CPSLThe Child Protective Services Law, 23 Pa.C.S. When youve been notified by your local Department of Social Services that youre under investigation for the abuse, neglect or dependency of your child or a child in your care, it is an uncertain and fearful time. The provisions of this 3490.21 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 3513. (C)Any of the following offenses as defined by the crimes code: (1)Rape as defined by section 3121 (relating to rape). Written reports shall be made on forms developed by the Department. Officials under this paragraph are limited to the following: (i)The board of commissioners in counties other than counties of the first class. (2)Has, prior to the transfer, already obtained the official clearance statement under subsection (a). Raleigh, NC 27606 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. (5)The county agency may not refer to law enforcement officials reports of suspected child abuse which do not meet the requirements of paragraphs (2) and (3). 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. (iv)AccreditedAccredited by an accreditation association or organization. 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. (c)The written notice required by subsection (b) may be reasonably delayed if notification is likely to threaten the safety of the victim, the safety of a nonperpetrator subject or the safety of an investigating county agency worker, to cause the perpetrator to abscond or to significantly interfere with the conduct of a criminal investigation. 3513. Professional crisis counselors are available 24 hours a day, 7 days a week, in over 170 languages. Child Protective Services (CPS) Investigation, Safety, Risk, and Investigative Assessments, Consultations, Evaluations, and Referrals, Case Coordination and Collateral Contacts, Child Care & Early Learning Professional Development, Mandatory Reporting of Child Abuse or Neglect, Office of Innovation, Alignment, and Accountability, Since Time Immemorial Early Learning Curriculum, Indian Child Welfare Chapter 1 Initial Intake Indian Child Welfare (ICW), Child Protective Services (CPS) Initial Face-to-Face Response, Health and Safety Visits with Children and Youth and Monthly Visits with Parents and Caregivers, Indian Child Welfare Manual Chapter 3 Inquiry and Verification of Childs Indian Status, universal domestic violence (DV) screening, Child Protective Services (CPS) Initial Face-To-Face (IFF) Response, LD CPS Use of Safety Assessment and Safety Planning Tools, Structured Decision Making Risk Assessment (SDMRA), Early Support for Infants and Toddlers (ESIT, 2332. 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. 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). 3513. The provisions of this 3490.52 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4. (d)A prospective adoptive parent or prospective foster parent may not be approved by a foster family care agency, an adoption agency, or a person designated by the court under 23 Pa.C.S. The term does not include foster parents, foster children and paramours. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. This policy applies to child welfare (CW) and Licensing Division (LD) Child Protective Services (CPS) employees. Therefore, it was error not to expunge petitioners record of indicated child abuse. The provisions of this 3490.32 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. RCW 74.13.031 Duties of department, Child welfare services Children's services advisory committee. This information may be released to the required reporter at any time after the report of suspected child abuse has been made. (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. (4)Section 405 of the County Institution District Law (62 P. S. 2305). One or both caregivers fear they will maltreat their child and/or are requesting placement. 2535(a). One of the most important things to remember is that Child Protective Services investigators are just people doing their jobs. 3513. 4547; reserved July 2, 1999, effective July 3, 1999, 29 Pa.B. Immediately preceding text appears at serial page (211732). 3513. 281-810-9760. 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. (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. 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). An attorney EXPERIENCED in CPS and DCFS cases and courts is mandatory! (a)Upon receipt of a report of suspected child abuse ChildLine will enter the information specified in section 6336 of the CPSL (relating to information in Statewide Central Register) into the pending complaint file. Identities will be verified, non-verbal children will be observed, and other observations will be documented. 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. (d)A child taken into protective custody may be placed only in the following locations: (1)A hospital, if hospitalization is medically necessary in the opinion of the attending physician. LD CPS employees, within 45 days from the date the allegations were reported. Immediately preceding text appears at serial page (211715). To determine if children or youth alleged to be sexually abused need a medical examination. If the child is not in imminent danger yet there are signs of abuse or neglect, CYS may go to court to obtain an order to remove the child from the home as soon as possible. This section cited in 55 Pa. Code 3490.193 (relating to other provisions). 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 . (b)A child caretaker requesting voluntary certification who is a resident of this Commonwealth shall obtain a report of criminal history from the Pennsylvania State Police and submit it to the Department with the request for verification on forms provided by the Department. When it is determined that a case will be opened for Ongoing CPS Services, an Ongoing CPS Court Order will be sought. The provisions of this 3490.135 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. No part of the information on this site may be reproduced for profit or sold for profit. (c)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 Department has verified that the applicant or prospective operator is named in the Statewide Central Register as the perpetrator of a founded report of child abuse committed within 5 years or less prior to the request for verification. 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. 1995). This section cited in 55 Pa. Code 3490.233 (relating to protective custody). (4)Requests shall identify the specific files needed. (h)If the investigation indicates serious physical injury, a medical examination shall be performed on the subject child by a certified medical practitioner. (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. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: The provisions of this 3490.63 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (8)The county agency shall release the names of the person who made the report or cooperated in the investigation to law enforcement officials upon request. Determine if children or youth are in need of protective custody. 