What Every Parent Should Know About Child Protection Services: CHAPTER 3490. PROTECTIVE SERVICES

Wednesday, January 2, 2013

CHAPTER 3490. PROTECTIVE SERVICES

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Ch. 3490 PROTECTIVE SERVICES 55

CHAPTER 3490. PROTECTIVE SERVICES

Subch. Sec.

A. CHILD PROTECTIVE SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3490.1

B. ABUSE OF STUDENTS IN SCHOOL . . . . . . . . . . . . . . . . . . . . . . . . 3490.141

C. GENERAL PROTECTIVE SERVICES . . . . . . . . . . . . . . . . . . . . . . . 3490.201

D. GENERAL REQUIREMENTS FOR CHILD PROTECTIVE

SERVICES AND GENERAL PROTECTIVE SERVICES . . . . . . . 3490.301

Authority

The provisions of this Chapter 3490 issued under Articles VII and IX of the Public Welfare Code

(62 P. S. § 701—774 and 901—922); 42 Pa.C.S. §§ 6301—6365; section 2168 of the County Code

(16 P. S. § 2168); section 405 of the County Institution District Law (62 P. S. § 2305); and the Child

Protective Services Law, 23 Pa.C.S. §§ 6301—6385, unless otherwise noted.

Source

The provisions of this Chapter 3490 adopted December 20, 1985, effective January 1, 1986, 15

Pa.B. 4547, unless otherwise noted.

Notes of Decisions

Class Certification

Class certification should have been granted to a putative class of children in the legal care and

custody of Philadelphia’s Department of Human Services, who sought declaratory and injunctive

relief against the officials responsible for operation of the child welfare system based on systemic

failures and violations of these regulations. Baby Neal ex rel. Kanter v. Casey, 43 F.3d 48, 30 Fed. R.

Serv. 3d (Callaghan) 1469 (3rd Cir. 1994).

Cross References

This chapter cited in 55 Pa. Code § 168.45 (relating to verification of suspected child abuse); 55

Pa. Code § 3041.86 (relating to child abuse reporting); 55 Pa. Code § 3130.31 (relating to responsi-

bilities of the county agency); 55 Pa. Code § 3130.38 (relating to other required services); 55

Pa. Code § 3130.43 (relating to family case records); 55 Pa. Code § 3130.44 (relating to confidenti-

ality of family case records); 55 Pa. Code § 3130.51 (relating to hiring practices); 55 Pa. Code

§ 3130.68 (relating to visiting and communications policies); 55 Pa.Code § 3140.22 (relating to

reimbursable services and reimbursement rates); 55 Pa. Code § 3270.32 (relating to suitability of per-

sons in the facility); 55 Pa. Code § 3280.32 (relating to suitability of persons in the facility); 55

Pa. Code § 3290.32 (relating to suitability of persons in the facility); 55 Pa. Code § 3680.22 (relat-

ing to hiring practices, public and private agencies); 55 Pa. Code § 3680.35 (relating to release of

information in client records); 55 Pa. Code § 3680.62 (relating to service relationship with a county

agency); 55 Pa. Code § 3700.62 (relating to foster parent requirements); 55 Pa. Code § 3700.73

(relating to foster parent appeal of child relocation); 55 Pa. Code § 3800.15 (relating to child abuse);

55 Pa. Code § 3800.51 (relating to child abuse and criminal history checks); 55 Pa. Code § 3800.52

(relating to staff hiring, retention and utilization); 55 Pa. Code § 3800.58 (relating to staff training);

55 Pa. Code § 4226.31 (relating to Child Protective Services Law); 55 Pa. Code § 5310.151 (relating

to client rights); 55 Pa. Code § 6000.25 (relating to additional requirements); 55 Pa. Code § 6000.26

(relating to available materials); and 55 Pa. Code § 6000.32 (relating to provisional hiring process).

