigation as deemed necessary, -Referrals to WV State Police Child Abuse Unit, as deemed necessary. 2286; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Copyright @ 2023 Pittsburgh Divorce & Family Law, LLC -. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Photographs shall be identified by all of the following: (iii)The date and time of day the photograph was taken. When Child Protective Services receives a complaint of child abuse or neglect, the agency launches an initial investigation to assign the appropriate level of response to the case, depending on its urgency. (2)Chapter 63 of 42 Pa.C.S. A Family Case Plan Evaluation must: 1. This section cited in 55 Pa. Code 3490.121 (relating to definitions); 55 Pa. Code 3490.125 (relating to voluntary certification of child caretakers); and 55 Pa. Code 3490.126 (relating to sanctions). (b)The other subjects of the report and the county agency may appeal the Secretarys decision to grant the request to expunge the report. Ask for the child's medical . (2)Ninety calendar days for an out-of-State applicant. (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. 3513. The maximum penalty for a misdemeanor of the third degree is $2,500 and/or one year in jail; for a misdemeanor of the second . (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: (3)Indicated, when there is substantial evidence that the child was abused. Refusal to sign the plan may lead to placing the child in foster care. The provisions of this 3490.31 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 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. Drug Paraphernalia. Investigations are not to exceed 90 days unless law enforcement is involved. The provisions of this 3490.39 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 2023 United Way of Pennsylvania. Immediately preceding text appears at serial page (211752). This may include: -Does not meet the operational or legal definition of abuse or neglect, -Insufficient information provided to locate family, Referrals to community resources, as needed, -Alleged abuse or neglect is recorded in the file, -Case accepted with a referral for Family Functioning Assessment, Child Protective Services must accept for assessment any report which suggests that assuming the reporters perceptions are true, an individual between birth and 18 years of age may have been subject to treatment which meets the definition of abuse or neglect in WV Code and CPS Policy. As a parent who is being investigated by Child Protective Services (CPS), you need to understand what to expect during the investigation. D. N. v. Department of Public Welfare, 562 A.2d 433 (Pa. Cmwlth. In short, no risk was found that would warrant DSS to be involved or make recommendations because the child is safe. The provisions of this 3490.104 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. Consult with supervisors if children or youth are unsafe and LE does not place them into protective custody. The purpose of this policy is to provide guidance on conducting investigations when intakes are screened-in with allegations of child abuse or neglect (CA/N) or when children or youth are believed to be at imminent risk of harm. Have a parent or guardian who has been determined to be unwilling or incapable, i.e., due to mental illness or substance abuse, of supervising or protecting the children or youth and an in-home safety plan cannot be developed to assure the supervision or protection of the children or youth. (e)School administrators shall, in their contracts with independent contractors and their employes who have direct contact with students, require contractors to include provisions for a clearance statement as required by this chapter. For: CW employees, within 60 days from the date the allegations were reported. (11)A statement of the childs parents regarding the suspected abuse and a statement or admission of abuse by the alleged perpetrator. 3513. If no concern is found, the report is dismissed, but the report remains on file. (4)Sexual assault as defined by section 3124.1 (relating to sexual assault). This section cited in 55 Pa. Code 3490.91 (relating to persons to whom child abuse information shall be made available); and 55 Pa. Code 3490.106 (relating to hearings and appeals proceedings for reports received by ChildLine prior to July 1, 1995). (3)The circumstances under which the report will be expunged. The provisions of this 3490.106a adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. This field is for validation purposes and should be left unchanged. Let's review each step that ultimately leads to CPS no longer looking into your family. 3513. Immediately preceding text appears at serial pages (229422) to (229423). (G)Persons residing in the home of foster or preadoptive parents. The provisions of this 3490.121 adopted December 27, 1985, effective January 1, 1986, 15 Pa.B. Immediately preceding text appears at serial page (211737). Isner Law Office offers professional legal guidance and representation you can trust. The county agency shall investigate allegations of abuse of children residing in facilities operated directly by the Department. An investigation is opened within one day of the report, and the child is visited within 72 hours. mason high school cincinnati; 1997 usc football roster. This section cited in 55 Pa. Code 3490.36 (relating to providing information to the county agency). 1993). 3513. When CYS receives a report of potential child abuse or neglect, action is immediately taken. The county agency shall provide 24-hours-per-day/7-days-per-week telephone access for persons to report suspected child abuse. School employe. (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.