4547; amended April 27, 1990, effective April 28, 1990 and apply retroactively to January 5, 1988, 20 Pa.B. (ii)A subfile of the names of perpetrators of indicated and founded reports of child abuse if the individuals Social Security Number or date of birth is known to the Department. Safety and protection of children or youth. (2)The county in which the suspected abuse occurred. 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. Certified medical practitionerA licensed physician, a licensed physicians assistant or a certified registered nurse practitioner. 3513. 3513. Formal and informal safety services provided may include: Routine / Emergency Alcohol and Drug Abuse Services, Temporary Protection Plan (Present Danger). Immediately preceding text appears at serial pages (211729) to (211731). (5)Aggravated indecent assault as defined by section 3125 (relating to aggravated indecent assault). Caseworkers and LD CPS investigators must conduct face-to-face contacts and interviews with children and youth, per. How Do I Know If My CPS Case Is Closed? The provisions of this 3490.36 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 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. If the plan is unacceptable to the county agency, the county agency shall take appropriate action to ensure the safety of the children in the child care service or facility. Through the investigation, Social Services will determine whether the allegations were founded or unfounded. (3)The parents, guardians or other custodians, after being advised that the childs physical condition constitutes a medical emergency will make no immediate arrangements for medically adequate alternative treatment. The county agency shall expunge all information in its possession in unfounded, founded and indicated reports of child abuse upon notification from ChildLine. t Strengthen and support families, whenever possible. 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. 2286; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Immediately preceding text appears at serial page (229422). In Re Petition to Compel Cooperation, 875 A.2d 365, 374 (Pa. Super. Contact us online or call (412) 471-5100 to schedule your initial confidential consultation. The provisions of this 3490.105 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (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. Guardian ad litem and court designated advocate. The case is investigated until CPS believes it has enough information to make a determination. Release of information to a subject of a report. 3513. State Child Care The provisions of this 3490.4 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. Virginia Mandated Reporters. Serious mental injuryA psychological condition as diagnosed by a physician or licensed psychologist, including the refusal of appropriate treatment, that does either of the following: (i)Renders the child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic or in reasonable fear that the childs life or safety is threatened. (17)Members of a local or State child fatality review team authorized under sections 6340(a)(4) and 6343(b) of the CPSL (relating to release of information in confidential reports; and investigating performance of county agency), formally organized for the purpose of assisting in the investigation of child death or the development and promotion of strategies to prevent child death. (b)The other subjects of the report and the county agency may appeal the Secretarys decision to grant the request to expunge the report. abused, Accepts reports of child abuse/neglect in Westmoreland In short, no risk was found that would warrant DSS to be involved or make recommendations because the child is safe. Immediately preceding text appears at serial page (211722). Dauphin County Social Services for Children and Youth v. Department of Public Welfare, 855 A.2d 159, 163 (Pa. Cmwlth. If DSS conducts an investigative assessment, DSS can make the following case decision: (1) substantiated or (2) unsubstantiated. (d)The county agency may not provide information to a law enforcement official under this section, unless the law enforcement official is known to or has exhibited proper identification to the county agency. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. During this time, there are some things that CPS might attempt. Immediately preceding text appears at serial pages (211714) to (211715). (b)If the Social Security Number or date of birth of the perpetrator is known in founded or indicated reports of child abuse, the following information shall be maintained: (1)The name, Social Security Number, date of birth and sex of the perpetrator. (2)Is based on evidence, supplied by the requesting county agency, that the objective of the requirement will be achieved in another way. Refusal to sign the plan may lead to placing the child in foster care. (f)A provisional employe shall be immediately dismissed from employment if he is disqualified from employment under section 6344 of the CPSL. S. T. v. Department of Public Welfare, 681 A.2d 853 (Pa. Cmwlth. (e)If the provisional employe does not submit the required clearances within 30- or 90-calendar days of employment, whichever is applicable, the administrator shall do one of the following: (1)Dismiss the provisional employe until the required clearances are received. Case evaluation may occur more often, as needed. 63016385 (relating to the Child Protective Services Law). (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. 3513. 8. Division determines that a family is in need of services. (a)If the report is determined founded, indicated or unfounded and the family has been accepted for service, the county agency shall develop and implement a family service plan and conduct plan reviews under Chapter 3130 (relating to administration of county children and youth social service programs). The provisions of this 3490.31 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. Release of information on prior child abuse reports. Immediately preceding text appears at serial page (211726). 3513. (d)An administrator may not hire an applicant if the clearance statement is more than 1 year old as determined by the date on the clearance statement. (16)A prospective adoptive parent, approved by an adoption agency, when considering adopting an abused child in the custody of a county agency. 3513. (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. When making a determination, staff should first consider the appropriate category and then determine the appropriate code under the category. (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. DSS has exclusive decision-making authority during the investigative stages which can make you feel helpless and frustrated. What does a Texas CPS investigation look like? 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. More than one photograph of the injury shall be taken if it is necessary to obtain a clear close-up of the injury. 