[29 Pa.B. 3513]
[Continued from previous Web Page]
COUNTY RESPONSIBILITIES § 3490.51. (Reserved).
§ 3490.52. Receipt of reports.
The county agency shall provide 24-hours-per-day/7-days-per-week telephone access for persons to report suspected child abuse.
§ 3490.53. Functions of the county agency for child protective services.
(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. The county agency shall investigate allegations of abuse of children residing in facilities operated directly by the Department.
(b) The county agency shall protect the safety of the subject child and other children in the home or facility and shall provide or arrange appropriate services when necessary during the investigation period.
(c) The county agency shall determine the status of reports of suspected child abuse.
(d) If the county agency concludes that the child is in danger of further child abuse, the county agency shall do the following:
(1) Accept the case for service.
(2) Provide direct case management.
(3) Monitor the provision of services, whether provided directly by the county agency or through purchase or agreement.
(e) The county agency shall provide direct case management of services provided to abused children and their families until the county agency is reasonably assured that the child is no longer in danger of child abuse. The reasons for termination of the county agency involvement shall be recorded in the case record.
§ 3490.54. Independent investigation of reports.
Except for reports investigated by the Department, the county agency shall investigate and make independent determinations on reports of suspected child abuse, regardless of another investigation conducted by another agency, the court or the police and regardless of whether or not the person making the report identified himself. A county agency may rely on an investigation of substantially the same allegations by a law enforcement agency to support the county agency's finding regarding a child abuse report. This reliance does not limit the duties required of the county agency by section 6368 of the CPSL (relating to investigation of reports).
§ 3490.55. Investigation of reports of suspected child abuse.
(a) Except as provided in subsection (b), the county agency shall begin its investigation within 24 hours of receiving a report of suspected child abuse. Upon beginning its investigation, the county agency shall see the child within 24 hours of receipt of the report.
(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.
(2) It cannot be determined from the report whether or not emergency protective custody is needed.
(c) After ensuring the immediate safety of the child and other children in the home, the county agency shall verbally notify ChildLine of the receipt of the report, if it was not received initially from ChildLine.
(d) When conducting its investigation, the county agency shall, if possible, conduct an interview with those persons who are known to have or may reasonably be expected to have, information relating to the incident of suspected child abuse including, but not limited to, all of the following:
(1) The child, if appropriate.
(2) The child's parents or other person responsible for the child's welfare.
(3) The alleged perpetrator of the suspected child abuse.
(4) The reporter of the suspected child abuse, if known.
(5) Eyewitnesses to the suspected child abuse.
(6) Neighbors and relatives who may have knowledge of the abuse.
(7) Day care provider or school personnel, or both, if appropriate.
(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.
(1) When conducting its investigation, the county agency shall maintain a written record of the facts obtained from each interview it conducts.
(2) At the conclusion of its investigation, when the report is determined indicated, founded or unfounded and accepted for services, under § 3490.59 (relating to action by the county agency after determining the status of the report), the county agency shall enter a written summary of the facts obtained from each interview in the case record.
(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.
(1) Photographs shall include one snapshot in which the child is clearly identifiable with the injured part of the body visible to establish the identity of the child and the actual location and extent of the injury. More than one photograph of the injury shall be taken if it is necessary to obtain a clear close-up of the injury.
(2) The county agency shall maintain photographs it secures in the case record. Photographs shall be identified by all of the following:
(i) The name of the child.
(ii) The age of the child.
(iii) The date and time of day the photograph was taken.
(iv) The location at which the photograph was taken.
(v) The names of witnesses present.
(vi) The name of the photographer.
(g) When investigating a report of suspected serious mental injury, sexual abuse or exploitation or serious physical neglect, the county agency shall, whenever appropriate, obtain medical evidence or expert consultation, or both. 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.
(2) The reasons why medical examination or expert consultation, or both, was determined not to be necessary.
(h) If the investigation indicates serious physical injury, a medical examination shall be performed on the subject child by a certified medical practitioner. 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.
(i) When conducting its investigation, the county agency shall visit the child's home, at least once during the investigation period. The home visits shall occur as often as necessary to complete the investigation and to assure the safety of the child.
(j) When investigating cases of suspected child abuse and a subject is located in a county other than where the abuse occurred, the county agency shall either make contact in the county where the subject is located or request the county where the subject is located to conduct the interview. The county agency where the subject is located shall assist in the investigation as required by this section.
