[28 Pa.B. 1079]
[Continued from previous Web Page]
Subchapter B. ABUSE OF STUDENTS IN SCHOOL INTRODUCTION
Sec.
3490.141. Applicability. 3490.142. Purpose. 3490.143. Definitions. SCHOOL RESPONSIBILITIES
3490.151. Required reporting. 3490.152. Responsibilities of administrators and certain school employes. 3490.153. Information provided to the district attorney and law enforcement officials. 3490.154. Release of information by a school employe including an administrator. LAW ENFORCEMENT RESPONSIBILITIES
3490.161. Responsibilities of law enforcement officials. COUNTY RESPONSIBILITIES
3490.171. Receipt and investigation of reports of suspected student abuse. 3490.172. Coordination of an investigation. 3490.173. Notifications by the county agency. 3490.174. Services for students. 3490.175. Expunction and amendment of reports of student abuse by the county agency. DEPARTMENT RESPONSIBILITIES
3490.181. Agents of the county agency. 3490.182. ChildLine files. GENERAL REQUIREMENTS FOR STUDENT ABUSE
3490.191. Request by a school employe to amend or expunge an indicated report of student abuse. 3490.192. Request for a hearing by a school employe for indicated reports of student abuse. 3490.193. Other provisions.
INTRODUCTION § 3490.141. Applicability.
This subchapter applies to the Department, county agencies, law enforcement officials and schools.
§ 3490.142. Purpose.
The purpose of this subchapter is to implement the provisions of the CPSL that relate to student abuse.
§ 3490.143. Definitions.
In addition to the definitions in § 3490.4 (relating to definitions), the following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Administrator--The person, commonly referred to as the principal, responsible for the administration of a school. The term includes an independent contractor of a school.
Founded report for a school employe--A report of student abuse if there is any judicial adjudication based on a finding that the student suffered serious bodily injury or sexual abuse or exploitation, including the entry of a plea of guilty or nolo contendere or a finding of guilt to a criminal charge involving the same factual circumstances involved in the allegations of student abuse.
Indicated report for a school employe--A report of student abuse if an investigation by the county agency determines that substantial evidence of serious bodily injury or sexual abuse or exploitation exists based on one or more of the following:
(i) Available medical evidence.
(ii) The county agency's investigation.
(iii) An admission of causing serious bodily injury to a student or sexually abusing or sexually exploiting a student by the school employe.
School--All schools including public and private schools as defined in the Public School Code (24 P. S. §§ 1-101--27-2702) and private academic schools as defined in 22 Pa. Code Part II (relating to State Board of Private Academic Schools).
School employe--A person employed by or under contract with a school.
Student--An individual enrolled in a school who is under 18 years of age.
Student abuse--One or more of the following:
(i) Serious bodily injury.
(ii) Sexual abuse or sexual exploitation when committed by a school employe against a student.
Subjects of a report--The child, parent, guardian or other person responsible for the welfare of the child and the school employe named in a report of suspected student abuse.
Unfounded report for a school employe--Any report of student abuse. The term does not include a founded report for a school employe or an indicated report for a school employe.
SCHOOL RESPONSIBILITIES § 3490.151. Required reporting.
(a) A school employe who has reasonable cause to suspect, on the basis of professional or other training and experience, that a student coming before the school employe in the employe's professional or official capacity is a victim of serious bodily injury or sexual abuse or sexual exploitation by another school employe, shall immediately notify the administrator of the alleged abuse or injury.
(b) When a school employe learns of suspected student abuse from another person, the school employe shall notify the administrator of the alleged student abuse if the school employe has reasonable cause to suspect, on the basis of professional or other training and experience, that the student is a victim of serious bodily injury or sexual abuse or sexual exploitation by a school employe.
(c) If an administrator learns of suspected student abuse from another person, the administrator shall make a report of suspected student abuse as required by this subchapter.
§ 3490.152. Responsibilities of administrators and school employes.
(a) An administrator, and in certain cases a school employe, shall report immediately to law enforcement officials and the appropriate district attorney a report of abuse or injury alleged to have been committed by a school employe against a student. If an administrator is the school employe who suspects injury or abuse, the administrator shall make a report to law enforcement officials and the appropriate district attorney.
(b) If the administrator is the employe suspected of abusing the student, the school employe who suspects the abuse shall immediately report that information to law enforcement officials and the appropriate district attorney.
(c) The verbal report shall be followed up with a written report on a form provided by the Department.
§ 3490.153. Information provided to the district attorney and law enforcement officials.
The school official shall provide the following information to the district attorney and law enforcement officials on a form provided by the Department:
(1) The name, age and home address of the student.
(2) The name and address of the school.
(3) The name and address of the student's parent or guardian.
(4) The name and address of the administrator or school employe who made the report.
(5) The name, work and home address of the school employe suspected of abusing the student.
(6) The nature of the alleged offense.
(7) Specific comments or observations that are directly related to the alleged incident and the individuals involved.
§ 3490.154. Release of information by a school employe including an administrator.
(a) Information in a student abuse report is confidential and may only be released by a school employe who made a report of suspected student abuse to:
(1) The administrator.
(2) A law enforcement official in the course of investigating the allegation of suspected student abuse.
