The provisions of this 3490.32 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (H)A school employe of a facility or agency that is an agent of a county agency. 63016385 (relating to the Child Protective Services Law). (3)Multidisciplinary teams composed of professionals from a variety of disciplines who are consultants to the county agency in its case management responsibilities as required by Chapter 3130 who perform one of the following functions: (i)Pool their knowledge and skills to assist the county agency in diagnosing child abuse. 3513. (a)An applicant or prospective operator of a child care service shall submit a request for verification on forms provided by the Department. Typically, a social worker will meet with the children and parents within the first few days of the investigation beginning, however these interviews will quickly expand to collateral witnesses and medical personnel if needed as a case develops. Others will be returned with instruction for resubmitting the request. 2535(a) when any of the following circumstances exist: (1)The parent has been named as a perpetrator of a founded report of child abuse committed within 5 years or less prior to the request for verification. Except with respect to confidential communications made to an ordained member of the clergy which are protected under 42 Pa.C.S. Measure the success of identified child activities. The provisions of this 3490.127 adopted April 27, 1990, effective April 28, 1990 and apply retroactively to January 5, 1988, 20 Pa.B. When CPS receives a report from the SCR, it is required to begin an investigation within 24 hours. Please direct comments or questions to. 5 Things CPS Can Legally Do . Can Spousal Support be Modified After a Divorce? Not approved, return case to caseworkers for continued work with instructions of what work needs to be completed before resubmitting for transfer or closure. 3513. (e)If the report is founded or indicated, the county agency shall request a written statement from the person in charge of the child care service or facility regarding the steps planned and taken to ensure the future safety of the subject child and other children in the care of the child care service or facility. The provisions of this 3490.18 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (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. 3513. Immediately preceding text appears at serial page (211728). Although each case is different, one thing remains true: if Child Protective Services (CPS) shows up, whether you believe you are guilty or not, you should NOT speak to them until you have contacted a trusted child abuse defense attorney. If it is determined a child is unsafe and in need of protection, the family will be required to abide by a Safety Plan. Formal and informal supports may remain in place following the closure of the CPS ongoing case. When an allegation of abuse involves a child with a pending custody case, the court may refer the allegation to CPS and demand a written report according to the relevant timeline of that court. The provisions of this 3490.54 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 1987). Subjects of the reportA 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. (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. Through the investigation, Social Services will determine whether the allegations were founded or unfounded. At the conclusion of the investigation, DSS notifies the parents/caregivers in writing of the agencys case decision. 1987). Immediately preceding text appears at serial page (229423). State Child Care 3513. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. How Long a Pennsylvania CYS Investigation Takes CYS' initial inquiry typically takes place within 30 days following a report of child abuse or neglect. (i)A majority of the county commissioners. That caseworker will complete the CPS risk-only investigation. Family membersSpouses, parents and children or other persons related by consanguinity or affinity. Protective custody under this chapter may not be maintained longer than 72 hours without an informal hearing under section 6332 of the Juvenile Act (relating to informal hearing). 1987). One or both caregivers cannot control behavior. The provisions of this 3490.59 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (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. 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. A family receiving Ongoing CPS must be evaluated every 90 days from the date CPS Ongoing Case Service begins. -Ask if represented by legal counsel **If so, the caseworker may NOT conduct the interview without the attorneys permission as required by the Gibson Decree. (iii)An admission of the acts of abuse by the perpetrator. Child Protective Services FAQ (CPS / DSS), Can an Attorney Help Me During a CPS Investigation. (a)A child caretaker may request certification from the Department that the requirements of section 6344 of the CPSL (relating to information relating to prospective child-care personnel) have been met. (6)Whether the report was a founded or indicated report. If the case is co-assigned, assign the intake to the CPS investigation caseworker. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 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. Hearings and appeals proceedings for reports received by ChildLine prior to July 1, 1995. The child(ren) will be determined to be either: If SAFE and maltreatment allegations are unsubstantiated, the case will be closed. The provisions of this 3490.63 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. Medical evidenceEvidence provided by a licensed health care professional, including a physician, nurse practitioner, registered nurse, psychiatrist or licensed psychologist. (4)Section 405 of the County Institution District Law (62 P. S. 2305). Virginia Relay. The provisions of this 3490.40 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (2)Lay off or place the provisional employe on leave with or without pay until the clearance statement is received. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Have been sexually abused and a safety plan cannot be developed to protect them from the subject. (iii)Is employed by a contractor seeking a contract with a child care facility or program. 