3490-1

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55 CHILDREN, YOUTH AND FAMILIES Pt. V

Subchapter A. CHILD PROTECTIVE SERVICES

INTRODUCTION

Sec.

3490.1. Applicability.

3490.2. Purposes.

3490.3. Legal base.

3490.4. Definitions.

3490.5. Waivers.

REPORTERS

3490.11. Reporting suspected child abuse.

3490.12. Required reporters.

3490.13. Reports by employes who are required reporters.

3490.14. Privileged communication.

3490.15. Taking a child into protective custody.

3490.16. Notifying the county agency.

3490.17. Notifying the child’s parents, guardians or other custodians.

3490.18. Filing of a written report by a required reporter.

3490.19. Reporting to the coroner.

3490.20. Other medical information.

3490.21. Release of information on prior child abuse reports.

DEPARTMENTAL RESPONSIBILITIES

3490.31. Receipt of reports.

3490.32. ChildLine reporting to the county agency.

3490.33. Files.

3490.34. Pending complaint file.

3490.35. Statewide Central Register.

3490.36. Providing information to the county agency.

3490.37. Release of information: Statewide Central Register, pending complaint file and

file of unfounded reports.

3490.38. Authorized studies of child abuse data.

3490.39. Expunction from the Statewide Central Register.

3490.40. Notifications regarding indicated reports.

3490.40a Notifications regarding founded reports.

3490.41. Determination of time.

3490.42. Performance audit and reviews.

3490.43. (Reserved).

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Ch. 3490 PROTECTIVE SERVICES 55

COUNTY RESPONSIBILITIES

3490.51. [Reserved].

3490.52. Receipt of reports.

3490.53. Functions of the county agency for child protective services.

3490.54. Independent investigation of reports.

3490.55. Investigation of reports of suspected child abuse.

3490.56. County agency investigation of suspected child abuse perpetrated by persons

employed or supervised by child care services and residential facilities.

3490.57. Protective custody.

3490.58. Notifications.

3490.59. Action by the county agency after determining the status of the report.

3490.60. Services available through the county agency.

3490.61. Supervisory review and child contacts.

3490.62. Repeated child abuse.

3490.63. [Reserved].

3490.64. [Reserved].

3490.65. [Reserved].

3490.66. [Reserved].

3490.67. Written reports to ChildLine.

3490.68. Retention of information on unfounded reports.

3490.69. Reports not received within 60-calendar days.

3490.70. Expunction and amendment of report by the county agency.

3490.71. Guardian ad litem and court designated advocate.

3490.72. [Reserved].

3490.73. Petitioning the court.

CHILD ABUSE BY AGENTS OF THE COUNTY AGENCY

3490.81. Responsibilities of the Department and the county agency.

CONFIDENTIALITY

3490.91. Persons to whom child abuse information shall be made available.

3490.92. Requests by and referrals to law enforcement officials.

3490.93. Requests by designated county officials.

3490.94. Release of the identity of a person who made a report of child abuse or coop-

erated in a subsequent investigation.

3490.95. Release of information to required reporters.

GENERAL REQUIREMENTS FOR CHILD PROTECTIVE SERVICES

3490.101. Sanctions.

3490.102. Criminal liability for breach of confidentiality.

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55 CHILDREN, YOUTH AND FAMILIES Pt. V

3490.103. Nonabuse reports received by the county agency or other public agency from

ChildLine.

3490.104. Release of information to a subject of a report.

3490.105. Request by the subject of a founded or indicated report for expunction or

amendment of an abuse report when the report was received by ChildLine prior

to July 1, 1995.

3490.105a.Request by a perpetrator to amend or expunge an indicated report of child

abuse received by ChildLine after June 30, 1995.

3490.106. Hearings and appeals proceedings for reports received by ChildLine prior to

July 1, 1995.

3490.106a.Hearings and appeals proceedings for indicated reports received by ChildLine

after June 30, 1995.

3490.107. Notification of Secretary’s decision to amend or expunge a report of child

abuse.