§ 3490.56. County agency investigation of suspected child abuse perpetrated by persons employed or supervised by child care services and residential facilities.
(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.
(2) The person in charge of the agency which placed the child.
(3) The person in charge of the county agency with custody or supervision of the child.
(4) The regional office of the Department that is responsible to license, register or approve the child care service or facility.
(b) The person in charge of the child care service or facility shall implement a plan of supervision or alternative arrangements to ensure the safety of the child and other children who are in the care of the child care service or facility during the investigation. 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. 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.
(c) The county agency shall inform the persons listed in subsection (a) in writing of the results of the investigation.
(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.
(e) If the report is founded or indicated, the county agency shall request a written statement from the person in charge of the child care service or facility regarding the steps planned and taken to ensure the future safety of the subject child and other children in the care of the child care service or facility. The request shall be made within 5-calendar days of when the status determination was made. The person in charge of the child care service or facility shall submit a written response to the county agency within 10-calendar days of the mailing date of the county agency's letter. 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.
(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 ChildLine--and a copy of the written statement required by subsection (e) to the regional director or the director's designee in the region where the founded or indicated child abuse occurred.
§ 3490.57. Protective custody.
(a) The county agency shall comply with the Juvenile Act, the CPSL and this chapter when taking a child into custody. Protective custody under this chapter may not be maintained longer than 72 hours without an informal hearing under section 6332 of the Juvenile Act (relating to informal hearing). If, at the informal hearing, it is determined that protective custody shall be continued and the child is alleged to be a dependent child under section 6302 of the Juvenile Act (relating to definitions), the county agency shall within 48 hours of the determination file a petition with the court under the Juvenile Act alleging that the child is a dependent child.
(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.
(c) A county agency worker may take a child into protective custody only under a specific court order naming the individual child. The county agency staff may not be deputized or use blanket court orders to take children into protective custody.
(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.
(2) A home of a relative of the child or other individual who has a significant relationship with the child or the child's family. The home shall be approved by the county agency for this purpose.
(3) A foster family home approved by a licensed foster family care agency.
(4) A licensed residential child care facility.
(e) If the county agency initiates emergency protective custody, it shall notify the child's parents as required by § 3490.17 (relating to notifying the child's parents, guardians or other custodians).
(f) Within 48 hours of taking a child into protective custody, the county agency shall do the following:
(1) Meet with the child's parents to assess their ability to assure the child's safety if the child is to be returned home.
(2) Meet with other individuals who may have information relating to the safety of the child in the home if the child is to be returned home.
(3) Determine if services could be provided to the family which would alleviate the conditions necessitating protective custody.
(4) Provide or arrange for necessary services.
(5) Meet with the parents to advise them of the decision to do one of the following:
(i) Return the child to the child's home.
(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:
(A) The right to counsel.
(B) The right to introduce evidence and cross examine witnesses at the Juvenile Court hearing.
§ 3490.58. Notifications.
(a) Except for the subject child, the county agency shall notify the subject who is about to be interviewed of:
(1) The existence of the report and the type of suspected abuse.
(2) The subject's 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. Those rights are:
(i) The right to counsel.
(ii) The right to introduce evidence and cross examine witnesses.
(3) The perpetrator's rights regarding amendment and expunction.
(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.
(2) The rights under sections 6337 and 6338 of the Juvenile Act, when a case goes to juvenile court. Those rights are:
(i) The right to counsel.
(ii) The right to introduce evidence and cross examine witnesses.
(3) The perpetrator's rights regarding amendment and expunction.
(4) The right to obtain a copy of the report from the Statewide Central Register or the county agency.
(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.
(6) The purpose of the law, the implications of the status determination of the report and the services available through the county agency.
(7) The effect that a founded or indicated report of child abuse will have on a person seeking employment in a child care service or in a school.
(8) That the agency has, will or may make a report to law enforcement officials.
(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. The written notice shall be provided to all subjects prior to the county agency determining the status of the report and regardless of where the person lives.
(d) Except for the subject child, the county agency shall notify all subjects in writing of one of the following when the county agency determines that the report is unfounded:
(1) The information will be kept on file at the county agency and clearly identified as an unfounded report of suspected child abuse when the family has been accepted for services.
