[28 Pa.B. 1079]
[Continued from previous Web Page] § 3490.15. Taking a child into protective custody.
(a) The following persons may take a child into protective custody:
* * * * * (2) The director of a hospital or other medical facility or a physician examining or treating a child under [the requirements of] section [8] 6315 of the CPSL (relating to taking child into protective custody) [(11 P. S. § 2208)] and subsection (b).
(b) The director or physician may take a child into protective custody if [he determines that] protective custody is immediately necessary in the director's or physician's judgment to protect the child from further serious physical injury, sexual abuse[,] or serious physical neglect--as indicated by the following examples:
* * * * * (3) The parents, guardians or other custodians, after being advised that the child's physical condition constitutes a medical emergency will make no immediate arrangements for medically adequate alternative treatment.
(c) A child may not be held in protective custody for more than 24 hours unless the appropriate [CPS] county agency is immediately notified that the child has been taken into protective custody and the [CPS] county agency obtains a court order permitting the child to be held in protective custody for a longer period of time.
§ 3490.16. Notifying the [CPS] county agency.
If a person takes a child suspected of being abused into protective custody, the person shall immediately notify the [CPS] county agency in the county where the child is being held that the child is in protective custody.
§ 3490.17. Notifying the child's parents, guardians or other custodians.
If a person takes a child into protective custody, the person shall [orally] verbally notify the child's parents, guardians or other custodians immediately and in writing within 24 hours, of the following:
(1) The child's whereabouts unless prohibited by a court order.
* * * * * (3) The telephone number of the local [CPS] county agency.
§ 3490.18. Filing of a written report by a required reporter.
Within 48 hours of reporting to ChildLine, a required reporter shall make a written report on forms provided by the Department to the [CPS] county agency in the county where the suspected abuse occurred. The written report shall include the following information, if available:
(1) The names and addresses of the child and the parents or other persons responsible for the care of the child.
* * * * * (3) The [child's] age and sex of the subjects of the report.
* * * * * (6) The name of the alleged [perpetrator] perpetrators of the suspected abuse and any evidence of prior abuse by those persons.
* * * * * § 3490.19. Reporting to the coroner.
A required reporter who suspects that a child died as a result of child abuse shall send a duplicate of the report sent to the [CPS] county agency to the coroner of the county in which the death occurred.
§ 3490.20. Other medical information.
A required reporter may photograph [areas of trauma visible on] a child who is the subject of a report and, if [medically] clinically indicated, ensure that a radiological examination and other medical tests of the child [is] are performed. A medical summary or report of photographs or X-rays taken shall be sent to the [CPS] county agency at the time the written report is sent, or as soon thereafter as possible. The [CPS] county agency shall be provided access to the actual photographs and X-rays and may obtain them or duplicates upon request.
§ 3490.21. Release of information on prior abuse reports.
(a) A physician or director of a hospital or other medical facility may request information from the [CPS] county agency on prior abuse involving [a] the child being examined or treated by the physician or director of the hospital or other medical facility.
(b) The [CPS] county agency shall provide the physician or director treating or examining the child with the requested information on prior abuse involving the child.
DEPARTMENTAL RESPONSIBILITIES § 3490.31. Receipt of reports.
The Department will establish a single Statewide toll-free telephone number (800) 932-0313--referred to as ChildLine--available at all times to receive reports of suspected child abuse. ChildLine shall only accept for investigation reports of suspected child abuse when the child is under 18 years of age at the time of the report.
§ 3490.32. ChildLine reporting to [CPS] the county agency.
(a) ChildLine shall immediately transmit reports of suspected child abuse [orally] verbally to the [CPS] county agency of the county where the suspected abuse occurred. If the child resides in a different county, ChildLine will notify that county also.
(b) If the child was allegedly abused in more than one county or on an ongoing basis, ChildLine will assign the report to the county where the most recent alleged abuse occurred.
(c) The county agency which receives the report initially is responsible to contact the other counties as set forth in subsections (a) and (b) in conducting the investigation. If it appears that a county other than the one to which the report was referred should conduct the investigation, the agencies shall decide between themselves which one is responsible for the report. The county which received the report initially shall notify ChildLine of any change so that ChildLine's records are accurate and up-to-date.
