This policy applies to child welfare (CW) and Licensing Division (LD) Child Protective Services (CPS) employees. 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. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. While you have a right to deny a CPS caseworker access to your home, the agency can ask the court to issue a court order. 8372 (December 31, 2022). 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. (f)A provisional employe shall be immediately dismissed from employment if he is disqualified from employment under section 6344 of the CPSL. Search . A staff member of the Department or county agency who willfully violates the CPSL and this chapter is subject to disciplinary action, including dismissal. Immediately preceding text appears at serial page (211736). (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. Dauphin County Social Services for Children and Youth v. Department of Public Welfare, 855 A.2d 159, 163 (Pa. Cmwlth. How to Handle Stimulus Checks During Your Divorce, Defenses to a claim for alimony in North Carolina, Apps That Make Co-Parenting Easier (And Help Keep You Out of Court), Domestic Violence Protections in North Carolina Extend to Unmarried Same-Sex Couples. (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. County agency. 3490.15. (iii)If the county agency is unable to verify a telephone request for information from a required reporter under subparagraphs (i) and (ii), the county agency shall obtain a written request for information from the required reporter. Child Protective Services Laws Since 2013, legislation has been enacted, changing the manner in which Pennsylvania responds to child abuse. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Measure the success of identified child activities. The term does not include foster parents, foster children and paramours. Immediately preceding text appears at serial page (211735). 3513. Neither the Department of Children, Youth, and Families (DCYF), the State of Washington nor any of its employees makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, translation, product or process that is disclosed, displayed or appears on the DCYF website. The provisions of this 3490.56 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (i)An administrative appeal proceeding will be automatically stayed upon notice to the Department by any subject or the county agency that there is a pending criminal proceeding or a dependency or delinquency proceeding under the Juvenile Act including an appeal thereof, involving the same factual circumstances. The investigation usually begins with a visit to your home by a CPS caseworker, who will be assessing the safety of the child named in the report and any other children living in your household. 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. (4)The reporter of the suspected child abuse, if known. The natural mothers 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. Uncorroborated hearsay cannot satisfy the agencys burden unless the following requirements are met: the statement was accurately recorded by audio or video equipment; the audio-visual record discloses the identity and at all times included the images and/or voices of all individuals present during the interview of the minor; and the statement was not made in response to questioning calculated to lead the minor to make a particular statement and was not the product of improper suggestion. (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. The alleged neglect includes concerns that children or youth are being deprived of food, underweight, or starved. 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. (4)A file of unfounded reports awaiting expunction. v. Children & Youth Services of Delaware County, 686 A.2d 872 (Pa. Cmwlth. 1987). The fact that a substitute appears on one schools substitute list is not sufficient evidence to allow another school to add the substitutes name to its substitute list. Let us help you ensure that you are being treated fairly and your rights are being protected. The majority of CPS and DCFS social workers abhor most any form of parental punishment. 3513. Request by a perpetrator to amend or expunge an indicated report of child abuse received by ChildLine after June 30, 1995. Notifying the child's parents, guardians or other custodians. (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. To determine if an injury is nonaccidental, the Supreme Court has directed that a criminal negligence standard be applied. Immediately preceding text appears at serial pages (211749) to (211750). Refusal to sign the plan may lead to placing the child in foster care. The county agency shall petition the court if one of the following applies: (1)Placement or continued placement of a child is necessary. (F)Staff and volunteers of county detention centers. The provisions of this 3490.40 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (d)A person, including a law enforcement official, who willfully breaches the confidentiality or security of information that the person received under this subsection, in addition to other civil or criminal penalties provided by law, shall be denied access to any confidential child abuse information in the future. 4629; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. 3513. multi-disciplinary approach to investigation, including the function of Multi-Disciplinary Investigative Teams (MDITs) and of Child Advocacy Centers (CACs); and Locate at least one available resource to support successful implementation of the amended Child Protective Services Law. Ask for the child's medical . If a person takes a child into protective custody, the person shall verbally notify the childs parents, guardians or other custodians immediately and in writing within 24 hours, of the following: (1)The childs whereabouts unless prohibited by a court order. 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. 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. 4547; reserved July 2, 1999, effective July 3, 1999, 29 Pa.B. (2)The required reporter shall request the information, either verbally or in writing. (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 childs siblings and their parents. (ii)Was employed prior to January 1, 1986, and was not required to submit the requests for clearances. (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). (4)Requests shall identify the specific files needed. The provisions of this 3490.68 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 3513. Immediately preceding text appears at serial page (211736). (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. Child Protective Services (CPS) How to Report Child Abuse or Neglect. If you are not represented by a qualified and experienced attorney, the agency may end up taking your children from you or even terminating your parental rights. 1996); appeal denied 690 A.2d 1165 (Pa. 1997). (c)The information referred to in subsection (b) shall remain in the subfile under 3490.33 (relating to files). 