(3) A county agency worker.
(4) A school official in the course of conducting an internal investigation of the allegation of suspected student abuse.
(5) The appropriate persons in a licensing proceeding, disciplinary action, appeal proceeding, civil or criminal proceeding.
(6) Any social services agency or person providing services to the child and the child's family.
(b) Subsection (a)(2)--(6) applies to an administrator when the administrator made the report of suspected student abuse.
LAW ENFORCEMENT RESPONSIBILITIES § 3490.161. Responsibilities of law enforcement officials.
(a) Law enforcement officials, in cooperation with the district attorney, shall accept the report of suspected student abuse for investigation and determine what criminal charges, if any, will be filed against the school employe.
(b) Law enforcement officials shall notify the county agency in the county where the alleged student abuse occurred when law enforcement officials have reasonable cause to suspect, on the basis of their initial review, that there is evidence of suspected student abuse.
COUNTY RESPONSIBILITIES § 3490.171. Receipt and investigation of reports of suspected student abuse.
(a) The county agency is the sole civil agency responsible for investigating reports of suspected student abuse. The investigation shall be conducted by a protective service worker.
(b) When a county agency receives a report of suspected student abuse, it shall immediately notify ChildLine of the receipt of the report and begin an investigation as soon as possible.
(c) At a minimum, the county agency shall have a face-to-face interview with the child, witnesses to the abuse and the school employe suspected of causing the abuse, unless the employe refuses to be interviewed.
(d) The county agency's investigation shall be completed within 60-calendar days of when the report was received by ChildLine. The county agency shall submit a Child Protective Service Investigation Report form to ChildLine with a status determination of founded, indicated, unfounded or pending criminal court action. If the Child Protective Service Investigation Report form is not received within 60-calendar days from the date the report was received by the county agency, the report shall be considered unfounded.
(e) If the investigation cannot be completed within 60- calendar days because an arrest has been made or there is criminal court action pending, the county agency shall send the County Agency Investigation Report to ChildLine with a status determination of one of the following:
(1) Pending criminal court action.
(2) Indicated, when their is substantial evidence that the child was abused.
(f) The county agency shall submit a new Child Protective Service Investigation Report form to ChildLine as required in subsection (a) when a final status determination is made.
§ 3490.172. Coordination of an investigation.
(a) The county agency and law enforcement officials shall coordinate their investigations to the fullest extent possible. Interviews with the student shall be conducted jointly. Law enforcement officials may interview the school employe prior to the county agency contacting the employe.
(b) The joint interview with the child may be waived on an individual case-by-case basis if both the county agency and law enforcement official agree that it is in the best interest of the child.
(c) The county agency and law enforcement officials shall keep each other informed of their respective investigations.
(d) The county agency and law enforcement officials shall avoid taking or arranging to have taken duplicate photographs, medical tests or X-rays of a student, whenever possible.
(e) The county agency may rely on a factual investigation of substantially the same allegation by a law enforcement official to support the agency's finding. This reliance does not relieve the county agency from conducting its own investigation.
§ 3490.173. Notifications by the county agency.
(a) Prior to the initial interview with a subject of a report of student abuse, the county agency shall verbally notify the subject of the existence of the report, the allegations of abuse and the school employe's rights regarding amendment and expunction.
(b) Within 72 hours of the initial interview, the county agency shall notify the subject in writing of the following:
(1) The existence of the report.
(2) The allegations of abuse.
(3) The school employe's rights regarding amendment and expunction.
(4) The right to obtain a copy of the report from ChildLine or the county agency.
(5) The fact that unfounded reports are expunged within 120-calendar days of receipt of the report by ChildLine.
(6) The effect that a founded or indicated report of child abuse or student abuse has on a school employe responsible for student abuse seeking employment in a child care service or as a school employe.
(c) The written notice shall be given to all subjects before the status determination is submitted to ChildLine.
(d) The county agency shall notify, in writing, the district attorney and the law enforcement officials who conducted the investigation and the school administrator or employe, or both, who made the report to the district attorney and law enforcement officials of the status of the report when the county agency notifies ChildLine of the status of the report.
§ 3490.174. Services for students.
The county agency shall assist the student who was abused and the student's parents in locating services for the student, if necessary.
§ 3490.175. Expunction and amendment of reports of student abuse by the county agency.
The county agency shall amend a record of student abuse upon notification from ChildLine. The county agency shall expunge all information in its possession in unfounded, indicated and founded reports of student abuse upon notification from ChildLine.
DEPARTMENTAL RESPONSIBILITIES § 3490.181. Agents of the county agency.
The regional staff of the Department will investigate reports of suspected student abuse when the person alleged to have abused the student is an agent of the county agency.
§ 3490.182. ChildLine files.
ChildLine will establish three files for reports of student abuse as follows:
(1) The pending complaint file for reports under investigation which shall contain the following information:
(i) The name and address of the student and the student's parents or guardians.
(ii) Where the suspected abuse or injury occurred.
(iii) The age and sex of the student.
(iv) The nature and extent of the suspected abuse or injury.
(v) The name and home address of the school employe alleged to have committed the abuse or injury.
