[29 Pa.B. 3513]
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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. The oral report shall include the following information:
(1) The name and address of the student and the student's parent or guardian.
(2) Where the suspected abuse or injury occurred.
(3) The age and sex of the student.
(4) The nature and extent of the suspected abuse or injury.
(5) The name and home address of the school employe alleged to have committed the abuse or injury.
(6) The relationship of the student to the school employe alleged to have committed the abuse or injury.
(7) The source of the report to the county agency.
(8) 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.
(c) At a minimum, the county agency shall have a face-to-face interview with the child, any 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. Prior to expunging the report, ChildLine shall verify with the county agency that the report was not completed within 60-calendar days.
(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 Child Protective Services Investigation Report with a status determination of one of the following:
(1) Pending criminal court action.
(2) Indicated, when there 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 (e) 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. However, law enforcement officials may interview the school employe prior to the county agency contacting the employe.
(b) The joint interview with the student 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 student.
(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 student 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 student 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 required by subsection (b) may be reasonably delayed if notification is likely to:
(1) Threaten the safety of the victim, the safety of another subject or the safety of an investigating county agency worker.
(2) Cause the school employe to abscond or to significantly interfere with the conduct of a criminal investigation.
(d) The written notice shall be given to all subjects before the status determination is submitted to ChildLine.
(e) 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 shall 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 student 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 student 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 the name of the 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 shall 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 on the appropriate county agency.
(h) Parties to a hearing held under this section have 15-calendar 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-calendar days to appeal the final order to the Commonwealth Court.
(i) Any administrative appeal proceeding will be automatically stayed upon notice to the Department by any 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 3490.91 (relating to persons to whom child abuse information shall be made available).
(12) Section 3490.93 (relating to requests by designated county officials).
(13) 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).
(14) Section 3490.104 (relating to release of information to a subject of a report).
Subchapter C. GENERAL PROTECTIVE SERVICES INTRODUCTION
Sec.
3490.201--3490.210. (Reserved).
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 children in need of general protective services. 3490.236. General protective services records. GENERAL REQUIREMENTS FOR GENERAL PROTECTIVE SERVICES
3490.241. Appeals with respect to general protective services. 3490.242. Confidentiality. §§ 3490.201--3490.210. (Reserved).
INTRODUCTION § 3490.221. Applicability.
This subchapter applies to the Department and county children and youth social service agencies.
§ 3490.222. Purposes.
The purpose of this subchapter are to:
(1) Protect the safety, 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 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--Services to prevent the potential for harm to a child who meets one of the following conditions:
(i) Is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his physical, mental, or emotional health, or morals.
(ii) Has been placed for care or adoption in violation of law.
(iii) Has been abandoned by his parents, guardian or other custodian.
(iv) Is without a parent, guardian or legal custodian.
(v) Is habitually and without justification truant from school while subject to compulsory school attendance.
(vi) Has committed a specific act of habitual disobedience of the reasonable and lawful commands of his parent, guardian or other custodian and who is ungovernable and found to be in need of care, treatment or supervision.
(vii) Is under 10 years of age and has committed a delinquent act.
(viii) Has been formerly adjudicated dependent under section 6341 of the Juvenile Act (relating to adjudication), and is under the jurisdiction of the court, subject to its conditions or placements and who commits an act which is defined as ungovernable in subparagraph (vi).
(ix) Has been referred under section 6323 of the Juvenile Act (relating to informal adjustment), and who commits an act which is defined as ungovernable in subparagraph (vi).
Parent--A biological parent, adoptive parent, legal guardian or primary person responsible for a child.
Potential for harm--
(i) Likely, if permitted to continue, to have a detrimental effect on the child's health, development or functioning.
(ii) The term does not include imminent risk as defined in the definition of ''child abuse'' in § 3490.4.
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.
Report--A verbal or written statement to the county agency from someone alleging that a child is in need of general protective services.
