[29 Pa.B. 3513]
[Continued from previous Web Page]
Annex A
TITLE 55. PUBLIC WELFARE
PART V. CHILDREN, YOUTH AND FAMILIES MANUAL
Subpart D. NONRESIDENTIAL AGENCIES, FACILITIES AND SERVICES
ARTICLE III. COUNTY-ADMINISTERED SERVICES
CHAPTER 3480. (Reserved) §§ 3480.1--3480.4. (Reserved).
§§ 3480.11--3480.17. (Reserved).
CHAPTER 3490. PROTECTIVE SERVICES Subch.
A. CHILD PROTECTIVE SERVICES B. ABUSE OF STUDENTS IN SCHOOL C. GENERAL PROTECTIVE SERVICES D. GENERAL REQUIREMENTS FOR CHILD PROTECTIVE SERVICES AND GENERAL PROTECTIVE SERVICES
Subchapter A. CHILD PROTECTIVE SERVICES INTRODUCTION
Sec.
3490.1. Applicability. 3490.2. Purposes. 3490.3. Legal base. 3490.4. Definitions. 3490.5. Waivers. REPORTERS
3490.11. Reporting suspected child abuse. 3490.12. Required reporters. 3490.13. Reports by employes who are required reporters. 3490.14. Privileged communication. 3490.15. Taking a child into protective custody. 3490.16. Notifying the county agency. 3490.17. Notifying the child's parents, guardians or other custodians. 3490.18. Filing of a written report by a required reporter. 3490.19. Reporting to the coroner. 3490.20. Other medical information. 3490.21. Release of information on prior child abuse reports. DEPARTMENTAL RESPONSIBILITIES
3490.31. Receipt of reports. 3490.32. ChildLine reporting to the county agency. 3490.33. Files. 3490.34. Pending complaint file. 3490.35. Statewide Central Register. 3490.36. Providing information to the county agency. 3490.37. Release of information: Statewide Central Register, pending complaint file and file of unfounded reports. 3490.38. Authorized studies of child abuse data. 3490.39. Expunction from the Statewide Central Register. 3490.40. Notifications regarding indicated reports. 3490.40a Notifications regarding founded reports. 3490.41. Determination of time. 3490.42. Performance audit and reviews. 3490.43. (Reserved). COUNTY RESPONSIBILITIES
3490.51. (Reserved). 3490.52. Receipt of reports. 3490.53. Functions of the county agency for child protective services. 3490.54. Independent investigation of reports. 3490.55. Investigation of reports of suspected child abuse. 3490.56. County agency investigation of suspected child abuse perpetrated by persons employed or supervised by child caring agencies and residential facilities. 3490.57. Protective custody. 3490.58. Notifications. 3490.59. Action by the county agency after determining the status of the report. 3490.60. Services available through the county agency. 3490.61. Supervisory review and child contacts. 3490.62. Repeated child abuse. 3490.63. (Reserved). 3490.64. (Reserved). 3490.65. (Reserved). 3490.66. (Reserved). 3490.67. Written reports to ChildLine. 3490.68. Retention of information on unfounded reports. 3490.69. Reports not received within 60 calendar days. 3490.70. Expunction and amendment of report by the county agency. 3490.71. Guardian ad litem and court designated advocate. 3490.72. (Reserved). 3490.73. Petitioning the court. CHILD ABUSE BY AGENTS OF THE COUNTY AGENCY
3490.81. Responsibilities of the Department and the county agency. CONFIDENTIALITY
3490.91. Persons to whom child abuse information shall be made available. 3490.92. Requests by and referrals to law enforcement officials. 3490.93. Requests by designated county officials. 3490.94. Release of the identity of a person who made a report of child abuse or cooperated in a subsequent investigation. 3490.95. Release of information to required reporters. GENERAL REQUIREMENTS FOR CHILD PROTECTIVE SERVICES
