Referrals to optional supportive services and community resources may be offered. (ii)The term does not include staff of Commonwealth-operated youth development centers and youth forestry camps. The provisions of this 3490.56 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. Immediately preceding text appears at serial pages (211751) to (211752). The provisions of this 3490.39 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. Nothing in this chapter requires more than one report from any institution, school, facility or agency. Immediately preceding text appears at serial pages (211750) to (211751). If the investigation takes longer than 45 days the agency must promptly notify the family about the extension. 2286; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Maintain confidentiality of case information with non-mandatory reporters. Responsible under Pennsylvania Public Law to receive and investigate specific allegations of physical, sexual or emotional abuse. After a report is made, Pennsylvania law requires authorities begin an investigation right away, which is typically within 24 hours. Investigators usually have 45 days to complete an investigation. (e)An administrator, or other person responsible for hiring decisions, may not hire or contract with an applicant, nor may a prospective operator be issued a certificate of compliance or registration if the applicants report of criminal history record verification or the report of child abuse record information was obtained more than 1 year prior to the date of application. If you are being investigated by CYS and it has been more than a month without a determination of whether Social Services is going to open or close the case, contact our CYS investigation lawyers at Pittsburgh Divorce & Family Law, LLC right away. (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. (8)Incest as defined by section 4302 (relating to incest). Responsibilities of an applicant, prospective operator or legal entity of a child care service. 1996). Child Protective Services FAQ (CPS / DSS), Can an Attorney Help Me During a CPS Investigation. (4)Requests shall identify the specific files needed. These changes will significantly impact the reporting, investigating, assessment, prosecution, and judicial handling of child abuse and neglect cases. Child Protective Services is a branch of the Texas Department of Family and Protective Services (DFPS) that handles complaints of child abuse and neglect in Texas. At the conclusion of the investigation, DSS notifies the parents/caregivers in writing of the agencys case decision. Immediately preceding text appears at serial pages (229427) and (211747) to (211748). The provisions of this 3490.71 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. Immediately preceding text appears at serial pages (211737) to (211738). (4)The reporter of the suspected child abuse, if known. Notify all persons named in the intake as subjects of the abuse or neglect findings, and their rights of review and appeal, per the, Inform the Washington State federally recognized tribe of the outcome of the investigation when children or youth meet the definition of an, Transfer case to FVS, FRS, or CFWS when services are provided, including placement in out-of-home care through. The provisions of this 3490.95 adopted April 27, 1990, effective April 28, 1990 and apply retroactively to January 5, 1988, 20 Pa.B. (ii)Suspected child abuse perpetrated by persons who are not family members. 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). 3513. 2535(a). If any of the following 11 threats are present, it will be interpreted to mean a child is in a state of danger: 1. 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. CPS investigations typically last about 30 days. No part of the information on this site may be reproduced for profit or sold for profit. This section cited in 55 Pa. Code 3490.131 (relating to definitions). (c)Regional staff shall conduct the investigation regardless of the relationship of the agent to the subject child. 3513. The provisions of this 3490.65 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. Immediately preceding text appears at serial page (211728). 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Notifying the child's parents, guardians or other custodians. The provisions of this 3490.52 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 3513. In short, no risk was found that would warrant DSS to be involved or make recommendations because the child is safe. (12)The actions taken by the reporting source, including: (i)The taking of photographs and X-rays. (1)Protect abused children from further abuse. The evidence demonstrated that the child winced when the bruised area was touched and that the child screamed when the mother attempted to apply a cold compress or ice to the bruised area; thus, demonstrating an injury that resulted in severe pain. If DSS receives a report alleging neglect the investigative social worker has up to 72 hours to begin the investigation. The provisions of this 3490.102 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. Child Protective Services (CPS) Investigation, Safety, Risk, and Investigative Assessments, Consultations, Evaluations, and Referrals, Case Coordination and Collateral Contacts, Child Care & Early Learning Professional Development, Mandatory Reporting of Child Abuse or Neglect, Office of Innovation, Alignment, and Accountability, Since Time Immemorial Early Learning Curriculum, Indian Child Welfare Chapter 1 Initial Intake Indian Child Welfare (ICW), Child Protective Services (CPS) Initial Face-to-Face Response, Health and Safety Visits with Children and Youth and Monthly Visits with Parents and Caregivers, Indian Child Welfare Manual Chapter 3 Inquiry and Verification of Childs Indian Status, universal domestic violence (DV) screening, Child Protective Services (CPS) Initial Face-To-Face (IFF) Response, LD CPS Use of Safety Assessment and Safety Planning Tools, Structured Decision Making Risk Assessment (SDMRA), Early Support for Infants and Toddlers (ESIT, 2332. Measure the success of identified child activities. Initial & ongoing investigations of a civil and criminal nature may be made related to the case. Request for verificationA request to the Statewide Central Register from an applicant, operator of a child care service, foster parent or adoptive parent or a child caretaker seeking voluntary certification to determine whether the applicant is named as a perpetrator in an indicated or founded report of child abuse. (a)Section 3490.132 (relating to responsibilities of an administrator) does not apply to a person working in a school who meets the following conditions: (2)Is participating in a job development or job training program. This reliance does not limit the duties required of the county agency by section 6368 of the CPSL (relating to investigation of reports). Virginia Relay enables people who are Deaf, Hard of Hearing, DeafBlind, or have difficulty speaking to communicate by TTY (text telephone . During an Investigation Top In some cases children may be removed from home during an investigation. (5)The county agency shall provide the requested information and inform the designated county officials that the information may not be released to anyone except those permitted access to this information under 3490.91 and that they are subject to 3490.102 (relating to criminal liability for breach of confidentiality). alibi house dressing recipe; chocolate may cause pimples formal hypothesis (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. In proceeding to expunge name of suspected abuser from child abuse registry, hearsay testimony in conjunction with admissible corroborative evidence of the act in question can in toto constitute substantial evidence which will satisfy the agencys burden to justify a conclusion of abuse. SecretaryThe Secretary of the Department or a person specifically designated in writing by the Secretary to perform the Secretarys functions under the CPSL and this chapter. Medical evidenceEvidence provided by a licensed health care professional, including a physician, nurse practitioner, registered nurse, psychiatrist or licensed psychologist. Immediately preceding text appears at serial pages (211722) to (211723). A family receiving Ongoing CPS must be evaluated every 90 days from the date CPS Ongoing Case Service begins. Except for the subject of a report, persons who receive information under this section shall be advised that they are subject to the confidentiality provisions of the CPSL and this chapter, that they are required to insure the confidentiality and security of the information and that they are liable for civil and criminal penalties for releasing information to persons who are not permitted access to this information. (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). The provisions of this 3490.57 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. Retention of information on unfounded reports. CPS or law enforcement intervenes when a caregiver abuses or neglects a child. The following words and terms, when used in this section and 3490.1223490.127 (relating to verification of the existence of child abuse and student abuse records for child care services) have the following meanings, unless the context clearly indicates otherwise: Investigations are not to exceed 90 days unless law enforcement is involved. 3513. Documentation of this review shall be in the case record. (relating to the Juvenile Act). (3)The alleged perpetrator of the suspected child abuse. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. 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 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. However, CYS must conduct an investigation and complete it in a timely manner. Wincing when a bruised area is touched and screaming when an attempt is made to apply cold compresses or ice to a bruised area are sufficient to establish an injury resulting in severe pain. Release of information to required reporters. Have a parent or guardian who has been determined to be unwilling or incapable, i.e., due to mental illness or substance abuse, of supervising or protecting the children or youth and an in-home safety plan cannot be developed to assure the supervision or protection of the children or youth. 3513. The investigation usually begins with a visit to your home by a CPS caseworker, who will be assessing the safety of the child named in the report and any other children living in your household. PA 211 Terms and Privacy. When CPS determines that court action is recommended in the best interests of the child, CPS will begin legal proceedings immediately. No statutes or acts will be found at this website. Child Protective Services Laws Since 2013, legislation has been enacted, changing the manner in which Pennsylvania responds to child abuse. If the child resides in a different county, ChildLine will notify that county also. Protective servicesServices 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. 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. (b)Upon written request, a defendant in a criminal proceeding is entitled to the child abuse information in the possession of a county agency in accordance with applicable law. The home visits shall occur as often as necessary to complete the investigation and to assure the safety of the child. There are five stages of the Child Protective Services investigation: This article will review each of the stages of the CPS investigation in detail. 3513. Court designated advocateA trained citizen volunteer appointed by the court to advocate on behalf of dependent children and alleged dependent children involved in juvenile court proceedings. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Electrical Parts 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. The provisions of this 3490.58 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; reserved July 2, 1999, effective July 3, 1999, 29 Pa.B. Applicant. (f)The Department will process requests for voluntary certification it receives on the forms developed by the Department. A. Y. v. Department of Public Welfare, 641 A.2d 1148 (Pa. 1994). Immediately preceding text appears at serial pages (211748) to (211749). Second-hand smoke in the home is also something that CPS will pay attention to, especially if the children have asthma or other lung problems. This section cited in 55 Pa. Code 3490.39 (relating to expunction from the Statewide Central Register). 