(vi) The relationship of the school employe alleged to have committed the abuse to the student who was allegedly abused by the school employe.
(vii) The source of the report (the name of the law enforcement official) to the county agency.
(viii) The actions taken by the county agency, law enforcement officials, parents, guardians, school officials or other persons, including the taking of photographs, medical tests and X-rays.
(2) The Statewide Central Register of indicated and founded reports for school employes which shall contain the following information:
(i) The name, Social Security number, date of birth and sex of the subjects of the report.
(ii) The home address of the subjects of the report.
(iii) The date and the nature and extent of the abuse.
(iv) The county in which the abuse occurred.
(v) The factors contributing to the abuse.
(vi) The relationship of the school employe who abused the student to the student.
(vii) The source of the report (name of school administrator/school employe who made the report to a law enforcement official and the district attorney).
(viii) Whether the report is a founded or indicated report.
(ix) Information obtained by the Department in relation to a school employe's request to release, amend or expunge information retained by the Department or the county agency.
(x) The progress of any administrative or civil legal proceedings brought on the basis of the report.
(xi) Whether a criminal investigation was done and the result of the investigation and of any criminal prosecution.
(3) The file of unfounded reports awaiting expunction which contains the same information that is in the Statewide Central Register.
GENERAL REQUIREMENTS FOR STUDENT ABUSE § 3490.191. Request from a school employe to amend or expunge an indicated report of student abuse.
(a) The school employe responsible for the student abuse may request the Secretary to amend or expunge an indicated report for a school employe on the grounds that it is inaccurate or it is being maintained in a manner inconsistent with this chapter. The written request must be postmarked within 45-calendar days of the mailing date of the letter from the Statewide Central Register notifying the employe of the indicated status.
(b) The Secretary will decide whether to grant or deny a request made under subsection (a) within 30-calendar days from the date the request is received. The Secretary will notify all subjects of the report and the appropriate county agency of the decision by first-class mail.
§ 3490.192. Request for a hearing from a school employe for indicated reports of student abuse.
(a) The school employe responsible for the student abuse has the right to appeal the Secretary's decision to deny the request to amend or expunge an indicated report by filing an appeal with the Secretary.
(b) Any other subject of a report and the county agency have the right to appeal the Secretary's decision to grant the request.
(c) Appeals shall be in writing to the Secretary's designee, the Bureau of Hearings and Appeals, and be postmarked within 45-calendar days from the mailing date of the Secretary's notification letter.
(d) If an appeal is filed, a hearing shall be held before the Department's Bureau of Hearings and Appeals.
(e) Except as provided in subsection (f), hearings will be conducted under 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure).
(f) 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).
(g) The burden of proof in hearings held under this section is as follows:
(1) If another subject or the county agency appeals the Secretary's decision to grant the request, the subject or the county agency who filed the appeal bears the burden of proof.
(2) The county agency bears the burden of proof if a school employe appeals the Secretary's decision to deny the request to amend or expunge a report of student abuse.
(h) Parties to a hearing held under this section have 15 days from the date of the final order of the Bureau of Hearings and Appeals to request the Secretary to reconsider the decision or 30 days to appeal the final order to Commonwealth Court.
(i) An administrative appeal proceeding will be automatically stayed upon notice to the Department by 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.
§ 3490.193. Other provisions.
The following sections apply to reports of student abuse to the extent that they are applicable:
(1) Section 3490.31 (relating to receipt of reports).
(2) Section 3490.35 (relating to Statewide Central Register).
(3) Section 3490.36 (relating to providing information to the county agency).
(4) Section 3490.37 (relating to release of information: Statewide Central Register, pending complaint file and file of unfounded reports).
(5) Section 3490.38 (relating to authorized studies of child abuse data).
(6) Section 3490.40 (relating to notifications regarding indicated reports).
(7) Section 3490.40a (relating to notifications regarding founded reports).
(8) Section 3490.41 (relating to determination of time).
(9) Section 3490.42 (relating to performance audit and reviews).
(10) Section 3490.54 (relating to independent investigation of reports).
(11) Section 3490.65 (relating to staffing and staff qualifications).
(12) Section 3490.91 (relating to persons to whom child abuse information shall be made available).
(13) Section 3490.93 (relating to requests by designated county officials).
(14) Section 3490.94 (relating to the release of the identity of a person who made a report of child abuse or cooperated in a subsequent investigation).
(15) Section 3490.104 (relating to release of information to a subject of a report).
(Editor's Note: The Department is proposing to delete §§ 3490.201--3490.215 as they currently appear in the Pennsylvania Code at pages 3490-43--3490-46, serial pages (211753) to (211756). The proposed text for Subchapter C is being printed in regular typeface to enhance readability.)
§§ 3490.201--3490.215. (Reserved).
Subchapter C. GENERAL PROTECTIVE SERVICES INTRODUCTION
Sec.
3490.221. Applicability. 3490.222. Purposes. 3490.223. Definitions. COUNTY RESPONSIBILITIES
3490.231. Functions of the county agency for general protective services. 3490.232. Receiving reports and assessing the need for services. 3490.233. Protective custody. 3490.234. Notifications. 3490.235. Services available through the county agency for neglected children. 3490.236. General protective services records. GENERAL REQUIREMENTS FOR GENERAL PROTECTIVE SERVICES
3490.241. Appeals with respect to general protective services. 3490.242. Confidentiality.
INTRODUCTION § 3490.221. Applicability.