501508 and 701704 (relating to the Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure). (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. (a)A child caretaker may request certification from the Department that the requirements of section 6344 of the CPSL (relating to information relating to prospective child-care personnel) have been met. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Inquire about the childs possible membership or eligibility for membership in a federally recognized tribe and follow, Discuss cases with their supervisor to determine if children or youth will be placed in out-of-home care when a safety threat is identified and cannot be managed with a. t Strengthen and support families, whenever possible. The goals of both responses are to: t Assess child safety. 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. Depending on the priority classification of your CPS case, an investigator may conduct a home or school visit to talk to the child who is an alleged victim of abuse or neglect. (2)ChildLine has identified that the person is a representative of the county agency. Intellectual Property in Divorce: Who Gets What? Immediately preceding text appears at serial page (211728). The CPS investigator assigned to your case may come knocking at your door for a home inspection and/or interview with the child to determine if he/she is at immediate risk of harm. 500 Help, Texas Child Protective Services is Investigating It can be scary when a Texas Child Protective Services (CPS) Investigator contacts you. The CPS is independent, and. Any concerns about child safety will be identified and documented including: -Observable behavior, conditions, or situations. 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. The best way to protect your parental rights and your childs well-being is to have an attorney on your side. Investigators usually have 45 days to complete an investigation. 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. (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. The provisions of this 3490.136 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. When a report is "screened out," no action is taken, or the report is transferred to a more appropriate agency. (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. The provisions of this 3490.34 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (B)Hospital personnel engaged in the admission, examination, care or treatment of persons. 1993). Child Protective Services is a branch of the Texas Department of Family and Protective Services (DFPS) that handles complaints of child abuse and neglect in Texas. 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 3490.40a adopted July 2, 1999, effective July 3, 1999, 29 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. 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. Consistent with this chapter, the county agencies and law enforcement agencies shall cooperate and coordinate, to the fullest extent possible, their efforts to respond to reports of suspected child abuse. (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. (g)A court finding of fact of child abuse is presumptive evidence that the report was substantiated. 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). (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. Consult with supervisors if children or youth are unsafe and LE does not place them into protective custody. If, after the evaluation, the agency has reason to suspect that child abuse occurred, the agency shall make a report of suspected abuse to ChildLine. 3513. (a)A subject of the report and the appropriate county agency have the right to appeal the Secretarys decision to grant or deny a subjects request to amend or expunge an indicated or founded report by filing an appeal with the Secretary. Referrals may be made for court-ordered parenting classes, mental health treatment, drug and alcohol services, and other interventions. 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. This section cited in 55 Pa. Code 3490.56 (relating to county agency investigation of suspected child abuse perpetrated by persons employed or supervised by child care agencies and residential facilities). Nonabuse reports received by the county agency or other public agency from ChildLine. PositionThe job classification of a school employe as defined and determined by existing law, State regulation or the school board or governing authority including administrative and supervisory staff, teachers, paraprofessionals, support staff or others. The provisions of this 3490.108 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. LD CPS employees, within 45 days from the date the allegations were reported. If CYS does not file a determination within 60 days, the initial report is deemed unfounded. The provisions of this 3490.51 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. What happens? This is to allow time for additional interviews and investigations into the family, complete documentation, make decisions, and/or complete a more rigorous safety analysis. As a mom or dad, you do the best you can daily, but like any parent, you are not perfect. At the conclusion of the investigation, DSS notifies the parents/caregivers in writing of the agencys case decision. County, Provides in-home support to families when the Assessment 3513. Responsibilities of the Department and the county agency. Isner Law Office offers professional legal guidance and representation you can trust. Permanent employeA child care worker who meets one of the following conditions: (i)Has met the requirement of 3490.122 (relating to responsibilities of an applicant, prospective operator or legal entity of a child care service). 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: 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. Staff may have to add a more appropriate code under a different category to make the correct finding of abuse or neglect in FACES. You have the right to legal representation of your own choosing at all stages of contact with CPS. 