3490.108. Cooperation of county agencies and law enforcement agencies.

3490.109. Report from law enforcement agencies.

VERIFICATION OF THE EXISTENCE OF

CHILD ABUSE AND STUDENT ABUSE RECORDS

FOR CHILD CARE SERVICES

3490.121. Definitions.

3490.122. Responsibilities of an applicant, prospective operator or legal entity of a child

care service.

3490.123. Responsibilities of prospective adoptive parents, prospective foster parents, fos-

ter family care agencies and adoption investigators.

3490.124. Departmental procedures for replying to a request for verification.

3490.125. Voluntary certification of child caretakers.

3490.126. Sanctions.

3490.127. Information relating to prospective child care personnel.

VERIFICATION OF THE EXISTENCE OF

CHILD ABUSE AND STUDENT ABUSE RECORDS

FOR SCHOOL EMPLOYES

3490.131. Definitions.

3490.132. Responsibilities of an administrator.

3490.133. Responsibilities of an applicant.

3490.134. Information relating to prospective school employes.

3490.135. Responsibilities of the Department.

3490.136. Sanctions.

Cross References

This subchapter cited in 55 Pa. Code § 3490.321 (relating to standards for risk assessment).

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.1

INTRODUCTION

§ 3490.1. Applicability.

This chapter applies to the Department; other departments, boards, bureaus and

agencies of the Commonwealth or any of its political subdivisions; county chil-

dren 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 profes-

sion, come into contact with children.

Source

The provisions of this § 3490.1 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 (211714) to (211715).

§ 3490.2. Purposes.

The purposes of this subchapter are to:

(1) Protect abused children from further abuse.

(2) Preserve and stabilize families.

(3) Implement the CPSL.

(4) Involve law enforcement agencies in responding to child abuse.

(5) Prioritize the response and services to children most at risk.

(6) Encourage more complete reporting of suspected child abuse.

Source

The provisions of this § 3490.2 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 page (211715).

§ 3490.3. Legal base.

The legal base of this chapter is the following statutory provisions:

(1) Articles VII and IX of the Public Welfare Code (62 P. S. §§ 701—774

and 901—922).

(2) Chapter 63 of 42 Pa.C.S. (relating to the Juvenile Act).

(3) Section 2168 of the County Code (16 P. S. § 2168).

(4) Section 405 of the County Institution District Law (62 P. S. § 2305).

(5) The CPSL, 23 Pa.C.S. §§ 6301—6385 (relating to the Child Protective

Services Law).

Source

The provisions of this § 3490.3 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 page (211715).

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55 § 3490.4 CHILDREN, YOUTH AND FAMILIES Pt. V

§ 3490.4. Definitions.

The following words and terms, when used in this chapter, have the following

meanings, unless the context clearly indicates otherwise:

Accept for service—The county agency decides on the basis of the needs and

problems of an individual to admit or receive the individual as a client of the

agency or as required by a court order entered under the Juvenile Act.

Agent of the county agency—A person who provides a children and youth

social service either directly or under contract or through agreement with a

county agency.

(i) An agent of the county agency includes:

(A) Preadoptive parents.

(B) Foster parents.

facilities.

(D) Staff and volunteers of public and private day care centers, group

day care homes and family day care homes.

(E) Staff and volunteers of public and private social service agencies.

(F) Staff and volunteers of county detention centers.

(G) Persons residing in the home of foster or preadoptive parents.

(H) A school employe of a facility or agency that is an agent of a

county agency.

(ii) The term does not include staff of Commonwealth-operated youth

development centers and youth forestry camps.

Arrange—Make a service available to a client accepted for service through

another agency or service provider which is not paid for by the county agency.

Certified medical practitioner—A licensed physician, a licensed physician’s

assistant or a certified registered nurse practitioner.

CPSL—The Child Protective Services Law, 23 Pa.C.S. §§ 6301—6385.

