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.
Source The provisions of this § 3490.241 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