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. All other allegations of child abuse or neglect are investigated within 14 days. (4)The county in which the child abuse occurred. ACS has received a report from the New York State Central Register (SCR) of Child Abuse and Maltreatment that a child in your care is alleged to have been abused or neglected. How Long a Pennsylvania CYS Investigation Takes CYS' initial inquiry typically takes place within 30 days following a report of child abuse or neglect. (2)Only the perpetrator when the decision is to deny the request. Statements made by defendant to a Children and Youth Services caseworker, as part of an interview under this section, while Defendant was in custody, could be suppressed in the absence of Miranda warnings, since caseworker was required to forward the report to police. County agency investigation of suspected child abuse perpetrated by persons employed or supervised by child care services and residential facilities. The Department established a single Statewide toll-free telephone number (800) 932-0313referred to as ChildLineavailable at all times to receive reports of suspected child abuse. Division determines that a family is in need of services. Immediately preceding text appears at serial page (211725). (3)The information shall include the names of the persons who made the report and who cooperated in the investigation when requested by the law enforcement official. An intake assessment must occur within 0-72 hours if the child may be in Imminent Danger due to specific maltreatment (including non-accidental trauma, a pattern of abuse, nutritional deprivation, abandonment, inadequate medical treatment, substantial emotional injury, sale or attempted sale of a child, alcohol, drug, or controlled substance abuse posing an imminent risk to health or safety, serious physical abuse, and/or allegation indicating impending danger). SecretaryThe Secretary of the Department or a person specifically designated in writing by the Secretary to perform the Secretarys functions under the CPSL and this chapter. Immediately preceding text appears at serial page (211715). When allegations include serious physical abuse, present danger, or imminent danger to the physical well-being of a child, contact is made immediately. (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. 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. Investigations may be conducted by child protective services staff and/or law enforcement and often include a multidisciplinary team. A General Timeline of CPS Action 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. The provisions of this 3490.66 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 1991). (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. (4)The county agency shall release the information under 3490.91(a)(15) when requested by a required reporter. 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. The investigator will also interview the person who made the complaint and reach out to the childs parents, witnesses, and other people. (e)Law enforcement officials shall treat all reporting sources and persons who cooperated in the investigation as confidential informants. When Stepparents and Grandparents Owe Child Support. Immediately preceding text appears at serial pages (211735) to (211736). (3)Determine if services could be provided to the family which would alleviate the conditions necessitating protective custody. (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. One of the most important things to remember is that Child Protective Services investigators are just people doing their jobs. 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)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. 3513. (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. The impending danger must either no longer exist or be sufficiently marginalized to a level manageable by caregiver and family. (ii)The term includes an individual who transfers from one position as a school employe to another position as a school employe. If a family assessment (i.e., cases involving neglect allegations) was completed DSS can make the following case decision based on its investigation: (1) services recommended, (2) services needed, or (3) services provided services no longer needed; and (4) services not recommended. Third category cases are often ignored unless the CPS receives additional reports. (6)A standing committee of the General Assembly, under section 6384 of the CPSL (relating to legislative oversight). 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. (c)An applicant shall show the original clearance statement to the administrator and permit a copy to be made. 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. Immediately preceding text appears at serial pages (211725) to (211726). . Contact us today. (5)Eyewitnesses to the suspected child abuse. (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. How To Fight Back, 9 Important Factors For Grandparents Seeking Visitation In WV. If the investigation takes longer than 45 days the agency must promptly notify the family about the extension. (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. (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. Caseworkers and LD CPS investigators must conduct face-to-face contacts and interviews with children and youth, per. 3513. (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. ArrangeMake a service available to a client accepted for service through another agency or service provider which is not paid for by the county agency. Notification of Secretarys decision to amend or expunge a report of child abuse. 4. 3513. (3)The parents refuse services, and the county agency determines that services are in the best interests of the child. ParamourA 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 childs parent. (c)The Department will provide the results of performance audits and reviews to the affected agencies consistent with the confidentiality provisions of this chapter. (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. Local Departments of Social Services. Phone: (919) 870-0466 CPS uses the priority classification from P1 to P3, in which P1 means that the agency may have to remove the child from home due to the immediate risk of harm. The legal base of this chapter is the following statutory provisions: (1)Articles VII and IX of the Public Welfare Code (62 P. S. 701774 and 901922). 3513. CPS investigates the report. CPSLThe Child Protective Services Law, 23 Pa.C.S. Serious bodily injuryInjury 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. (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. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Call attorney Anthony Piccirilli today to determine which options are best for you. Criminal liability for breach of confidentiality. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Identities will be verified, non-verbal children will be observed, and other observations will be documented. (2)Referrals shall be made if the initial report to or initial review by the county agency gives evidence that the alleged abuse perpetrated by persons whether or not related to the child is one of the following: (3)Referrals shall be made if the initial report to or initial review by the county agency gives evidence that the alleged child abuse is child abuse perpetrated by persons who are not family members. 3513. (2)A home of a relative of the child or other individual who has a significant relationship with the child or the childs family. 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. (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. All calls are confidential. (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. The provisions of this 3490.71 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. If it cannot make a determination within 30 days, it must document the specific reasons why, and then complete the investigation within 60 days. 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.