3490.101. Sanctions. 3490.102. Criminal liability for breach of confidentiality. 3490.103. Nonabuse reports received by the county agency or other public agency from ChildLine. 3490.104. Release of information to a subject of a report. 3490.105. Request by the subject of a founded or indicated report for expunction or amendment of an abuse report when the report was received by ChildLine prior to July 1, 1995. 3490.105a. Request by a perpetrator to amend or expunge an indicated report of child abuse received by ChildLine after June 30, 1995. 3490.106. Hearings and appeals proceedings for reports received by ChildLine prior to July 1, 1995. 3490.106a. Hearings and appeals proceedings for indicated reports received by ChildLine after June 30, 1995. 3490.107. Notification of Secretary's decision to amend or expunge a report of child abuse. 3490.108. Cooperation of county agencies and law enforcement agencies. 3490.109. Report from law enforcement agencies. VERIFICATION OF THE EXISTENCE OF CHILD ABUSE AND STUDENT ABUSE RECORDS FOR CHILD CARE SERVICES
3490.121. Definitions. 3490.122. Responsibilities of an applicant, prospective operator or legal entity of a child care service. 3490.123. Responsibilities of prospective adoptive parents, prospective foster parents, foster family care agencies and adoption investigators. 3490.124. Departmental procedures for replying to a request for verification. 3490.125. Voluntary certification of child caretakers. 3490.126. Sanctions. 3490.127. Information relating to prospective child care personnel. VERIFICATION OF THE EXISTENCE OF CHILD ABUSE AND STUDENT ABUSE RECORDS FOR SCHOOL EMPLOYES
3490.131. Definitions. 3490.132. Responsibilities of an administrator. 3490.133. Responsibilities of an applicant. 3490.134. Information relating to prospective school employes. 3490.135. Responsibilities of the Department. 3490.136. Sanctions.
INTRODUCTION § 3490.1. Applicability.
This chapter applies to the Department; other departments, boards, bureaus and agencies of the Commonwealth or any of its political subdivisions; county children and youth social service agencies and other agencies providing services to children and youth; law enforcement officials; county executive officers; auditors of the Federal government; public and nonpublic schools; intermediate units; area vocational-technical schools; independent school contractors; and persons who, in the course of their employment or occupation or in the practice of their profession, come into contact with children.
§ 3490.2. Purposes.
The purposes of this subchapter are to:
(1) Protect abused children from further abuse.
(2) Preserve and stabilize families.
(3) Implement the CPSL.
(4) Involve law enforcement agencies in responding to child abuse.
(5) Prioritize the response and services to children most at risk.
(6) Encourage more complete reporting of suspected child abuse.
§ 3490.3. Legal base.
The legal base of this chapter is the following statutory provisions:
(1) Articles VII and IX of the Public Welfare Code (62 P. S. §§ 701--774 and 901--922).
(2) Chapter 63 of 42 Pa.C.S. (relating to the Juvenile Act).
(3) Section 2168 of the County Code (16 P. S. § 2168).
(4) Section 405 of the County Institution District Law (62 P. S. § 2305).
(5) The CPSL, 23 Pa.C.S. §§ 6301--6385 (relating to the Child Protective Services Law).
§ 3490.4. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Accept for service--The county agency decides on the basis of the needs and problems of an individual to admit or receive the individual as a client of the agency or as required by a court order entered under the Juvenile Act.
Agent of the county agency--A person who provides a children and youth social service either directly or under contract or through agreement with a county agency.
(i) An agent of the county agency includes:
(A) Preadoptive parents.
(B) Foster parents.
(C) Staff and volunteers of public and private residential child care facilities.
(D) Staff and volunteers of public and private day care centers, group day care homes and family day care homes.
(E) Staff and volunteers of public and private social service agencies.
(F) Staff and volunteers of county detention centers.
(G) Persons residing in the home of foster or preadoptive parents.
(H) A school employe of a facility or agency that is an agent of a county agency.