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Substantial evidenceEvidence which outweighs inconsistent evidence and which a reasonable person would accept as adequate to support a conclusion. 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 childs condition, and the family shall be referred for general protective services, under Subchapter C of the CPSL (relating to general protective services), if appropriate. The following information is determined and recorded: -Emotion, State of Mind & Any Specific Fears, -Accessibility to Those Who Can Help & Protect. 2286; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. When the CPS investigator comes to your home they are likely to do the following: Interview your child and you. 3513. (ii)Applies for employment with a contractor who is under contract with a child care facility or program. (6)The name of the alleged perpetrators of the suspected abuse and evidence of prior abuse by those persons. This section cited in 55 Pa. Code 3490.233 (relating to protective custody). (e)Law enforcement officials shall treat all reporting sources and persons who cooperated in the investigation as confidential informants. 3707 Cypress Creek Parkway, Suite 400. CPSLThe Child Protective Services Law, 23 Pa.C.S. When DCP&P receives a referral of abuse or neglect, a DCP&P caseworker will investigate the referral within 24 hours. DSS has exclusive decision-making authority during the investigative stages which can make you feel helpless and frustrated. Depending on what CYS investigators find in the month following the initial report, they may close or open a case. (7)The effect that a founded or indicated report of child abuse will have on a person seeking employment in a child care service or in a school. J.C. v. Department of Public Welfare, 980 A.2d 743, 748 (Pa. Cmwlth. 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 (b)The county agency shall protect the safety of the subject child and other children in the home or facility and shall provide or arrange appropriate services when necessary during the investigation period. 3513. Immediately preceding text appears at serial page (211735). The supervisor shall maintain a log of these reviews which at a minimum shall include an entry at 10-calendar day intervals during the investigation period. 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. Texas-Child Protective Services-Investigation-CPS Text or Call 214-516-7700 Text or Call 214-516-7700 or send us a message using the form below Name * Phone Number * Accepts texts Email How can we help? 4629; amended April 27, 1990, effective April 28, 1990 and apply retroactively to January 5, 1988, 20 Pa.B. Immediately preceding text appears at serial page (211728). This report may come from a mandatory reporter or anyone else who believes a child is being abused or neglected at home, school, day care, or anywhere else the child receives care. The provisions of this 3490.101 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. The provisions of this 3490.106 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 5943 (relating to confidential communications to clergymen), privileged communication between a required reporter and the persons 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. Immediately preceding text appears at serial page (236833). 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. (a)An administrator, or other person responsible for employment decisions in a child care facility or program who willfully fails to comply with section 6344 of the CPSL (relating to information relating to prospective child-care personnel) is subject to civil penalty not to exceed $2,500. The legal base of this chapter is the following statutory provisions: (1)Articles VII and IX of the Public Welfare Code (62 P. S. 701774 and 901922). 281-810-9760. The evaluations must be reviewed and approved by a CPS Supervisor. The provisions of this 3490.131 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. Immediately preceding text appears at serial page (211737). Include "unregulated custody transfer" in the email subject line. 1987). If additional information surrounding the incident becomes available, the county agency shall file a new report with ChildLine. 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. (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. 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. The provisions of this 3490.41 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. After the initial investigation, CPS will begin the full-on investigation to gather more evidence supporting or refuting the alleged abuse or neglect. (iv)Participate in the State or local child fatality review team authorized under section 6340(a)(4) and 6343(b) of the CPSL (relating to release of information in confidential reports; and performance audit), convened by a professional, organization and the county agency for the purpose of investigating a child fatality or the development and promotion of strategies to prevent child fatality. (a)The county agency supervisor shall review each report of suspected child abuse which is under investigation on a regular and ongoing basis to ensure 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 status determination. (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. (i)An agent of the county agency includes: (C)Staff and volunteers of public and private residential child care facilities. Immediately preceding text appears at serial page (229424). (4)The nature and extent of the suspected child abuse, including evidence of prior abuse to the child or a sibling. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window).