(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. 3513. If SAFE, but maltreatment allegations are substantiated, a case will be opened for ongoing CPS. Each CPS investigation results in a finding of Founded or Unfounded within 45-60 days of report. 2005). (ii)RegisteredNonpublic (religiously affiliated schools). The provisions of this 3490.34 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. v. Department of Public Welfare, 641 A.2d 1148 (Pa. 1994). 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Those who care for the child are interviewed and analyzed to determine various factors, including: -Attitudes Toward & Perceptions of Child(ren), -Previous Relevant History (including CPS history). As a mom or dad, you do the best you can daily, but like any parent, you are not perfect. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. (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: (B)The right to introduce evidence and cross examine witnesses at the Juvenile Court hearing. 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. The police may ask you to tour the area where the offence. After the initial investigation, CPS will begin the full-on investigation to gather more evidence supporting or refuting the alleged abuse or neglect. (6)Whether the report was a founded or indicated report. If the case is co-assigned, assign the intake to the CPS investigation caseworker. (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. (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. (e)If the county agency initiates emergency protective custody, it shall notify the childs parents as required by 3490.17 (relating to notifying the childs parents, guardians or other custodians). 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. (6)Neighbors and relatives who may have knowledge of the abuse. Re-evaluate status of childs previously identified needs, 7. During this time, there are some things that CPS might attempt. The request shall include a check or money order payable to the Department of Human Services in the amount specified on the application. t Prevent future child maltreatment. Reporting to the coroner. (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. The parent or caregiver who abused or neglected the child will have to take specific steps to bring the child back home. Reports shall be accepted by ChildLine or the county agency regardless of whether the person identifies himself. 3513. (4)The nature and extent of the suspected child abuse, including evidence of prior abuse to the child or a sibling. If there is no one who can take care of the child during the CPS case, the child will be placed in foster care. (7)Indecent exposure as defined by section 3127 (relating to indecent exposure). After an investigation, the Division will decide how to handle the case. 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. Allegations of child abuse or neglect present families with one of the most legally complex and emotionally difficult challenges imaginable. The caseworker must: -Identify self as a Child Protective Service Social Worker from the WV Department of Health and Human Resources, -Inform the caregivers about the child abuse or neglect allegations, the reason for contact, and the process for completing the Family Functioning Assessment (unless they believe notification could compromise child safety), -Provide notification of rights and a copy of the booklet, A Parents Guide to Working with Child Protective Services. 5943 (relating to confidential communications to clergymen), privileged communication between a required reporter and the persons 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. Caseworkers must conduct in-person interviews of childrens or youths parents or guardians and subjects, and LD CPS investigators must conduct in-person interviews with subjects. 4. Successful case closure is based on the CPS Social Worker completing two evaluations: 1. 8372 (December 31, 2022). Immediately preceding text appears at serial pages (211722) to (211723). The provisions of this 3490.94 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (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. The county agency shall send the requested information to the defendant and the district attorney. Action by the county agency after determining the status of the report. One or both caregivers intend(ed) to hurt the child. Let us help you ensure that you are being treated fairly and your rights are being protected. 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. 4547; reserved July 2, 1999, effective July 3, 1999, 29 Pa.B. (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. This section cited in 55 Pa. Code 3490.131 (relating to definitions); and 55 Pa. Code 3490.134 (relating to information relating to prospective school employes). The provisions of this 3490.131 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. (f)The Department will process requests for voluntary certification it receives on the forms developed by the Department. (c)ChildLine will notify the county agency and all subjects of the Secretarys decision to amend a report of child abuse. (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 childs life or development or impairs the childs functioning. The provisions of this 3490.40 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. When children or youth are taken into protective custody. (i)The person responsible for the administration of a public or private school, intermediate unit or area vocational-technical school. The caregiver is unwilling or unable to perform parental duties and responsibilities, which could result in serious harm to the child. This section cited in 55 Pa. Code 3490.193 (relating to other provisions). Call Isner Law Office at (304) 636-7681. Administrator. 