(ii) The term does not include staff of Commonwealth-operated youth development centers and youth forestry camps.
Arrange--Make a service available to a client accepted for service through another agency or service provider which is not paid for by the county agency.
Certified medical practitioner--A licensed physician, a licensed physician's assistant or a certified registered nurse practitioner.
CPSL--The Child Protective Services Law, 23 Pa.C.S. §§ 6301--6385.
Child--A person under 18 years of age.
Child abuse--
(i) The term child abuse means any of the following:
(A) Any recent act or failure to act by a perpetrator which causes nonaccidental serious physical injury to a child.
(B) An act or failure to act by a perpetrator which causes nonaccidental serious mental injury to or sexual abuse or exploitation of a child.
(C) A recent act, failure to act or series of the acts or failures to act by a perpetrator which creates an imminent risk of serious physical injury to or sexual abuse or exploitation of a child.
(D) Serious physical neglect by a perpetrator constituting prolonged or repeated lack of supervision or the failure to provide the essentials of life, including adequate medical care, which endangers a child's life or development or impairs the child's functioning.
(ii) A child will not be deemed 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.
(iii) If, upon investigation, the county agency determines that a child has not been provided needed medical or surgical care because of seriously held religious beliefs of the child's parents, guardian or person responsible for the child's welfare, which beliefs are consistent with those of a bona fide religion, the child will not be deemed to be physically or mentally abused. The county agency shall closely monitor the child and shall seek court-ordered medical intervention when the lack of medical or surgical care threatens the child's life or long-term health. In cases involving religious circumstances, all correspondence with a subject of the report and the records of the Department and the county agency may not reference ''child abuse'' and shall acknowledge the religious basis for the child's condition, and the family shall be referred for general protective services, under Subchapter C of the CPSL (relating to general protective services), if appropriate.
ChildLine--An organizational unit of the Department which operates a Statewide toll-free system for receiving reports of suspected child abuse established under section 6332 of the CPSL (relating to establishment of Statewide toll-free telephone number), refers the reports for investigation and maintains the reports in the appropriate file. In addition, it also receives reports of student abuse under Subchapter C.1 of the CPSL (relating to students in public and private schools).
Child protective services--Those services and activities provided by the Department and each county agency for child abuse cases.
County agency--
(i) The county children and youth social service agency established under section 405 of the County Institution District Law (62 P. S. § 2205), or its successor, and supervised by the Department under Article VII of the Public Welfare Code (62 P. S. §§ 701--774).
(ii) The term also includes the Department's Office of Children, Youth and Families' regional offices when the report of suspected child abuse or student abuse involves an agent of the county agency.
County plan--A needs-based plan and budget estimate which serves as the basis for administration of the county children and youth social services program required by Chapter 3140 (relating to planning and financial reimbursement requirements for county children and youth social service programs).
Court designated advocate--A trained citizen volunteer appointed by the court to advocate on behalf of dependent children and alleged dependent children involved in juvenile court proceedings.
Crimes Code--Title 18 of the Pennsylvania Consolidated Statutes.
Department--The Department of Public Welfare of the Commonwealth.
Director of a hospital or other medical facility--The director or a person specifically designated in writing by the director to perform the functions under section 6315 of the CPSL (relating to taking child into protective custody) and this chapter.
Expunge--To strike out or obliterate entirely so that the stricken information may not be stored, identified or later recovered by any means--mechanical, electronic or otherwise.
Family members--Spouses, parents and children or other persons related by consanguinity or affinity. The term does not include foster parents, foster children and paramours.
Founded report--A child abuse report made under the CPSL and this chapter if there has been any judicial adjudication based on a finding that a child who is a subject of the report has been abused, including the entry of a plea of guilty or nolo contenderee or a finding of guilt to a criminal charge involving the same factual circumstances involved in the allegation of child abuse.