Child—A person under 18 years of age.

Child abuse—

(i) The term child abuse means any of the following:

(A) Any recent act or failure to act by a perpetrator which causes non-

accidental serious physical injury to a child.

(B) An act or failure to act by a perpetrator which causes nonacciden-

tal serious mental injury to or sexual abuse or exploitation of a child.

a perpetrator which creates an imminent risk of serious physical injury to

or sexual abuse or exploitation of a child.

(D) Serious physical neglect by a perpetrator constituting prolonged or

repeated lack of supervision or the failure to provide the essentials of life,

including adequate medical care, which endangers a child’s life or devel-

opment or impairs the child’s functioning.

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.4

(ii) A child will not be deemed to be physically or mentally abused

based on injuries that result solely from environmental factors that are

beyond the control of the parent or person responsible for the child’s welfare,

such as inadequate housing, furnishings, income, clothing and medical care.

(iii) If, upon investigation, the county agency determines that a child has

not been provided needed medical or surgical care because of seriously held

religious beliefs of the child’s parents, guardian or person responsible for the

child’s welfare, which beliefs are consistent with those of a bona fide reli-

gion, the child will not be deemed to be physically or mentally abused. 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

child’s life or long-term health. In cases involving religious circumstances,

all correspondence with a subject of the report and the records of the Depart-

ment and the county agency may not reference ‘‘child abuse’’ and shall

acknowledge the religious basis for the child’s condition, and the family shall

be referred for general protective services, under Subchapter C of the CPSL

(relating to general protective services), if appropriate.

ChildLine—An organizational unit of the Department which operates a State-

wide toll-free system for receiving reports of suspected child abuse established

under section 6332 of the CPSL (relating to establishment of Statewide toll-free

telephone number), refers the reports for investigation and maintains the reports

in the appropriate file. In addition, it also receives reports of student abuse

under Subchapter C.1 of the CPSL (relating to students in public and private

schools).

Child protective services—Those services and activities provided by the

Department and each county agency for child abuse cases.

County agency——

(i) The county children and youth social service agency established

under section 405 of the County Institution District Law (62 P. S. § 2205),

or its successor, and supervised by the Department under Article VII of the

Public Welfare Code (62 P. S. §§ 701—774).

(ii) The term also includes the Department’s Office of Children, Youth

and Families’ regional offices when the report of suspected child abuse or

student abuse involves an agent of the county agency.

County plan—A needs-based plan and budget estimate which serves as the

basis for administration of the county children and youth social services pro-

gram required by Chapter 3140 (relating to planning and financial reimburse-

ment requirements for county children and youth social service programs).

Court designated advocate—A trained citizen volunteer appointed by the

court to advocate on behalf of dependent children and alleged dependent chil-

dren involved in juvenile court proceedings.

Crimes Code—Title 18 of the Pennsylvania Consolidated Statutes .

Department—The Department of Public Welfare of the Commonwealth.

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55 § 3490.4 CHILDREN, YOUTH AND FAMILIES Pt. V

Director of a hospital or other medical facility—The director or a person

specifically designated in writing by the director to perform the functions under

section 6315 of the CPSL (relating to taking child into protective custody) and

this chapter.

Expunge—To strike out or obliterate entirely so that the stricken information

may not be stored, identified or later recovered by any means—mechanical,

electronic or otherwise.

Family members—Spouses, parents and children or other persons related by

consanguinity or affinity. The term does not include foster parents, foster chil-

dren and paramours.

Founded report—A child abuse report made under the CPSL and this chap-

ter if there has been any judicial adjudication based on a finding that a child

who is a subject of the report has been abused, including the entry of a plea of

guilty or nolo contenderee or a finding of guilt to a criminal charge involving

the same factual circumstances involved in the allegation of child abuse.

Indicated report—A child abuse report made under the CPSL and this chap-

ter if an investigation by the county agency or the Department determines that

substantial evidence of the alleged abuse exists based on any of the following:

(i) Available medical evidence.