3513. Child protective servicesThose services and activities provided by the Department and each county agency for child abuse cases. The provisions of this 3490.92 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. Immediately preceding text appears at serial page (211737). When CPS receives a report from the SCR, it is required to begin an investigation within 24 hours. This section cited in 28 Pa. Code 611.5 (relating to definitions); 28 Pa. Code 611.53 (relating to child abuse clearance); 55 Pa. Code 3490.143 (relating to definitions); and 55 Pa. Code 3490.223 (relating to definitions). 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 childs life or long-term health. Closing the case and referring you to community service providers. Court designated advocateA trained citizen volunteer appointed by the court to advocate on behalf of dependent children and alleged dependent children involved in juvenile court proceedings. Although each case is different, one thing remains true: if Child Protective Services (CPS) shows up, whether you believe you are guilty or not, you should NOT speak to them until you have contacted a trusted child abuse defense attorney. All Rights Reserved. Release of information to required reporters. Substitute listA list, approved by the hiring authority of a school, containing the names of persons eligible to serve the school as substitute teachers or temporary replacements for other employes. P. R. v. Department of Public Welfare, 801 A.2d 478 (Pa. 2002). If the child resides in a different county, ChildLine will notify that county also. CPS investigates the report. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. If you are the alleged subject of a report, your county Child Protective Services (CPS) office is required by law to notify . Requests by and referrals to law enforcement officials. How long can an investigation last? Analyze Safety Plan according to the CPS Formal Safety Evaluation, 4. The provisions of this 3490.21 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. This section cited in 55 Pa. Code 3800.20 (relating to confidentiality of records). What Happens if You Do Not Pay Child Support in Texas? Family membersSpouses, parents and children or other persons related by consanguinity or affinity. Immediately preceding text appears at serial page (229424). Retention of information on unfounded reports. The provisions of this 3490.64 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. Click here or hit the 'esc' key on your keyboard to leave this site fast. Within 14 days, CPS will locate the child and conduct an in-person interview with the child or children involved in the report. School employe. (d)During the 30- or 90-day provisional period, the provisional employe may not be permitted to work alone with children and shall work within the vicinity of a permanent employe. 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. Child care service. The release of information by the county agency to required reporters under 3490.91(a)(15) (relating to persons to whom child abuse information shall be made available) is subject to the following: (1)The information released by the county agency shall concern the same child who was the subject of the report made by the required reporter. What To Do After A Car Crash: 5 Important Steps, How To Fight False Allegations And Criminal Charges In WV, Social Security Claim Denied? How Is Child Custody Determined In West Virginia? (ii)Not at a high risk of abuse or neglect. The following requirements must be met to qualify for a Safety Plan: -Family willing to participate and cooperate, -Safety Plan and Services able to manage Impending Danger, -A residence is available to implement the In-Home Safety Plan. When allegations include serious physical abuse, present danger, or imminent danger to the physical well-being of a child, contact is made immediately. 501508 and 701704 (relating to the Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure). Denial of mothers request for expungement of child-abuse report from State-wide registry was appropriate even though County and Youth Services (CYS) filed final child-abuse report as founded more than 60 days after mother pleaded no contest to two counts of aggravated assault against child; while abuse case was pending in criminal court, the 60-day reporting requirement was suspended until mother was sentenced. (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. The CPS is independent, and. (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). The provisions of this 3490.55 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (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. (7)Reports shall be made in writing on the next work day when the report is made verbally or within 24 hours of when the county agency determines that the report meets the criteria for making a report to law enforcement officials. The provisions of this 3490.19 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Immediately preceding text appears at serial page (211722). The law enforcement agency shall, as soon as possible and without jeopardizing the criminal investigation or prosecution, advise the county agency as to whether a criminal investigation has been undertaken and the results of the investigation and of any criminal prosecution in cases of suspected child abuse.