4547; reserved July 2, 1999, effective July 3, 1999, 29 Pa.B. A family receiving Ongoing CPS must be evaluated every 90 days from the date CPS Ongoing Case Service begins. Voluntary certification of child caretakers. Assess or identify problems, gather facts and clarify the problems Plan and provide services, set goals, identify resources and timeframes Document the case Terminate the case or transfer it to another program Approximately 12 months of services are provided to children who remain safely in the home while the family receives services. (i)An individual who applies for a position as a school employe including a person applying to be a volunteer in charter or regional charter schools. The provisions of this 3490.66 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (b)The director or a person specifically designated in writing by the director or physician may take a child into protective custody if it is immediately necessary to protect the child from further serious physical injury, sexual abuse, or serious physical neglectas indicated by the following examples: (1)Medical indications of repeated abuse, the existence of previous indicated or founded reports of child abuse, the seriousness of the childs condition, evidence of recent acts of abuse as opposed to old injuries, or statements of the child, or statements or actions by the parents indicating they are likely to be abusive toward the child. (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 (211729). 3490.19. Children are age three or younger with a physical abuse allegation. mason high school cincinnati; 1997 usc football roster. Here are some things you should know if Child Protective Services (CPS) becomes involved in your family, based on my years of experience as a CPS worker. The fee may not exceed $10. 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. (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. CPS Investigations can keep you on edge, stressed, and concerned about your familys future. If the child is at an immediate risk of harm, the CPS investigator may remove the child from home. 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. (c)An applicant shall show the original clearance statement to the administrator and permit a copy to be made. Functions of the county agency for child protective services. 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). County agency investigation of suspected child abuse perpetrated by persons employed or supervised by child care services and residential facilities. (5)Eyewitnesses to the suspected child abuse. LD CPS employees must follow the Investigating Abuse and Neglect in State-Regulated Care Handbook. 3513. 8372 (December 31, 2022). A justification/explanation for the decision must be documented in the file. 3490.18. Being investigated by CPS is a serious matter. 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. 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). (2)Self-help groups to encourage self-treatment of present and potential abusers. (e)Hearings will be scheduled and final administrative action taken in accordance with the time limits specified in 275.4(b) and (e)(1), (3) and (5) (relating to procedures). What Happens if You Do Not Pay Child Support in Texas? Isner Law Office offers professional legal guidance and representation you can trust. If an investigation takes longer than this time, CPS has to notify the parents with reasons for its delay. (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. P. R. v. Department of Public Welfare, 801 A.2d 478 (Pa. 2002). At the initial visit, CYS personnel are looking to see if the child is safe and whether their needs are being met. (7)Indecent exposure as defined by section 3127 (relating to indecent exposure). DepartmentThe Department of Human Services of the Commonwealth. Immediately preceding text appears at serial pages (211728) to (211729). One or both caregivers lack parenting knowledge, skills, or motivation which affects child safety. An investigator will go through a list of steps during the investigation process. The provisions of this 3490.121 adopted December 27, 1985, effective January 1, 1986, 15 Pa.B. 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. Immediately preceding text appears at serial pages (229422) to (229423). (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. (2)The subjects rights under sections 6337 and 6338 of the Juvenile Act (relating to right to counsel; and other basic rights) when a case goes to Juvenile Court. 5 Things CPS Can Legally Do . (2)The administrator has no knowledge of information which would disqualify the applicant under 3490.132. The provisions of this 3490.51 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. Ph: 610-278-5800 Fx: 610-278-5898. (a)In addition to complying with other applicable sections of the CPSL and this chapter, when investigating a report of suspected child abuse perpetrated by a person who operates, is employed by or acting as a volunteer for a child care service, including a child day care center, a group or family day care home or a residential facility, the county agency, shall, within 24 hours of receipt of the report, verbally notify the following of the content of the report: (1)The person in charge of the facility or child care service where the alleged child abuse occurred. 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. 3513. (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. 3513. 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. Findings can be delayed for legitimate reasons. 3513. 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. 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). Immediately preceding text appears at serial page (211736). 3513. 3490.20. This report may come from a mandatory reporter or anyone else who believes a child is being abused or neglected at home, school, day care, or anywhere else the child receives care. (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. CyberTipline National Center for Missing and Exploited Children (2022) Child care service. Refer children or youth with complex behavioral health needs for a Wraparound Intensive Services (WISe) screen, per the, Contact the Family Resources Coordinator at 1-800-322-2588 or through the. (ii)Except with respect to confidential communications made to an ordained member of the clergy which are protected under 42 Pa.C.S. Immediately preceding text appears at serial pages (211738) to (211739). The provisions of this 3490.81 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (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. Services not recommended is made when the investigation does not find any safety concerns for the child and no other non-safety related services exist. (ii)The term does not include staff of Commonwealth-operated youth development centers and youth forestry camps. (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. 501508 and 701704 (relating to the Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedures). 4547; reserved July 2, 1999, effective July 3, 1999, 29 Pa.B. However, CYS is not entitled to drag out an investigation. The alleged neglect includes concerns that children or youth are being deprived of food, underweight, or starved. Map & Directions. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B.
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