(ii) The child protective service investigation.

(iii) An admission of the acts of abuse by the perpetrator.

Individual residing in the same home as the child—An individual who is 14

years of age or older and who resides in the same home as the child.

Juvenile Act—42 Pa.C.S. Chapter 63.

Law enforcement official—The term includes the following:

(i) The Attorney General.

(ii) A county district attorney.

(iii) A State Police officer.

(iv) A county sheriff.

(v) A county police officer.

(vi) A county detective.

(vii) A local or municipal police officer.

Medical evidence—Evidence provided by a licensed health care professional,

including a physician, nurse practitioner, registered nurse, psychiatrist or

licensed psychologist.

Paramour—A person who is engaged in an ongoing intimate relationship

with a parent of the child but is not married to and does not necessarily reside

with the child’s parent.

Parent—A biological parent, adoptive parent or legal guardian.

Pending criminal court action—The status assigned to a report when the

county agency cannot complete the investigation within 30-calendar days

because criminal court action has been initiated.

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.4

Pending juvenile court action—The status assigned to a report when the

county agency cannot complete the investigation within 30-calendar days

because juvenile court action has been initiated.

Performance audit—A review of a county agency’s practices and implemen-

tation of the CPSL and this chapter by persons designated by the Secretary.

Perpetrator—A person who has committed child abuse and is a parent of a

child, a person responsible for the welfare of a child, an individual residing in

the same home as the child or a paramour of the child’s parent.

Person responsible for the child’s welfare——

(i) A person who provides permanent or temporary care, supervision,

mental health diagnosis or treatment, training or control of a child in lieu of

parental care, supervision and control.

(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.

Physician—A person licensed under the statutes and regulations of the Com-

monwealth to practice medicine.

Protective services—Services and activities provided by the Department and

each county agency for children who are abused or in need of general protec-

tive services under this chapter.

Provide—To 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.

Recent act or failure to act—An 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.

Regional staff—Department employes who license and monitor public and

private children and youth social service agencies and facilities within a spe-

cific geographical area of this Commonwealth.

Required reporters—

(i) Persons who, in the course of their employment, occupation or prac-

tice of their profession come into contact with children and have reasonable

cause to suspect, on the basis of their medical, professional or other training

and experience, that a child coming before them in their professional or offi-

cial capacity is a victim of child abuse.

(ii) Except with respect to confidential communications made to an

ordained member of the clergy which are protected under 42 Pa.C.S. § 5943

(relating to confidential communications to clergymen), the privileged com-

munication between any professional person required to report and the

patient or client of that person does not apply to situations involving child

abuse and does not constitute grounds for failure to report as required by this

subchapter.

(iii) Persons required to report include:

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55 § 3490.4 CHILDREN, YOUTH AND FAMILIES Pt. V

(A) A licensed physician, medical examiner, coroner, funeral director,

dentist, optometrist, osteopath, chiropractor, psychologist, podiatrist,

intern, registered nurse or licensed practical nurse.

(B) Hospital personnel engaged in the admission, examination, care or

treatment of persons.

administrator, school teacher, school nurse, social services worker, day

care center worker or another child care or foster care worker, mental

health professional, peace officer or law enforcement official.

Secretary—The Secretary of the Department or a person specifically desig-

nated in writing by the Secretary to perform the Secretary’s functions under the

CPSL and this chapter.

Serious bodily injury—Injury which creates a substantial risk of death or

which causes serious permanent disfigurement or protracted loss or impairment

of the function of a body member or organ.

Serious mental injury—A psychological condition as diagnosed by a physi-

cian or licensed psychologist, including the refusal of appropriate treatment,

that does either of the following:

(i) Renders the child chronically and severely anxious, agitated,

depressed, socially withdrawn, psychotic or in reasonable fear that the child’s

life or safety is threatened.