Indicated report--A child abuse report made under the CPSL and this chapter if an investigation by the county agency or the Department determines that substantial evidence of the alleged abuse exists based on any of the following:
(i) Available medical evidence.
(ii) The child protective service investigation.
(iii) An admission of the acts of abuse by the perpetrator.
Individual residing in the same home as the child--An individual who is 14 years of age or older and who resides in the same home as the child.
Juvenile Act--42 Pa.C.S. Chapter 63.
Law enforcement official--The term includes the following:
(i) The Attorney General.
(ii) A county district attorney.
(iii) A State Police officer.
(iv) A county sheriff.
(v) A county police officer.
(vi) A county detective.
(vii) A local or municipal police officer.
Medical evidence--Evidence provided by a licensed health care professional, including a physician, nurse practitioner, registered nurse, psychiatrist or licensed psychologist.
Paramour--A person who is engaged in an ongoing intimate relationship with a parent of the child but is not married to and does not necessarily reside with the child's parent.
Parent--A biological parent, adoptive parent or legal guardian.
Pending criminal court action--The status assigned to a report when the county agency cannot complete the investigation within 30-calendar days because criminal court action has been initiated.
Pending juvenile court action--The status assigned to a report when the county agency cannot complete the investigation within 30-calendar days because juvenile court action has been initiated.
Performance audit--A review of a county agency's practices and implementation of the CPSL and this chapter by persons designated by the Secretary.
Perpetrator--A person who has committed child abuse and is a parent of a child, a person responsible for the welfare of a child, an individual residing in the same home as the child or a paramour of the child's parent.
Person responsible for the child's welfare--
(i) A person who provides permanent or temporary care, supervision, mental health diagnosis or treatment, training or control of a child in lieu of parental care, supervision and control.
(ii) The term does not include a person who is employed by or provides services or programs in a public or private school, intermediate unit or area vocational-technical school.
Physician--A person licensed under the statutes and regulations of the Commonwealth to practice medicine.
Protective services--Services and activities provided by the Department and each county agency for children who are abused or in need of general protective services under this chapter.
Provide--To perform an activity directly through county agency staff or ensure the performance of an activity through a purchase of service agreement with another agency or individual.
Recent act or failure to act--An act or failure to act committed within 2 years of the date of the report of suspected child abuse to the Department or county agency.
Regional staff--Department employes who license and monitor public and private children and youth social service agencies and facilities within a specific geographical area of this Commonwealth.
Required reporters--
(i) Persons who, in the course of their employment, occupation or practice of their profession come into contact with children and have reasonable cause to suspect, on the basis of their medical, professional or other training and experience, that a child coming before them in their professional or official capacity is a victim of child abuse.
(ii) Except with respect to confidential communications made to an ordained member of the clergy which are protected under 42 Pa.C.S. § 5943 (relating to confidential communications to clergymen), the privileged communication between any professional person required to report and the patient or client of that person does not apply to situations involving child abuse and does not constitute grounds for failure to report as required by this subchapter.
(iii) Persons required to report include:
(A) A licensed physician, medical examiner, coroner, funeral director, dentist, optometrist, osteopath, chiropractor, psychologist, podiatrist, intern, registered nurse or licensed practical nurse.
(B) Hospital personnel engaged in the admission, examination, care or treatment of persons.
(C) A Christian Science practitioner, member of the clergy, school administrator, school teacher, school nurse, social services worker, day care center worker or another child care or foster care worker, mental health professional, peace officer or law enforcement official.
Secretary--The Secretary of the Department or a person specifically designated in writing by the Secretary to perform the Secretary's functions under the CPSL and this chapter.
Serious bodily injury--Injury which creates a substantial risk of death or which causes serious permanent disfigurement or protracted loss or impairment of the function of a body member or organ.
Serious mental injury--A psychological condition as diagnosed by a physician or licensed psychologist, including the refusal of appropriate treatment, that does either of the following:
(i) Renders the child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic or in reasonable fear that the child's life or safety is threatened.