11. Child has exceptional needs which the caregivers cannot or will not meet. (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. "Cooperation with an investigation or assessment." Includes, but is not limited to, a school or school district which permits authorized personnel . 3513. 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. The adoption agency and the county agency having custody of the child shall determine the scope and detail of information which shall be provided so that the prospective parent may make an informed decision to adopt. When the plan is approved by the county agency, the county agency shall immediately send a copy of the approved plan to the appropriate regional licensing director or designee. (10)The person making the report and where the person can be reached. (c)The administrator may employ an applicant on a provisional basis if the administrator has no knowledge or information that would disqualify the applicant from employment in accordance with section 6344 of the CPSL and if the applicant has complied with each of the following: (1)Mailed the requests for the required clearances to ChildLine, the State Police and the FBI, if applicable. (1)Protect abused children from further abuse. Departmental procedures for replying to a request for verification. 1989). (g)When investigating a report of suspected serious mental injury, sexual abuse or exploitation or serious physical neglect, the county agency shall, whenever appropriate, obtain medical evidence or expert consultation, or both. abandonment, Children and adolescents from birth to age 18, Suspected of being physically, sexually, or emotionally 3513. Serious physical neglectA physical condition caused by the act or failure to act of a perpetrator which endangers the childs life or development or impairs the childs functioning and is the result of one of the following: (i)Prolonged or repeated lack of supervision. (2)The reasons why medical examination or expert consultation, or both, was determined not to be necessary. (ii)Suspected child abuse perpetrated by persons who are not family members. Immediately preceding text appears at serial page (211726). CPS Investigations Child Protective Services is at your door. July 3, 2022 cps investigation timeline pa. Refusal to sign the plan may lead to placing the child in foster care. (e)If the applicant does not submit the clearance statement within 30- or 90-calendar days, whichever is applicable, the administrator shall do one of the following: (1)Dismiss the provisional employe until the required clearance statement is received. (iv)The location at which the photograph was taken. The provisions of this 3490.106 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. Department regulations requiring notification of person cited are not applied retroactively; failure to notify petitioner is not a violation of due process. 3513. To a LD CPS investigator if the Risk Only is provider related. ProvideTo 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. (e)School administrators shall, in their contracts with independent contractors and their employes who have direct contact with students, require contractors to include provisions for a clearance statement as required by this chapter. Action by the county agency after determining the status of the report. (iv)Authorized officials or agents of the Department who are conducting a performance audit as authorized under section 6343 of the CPSL (relating to investigating performance of county agency) and this chapter. (8)Federal auditors, if required for Federal financial participation in funding of agencies, but Federal auditors may not remove identifiable reports or copies of them from the Department or county agencies. 4547; reserved July 2, 1999, effective July 3, 1999, 29 Pa.B. Responsible under Pennsylvania Public Law to receive and investigate specific allegations of physical, sexual or emotional abuse. Child care service. Keely v. Department of Public Welfare, 552 A.2d 739 (Pa. Cmwlth. The impending danger must either no longer exist or be sufficiently marginalized to a level manageable by caregiver and family. How to Handle Stimulus Checks During Your Divorce, Defenses to a claim for alimony in North Carolina, Apps That Make Co-Parenting Easier (And Help Keep You Out of Court), Domestic Violence Protections in North Carolina Extend to Unmarried Same-Sex Couples. Virginia Mandated Reporters. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Call or email for a confidential consultation. Successful case closure is based on the CPS Social Worker completing two evaluations: 1. v. Department of Public Welfare, 595 A.2d 644 (Pa. Cmwlth. (5)Meet with the parents to advise them of the decision to do one of the following: (i)Return the child to the childs home. (ii)Applies for employment with a contractor who is under contract with a child care facility or program. If the investigator determines that the child would be at immediate risk of harm if they remained with the parents, the investigator may ask the parents to agree to have the child removed from their care to place them into the care of a relative or family friend. RCW 26.44.100Information about rights Legislative purpose Notification of investigation, report, and findings, RCW 26.44.185 Investigation of child sexual abuse, Revision andexpansion of protocols . Immediately preceding text appears at serial pages (229426) to (229427). If DSS receives a report alleging neglect the investigative social worker has up to 72 hours to begin the investigation. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. If it is determined that the child is currently safe, but the maltreatment allegations are substantiated, the abuse or neglect will be recorded and a case will be opened for Ongoing Child Protective Services. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. The Secretary will notify the perpetrator, the county agency and other subjects in writing as follows: (1)Except the subject child, all other subjects of the report when the decision is to grant the request. (9)Prostitution as defined by section 5902 (relating to prostitution and related offenses). (7)The county agency shall make an entry of the request made by the required reporter and the response given in the case record. Immediately preceding text appears at serial page (236833). In general, when an investigation is opened, CPS must determine whether a child faces immediate or long-term danger in the home. Recent act or failure to actAn 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. 