This subchapter applies to the Department and county children and youth social service agencies.
§ 3490.222. Purposes.
The purposes of this subchapter are to:
(1) Protect the rights and welfare of children so that they have an opportunity for healthy growth and development.
(2) Assist parents in recognizing and remedying conditions harmful to their children and in fulfilling their parental duties in a manner that does not put their children at risk.
§ 3490.223. Definitions.
In addition to the definitions in § 3490.4 (relating to definitions), the following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Assessment--An evaluation by the county agency to determine whether or not a child is neglected and in need of general protective services.
Custodial parent--The parent responsible for the day- to-day care and supervision of the child.
General protective services--Those activities and services arranged or provided, or both, by each county agency for neglected children and their families both during the assessment and while the case is open for services.
Neglect--An act or failure to act by a parent or the primary person responsible for the care of a child which results in a failure to provide the essentials of life and which creates a potential for harm to the child's safety, functioning or development. A child will not be considered neglected based solely on environmental factors that are beyond the control of the parent or the primary person responsible for the child's care including inadequate housing, furnishings, income, clothing and medical care. For purposes of the definition of ''neglect,'' the following terms have the following definitions:
(i) Essentials of life--Food, shelter, clothing, health care, personal care, education as required by law, proper supervision and protection from physical, sexual or emotional injury.
(ii) Primary person who is responsible for the care of a child--A person who provides or arranges ongoing care and supervision to a child in lieu of parental care and supervision.
(iii) Potential for harm--Likely, if permitted to continue, to have a detrimental effect on the child's health, development or functioning. The term does not include imminent risk as defined in the definition of ''child abuse'' in § 3490.4 (relating to definitions).
Report--A verbal or written statement to the county agency from someone alleging that a child is neglected.
COUNTY RESPONSIBILITIES § 3490.231. Functions of the county agency for general protective services.
Each county agency is responsible for administering a program of general protective services to neglected children that is consistent with the Department's objectives to:
(1) Keep children in their own homes, whenever possible.
(2) Prevent abuse, neglect and exploitation of children.
(3) Overcome problems that could result in dependency.
(4) Provide temporary, substitute placement in a foster family home, the home of a relative or residential child-care facility for children in need of this care.
(5) Reunite children and their families, whenever possible, when children are in temporary, substitute placement.
(6) Provide a permanent, legally assured family for children in temporary, substitute care who cannot be returned to their own home.
(7) Provide services and care ordered by the court for children who have been adjudicated dependent.
§ 3490.232. Receiving reports and assessing the need for services.
(a) The county agency shall be the sole civil agency responsible for receiving and assessing all reports of suspected neglect. This subchapter does not limit section 6304 of the Juvenile Act (relating to powers and duties of probation officers).
(b) The county agency shall provide 24-hours-per-day/7-days-per-week telephone access to receive reports of suspected neglect.
(c) Upon receipt of a report, the county agency shall make an initial determination whether or not to:
(1) Accept the report for an assessment.
(2) Refer the information for other services provided by the county agency.
(3) Refer the person to another agency.
(d) When the county agency accepts the report for an assessment, the county agency shall see the child immediately if emergency protective custody has been taken, is needed, or if it cannot be determined from the report whether or not emergency protective custody is needed. Otherwise, the county agency shall prioritize the response time for an assessment to assure that children who are most at risk receive an assessment first.
(e) The county agency shall use a State-approved risk assessment process as required by § 3490.321 (relating to establishment of standards for a risk assessment process) to:
(1) Aid in its assessment of whether to accept the family for services.
(2) Insure that its assessment is comprehensive.
(3) Help determine the need for general protective services.
(f) The county agency shall complete an assessment to determine whether or not the child is neglected and whether or not the family should be accepted for general protective services within 60-calendar days from the date the agency received the report and accepted the report for an assessment under subsection (c)(1).
(g) The county agency shall see the child and visit the child's home during the assessment period. The home visits shall occur as often as necessary to complete the assessment and insure the safety of the child. There shall be a least one home visit.
(h) The county agency shall interview the child, if age appropriate, and the custodial parent or the primary person who is responsible for the care of the child. The county agency shall also conduct interviews with those persons who are known to have or may reasonably be expected to have information that would be helpful to the county agency in determining whether or not the child is neglected and in need of general protective services.
(i) The county agency may make unannounced home visits.
(j) The county agency shall provide or arrange appropriate services when necessary to protect the child during the assessment period.
(k) The county agency shall initiate the appropriate court proceedings and assist the court during all stages of the court proceedings if the county agency determines that an assessment or protective services, or both, are in the best interest of a child and if an offer of an assessment, a home visit or services is refused by the parent or the primary person who has responsibility for the care of the child.
§ 3490.233. Protective custody.
(a) A child suspected of being neglected may be taken into protective custody under §§ 3490.15--349.17 and 3490.57.