(ii) Seriously interferes with the child's ability to accomplish age-appropriate developmental and social tasks.
Serious physical injury--An injury that does either of the following:
(i) Causes the child severe pain.
(ii) Significantly impairs the child's physical functioning, either temporarily or permanently.
Serious physical neglect--A physical condition caused by the act or failure to act of a perpetrator which endangers the child's life or development or impairs the child's functioning and is the result of one of the following:
(i) Prolonged or repeated lack of supervision.
(ii) Failure to provide essentials of life, including adequate medical and dental care.
Sexual abuse or exploitation--
(i) Any of the following if committed on a child by a perpetrator:
(A) The employment, use, persuasion, inducement, enticement or coercion of a child to engage in or assist another person to engage in sexually explicit conduct.
(B) A simulation of sexually explicit conduct for the purpose of producing a visual depiction, including photographing, videotaping, computer depicting or filming, of sexually explicit conduct.
(C) Any of the following offenses as defined by the crimes code:
(1) Rape as defined by section 3121 (relating to rape).
(2) Statutory sexual assualt as defined by section 3122.1 (relating to statutory sexual assault).
(3) Involuntary deviate sexual intercourse as defined by section 3123 (relating to involuntary deviate sexual intercourse).
(4) Sexual assault as defined by section 3124.1 (relating to sexual assault).
(5) Aggravated indecent assault as defined by section 3125 (relating to aggravated indecent assault).
(6) Indecent assault as defined by section 3126 (relating to indecent assault).
(7) Indecent exposure as defined by section 3127 (relating to indecent exposure).
(8) Incest as defined by section 4302 (relating to incest).
(9) Prostitution as defined by section 5902 (relating to prostitution and related offenses).
(D) Exploitation which includes any of the following:
(1) Looking at the sexual or other intimate parts of a child for the purpose of arousing or gratifying sexual dsire in either person.
(2) Engaging or encouraging a child to look at the sexual or other intimate parts of another person for the purpose of arousing or gratifying sexual desire in any person involved.
(3) Engaging or encouraging a child to participate in sexually explicit conversation either in person, by telephone, by computer or by a computer aided device.
Statewide Central Register--A register of child abuse and student abuse, established in the Department, which consists of founded and indicated reports of child abuse and student abuse.
Status determination--The decision made by the county agency that a child abuse or student abuse report is founded, indicated, unfounded, pending juvenile court action or pending criminal court action.
Subjects of the report--A child, parent, guardian or other person responsible for the welfare of a child or any alleged or actual perpetrator or school employe named in a report made to the Department or county agency under this subchapter.
Substantial evidence--Evidence which outweighs inconsistent evidence and which a reasonable person would accept as adequate to support a conclusion.
Unfounded report--A report made under the CPSL and this chapter unless the report is a founded report or an indicated report.
§ 3490.5. Waivers.
(a) A waiver of a requirement of this chapter may be requested as specified in procedures published by the Department.
(b) A waiver may be granted by the Department if the waiver:
(1) Does not alter the applicability, scope or purpose of this chapter.
(2) Is based on evidence, supplied by the requesting county agency, that the objective of the requirement will be achieved in another way.
(3) Is based on evidence, supplied by the requesting county agency, that a waiver will have no adverse effect on the health, safety and rights of children.
(4) Does not violate or condone noncompliance with Federal statutes or regulation or State statutes.
(5) Does not jeopardize receipt of Federal moneys.
(c) Except as provided in section 6361 of the CPSL (relating to organization for child protective services), the Department may not waive the requirement that the county agency is the sole civil agency responsible to receive and investigate reports of suspected child abuse and receive and assess reports of suspected neglect.
(d) A county agency requesting a waiver shall continue to comply with the requirements of this chapter until a waiver is granted.
REPORTERS § 3490.11. Reporting suspected child abuse.