(ii) Seriously interferes with the child’s ability to accomplish age-

appropriate developmental and social tasks.

Serious physical injury—An injury that does either of the following:

(i) Causes the child severe pain.

(ii) Significantly impairs the child’s physical functioning, either tempo-

rarily or permanently.

Serious physical neglect—A physical condition caused by the act or failure

to act of a perpetrator which endangers the child’s life or development or

impairs the child’s functioning and is the result of one of the following:

(i) Prolonged or repeated lack of supervision.

(ii) Failure to provide essentials of life, including adequate medical and

dental care.

Sexual abuse or exploitation—

(i) Any of the following if committed on a child by a perpetrator:

(A) The employment, use, persuasion, inducement, enticement or coer-

cion of a child to engage in or assist another person to engage in sexually

explicit conduct.

(B) A simulation of sexually explicit conduct for the purpose of pro-

ducing a visual depiction, including photographing, videotaping, computer

depicting or filming, of sexually explicit conduct.

(1) Rape as defined by section 3121 (relating to rape).

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.4

(2) Statutory sexual assualt as defined by section 3122.1 (relating to statu-

tory sexual assault).

(3) Involuntary deviate sexual intercourse as defined by section 3123

(relating to involuntary deviate sexual intercourse).

(4) Sexual assault as defined by section 3124.1 (relating to sexual assault).

(5) Aggravated indecent assault as defined by section 3125 (relating to

aggravated indecent assault).

(6) Indecent assault as defined by section 3126 (relating to indecent

assault).

(7) Indecent exposure as defined by section 3127 (relating to indecent

exposure).

(8) Incest as defined by section 4302 (relating to incest).

(9) Prostitution as defined by section 5902 (relating to prostitution and

related offenses).

(D) Exploitation which includes any of the following:

(1) Looking at the sexual or other intimate parts of a child for the purpose

of arousing or gratifying sexual desire in either person.

(2) Engaging or encouraging a child to look at the sexual or other intimate

parts of another person for the purpose of arousing or gratifying sexual desire

in any person involved.

(3) Engaging or encouraging a child to participate in sexually explicit con-

versation either in person, by telephone, by computer or by a computer aided

device.

Statewide Central Register—A register of child abuse and student abuse,

established in the Department, which consists of founded and indicated reports

of child abuse and student abuse.

Status determination—The decision made by the county agency that a child

abuse or student abuse report is founded, indicated, unfounded, pending juve-

nile court action or pending criminal court action.

Subjects of the report—A 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 sub-

chapter.

Substantial evidence—Evidence which outweighs inconsistent evidence and

which a reasonable person would accept as adequate to support a conclusion.

Unfounded report—A report made under the CPSL and this chapter unless

the report is a founded report or an indicated report.

Source

The provisions of this § 3490.4 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B.

4547; amended April 27, 1990, effective April 28, 1990 and apply retroactively to January 5, 1988,

20 Pa.B. 2286; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding

text appears at serial pages (211715) to (211718), and (236831) to (236832).

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55 § 3490.4 CHILDREN, YOUTH AND FAMILIES Pt. V

Notes of Decisions

Child Abuse

Failure to raise the issue of whether the actions of the abuser fell within the statutory definition of

child abuse constituted a waiver of that issue. B. E. v. Department of Public Welfare, 654 A.2d 290

(Pa. Cmwlth. 1995).

The natural mother’s boyfriend lacked standing to appeal an order adjudicating the child to be

dependent and awarding custody to the natural father, even though a report filed by Children and

Youth Services implicating the boyfriend had been given ‘‘indicated’’ status. In re Interest of Garth-

waite, 619 A.2d 356 (Pa. Super. 1993).

A finding that a child suffered severe pain may be supported by circumstantial evidence and need

not be supported by either testimony from the victim, or by unequivocal medical testimony to that

effect. D. N. v. Department of Public Welfare, 562 A.2d 433 (Pa. Cmwlth. 1989).

