§ 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.
Source The provisions of this § 3490.15 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial pages (211721) to (211722).
Cross References This section cited in 55 Pa. Code § 3490.233 (relating to protective custody).
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