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 childs life or long-term health. Immediately preceding text appears at serial page (211725). This section cited in 55 Pa. Code 3490.91 (relating to persons to whom child abuse information shall be made available). Child protective servicesThose services and activities provided by the Department and each county agency for child abuse cases. (a)A subject of the report and the appropriate county agency have the right to appeal the Secretarys decision to grant or deny a subjects request to amend or expunge an indicated or founded report by filing an appeal with the Secretary. (c)If the complaint of suspected abuse is determined to be one which cannot be investigated by the county agency because the person accused of the abuse is not a perpetrator, but does suggest the need for investigation, the county agency shall immediately transmit the information to the appropriate authorities. Immediately preceding text appears at serial pages (229425) to (229426). ChildA person under 18 years of age. What does a Texas CPS investigation look like? (13)A person, agency or institution, upon written consent of all subjects of the report may receive a copy of the reports on file with the county agency and ChildLine. 3513. (2)A Statewide Central Register which contains the following: (i)Copies of founded and indicated reports of child abuse. When the agency receives a complaint or report of child abuse or neglect, it assigns a CPS investigator to investigate and find evidence supporting or refuting the allegations. Whether your child is removed from your home or not, you may be required to complete parenting classes, anger management classes, alcohol or drug treatment, or therapy. (c)Regional staff shall conduct the investigation regardless of the relationship of the agent to the subject child. The provisions of this 3490.65 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. How Do I Know If My CPS Case Is Closed? Immediately preceding text appears at serial page (229425). Professional crisis counselors are available 24 hours a day, 7 days a week, in over 170 languages. 62), known as the Home Rule Charter and Optional Plans Law. (3)The age and sex of the subjects of the report. In most instances, Child Protective Services has approximately 45 days to investigate reports of neglect, dependency and abuse. Serving Elkins, Parsons, Davis, Philippi, Belington, Buckhannon, Weston, Clarksburg, Fairmont, Morgantown, Martinsburg, & All of West Virginia, 2021 All Rights Reserved | Privacy Policy, How To Divorce In WV: 6 Simple Steps To Freedom, How Much Child Support Will I Get WV Law. 3513. CPS will most-likely also make a report to the police. Immediately preceding text appears at serial page (211731). 7. You have the right to legal representation of your own choosing at all stages of contact with CPS. Immediately preceding text appears at serial pages (229422) to (229423). 501508 and 701704 (relating to Administrative Agency law). (4)Sexual assault as defined by section 3124.1 (relating to sexual assault). Immediately preceding text appears at serial page (211726). Immediately preceding text appears at serial page (211715). 3513. If DSS conducts an investigative assessment (i.e., cases involving serious neglect, abuse, and/or abandonment) DSS can make the following case decision: (1) substantiated or (2) unsubstantiated. 55 East Court Street 3rd Floor Doylestown, PA 18901 Eligibility: For Bucks County residents Hours: Monday through Friday, 8:30am to 4:30pm (215) 348-6900 Get Directions Visit Website More Details (a)An administrator shall require each applicant to submit a clearance statement obtained from the Department within the immediately preceding year as to whether the applicant is named as the perpetrator of an indicated or founded report of child abuse or the individual responsible for an indicated or founded report of student abuse. Copyright @ 2023 Pittsburgh Divorce & Family Law, LLC -. If no concern is found, the report is dismissed, but the report remains on file. Immediately preceding text appears at serial page (211724). 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. (F)Staff and volunteers of county detention centers. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. (a)The county agency shall send the Child Protective Service Investigation Report form (CY-48) to ChildLine within 30-calendar days of the receipt of the report of suspected child abuse. (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 required reporter shall request the information, either verbally or in writing. Child abuse. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Pennsylvania Child Protective Services Law: Usually, a report is "screened out" when: There's not enough information on which to base an investigation. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. If it is an emergency, CYS personnel or local law enforcement may remove the child from the home immediately and then seek a court order approving the removal. Houston Office. 3513. One of a parent's worst nightmares is to have the Pennsylvania Office of Children, Youth and Family Services (CYS), often called child protective services (CPS), show up on their doorstep. The investigation should include an evaluation of the safety of the child named in the report and any other children in the home, and a determination of the risk to the children if they continue to remain in the home. (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). While you have a right to deny a CPS caseworker access to your home, the agency can ask the court to issue a court order. 4629; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. (3)The parents, guardians or other custodians, after being advised that the childs physical condition constitutes a medical emergency will make no immediate arrangements for medically adequate alternative treatment. Division determines that a family is in need of services. OperatorA person who provides a child care service but is not hired by or under contract with a legal entity. However, CYS is not entitled to drag out an investigation. The reasons for termination of the county agency involvement shall be recorded in the case record. The plan of supervision or alternative arrangements shall be in writing, approved by the county agency and kept on file by the county agency until the investigation is completed.