(2) The report is unfounded and because the family has not been accepted for services that all information will be expunged at the county agency upon notification from ChildLine and that the report will be expunged from the pending complaint file within 120-calendar days of receipt of the report at ChildLine.
(e) The county agency shall provide the notification required under subsection (d) when it notifies ChildLine of the status of the report.
§ 3490.59. Action by the county agency after determining the status of the report.
(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).
(b) If the report is unfounded and not accepted for services but the family is in need of services, other than those provided by the county agency, the county agency shall advise the subjects of the services available.
§ 3490.60. Services available through the county agency.
In addition to those services required in Chapter 3130 (relating to administration of county children and youth social service programs) the county agency shall provide, arrange or otherwise make available the following services for the prevention and treatment of child abuse:
(1) Emergency medical services which include appropriate emergency medical care for examination, evaluation and treatment of children suspected of being abused.
(2) Self-help groups to encourage self-treatment of present and potential abusers.
(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.
(ii) Provide or recommend comprehensive coordinated treatment.
(iii) Periodically assess the relevance of the treatment and the progress of the family.
(iv) Participate in the State or local child fatality review team authorized under section 6340(a)(4) and 6343(b) of the CPSL (relating to release of information in confidential reports; and performance audit), convened by a professional, organization and the county agency for the purpose of investigating a child fatality or the development and promotion of strategies to prevent child fatality.
§ 3490.61. Supervisory review and child contacts.
(a) The county agency supervisor shall review each report of suspected child abuse which is under investigation on a regular and ongoing basis to ensure that the level of services are consistent with the level of risk to the child, to determine the safety of the child and the progress made toward reaching a status determination. 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.
(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. Documentation of this review shall be in the case record.
(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. The contacts may occur either directly by a county agency worker or through purchase of service, by phone or in person but face-to-face contacts with the parent and the child must occur as often as necessary for the protection of the child but no less often than:
(1) Once a week until the case is no longer designated as high risk by the county agency, if the child remains in or returns to the home in which the abuse occurred and the county agency has determined a high level of risk exists for the case.
(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.
(ii) Not at a high risk of abuse or neglect.
(d) A periodic assessment of the risk of harm to the child shall be conducted as required by the State-approved risk assessment process.
(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). 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.
(f) The family service plan shall contain a provision that requires the parents advise the county agency, within 24 hours, when the child or family move from one residence to another.
§ 3490.62. Repeated child abuse.
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). Prior to the meeting with the multidisciplinary team, the agency administrator or designee, the supervisor and caseworker shall review the family service plan and make a recommendation to the multidisciplinary team on the appropriateness of the family service plan and whether additional or different services are necessary to protect the child. 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.
§ 3490.63. (Reserved).
§ 3490.64. (Reserved).
§ 3490.65. (Reserved).
§ 3490.66. (Reserved).
§ 3490.67. Written reports to ChildLine.
(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.
(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:
(1) Pending juvenile court action.
(2) Pending criminal court action.
(3) Indicated, when there is substantial evidence that the child was abused.
(c) The county agency shall submit a new CY-48 to ChildLine as required in subsection (a) when a final status determination is made under subsection (b).
(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.
§ 3490.68. Retention of information on unfounded reports.
(a) When a county agency determines that a report of suspected child abuse is unfounded but accepts the family for services, the agency shall maintain the records under Chapter 3130 (relating to administration of county children and youth social service programs).
(b) If the county agency has determined that a report is unfounded, the status of the report may not be changed subsequently to founded or indicated. If additional information surrounding the incident becomes available, the county agency shall file a new report with ChildLine.
§ 3490.69. Reports not received within 60-calendar days.
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.
§ 3490.70. Expunction and amendment of report by the county agency.
The county agency shall amend or expunge a record of child abuse upon notification from ChildLine. The county agency shall expunge all information in its possession in unfounded, founded and indicated reports of child abuse upon notification from ChildLine. The county agency shall notify those to whom it gave information to take similar action.
§ 3490.71. Guardian ad litem and court designated advocate.
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. 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.
§ 3490.72. (Reserved).
§ 3490.73. Petitioning the court.
The county agency shall petition the court if one of the following applies:
(1) Placement or continued placement of a child is necessary.
(2) A subject of the report of suspected child abuse refuses to cooperate with the county agency in an investigation, and the county agency is unable to determine whether the child is at risk.