The court will not overturn factual findings and a conclusion of law by the Office of Hearings and

Appeals regarding whether particular conduct constituted sexual assault where the issue raised by

petitioner involved OHA’s specific findings as to the nature and extent of bodily contact considering

height differences of the child and her father. J. S. v. Department of Public Welfare , 565 A.2d 862 (Pa.

Cmwlth. 1989).

Record failed to reveal substantial evidence of child abuse, where only evidence of severe pain was

hearsay testimony of social worker and there was not evidence of impairment. N. B. v. Department of

Public Welfare, 527 A.2d 623 (Pa. Cmwlth. 1987).

Father is not entitled to expungement of indicated report of child abuse when substantial evidence

indicates that he touched his daughter’s bare buttocks and insisted on bathing her and rubbing her

‘‘bottom real hard.’’ G. S. v. Department of Public Welfare, 521 A.2d 87 (Pa. Cmwlth. 1987).

If a child’s injury is nonaccidental, then it is considered child abuse. To determine if an injury is

nonaccidental, the Supreme Court has directed that a criminal negligence standard be applied. P. R. v.

Department of Public Welfare, 801 A.2d 478 (Pa. 2002).

Child Abuse-Pain

Day care operator’s argument that because neither the child’s mother nor the child’s doctor testified

regarding any pain, the Department of Public Welfare failed to sustain its burden of proof under this

regulation was rejected. 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. S. T. v. Department of

Public Welfare, 681 A.2d 853 (Pa. Cmwlth. 1996); appeal denied 690 A.2d 1165 (Pa. 1997).

Serious Physical Injury

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. S. T.

v. Department of Public Welfare, Lackawanna County Office, Children Youth & Family Services, 681

A.2d 853 (Pa. Cmwlth. 1996), appeal denied, 690 A.2d 1165 (Pa. 1997).

Serious Physical Neglect

Mother’s conduct on one occasion where she left a 10 1/2 month old child alone on an upper bunk

bed for 15 minutes, during which time the child died from asphyxiation, determined by medical

examiner as an accident, does not constitute ‘‘serious physical neglect’’ as defined in § 3490.4.

3490-12

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.5

Therefore, it was error not to expunge petitioner’s record of indicated child abuse. C. F. v. Depart-

ment of Public Welfare, 804 A.2d 755 (Pa. Cmwlth. 2002).

Cross References

This section cited in 28 Pa. Code §§ 611.5 (relating to definitions); 28 Pa. Code § 611.53 (relating

to child abuse clearance); 55 Pa. Code § 3490.143 (relating to definitions); and 55 Pa. Code

§ 3490.223 (relating to definitions).

§ 3490.5. Waivers.

(a) A waiver of a requirement of this chapter may be requested as specified

in procedures published by the Department.

3490-12.1

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3490-12.2

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.11

(b) A waiver may be granted by the Department if the waiver:

(1) Does not alter the applicability, scope or purpose of this chapter.

(2) Is based on evidence, supplied by the requesting county agency, that

the objective of the requirement will be achieved in another way.

(3) Is based on evidence, supplied by the requesting county agency, that a

waiver will have no adverse effect on the health, safety and rights of children.

(4) Does not violate or condone noncompliance with Federal statutes or

regulation or State statutes.

(5) Does not jeopardize receipt of Federal moneys.

for child protective services), the Department may not waive the requirement that

the county agency is the sole civil agency responsible to receive and investigate

reports of suspected child abuse and receive and assess reports of suspected

neglect.

(d) A county agency requesting a waiver shall continue to comply with the

requirements of this chapter until a waiver is granted.

Source

The provisions of this § 3490.5 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.

REPORTERS

§ 3490.11. Reporting suspected child abuse.

(a) A person may make a report of suspected child abuse to ChildLine or a

county agency if the person has reasonable cause to suspect that a child has been

abused. Reports shall be accepted by ChildLine or the county agency regardless

of whether the person identifies himself.

