After our recent investigation, we were given $500 toward our utility bills! Immediately preceding text appears at serial pages (211725) to (211726). How To Fight Back, 9 Important Factors For Grandparents Seeking Visitation In WV. When the CPS investigator comes to your home they are likely to do the following: Interview your child and you. This section cited in 55 Pa. Code 3490.57 (relating to protective custody); and 55 Pa. Code 3490.233 (relating to protective custody). Immediately preceding text appears at serial pages (229426) to (229427). 2331. Child Protective Services (CPS) Investigation Isner Law Office offers professional legal guidance and representation you can trust. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. (a)ChildLine shall immediately transmit reports of suspected child abuse verbally to the county agency of the county where the suspected abuse occurred. Release of information to a subject of a report. However, CYS is not entitled to drag out an investigation. CYS initial inquiry typically takes place within 30 days following a report of child abuse or neglect. To justify CPS decisions, the CPS caseworker must investigate, describe, document, and report: -Adult Functioning Daily Life Management Skills. (f)If the facility or child care service is operated, registered, licensed or approved by the Department, the county agency shall send a copy of the completed form required by 3490.67 (relating to written reports to ChildLine)filed with ChildLineand a copy of the written statement required by subsection (e) to the regional director or the directors designee in the region where the founded or indicated child abuse occurred. Statute Has Priority Over Conflicting Regulation, Where there is a conflict between the statute and a regulation purporting to implement the provisions of that statute, the regulation must give way. (3)Involuntary deviate sexual intercourse as defined by section 3123 (relating to involuntary deviate sexual intercourse). (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). 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. 3513. The county agency shall expunge all information in its possession in unfounded, founded and indicated reports of child abuse upon notification from ChildLine. (6)A standing committee of the General Assembly, under section 6384 of the CPSL (relating to legislative oversight). Regional administrators (RA) or designee must: Develop CPS guidelines with the military base commander or designee for families living on-post within the region. How Is Child Custody Determined In West Virginia? The provisions of this 3490.58 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. Chapter 63. (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). Cumberland County Children and Youth Services v. Department of Public Welfare, 611 A.2d 1339 (Pa. Cmwlth. 2004). mason high school cincinnati; 1997 usc football roster. (a)The administrator of a child care service may employ applicants on a provisional basis for a single period of employment pending the receipt of the required clearances in accordance with section 6344 of the CPSL (relating to information relating to prospective child-care personnel). Step 1: The Interview 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. The child(ren) will be determined to be either: If SAFE and maltreatment allegations are unsubstantiated, the case will be closed. 3513. (6)The county agency shall inform the required reporter of the reporters obligation to protect the confidentiality of information released as required under sections 6339 and 6340 of the CPSL (relating to confidentiality of reports; and release of information in confidential reports). (e)Reports which are unfounded awaiting expunction may not be released from the pending complaint file except to a subject of a report upon written request, employes of the Department under this subchapter and employes of the Office of Attorney General under section 6345 of the CPSL (relating to audits by Attorney General). 1993). This section cited in 55 Pa. Code 3490.104 (relating to release of information to a subject of a report); 55 Pa. Code 3490.193 (relating to other provisions); and 55 Pa. Code 3800.20 (relating to confidentiality of records). Composed by Texas RioGrande Legal Aid Last Updated on January 20, 2023 This overview of the timeline of Child Protective Services involvement was written by Texas RioGrande Legal Aid . Expunction from the Statewide Central Register. Information provided shall include an assessment of compliance with the provisions of this chapter and recommendations relating to practice issues, if appropriate. DSS will substantiate a report if it finds that the minor child was maltreated, abused or seriously neglected. (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 provisions of this 3490.125 adopted December 27, 1985, effective January 1, 1986, 15 Pa.B. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Parents Rights in a Pennsylvania CPS Investigation. This will determine the level of CPS invasiveness in the home. What Now? (a)The county agency shall send the Child Protective Service Investigation Report form (CY-48) to ChildLine within 30-calendar days of the receipt of the report of suspected child abuse. Call our office at (908) 810-1083, email us at info@awilliamslawgroup.com, or contact us through our confidential online form to schedule a consultation and ultimately get you connected with an experienced New Jersey divorce and child . (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. If there is reasonable cause to suspect there is a history of prior or current abuse, the medical practitioner has the authority to arrange for further medical tests or the county agency has the authority to request further medical tests. (8)Incest as defined by section 4302 (relating to incest). The provisions of this 3490.94 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. If additional information surrounding the incident becomes available, the county agency shall file a new report with ChildLine. The information shall be provided only through staff of the county agency or Department who are members of the team. The county agency where the subject is located shall assist in the investigation as required by this section. (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. (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. The county agency shall modify the family service plan, if necessary and appropriate, to reflect the recommendations of the multidisciplinary team and implement action necessary to fulfill the recommendations. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Not approved, return case to caseworkers for continued work with instructions of what work needs to be completed before resubmitting for transfer or closure. (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. (2)Has, prior to the transfer, already obtained the official clearance statement under subsection (a). (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. 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. The plan of supervision or alternative arrangements shall be in writing, approved by the county agency and kept on file by the county agency until the investigation is completed. If the family cannot abide by the Safety Plan, the child will be removed from the home, legal custody will be transferred to the state, and the child may be placed with a family member or other suitable individual, in an institution, foster home, or placed for adoption. When the CY-48 form is not filed with ChildLine within 60-calendar days of receipt of the report by ChildLine, the report shall be unfounded. (e)The report of the investigation shall be submitted to ChildLine within 30-calendar days of when the report was received at ChildLine. 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. Child or youth is believed to be in present danger or unsafe. If it is determined that the child is currently unsafe and the maltreatment allegations are substantiated, the abuse or neglect will be recorded, a Temporary Protection Plan and/or Safety Plan will be put in place, and a case will be opened for Ongoing Child Protective Services. This subchapter cited in 55 Pa. Code 3490.321 (relating to standards for risk assessment). Collaborate with county prosecutors and offices to establish and maintain county child abuse investigation protocols, per. 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. (5)Eyewitnesses to the suspected child abuse. Immediately preceding text appears at serial pages (211715) to (211718), and (236831) to (236832). The provisions of this 3490.133 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. What Does CPS Look for in a Home Visit? [Checklist] v. Children & Youth Services of Delaware County, 686 A.2d 872 (Pa. Cmwlth. 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).