(b) The director or a hospital or other medical facility or a physician examining or treating a child may take a child into protective custody if protective custody is immediately necessary in the director's or physician's judgment to protect the child and as indicated by the following examples:
(1) Medical indications of prolonged neglect, the seriousness of the neglect, statements of the parents indicating they are unlikely to seek necessary treatment for the neglect, which if not treated would lead to serious physical neglect.
(2) There is medical evidence that the child's physical condition constitutes a medical emergency which requires immediate hospitalization to prevent more serious neglect or serious physical impairment.
(3) The parents, after being advised that the child's physical condition constitutes a medical emergency will make no immediate arrangement for medically adequate alternative treatment.
§ 3490.234. Notifications.
(a) The county agency shall notify the custodial parent or the primary person who is responsible for the care of the child of the receipt of the report and that the county agency will do an assessment to determine the need for general protective services. The notification shall be made verbally at the time of the initial interview.
(b) The county agency shall provide written notice to the parents of the child suspected of being neglected and the primary person who is responsible for the care of the child of the county agency's decision to accept the family for general protective services because of neglect within 7- calendar days of making the decision. If the Department accepts the family for services, it shall include in the notice:
(1) The reasons why the Department accepted the family for services.
(2) The right of the custodial parent or the primary person responsible for the care of the child to appeal the county agency's decision that the child is neglected and is in need of services.
(3) The request for an appeal shall be received by the county agency within 45-calendar days of the mailing date of the written notice in this subsection.
(4) How to appeal the county agency's decision that the child is neglected and is in need of services.
(5) The appeal request shall specify the reasons why the child is not neglected and services are not needed.
§ 3490.235. Services available through the county agency for neglected children.
(a) The county agency shall provide, arrange or otherwise make available the same services for neglected children as for abused children under § 3490.60 (relating to services available through the county agency).
(b) The county agency shall develop a family service plan as required by § 3130.61 (relating to family service plans) for each family accepted for general protective services.
(c) The county agency shall monitor the provision of services and evaluate the effectiveness of the services provided under the family service plan under § 3130.61 (relating to family service plans).
(d) The county agency may purchase and use the services of an appropriate public or private agency under Chapter 3130 (relating to the administration of county children and youth social service programs).
(e) The county agency supervisor shall review each report of suspected child neglect which is being assessed on a regular and ongoing basis to determine the safety of the child and the progress made toward reaching a determination on the need for protective services. The supervisor shall maintain a log of these reviews.
(f) When a case has been accepted for service and a family service plan has been developed under Chapter 3130, 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 which are 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.
(g) When a case has been accepted for services, 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 by phone or in person but face-to-face contacts with the parent and the child shall occur as often as necessary for the protection of the child but at least:
(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 neglect 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 of the following:
(i) Placed out of the home or setting in which the neglect occurred.
(ii) Not at a high risk of abuse or neglect.
(h) A periodic assessment of the risk of harm to the child shall be conducted as required by the State-approved risk assessment process.
(i) Except when ordered by the court in a proceeding brought under the Juvenile Act, a county agency is not required to duplicate services which are the statutory responsibility of another agency.
(j) The county agency shall aid the child and the family in obtaining benefits and services for which they may qualify under Federal, State and local programs.
§ 3490.236. General protective services records.
(a) Records for reports that are accepted for general protective services shall be maintained under § 3130.43 (relating to family case records). In addition to the information required by § 3130.43, the records shall contain the following information:
(1) The nature of the neglect.
(2) The date and source of the report.
(3) The names and addresses of the persons interviewed in conducting the assessment.
(4) The services provided by the county agency during the assessment.
(b) Records for reports that are not accepted for service shall be maintained for 5 years following the receipt of the latest report of suspected neglect. The following information shall be maintained:
(1) The name and address of the child.
(2) The names and addresses of the parents.
(3) The name and address of the primary person who is responsible for the care of the child.
(4) The allegations of neglect.
(5) The date and source of the report.
(6) The names and addresses of the persons interviewed in conducting the assessment.
(7) The services provided by the county agency during the assessment.
(8) Referral to other community agencies.
(9) A summary of the assessment and reason for not accepting the family for general protective services.
GENERAL REQUIREMENTS FOR GENERAL PROTECTIVE SERVICES § 3490.241. Appeals with respect to general protective services.
(a) When a county agency accepts a case for services, the custodial parent or the primary person who is responsible for the care of the child may appeal that decision.
(b) The county agency shall establish policies and procedures for handling these appeals. The policies and procedures shall be in the agency's manual as required by § 3130.21(h)(4) (relating to responsibilities of county executive officers).
(c) An appeal from the custodial parent or the primary persons who are responsible for the care of the child shall be received by the county agency within 45-calendar days of the date of the letter from the county agency notifying the person of the Department's decision to accept the child and family for services. The written appeal request shall be made to the county agency administrator and specify the reasons why the child is not neglected and in need of services.
(d) The county agency shall review the request and issue a written decision to the person who made the request within 45-calendar days of the receipt of the appeal. If the agency denies the request, the person who made the request shall be advised in writing of his right to a hearing before the Department's Bureau of Hearings and Appeals and that this request shall be made within 45-calendar days of the date of the letter from the county agency notifying the person of the agency's decision denying the request.