(3) The parents refuse services, and the county agency determines that services are in the best interests of the child.
CHILD ABUSE BY AGENTS OF THE COUNTY AGENCY § 3490.81. Responsibilities of the Department and the county agency.
(a) When the suspected abuse has been committed by an agent of the county agency, the regional staff shall investigate the report under section 6362 of the CPSL (relating to responsibilities of county agency for child protective services) and this chapter. The regional staff may not do any of the following:
(1) Take protective custody.
(2) Petition the court.
(3) Provide services.
(b) If a report is determined indicated or founded and the regional staff determines that services are necessary, the regional staff, the county agency in the county where the abuse occurred and the county agency with custody or supervision of the child, if different, shall plan for social and rehabilitative services for the child and perpetrator. The plan shall identify which county is responsible for case management.
(c) Regional staff shall conduct the investigation regardless of the relationship of the agent to the subject child.
CONFIDENTIALITY § 3490.91. Persons to whom child abuse information shall be made available.
(a) Reports, report summaries and other accompanying information obtained under the CPSL and this chapter in the possession of the Department and a county agency are confidential. 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. This material shall only be released under the CPSL and this chapter and be made available only to the following:
(1) An authorized official of a county agency or of an agency of another state that performs protective services analogous to those services performed by county agencies or the Department in the course of the official's duties, multidisciplinary team members assigned to the case and authorized persons providing services by referral or under section 6364 of the CPSL (relating to purchasing services of other agencies). 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.
(2) A physician examining or treating a child or the director of a hospital or medical facility treating a child, if the physician or the director of a hospital or medical facility suspects the child of being an abused child.
(3) A guardian ad litem and court designated advocate for the child.
(4) An authorized official or agent of the Department including the following:
(i) The Secretary.
(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.
(iii) ChildLine staff.
(iv) Authorized officials or agents of the Department who are conducting a performance audit as authorized under section 6343 of the CPSL (relating to investigating performance of county agency) and this chapter.
(5) A court of competent jurisdiction under a court order or a court of common pleas upon written request from a judge in connection with any matter involving custody of a child.
(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 child's siblings and their parents.
(ii) If the court requests specific files or information that is not on file at ChildLine, ChildLine will notify the county agency administrator to provide the information directly to the court.
(6) A standing committee of the General Assembly, under section 6384 of the CPSL (relating to legislative oversight).
(7) The Attorney General.
(8) Federal auditors, if required for Federal financial participation in funding of agencies, but Federal auditors may not remove identifiable reports or copies of them from the Department or county agencies.
(9) Law enforcement officials of any jurisdiction inside or outside of this Commonwealth if the information is relevant in the course of investigating cases of:
(i) Homicide, sexual abuse or exploitation, or serious bodily injury perpetrated by persons whether or not related to the victim.
(ii) Suspected child abuse perpetrated by persons who are not family members.
(iii) Repeated physical injury to a child under circumstances which indicate that the child's health or welfare is harmed or threatened.
(iv) A missing child report.
(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.
(ii) Child abuse perpetrated by persons who are not family members.
(11) Designated county officials in reviewing the competence of the county agency or its employes under the CPSL and this chapter. Officials under this paragraph are limited to the following:
(i) The board of commissioners in counties other than counties of the first class.
(ii) The mayor of a city of the first class under the act of April 21, 1949 (P. L. 665, No. 155), known as the First Class City Home Rule Act.
(iii) An individual serving as a county chief executive as designated by a county home rule charter or optional plan form of government under the act of April 13, 1972 (P. L. 184, No. 62), known as the Home Rule Charter and Optional Plans Law.
(12) A subject of the report upon written request.
(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.
(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.
(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.
(ii) Services provided or arranged by the county agency to protect the child from further child abuse. This information may be released to the required reporter at any time after the report of suspected child abuse has been made.
(16) A prospective adoptive parent, approved by an adoption agency, when considering adopting an abused child in the custody of a county agency. The adoption agency and the county agency having custody of the child shall determine the scope and detail of information which shall be provided so that the prospective parent may make an informed decision to adopt.
(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. The information shall be provided only through staff of the county agency or Department who are members of the team.