(d) If the counties are unable to agree about which one is responsible to conduct the investigation and make the status determination, the county to which the report was assigned shall contact its regional children and youth office. The region will resolve the difference.
(e) The report of the investigation shall be submitted to ChildLine within 30 calendar days of when the report was received at ChildLine.
(f) The ChildLine report to the [CPS] county agency shall contain [:
(1) The substance of the allegations of abuse.
(2) The number, status, nature and extent of reports of child abuse under investigation in the pending complaint file and Statewide Central Register concerning any subject of the current report.
(3) The county in which the prior alleged--or actual--abuse was investigated] all of the information on the current report of suspected abuse and all information on file at ChildLine on previous reports except for information obtained by the Department as a result of a request to expunge an indicated or founded report of child abuse or an indicated report of student abuse.
[(b)] (g) * * *
§ 3490.33. Files.
ChildLine will establish and maintain files [, under section 14 of the CPSL (11 P. S. § 2214)] the following files for reports of child abuse:
(1) A pending complaint file which contains reports of child abuse that are one of the following:
* * * * * (ii) Pending juvenile or criminal court action.
[(iii) Unfounded awaiting expunction.]
(2) A Statewide Central Register which contains [copies] the following:
(i) Copies of founded and indicated reports of child abuse.
(ii) A subfile of the names of perpetrators of indicated and founded reports of child abuse if the individual's Social Security number or date of birth is known to the Department. The subfile shall be retained indefinitely.
(3) A statistical file which contains copies of reports of suspected, indicated and founded reports of child abuse after information which could directly or indirectly identify a subject of a report has been expunged.
(4) A file of unfounded reports awaiting expunction.
§ 3490.34. Pending complaint file.
(a) Upon receipt of a report of suspected child abuse, ChildLine will enter the information specified in section [14(i)] 6336 of the CPSL [(11 P. S. § 2214(i))] (relating to information in Statewide Central Register) into the pending complaint file.
(b) Notwithstanding subsection (c), reports which are determined pending juvenile or criminal court action shall be maintained in the pending complaint file until the [CPS] county agency notifies ChildLine of the final status.
(c) If within 60 calendar days from the date of the initial report of suspected child abuse a status determination has not been received at ChildLine, the report shall be considered unfounded.
(d) Unfounded reports shall be expunged at ChildLine within [12 months] 120 calendar days after the date of the initial report to ChildLine.
(e) Reports which are unfounded awaiting expunction may not be released from the pending complaint file except to a subject of a report upon written request, employes of the Department under this subchapter and employes of the Office of Attorney General under section 6345 of the CPSL (relating to audits by Attorney General).
§ 3490.35. Statewide Central Register.
When a report of suspected child abuse is determined founded or indicated, ChildLine shall enter the report in the Statewide Central Register, if there is sufficient documentation to justify entry into the Statewide Central Register, and expunge the report from the pending complaint file.
§ 3490.36. Providing information to the [CPS] county agency.
(a) ChildLine shall release information to a [CPS orally] county agency verbally only when both of the following [exist] apply:
(1) The [CPS] county agency is making a report of suspected child abuse.
(2) ChildLine has identified that the person is a representative of the [CPS] county agency.
(b) When ChildLine receives [an oral] a verbal request from a [CPS] county agency, only the information specified in § 3490.32 [(a)(2)] (f) (relating to ChildLine reporting to [CPS] the county agency) may be released from the pending complaint file and Statewide Central Register.
(c) Upon receipt of a written request from the [CPS] county agency for information regarding a subject of a report, ChildLine will forward copies of all reports on file which are under investigation, founded or indicated involving that subject to the [CPS] county agency, except information obtained by the Department in response to a request to amend or expunge an indicated or founded report of child abuse.
§ 3490.37. Release of information: Statewide Central Register [and], pending complaint file and file of unfounded reports.