(e) If a hearing is requested, the Bureau of Hearings and Appeals will schedule a hearing under Article IV of the Public Welfare Code (62 P. S. §§ 401--493), and applicable Department regulations. The burden of proof in the hearing shall be on the county agency. The Department will assist the county agency as necessary.
(f) The Department is authorized and empowered to make an appropriate order regarding records to make them accurate or consistent with this chapter.
(g) Neither the county administrator nor the director of the Bureau of Hearings and Appeals may issue a ruling modifying the term of a service plan which has been specifically approved or ordered by a court of competent jurisdiction.
(h) Action by the custodial parent or the primary person who is responsible for the care of the child under this section does not preclude the custodial parent or the primary person who is responsible for the care of the child the right to exercise other appeals available through Department regulations or the courts.
§ 3490.242. Confidentiality.
(a) Information obtained by the county agency or Department in connection with general protective services may only be released:
(1) Under § 3130.44 (relating to confidentiality of family case records).
(2) To another county agency.
(3) To an official of an agency of another state that performs general protective services analogous to those services performed by county agencies or the Department in the course of the official's duties.
Subchapter D. GENERAL REQUIREMENTS FOR CHILD PROTECTIVE SERVICES AND GENERAL PROTECTIVE SERVICES INTRODUCTION
Sec.
3490.301 Applicability. 3490.302 Purpose. 3490.303 Definitions. STAFF ORIENTATION, TRAINING AND CERTIFICATION REQUIREMENTS
3490.311. Establishment of a staff development process. 3490.312. Training program requirements for direct service workers. 3490.313. Direct service worker certification requirements for supervisors who supervise direct service workers. 3490.314. Training and certification requirements for supervisors who supervise direct service workers. RISK ASSESSMENT
3490.321. Establishment of standards for a risk assessment process. 3490.322. County agency compliance with risk assessment standards. ANNUAL REPORT
3490.331. Annual report on required activities. STAFF RATIOS
3490.341. Staff-to-family ratios. FAILURE TO COOPERATE
3490.351. Willful failure to cooperate. STANDARDS FOR STAFF
3490.361. Requirements for agencies providing protective services. 3490.362. Licensure requirements for persons providing services arranged or provided by the county agency. ATTORNEY FOR THE COUNTY AGENCY
3490.371. Availability of an attorney for the county agency. LAW ENFORCEMENT OFFICIALS
3490.381. Law enforcement assistance. ANNUAL PLAN
3490.391. County agency plan. TRANSFER OF CASES
3490.401. Intercounty transfer of cases.
INTRODUCTION § 3490.301. Applicability.
This subchapter applies to county agencies and other agencies and persons who provide services to abused and neglected children.
§ 3490.302. Purpose.
The purpose of this subchapter is to consolidate regulations that apply to both child protective services and general protective services.
§ 3490.303. Definitions.
In addition to the definitions in § 3490.4 (relating to definitions), the following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
CORE--Training in foundation level skills which are needed by all direct service workers in county agencies to provide services to abused and neglected children and their families.
Risk assessment--A Department-approved systematic process that assesses a child's need for protection or services based on the risk of harm to the child.
Training program--The Pennsylvania Child Welfare Competency-Based Training and Certification Program.
STAFF ORIENTATION, TRAINING AND CERTIFICATION REQUIREMENTS § 3490.311. Establishment of a staff development process.
(a) In fulfillment of the requirements of section 6383 of the CPSL (relating to education and training), the Department will implement an initial and ongoing training program for direct service workers and supervisors in county agencies.
(b) To implement the training program, the Department will establish a steering committee cochaired by a representative from the Department and a representative from the Pennsylvania Children and Youth Administrators, Inc.
(c) The steering committee shall provide recommendations to the Department for the establishment and implementation of policies and procedures relating to staff orientation, training and certification as required by the CPSL and this chapter and provide recommendations for overall staff development designed to improve the competency of the direct service workers and supervisors in county agencies.
(d) The steering committee shall include among its functions the evaluation of program effectiveness tested against measurable outcomes.
§ 3490.312. Training program requirements for direct service workers.
(a) The county agency shall establish and implement policies for orientation of direct service workers.
(b) The county agency shall establish and implement written policies on the assignment of cases to new staff and staff reassigned as direct service workers, including the criteria used to determine when a worker is prepared to assume responsibility for a full caseload.
(c) The county agency shall implement the supervisors' orientation, training and resource manual. A county agency may implement its own process or manual provided it addresses the objectives of the manual provided through the training program and is approved by the Department.
(d) The Department, with consultation from its steering committee, will establish standards, a process and a program for county agencies relating to the initial and ongoing certification of direct service workers including the following requirements:
(1) Direct service workers include all persons providing direct services to children and families and case management functions on a full-time or part-time basis.
(2) Direct service workers hired on or after July 1, 1996, shall be certified under the established standards within 18 months of their date of employment.
(3) Direct service workers who were not in a permanent employment status as of July 1, 1996, shall have been certified by December 31, 1997.
(4) Permanent direct service workers hired prior to July 1, 1996, are certified.