(a) A person may make a report of suspected child abuse to ChildLine or a county agency if the person has reasonable cause to suspect that a child has been abused. Reports shall be accepted by ChildLine or the county agency regardless of whether the person identifies himself.
(b) A person other than a school employe having reasonable cause to suspect that a school employe has committed student abuse may report the suspected abuse to the school administrator as required by §§ 3490.151(c) and 3490.152(a) and (c) (relating to required reporting; and responsibilities of administrators and school employes).
§ 3490.12. Required reporters.
In addition to other reports they make, required reporters shall report suspected child abuse to ChildLine.
§ 3490.13. Reports by employes who are required reporters.
(a) Required reporters who work in an institution, school, facility or agency shall immediately notify the person in charge of the institution, school, facility or agency or the person in charge's designee of suspected abuse. The person in charge, or the designee, shall be responsible and have the obligation to make a report of the suspected child abuse to ChildLine immediately. Nothing in this chapter requires more than one report from any institution, school, facility or agency.
(b) The person in charge or the designee may not make an independent determination of whether to report. The person in charge or the designee shall notify the employe when the report was made to ChildLine.
(c) Notwithstanding subsection (a), nothing in this chapter prohibits an employe who is a required reporter from making a report directly to ChildLine.
§ 3490.14. Privileged communication.
Except with respect to confidential communications made to an ordained member of the clergy which are protected under 42 Pa.C.S. § 5943 (relating to confidential communications to clergymen), privileged communication between a required reporter and the person's patient or client does not apply to situations involving child abuse and may not constitute grounds for failure to report as required by this chapter.
§ 3490.15. Taking a child into protective custody.
(a) The following persons may take a child into protective custody:
(1) Persons authorized to do so under section 6324 of the Juvenile Act (relating to taking into custody).
(2) The director or a person specifically designated in writing by the director of a hospital or other medical facility or a physician examining or treating a child under section 6315 of the CPSL (relating to taking child into protective custody) and subsection (b).
(b) The director or a person specifically designated in writing by the director or physician may take a child into protective custody if it is immediately necessary to protect the child from further serious physical injury, sexual abuse, or serious physical neglect--as indicated by the following examples:
(1) Medical indications of repeated abuse, the existence of previous indicated or founded reports of child abuse, the seriousness of the child's condition, evidence of recent acts of abuse as opposed to old injuries, or statements of the child, or statements or actions by the parents indicating they are likely to be abusive toward the child.
(2) There is medical evidence that the child is a victim of alleged child abuse and that the child's physical condition constitutes a medical emergency which requires immediate hospitalization to prevent death or serious physical impairment.
(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 county agency is immediately notified that the child has been taken into protective custody and the 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 county agency.
If a person takes a child suspected of being abused into protective custody, the person shall immediately notify the 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 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.
(2) The reason for taking the child into protective custody.
(3) The telephone number of the local 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 county agency in the county where the suspected child 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.
(2) The county in which the suspected abuse occurred.
(3) The age and sex of the subjects of the report.
(4) The nature and extent of the suspected child abuse, including evidence of prior abuse to the child or a sibling.
(5) The reasons for suspecting child abuse.
(6) The name of the alleged perpetrators of the suspected abuse and evidence of prior abuse by those persons.
(7) The relationship of the alleged perpetrator to the child.
(8) The family household composition.
(9) The source of the report.
(10) The person making the report and where the person can be reached.
(11) A statement of the child's parents regarding the suspected abuse and a statement or admission of abuse by the alleged perpetrator.
(12) The actions taken by the reporting source, including:
(i) The taking of photographs and X-rays.
(ii) The taking of protective custody.
(iii) Notification to the coroner.
(iv) The hospitalization of the child.
§ 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 county agency to the coroner of the county in which the death occurred.
§ 3490.20. Other medical information.