(a) A request for information from the Statewide Central Register [or], pending complaint file or file of unfounded reports by persons permitted access to this information, other than the [CPS] county agency, shall be in writing and signed by the person requesting the information.
* * * * * § 3490.38. Authorized studies of child abuse data.
The Department may conduct or authorize studies of the data contained in the pending complaint file, the Statewide Central Register, the statistical file[,] and [CPS] the county agency files and distribute the results of the studies if no study contains the name of a subject or other information by which a subject of a report can be directly or indirectly identified. Requests to conduct studies shall be made to the Deputy Secretary, Office of Children, Youth and Families of the Department. The researcher shall secure the concurrence of the appropriate county agency administrator to use the [CPS] county agency files.
§ 3490.39. Expunction from the Statewide Central Register.
(a) Except as provided in subsection (b), ChildLine shall expunge founded and indicated reports when a subject child reaches [age 18 under section 14(n) of the CPSL (11 P. S. § 2214(n))] 23 years of age.
(b) If [another abuse report involving the same child, his sibling or offspring or another child in the care of the person responsible for the child's welfare has been received, ChildLine shall expunge founded and indicated reports when each of the children involved reaches age 23] the Social Security number or date of birth of the perpetrator is known in founded or indicated reports of child abuse, the following information shall be maintained:
(1) The name, Social Security number, date of birth and sex of the perpetrator.
(2) The date of birth and sex of the child.
(3) The date and the nature and extent of the abuse.
(4) The county in which the abuse occurred.
(5) The relationship of the perpetrator to the child.
(6) Whether the report was a founded or indicated report.
(7) The results of any criminal prosecution.
(c) The information in subsection (b) shall remain in the subfile under § 3490.33(2)(relating to files).
§ 3490.40. Notifications regarding indicated reports.
(a) When [founded and] indicated reports of child abuse are entered into the Statewide Central Register, ChildLine will notify all subjects by first class mail, other than the [victim] subject child, of:
* * * * * (2) [Their] The perpetrator's right to request the Secretary to amend [, seal] or expunge the report.
* * * * * (4) [Their right to services] Services available from the county agency.
(5) The effect of the report upon future employment opportunities in a child care service [under section 23.1 of the CPSL (11 P. S. § 2223.1)].
(6) The fact that the name of the perpetrator and nature of the abuse will be kept on file indefinitely if the Social Security number or date of birth of the perpetrator is known.
(b) ChildLine will notify the [CPS] county agency and the perpetrator of any expunction of a report of child abuse, except when the expunction is the result of the Secretary's decision, in which case the [CPS] county agency and all subjects shall be notified.
(c) ChildLine will notify the [CPS] county agency and all subjects of the Secretary's decision to amend or seal a report of child abuse.
§ 3490.40a. Notifications regarding founded reports.
When founded reports of child abuse are entered into the Statewide Central Register, ChildLine will notify all subjects by first class mail, other than the subject child, of the:
(1) Status of the report.
(2) Effect of the report upon future employment opportunities in a child care service and a school.
(3) Fact that the name of the perpetrator or school employe and nature of the abuse will be kept on file indefinitely if the Social Security number or date of birth of the perpetrator or school employe is known.
§ 3490.41. Determination of time.
ChildLine will use the United States Postal Service postmark to determine when the Department is informed by the [CPS] county agency of the status determination of a report.
§ 3490.42. Performance audit and reviews.
(a) The Secretary may direct that a performance audit be conducted of any activity related to the implementation of the CPSL and this chapter.
(b) The Department will determine in its annual licensing and inspection process whether the county agency has sufficiently documented reasons why, if applicable, all child abuse investigations have not been completed within the 30-day period.
(c) The Department will provide the results of performance audits and reviews to the affected agencies consistent with the confidentiality provisions of this chapter. Information provided will include an assessment of compliance with the provisions of this chapter and recommendations relating to practice issues, if appropriate.
§ 3490.43. Issuance of bulletins.
The Department may periodically issue bulletins for the purpose of clarifying and interpreting this chapter and for the dissemination of practice standards as identified in performance audits and reviews or other activities of the Department in implementing this chapter.