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 children that is consistent with the agency's objectives to:
(1) Keep children safely 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 the home of a relative, other individual who has a significant relationship with the child or the child's family, a foster family home or residential child-care facility for children in need of this care.
(5) Reunite children safely with 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 alleging a need for general protective services. Nothing in this subchapter limits section 6304 or 6334 of the Juvenile Act (relating to powers and duties of probation officers; and petition).
(b) The county agency shall provide 24-hours-per-day/7-day-per-week telephone access to receive reports alleging a need for general protective services.
(c) 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.
(d) The county agency shall use a State-approved risk assessment process for general protective services 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.
(4) Assist in the development of the family service plan.
(e) The county agency shall complete an assessment within 60-calendar days to determine whether or not the child and family should be accepted for general protective services, be referred to another agency for services or close the case.
(f) 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.
(g) The county agency shall interview the child, if age appropriate, and the parents 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 in need of general protective services.
(h) The county agency may make unannounced home visits.
(i) The county agency shall provide or arrange appropriate services to assure the safety of the child during the assessment period.
(j) 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 general protective services 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.
§ 3490.233. Protective custody.
(a) A child alleged to be in need of general protective services may be taken into protective custody under §§ 3490.15--3490.17 and 3490.57.
(b) The director of a hospital or other medical facility or a person specifically designated in writing by the director, or a physician examining or treating a child may take a child into protective custody if it is immediately necessary to protect the child.
§ 3490.234. Notifications.
(a) The county agency shall notify the parent of the receipt of the report alleging the need for general protective services 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 and the primary person who is responsible for the care of the child of the county agency's decision to accept or not accept the family for general protective services within 7-calendar days of making the decision. If the county agency accepts the family for services, it shall include the following information in the notice:
(1) The reasons why the county agency 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 in need of general protective 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 subsection (b).
(4) How to appeal the county agency's decision that the child is in need of general protective services.
(5) The written appeal request shall specify the reasons why the child is not in need of general protective services.
§ 3490.235. Services available through the county agency for children in need of general protective services.
(a) The county agency shall provide, arrange or otherwise make available the same services for children in need of general protective services 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 § 3130.63 (relating to review of family service plans). The county agency worker shall visit the family in performing the case management responsibilities as required by § 3130.63 as often as necessary for management of the service provision at least every 180-calendar days.
(d) The county agency may purchase and use the services of any 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 alleging a need for general protective services which is being assessed on a regular and ongoing basis to assure that the level of services are consistent with the level of risk to the child, to determine the safety of the child and the progress made toward reaching a determination on the need for protective services. The supervisor shall maintain a log of these reviews which at a minimum shall include an entry at 10-calendar day intervals during the assessment period.
(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 either directly by a county agency worker or through purchase of service, by phone or in person but face-to-face contacts with the parent and the child shall occur as often as necessary for the protection of the child but at least as often as:
(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 need for general protective services was established 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 need for general protective services was established.
(ii) No longer determined to be at a high risk by the county agency.
(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 any other 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.
(k) The family service plan shall contain a provision that requires the parents advise the county agency, within 24 hours, when the child or family move from one residence to another.
§ 3490.236. 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 each report for general protective services.
(2) The date and source of the report.
(3) The names and addresses of the persons interviewed in conducting the assessment of each report.
(4) The services provided by the county agency during the assessment of the report.
(5) How the level of services provided are consistent with the level of risk to the child.
(b) Records for reports that are not accepted for service shall be maintained for 5 years following the receipt of the latest report alleging the need for general protective services. The following information shall be maintained:
(1) The name and address of the children.
(2) The names and addresses of the parents.
(3) The names and addresses of the primary persons who are responsible for the care of the child.
(4) The allegations of the need for general protective services.
(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 reasons 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 parents or the primary persons who are 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 (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 agency'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 in need of general protective 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 the 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 any 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.
Information obtained by the county agency or Department in connection with general protective services may only be released as follows:
(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. Standards for risk assessment. 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.
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