A required reporter may photograph a child who is the subject of a report and, if clinically indicated, ensure that a radiological examination and other medical tests of the child are performed. A medical summary or report of photographs or X-rays taken shall be sent to the county agency at the time the written report is sent, or as soon thereafter as possible. The 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 or a person specifically designated in writing by the director of a hospital or other medical facility may request information from the county agency on prior abuse involving the child being examined or treated by the physician or director or a person specifically designated in writing by the director of the hospital or other medical facility.
(b) The county agency shall provide the physician or director or the designee of the director treating or examining the child with the requested information on prior child abuse involving the child.
DEPARTMENTAL RESPONSIBILITIES § 3490.31. Receipt of reports.
The Department established 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.
§ 3490.32. ChildLine reporting to the county agency.
(a) ChildLine shall immediately transmit reports of suspected child abuse verbally to the 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 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 should 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 ChildLine and Childline will assign the investigation to a county agency to make a status determination.
(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 county agency shall contain the information on the current report of suspected abuse and the information on file at ChildLine on previous reports except for information obtained by the Department as a result of a request to expunge an indicated or founded report of child abuse or an indicated report of student abuse.
(g) If the complaint received does not suggest suspected child abuse but does suggest a need for social services or other services or investigation, ChildLine shall transmit the information to the appropriate county agency or other public agency.
§ 3490.33. Files.
ChildLine will establish and maintain 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:
(i) Under investigation.
(ii) Pending juvenile or criminal court action.
(2) A Statewide Central Register which contains 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 6336 of the CPSL (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 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. Prior to expunging the report, ChildLine shall verify with the county agency that the report was not completed within 60-calendar days.
(d) Unfounded reports shall be expunged at ChildLine within 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 and expunge the report from the pending complaint file. If there is incomplete information in the report, ChildLine will contact the county agency and request additional clarifying information so that the information in the Statewide Central Register is complete.
§ 3490.36. Providing information to the county agency.
(a) ChildLine shall release information to a county agency verbally only when both of the following exist:
(1) The county agency is making a report of suspected child abuse.
(2) ChildLine has identified that the person is a representative of the county agency.
(b) When ChildLine receives a verbal request from a county agency, only the information specified in § 3490.32(f) (relating to ChildLine reporting to the county agency) may be released from the pending complaint file and Statewide Central Register.
(c) Upon receipt of a written request from the 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 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, pending complaint file and file of unfounded reports.
(a) A request for information from the Statewide Central Register, pending complaint file or file of unfounded reports by persons permitted access to this information, other than the county agency, shall be in writing and signed by the person requesting the information.
(b) The name of the person who made the report or who cooperated in the investigation may be released only by the Secretary.
§ 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 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 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 is 23 years of age or older.
(b) If the Social Security Number or date of birth of the perpetrator is known in founded or indicated reports of child abuse, the following information shall be maintained:
(1) The name, Social Security Number, date of birth and sex of the perpetrator.
(2) The date of birth and sex of the child.
(3) The dates and the nature and extent of the child abuse.
(4) The county in which the child 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 referred to in subsection (b) shall remain in the subfile under § 3490.33 (relating to files).
§ 3490.40. Notifications regarding indicated reports.
(a) When indicated 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:
(1) The status of the report.
(2) The perpetrator's right to request the Secretary to amend or expunge the report.
(3) The circumstances under which the report will be expunged.
(4) Their right to services from the county agency.
(5) The effect of the report upon future employment opportunities in a child care service.
(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 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 county agency and all subjects shall be notified.
(c) ChildLine will notify the county agency and all subjects of the Secretary's decision to amend 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:
(1) The status of the report.
(2) The effect of the report upon future employment opportunities in a child care service and a school.
(3) The 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 or the date received by the Department when transmitted electronically to determine when the Department is informed by the 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-calendar 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 shall include an assessment of compliance with the provisions of this chapter and recommendations relating to practice issues, if appropriate.
§ 3490.43. (Reserved).
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