COUNTY RESPONSIBILITIES § 3490.51. [Child protective services] (Reserved).
[Except as provided in section 16(a) and (e) of the CPSL (11 P. S. § 2216(a) and (e)), a county shall establish a CPS within the county agency. The CPS shall perform those functions specifically assigned to it by the CPSL and this chapter.]
§ 3490.52. Receipt of reports.
The county agency shall provide [24-hour] 24-hours-per-day/7-days-per-week telephone access for persons to report suspected child abuse.
§ 3490.53. Functions of the [CPS] county agency for child protective services.
(a) The [CPS] 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 [CPS] county agency shall investigate allegations of abuse of children residing in facilities operated directly by the Department.
(b) The [CPS] county agency shall protect the safety of the subject child and other children in the home or facility.
(c) The [CPS] county agency shall determine the status of reports of suspected child abuse.
(d) The county agency may not determine a child to be physically or mentally abused based on injuries that result solely from environmental factors that are beyond the control of the parent or person responsible for the child's welfare, such as inadequate housing, furnishings, income, clothing and medical care.
[(d)] (e) If the [CPS] county agency concludes that the child is in danger of further abuse, the [CPS] county agency shall do the following:
* * * * * [(e)] (f) The [CPS] county agency shall provide direct case management of services provided to abused children and their families until the [CPS] county agency is reasonably assured that the child is no longer in danger of abuse. The reasons for termination of [CPS] 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 [CPS] 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.
§ 3490.55. Investigation of reports of suspected child abuse.
(a) Except as provided in subsection (b), the [CPS] county agency shall begin its investigation within 24 hours of receiving a report of suspected child abuse. Upon beginning its investigation, the [CPS] county agency shall see the child [as soon as possible] within 24 hours of receipt of the report.
(b) The [CPS] 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 [or shall be] taken or is needed.
* * * * * (c) After ensuring the immediate safety of the child and other children in the home, the [CPS] county agency shall [orally] verbally notify ChildLine of the receipt of the report, if it was not received initially from ChildLine.
(d) When conducting its investigation, the [CPS] 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:
* * * * * (6) Neighbors and relatives who may have knowledge of the abuse.
(7) Day care providers or school personnel, or both, if appropriate.
(e) The [CPS] county agency shall record in writing the facts obtained as a result of the [interview] interviews conducted under subsection (d) and any other [interview] interviews it conducts.
(1) When conducting its investigation, the [CPS] 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 [or], 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 [CPS] 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 [CPS] county agency shall, whenever possible and appropriate, take, cause to be taken[,] or obtain a color photograph of the injury.
* * * * * (2) The [CPS] county agency shall maintain photographs it secures in the case record. Photographs shall be identified by [all of] the following:
* * * * * (g) When investigating a report of suspected [child abuse] serious mental injury, sexual abuse or sexual exploitation or serious physical neglect, the [CPS] county agency shall, whenever appropriate, obtain medical evidence or expert consultation, or both. The [CPS] county agency shall maintain a record of medical evidence or expert consultation, or both, obtained during its investigation including one of the following:
* * * * * (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.
§ 3490.56. [CPS] County agency investigation of suspected child abuse perpetrated by persons employed or supervised by child [caring agencies] 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 [agency] service, including a child day care center, a group or family day care home or a residential facility, the [CPS] county agency, shall, within 24 hours of receipt of the report, [orally] verbally notify the following of the content of the report:
(1) The person in charge of the facility or [agency] child care service where the alleged abuse occurred.
* * * * * (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 residential facility.
(b) The person in charge of the child care service or residential 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.
[(b)] (c) The [CPS] county agency shall inform the persons listed in subsection (a) in writing of the results of the investigation.
[(c)] (d) The [CPS] 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.
[(d)] (e) If the report is founded or indicated, the [CPS] county agency shall request a written statement from the person in charge of the [agency] 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 [agency] 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.
[(e)] (f) If the facility or [agency] child care service is operated, registered, licensed or approved by the Department, the [CPS] 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 [(d)] (e) to the regional [staff] director or the director's designee in the region where the founded or indicated abuse occurred.