(5) Direct service workers hired after June 30, 1996, who are in the process of achieving initial certification may be assigned a caseload, up to the caseworker-to-family ratio of the county agency, based on the worker's ability to handle job duties as determined by the written policy of the county agency.
(6) Initial certification of direct service workers shall include the following components:
(i) A minimum of 120 hours of CORE training.
(A) The content of CORE training shall be determined by the Department in consultation with the steering committee.
(B) The content of CORE training shall be subject to periodic review by the Department and the steering committee for continued relevancy.
(C) An overview of CORE training shall be communicated by the Department to the county agencies and direct service workers through a Departmental bulletin.
(D) Upon request by a county agency and approval by the Department, a county agency may provide the CORE training developed by the training program to its direct service workers.
(E) The county agency shall maintain a record of CORE training completed for certification in the employe's personnel file.
(ii) A decision by the employing county agency that the worker is certified.
(A) The decision shall be based on an assessment of the worker's ability to apply the principles, concepts and content of CORE training, the supervisors' orientation, training and resource manual or its equivalent and other learning opportunities to on-the-job situations. The assessment shall conclude with a decision of whether or not the worker is certified.
(B) The assessment shall be in writing and reviewed with the employe. The employe shall be given a copy of the assessment. A copy of the assessment shall be maintained in the employe's personnel file.
(7) The county agency shall determine the county agency's training year.
(8) Ongoing certification of direct service workers shall include the following:
(i) Documentation of completion of a minimum of 20 hours of training annually. For direct service workers who complete the CORE training during the county agency's training year, the county agency shall pro rate the number of required training hours that a direct service worker shall take in the county agency's training year schedule. Training content shall be based on the annual administration of an assessment of individual training needs and the development of an individual training plan. Ongoing training, as identified in the individual training plan, may be obtained through the training program provided by a county agency or obtained through another provider.
(ii) Courses from an accredited school of social work which are successfully completed by a direct service worker shall be acceptable in meeting the ongoing certification requirements.
(iii) The county agency shall maintain a record of training required for ongoing certification, including the needs assessment, training plan and courses attended in the employe's personnel file.
(iv) The date of initial certification for grandfathered workers is June 30, 1996.
(9) The county agency shall provide its direct service workers the opportunity to obtain initial and ongoing certification status.
(10) The county agency may not allow an employe who fails to achieve or maintain certified status to perform direct service duties.
§ 3490.313. Direct service worker certification requirements for supervisors who supervise direct service workers.
(a) Supervisors who supervise direct service workers shall be certified as direct service worker. Supervisors with permanent status on June 30, 1996, and who supervise direct service workers are grandfathered as certified direct service workers. Supervisors hired, transferred or promoted after June 30, 1996, who are not certified, shall meet the certification requirements in the training program requirements for direct service workers within 12 months of employment or transfer.
(b) Supervisors who supervise direct service workers who fail to meet the requirement of subsection (a) may not be permitted by the county agency to supervise direct service workers.
§ 3490.314. Training and certification requirements for supervisors who supervise direct service workers.
Persons hired, transferred or promoted to supervise direct service workers after December 31, 1997, shall complete a supervisor's training program approved by the Department in consultation with the steering committee. The content of the training and certification requirements will be communicated by the Department to the county agencies and supervisors through a Departmental bulletin.
RISK ASSESSMENT § 3490.321.Establishment of standards for a risk assessment process.
(a) The Department and county agencies shall jointly establish standards for the implementation of the risk assessment process under sections 6362(e) and 6375(c)(2) of the CPSL (relating to responsibilities of county agency for child protective services; and county agency requirements for general protective services) and this chapter.
(b) The standards established for risk assessment shall include the following:
(1) A statement of purpose for the process.
(2) The core set of factors against which risk shall be assessed.
(3) The application of the process, including the points at which the process shall be applied and the periodicity of application.
(4) The recordkeeping requirements.
(5) The process for Commonwealth approval.
(c) The Department and counties shall review the implementation of the risk assessment process on an ongoing basis to ensure that the standards established are consistent with good practice and the results of research.
(d) The Department will publish in a Departmental bulletin the standards established under subsection (b). Any subsequent changes in these standards will be communicated by the Department to the county agencies through a Departmental bulletin.
(e) The standards established under subsection (b) apply to Subchapters A and C (relating to child protective services; and general protective services).
§ 3490.322. County agency compliance with risk assessment standards.
(a) Each county agency shall implement a State-approved risk assessment process in performance of its duties under sections 6362(e) and 6375(c)(2) of the CPSL (relating to responsibilities of county agency for child protective services; and county agency requirements for general protective services) and this chapter.
(b) Each county agency shall implement the State-approved risk assessment process approved by the Department on July 1, 1997.
(c) The county agency shall implement its risk assessment process in a way which supports its overall decisionmaking process for, and approach to, protective services.
(d) The county agency in developing and implementing the Family Service Plan and Placement Amendment as required by Chapter 3130 (relating to administration of county children and youth social service programs) shall assure that the level of activity, in person contacts with the child, oversight, supervision and services for the child and family are consistent with the level of risk as determined by the county agency for the case.
ANNUAL REPORT § 3490.331. Annual report on required activities.