(b) Prospective child care service employe applicants, prospective adoptive and foster parents, prospective administrators and prospective operators of child care services, and any person seeking voluntary certification may request and receive information concerning whether there exists on file in the Statewide Central Register indicated or founded reports of child abuse naming the person as perpetrator of child abuse under section 6344 of the CPSL (relating to information relating to prospective child-care personnel).
(c) Information on file at the Statewide Central Register as a result of a request to amend or expunge a founded or indicated report of child abuse under §§ 3490.105 and 3490.105a (relating to request by the subject of a founded or indicated report for expunction or amendment of an abuse report when the report was received by ChildLine prior to July 1, 1995; and request by a perpetrator to amend or expunge an indicated report of child abuse received by ChildLine after June 30, 1995) may only be released to the Secretary or Secretary's designees in the course of their official duties and the Attorney General when conducting an audit under section 6345 of the CPSL (relating to audits by Attorney General).
(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.
§ 3490.92. Requests by and referrals to law enforcement officials.
(a) Requests for child abuse information by law enforcement officials under § 3490.91(a)(9) (relating to persons to whom child abuse information shall be made available) shall be made with the following requirements:
(1) Requests shall be in writing and signed by the law enforcement official.
(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.
(ii) Child abuse perpetrated by persons who are not family members.
(iii) Repeated physical injury to a child under circumstances that indicate that a child's health or welfare is harmed or threatened.
(iv) A missing child report.
(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.
(b) Referrals to law enforcement officials required by § 3490.91(a)(10) shall be made with the following requirements:
(1) Referrals shall be made by the county agency to the District Attorney or other appropriate law enforcement official.
(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:
(i) Homicide.
(ii) Sexual abuse or exploitation.
(iii) Serious bodily injury.
(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.
(4) If during the course of investigating a report of suspected child abuse, the county agency obtains evidence which indicates that referral to law enforcement officials is appropriate, the county agency shall immediately refer the report to the law enforcement official.
(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).
(6) Reports shall be made verbally under policies and procedures developed in conjunction with the district attorney and other law enforcement officials.
(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. Written reports shall be made on forms developed by the Department.
(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.
(c) If the complaint of suspected abuse is determined to be one which cannot be investigated by the county agency because the person accused of the abuse is not a perpetrator, but does suggest the need for investigation, the county agency shall immediately transmit the information to the appropriate authorities.
(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.
(e) Law enforcement officials shall treat all reporting sources and persons who cooperated in the investigation as confidential informants.
§ 3490.93. Requests by designated county officials.
Requests for child abuse information by designated county officials under § 3490.91(a)(11) (relating to persons to whom child abuse information shall be made available) shall be made under the following requirements:
(1) Requests shall be made in writing and addressed to the county administrator.
(2) Requests shall be signed by:
(i) A majority of the county commissioners.
(ii) The mayor of a city of the first class.
(iii) The county chief executive.
(3) Requests shall indicate that the information is needed by the designated county officials as part of an investigation of the competence of a county agency or county agency employe.
(4) Requests shall identify the specific files needed.
(5) The county agency shall provide the requested information and inform the designated county officials that the information may not be released to anyone except those permitted access to this information under § 3490.91 and that they are subject to § 3490.102 (relating to criminal liability for breach of confidentiality).
§ 3490.94. Release of the identity of a person who made a report of child abuse or cooperated in a subsequent investigation.
(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.
(b) Prior to releasing information under subsection (a) to anyone other than a law enforcement official under subsection (a), the Secretary will notify the person whose identity would be released that the person has 30-calendar days to advise the Secretary why this anticipated release would be detrimental to the person's safety.
§ 3490.95. Release of information to required reporters.
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.
(2) The required reporter shall request the information, either verbally or in writing.
(3) Before releasing the allowable information, the county agency shall verify the identity of the required reporter in one of the following ways:
(i) The county agency shall be able to recognize the voice of the required reporter when the request is made verbally by telephone.
(ii) If the county agency is not familiar with the required reporter and does not recognize the reporter's voice the county agency may verify the request of the required reporter by returning the telephone call to the reporter's place of employment.
(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.
(4) The county agency shall release the information under § 3490.91(a)(15) when requested by a required reporter.
(5) The county agency may release the information under § 3490.91(a)(15), either verbally or in writing, to the required reporter whether or not a request for information was received.
(6) The county agency shall inform the required reporter of the reporter's 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).
(7) The county agency shall make an entry of the request made by the required reporter and the response given in the case record.
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