§ 3490.57. Protective custody.
(a) The [CPS] county agency shall comply with [42 Pa.C.S. Chapter 63 (relating to] 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 [CPS] county agency shall request protective custody only if the [child is at risk of immediate abuse and the] immediate safety and well-being of the child requires removal from the setting in which the alleged abuse or neglect occurred.
(c) A [CPS] county agency worker may take a child into protective custody only under a specific court order naming the individual child. [CPS] The county agency staff may not be deputized or use blanket [or vacant] court orders to take children into protective custody.
(d) A child taken into protective custody may be placed only in the following locations:
* * * * * (2) A home of a relative of the child or [nonrelated family home] other individual who has a significant relationship with the child or the child's family. The home shall be approved by the [CPS] county agency for this purpose.
* * * * * (e) If the [CPS] 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).
(f) Within 48 hours of taking a child into protective custody, the [CPS] county agency shall do the following:
* * * * * (5) Meet with the parents to advise them of the decision to do one of the following:
* * * * * (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 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 [CPS shall notify all subjects of the report of the following within 72 hours of receipt of a report of suspected child abuse:
(1) The existence of the report.
(2) The right to do the following:
(i) Obtain a copy of the report.
(ii) Request that indicated and founded reports be amended, sealed or expunged.
(3) The fact that the report, if determined unfounded, will be expunged within 12 months.
(4) The purpose of the law, the implications of the status determination of the report and the services available through the CPS.
(5) The effect that a founded or indicated report of child abuse will have on a person seeking employment in a child care service under section 23.1 of the CPSL (11 P. S. § 2223.1).
(b) Except for the subject child, the CPS shall notify all subjects if it determines that the report is unfounded. The CPS shall provide this notification when it notifies ChildLine of the status of the report.
(c) The notifications required by subsections (a) and (b) shall be in writing and shall be made regardless of where the persons live] county agency shall notify the subject who is about to be interviewed of:
(1) The existence of the report including the nature and allegations of the 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 kind 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) That 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) That 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 [CPS] the county agency after determining the status of the report.
(a) If the report is determined founded [or], indicated or unfounded and the family has been accepted for service, the [CPS] 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 [if] not accepted for services but the family is in need of services, the [CPS] county agency shall advise the subjects of the social services available [from the county agency and in the community].
§ 3490.60. Services available through the [CPS] 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 [organized by former abusing parents] to encourage [self-reporting and] 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 [CPS] county agency in diagnosing child abuse.
* * * * * § 3490.61. Supervisory review and child contacts.
(a) [Within 10 calendar days of the receipt of the initial report, the CPS] The county agency supervisor shall review each report of suspected child abuse which is under investigation on a regular and ongoing basis 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.
(b) When a case has been accepted for service [, a CPS worker shall see the child as often as necessary but not less often than:
(1) Once a month for 6 months, if the child remains in or returns to the home in which the abuse occurred.
(2) Once a month until the next case review as required by Chapter 3130 (relating to administration of county children and youth social service programs) when the child is either:
(i) Placed out of the home or setting in which the abuse occurred.
(ii) Remains in the same foster family home or residential facility in which the abuse occurred.] 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 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.
(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 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 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.
§ 3490.62. Repeated child abuse.
(a) The [CPS] county agency worker shall inform the county agency administrator or the [CPS] county agency supervisor, as determined by the administrator, if a child is the victim of a second indicated or founded case of child abuse. The administrator or supervisor shall determine the appropriateness of the family service plan and the completeness of its implementation and whether additional or different services are required to protect the child from continued harm. The [CPS] county agency shall modify the family service plan, if necessary.
(b) If the child is a victim of three or more substantiated incidents of abuse, the county agency administrator or [CPS] supervisor shall arrange for a review by the multidisciplinary team as required by § 3490.60 (relating to services available through the [CPS] county agency). The [CPS] 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. [Waiver of CPS unit] (Reserved).
[(a) County executive officers may request the Department to waive the requirement to establish a separate CPS. The request for waiver shall be included in the CPS plan and demonstrate that the following apply:
(1) A separate CPS would not be conducive to the best interests of children within the county who need children and youth social services.
