NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[29 Pa.B. 2734]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, May 6, 1999, and took the following actions:

Regulations Approved:

   Department of Public Welfare #14-441: Protective Services (amends 55 Pa. Code Chapter 3490).

   Department of Public Welfare #14-442: Child Residential and Day Treatment Facilities (adds 55 Pa. Code Chapter 3800).

Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III

Public Meeting held
May 6, 1999

Department of Public Welfare--Child Residential and Day Treatment Facilities; Regulation No. 14-442

Order

   On February 4, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Public Welfare. This rulemaking adds 55 Pa. Code Chapter 3800. The authority for this regulation is found in Articles IX and X of the Public Welfare Code (62 P. S. §§ 901--922 and 1001--1080). The proposed regulation was published in the February 14, 1998 Pennsylvania Bulletin with a 30-day public comment period which was subsequently extended for an additional 30 days. The final-form regulation was submitted to the Commission on April 8, 1999, but tolled on April 21, 1999. A revised final-form regulation was also submitted on April 21, 1999.

   Chapter 3800 consolidates the licensing, health and safety requirements for child residential and day treatment facilities currently found in Chapters 3680, 3710, 3760, 3810, 5310 and 6400. The regulation is intended to eliminate or reduce duplication and inconsistency among regulations that address children who are exposed to similar health and safety risks.

   We have reviewed this regulation and find it to be in the public interest. The final-form will protect the health, safety and welfare of children receiving services from residential and day treatment facilities.

Therefore, It Is Ordered That:

   1.  Regulation No. 14-442 from the Department of Public Welfare, as submitted to the Commission on April 21, 1999, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III

Public Meeting held
May 6, 1999

Department of Public Welfare--Protective Services; Regulation no. 14-441

Order

   On February 10, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Public Welfare (DPW). This rulemaking amends 55 Pa. Code Chapter 3490. The authority for this regulation is 23 Pa.C.S. §§ 6301 to 6385. The proposed regulation was published in the February 21, 1998 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 18, 1999, but withdrawn prior to Commission action. A revised final-form regulation was resubmitted to the Commission on April 14, 1999.

   DPW is making major revisions to 55 Pa. Code Chapter 3490 (Protective Services). In 1994, the General Assembly enacted Act 151 which addressed reporting of suspected child abuse. Changes to the statute which are incorporated in this rulemaking include additional requirements for mandated reporters, abuse of students in school, general protective services, reports to Childline and responsibilities of the County Agency.

   We have reviewed this regulation and find it to be in the public interest. Implementation of Act 151 of 1994 through this regulation will further assure the safety of children. In addition to the comprehensive reporting requirements and investigation of suspected abuse of students, the regulation provides for training and certification of county children and youth agency staff who provide protective services to children.

Therefore, It Is Ordered That:

   1.  Regulation No. 14-441 from the Department of Public Welfare, as submitted to the Commission on April 14, 1999, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 99-835. Filed for public inspection May 21, 1999, 9:00 a.m.]

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