(a) The Department will report annually to the Governor and General Assembly on the activities regulated by this chapter, including the operations of the Statewide Central Register and the protective services provided by the county agencies. The report shall contain a statistical analysis of the following:
(1) The reports of suspected child abuse received by the Department.
(2) The reports of suspected student abuse received by the Department.
(3) The results of requests for child care clearances received by the Department.
(4) The costs to implement the CPSL.
(5) An evaluation of services offered in response to the CPSL.
(6) The protective service referrals received and accepted by county agencies.
(7) The children over whom the county agencies maintain continuing supervision.
(8) The protective service cases closed by county agencies.
(9) The services provided to children and their families.
(10) Recommendations for Legislative changes and the estimated increase or decrease in cost.
(b) The data required in subsection (a)(6)--(9) shall be submitted by the county agencies through the Children and Youth Quarterly Aggregate Reporting System on Form CY-28 until the Department has implemented the child specific Adoption and Foster Care Analysis and Reporting System which will include information on protective services.
STAFF RATIOS § 3490.341. Staff-to-family ratios.
Staff-to-family ratios for protective service workers shall be in accordance with §§ 3130.32 and 3140.17 (relating to staffing requirements; and review of county plans and budgets).
FAILURE TO COOPERATE § 3490.351. Willful failure to cooperate.
An agency, school district or facility, or a person acting on behalf of an agency, school district or facility, that violates this chapter by willfully failing to cooperate with the Department or a county agency when investigating a report of suspected child abuse, suspected student abuse or suspected neglect commits a summary offense for a first violation and a misdemeanor of the third degree for subsequent violations under section 6346 of the CPSL (relating to cooperation of other agencies).
STANDARDS FOR STAFF § 3490.361. Requirements for agencies providing protective services.
The county agency shall arrange for or provide protective services for children and their families only through agencies that comply with §§ 3130.21(4), 3130.39 and 3130.40 (relating to responsibilities of county executive officers; services and facilities which may be used; and delivery of services through other service providers).
§ 3490.362. Licensure requirements for persons providing services arranged or provided by the county agency.
The county agency shall arrange for or provide services from persons who are not affiliated with an agency under § 3490.361 (relating to requirements for agencies providing services) only if the persons possess a valid license issued by the Department of State, if the profession is subject to mandatory licensure.
ATTORNEY FOR THE COUNTY AGENCY § 3490.371. Availability of an attorney for the county agency.
The county agency shall retain or ensure the availability of an attorney for consultation with and representation of the county agency in fulfilling its responsibilities under the CPSL and this chapter.
LAW ENFORCEMENT OFFICIALS § 3490.381. Law enforcement assistance.
A county agency staff member may request a law enforcement officer to be present at any time during the course of fulfilling the county agency's staff person's responsibilities under the CPSL and this chapter without violating the confidentiality provisions of the CPSL or this chapter when the worker fears for his own safety or the safety of anyone else involved.
ANNUAL PLAN § 3490.391. County agency plan.
The county agency shall comply with Chapter 3140 (relating to planning and financial reimbursement requirements for county children and youth social service programs) regarding the development and submission of a plan for the provisions of protective services required by the CPSL and this chapter.
TRANSFER OF CASES § 3490.401. Intercounty transfer of cases.
(a) County agencies shall share that information with each other which will assist them in providing services to children and parents in delivering protective services.
(b) When a report of suspected child abuse or neglect is under investigation or assessment or when a case has been accepted for protective services and the family moves to another county, and the address is known, the county shall:
(1) Immediately telephone the receiving county agency and tell them the name and address of the child and parents, the reason for agency involvement, the status of the case, the services that were being provided, the level of risk assigned to the case and any other information that would assist the receiving agency.
(2) Within 24 hours of the phone call, send a fax to the receiving agency to confirm the referral. The faxed information shall contain the name and address of the child and parents, the level of risk assigned to the case and the status of the case.
(c) The receiving agency shall accept the referral and determine what services are necessary to protect the child from abuse or neglect.
(d) When the case is a high risk case, the receiving county agency shall reassess the risk of abuse or neglect to the child and see the child within 24 hours of receiving the telephone referral. The county agency worker shall see the child at the child's new address.
(e) Within 72 hours of the telephone referral, the referring agency shall fax or send to the receiving agency by overnight mail:
(1) The family demographics.
(2) The current family service plan and placement amendment.
(3) The current risk assessment matrix and summary.
(4) Court petitions and court orders.
(5) A social summary, when available.
(6) A copy of the CY-48 and other relevant ChildLine forms.
(7) Other information that would assist the receiving agency in providing services to the child and parents.
(f) When a report of suspected child abuse or neglect is under investigation or assessment or when a case has been accepted for protective services and the family moves to another county, and the county where the child has moved to is known but not the street address, the referring county agency shall telephone the receiving county and give them the names and dates of birth of the child and parents. The receiving county shall accept and keep the information on file if the child or parents are subsequently referred to the receiving agency. If the family is referred to the receiving county agency, the receiving county agency shall contact the referring agency and follow the procedures under subsections (c) and (d) and request the referring agency to send the information under subsection (e).
[Pa.B. Doc. No. 98-324. Filed for public inspection February 20, 1998, 9:00 a.m.]
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