(2) A separate CPS would not be feasible or economical.
(3) The goals and objectives of the CPSL and this chapter will continue to be met if a waiver is granted.
(b) Counties granted waivers of a separate CPS are responsible for implementing other provisions of the CPSL and this chapter.]
§ 3490.64. [CPS plan] (Reserved).
[The county 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 provision of child protective services.]
§ 3490.65. Staffing and staff qualifications.
A [CPS] county agency shall have sufficient, qualified staff and be organized to perform the functions required by the CPSL and this chapter. [The CPS shall comply with staffing ratios under Chapter 3130 (relating to administration of county children and youth social service programs).]
§ 3490.66. [Staff orientation and training] (Reserved).
[(a) A staff person performing the functions required by the CPSL and this chapter shall be oriented and trained under Chapter 3130 (relating to administration of county children and youth social service programs). The orientation of new and reassigned staff shall include a review of the following:
(1) The authority and policies of the county agency regarding child protective services.
(2) The provisions of State statutes and regulations governing the county agency and child protective services.
(b) The county agency shall provide or arrange at least 20 hours of training annually for an employe performing the functions required by the CPSL and this chapter. The training shall relate to the employe's needs and functions under the CPSL and this chapter.
(c) The county agency shall maintain a record in an employe's personnel file of the orientation and training provided under subsections (a) and (b).]
§ 3490.67. Written reports to ChildLine.
(a) [The CPS investigation report shall be sent to ChildLine within 30 days of receipt of the report of suspected child abuse.
(b) If the investigation cannot be completed within 30 days and the CPS has petitioned the court, the CPS shall send a copy of the CPS investigation report form to ChildLine with a status determination of pending juvenile court action. The CPS shall submit a new CPS investigation report form to ChildLine as required in subsection (a) when a final status determination is made.
(c) A supplemental child abuse report form shall be submitted to ChildLine on founded and indicated reports when there is a change in the status determination of the report.]
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) If the investigation cannot be completed within 30 calendar days and the county agency has petitioned the Juvenile Court, 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) Indicated, when there is substantial evidence that the child was abused.
(c) If the investigation cannot be completed within 30 calendar days because an arrest has been made or there is criminal court action pending, the county agency shall send the CY-48 to ChildLine with one of the following status determinations:
(1) Pending criminal court action.
(2) Indicated, when there is substantial evidence that the child was abused.
(d) The county agency shall submit a new CY-48 to ChildLine as required in subsection (a) when a final status determination is made under subsections (b) and (c).
(e) 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) [If a subject of an unfounded report needs and voluntarily accepts services, the county agency may retain those portions of its records which do not indicate that services are needed as a result of a report of alleged child abuse or identify the person who made the report or a person who cooperated in the investigation.] When the county agency accepts an unfounded report of suspected child abuse 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 [CPS] 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 [CPS] county agency shall file a new report with ChildLine.
§ 3490.69. Reports not received within 60 calendar days.
When the [CPS investigation report] Child Protection Services Investigative Report 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, sealing and amendment of report by the [CPS] county agency.
The [CPS] county agency shall amend, seal 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 [CPS] county agency shall notify those to whom they gave information to take similar action.
§ 3490.71. Guardian ad litem or court designated advocate.
The [CPS] county agency shall cooperate with and provide information to a guardian ad litem appointed under [23 Pa.C.S. § ] section 6382 of the CPSL (relating to guardian ad litem for child in court proceedings) or 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. [Availability of an attorney for the CPS] (Reserved).
[The county agency shall retain or ensure the availability of an attorney for consultation with and representation of the CPS.]
§ 3490.73. Petitioning the court.
The [CPS] county agency shall petition the court if one of the following applies:
* * * * * (2) A subject of the report of suspected child abuse refuses to cooperate with the [CPS] county agency in an investigation, and the [CPS] county agency is unable to determine whether the child is at risk.
(3) The parents refuse services, and [CPS] the county agency determines that services are in the best interests of the child.
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