(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).

Source

The provisions of this § 3490.11 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 page (236832).

§ 3490.12. Required reporters.

In addition to other reports they make, required reporters shall report suspected

child abuse to ChildLine.

3490-13

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55 § 3490.13 CHILDREN, YOUTH AND FAMILIES Pt. V

Source

The provisions of this § 3490.12 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 page (236833).

§ 3490.13. Reports by employes who are required reporters.

(a) Required reporters who work in an institution, school, facility or agency

shall immediately notify the person in charge of the institution, school, facility or

agency or the person in charge’s designee of suspected abuse. The person in

charge, or the designee, shall be responsible and have the obligation to make a

report of the suspected child abuse to ChildLine immediately. Nothing in this

chapter requires more than one report from any institution, school, facility or

agency.

(b) The person in charge or the designee may not make an independent deter-

mination of whether to report. The person in charge or the designee shall notify

the employe when the report was made to ChildLine.

employe who is a required reporter from making a report directly to ChildLine.

Source

The provisions of this § 3490.13 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 (236833) and (211721).

§ 3490.14. Privileged communication.

Except with respect to confidential communications made to an ordained mem-

ber of the clergy which are protected under 42 Pa.C.S. § 5943 (relating to con-

fidential communications to clergymen), privileged communication between a

required reporter and the person’s 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.

Source

The provisions of this § 3490.14 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 apep-

ars at serial page (211721).

§ 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 direc-

tor of a hospital or other medical facility or a physician examining or treating

3490-14

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.16

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 neces-

sary 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 indi-

cated or founded reports of child abuse, the seriousness of the child’s condi-

tion, 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 imme-

diate arrangements for medically adequate alternative treatment.

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).

§ 3490.16. Notifying the county agency.

If a person takes a child suspected of being abused into protective custody, the

person shall immediately notify the county agency in the county where the child

is being held that the child is in protective custody.

Source

The provisions of this § 3490.16 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 page (211722).

Cross References

This section cited in 55 Pa. Code § 3490.233 (relating to protective custody).

3490-15

(257455) No. 298 Sep. 99

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55 § 3490.17 CHILDREN, YOUTH AND FAMILIES Pt. V

§ 3490.17. Notifying the child’s parents, guardians or other custodians.

If a person takes a child into protective custody, the person shall verbally notify

the child’s parents, guardians or other custodians immediately and in writing

within 24 hours, of the following:

(1) The child’s whereabouts unless prohibited by a court order.

(2) The reason for taking the child into protective custody.

(3) The telephone number of the local county agency.

Source

The provisions of this § 3490.17 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 page (211722).

Cross References

This section cited in 55 Pa. Code § 3490.57 (relating to protective custody); and 55 Pa. Code

§ 3490.233 (relating to protective custody).

§ 3490.18. Filing of a written report by a required reporter.

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. The written report shall include

the following information, if available:

(1) The names and addresses of the child and the parents or other persons

responsible for the care of the child.

(2) The county in which the suspected abuse occurred.

(3) The age and sex of the subjects of the report.

(4) The nature and extent of the suspected child abuse, including evidence

of prior abuse to the child or a sibling.

(5) The reasons for suspecting child abuse.

(6) The name of the alleged perpetrators of the suspected abuse and evi-

dence of prior abuse by those persons.

(7) The relationship of the alleged perpetrator to the child.

(8) The family household composition.

(9) The source of the report.

(10) The person making the report and where the person can be reached.

(11) A statement of the child’s parents regarding the suspected abuse and a

statement or admission of abuse by the alleged perpetrator.

(12) The actions taken by the reporting source, including:

(i) The taking of photographs and X-rays.

(ii) The taking of protective custody.

(iii) Notification to the coroner.

(iv) The hospitalization of the child.

3490-16

----------------------- Page 19-----------------------

Ch. 3490 PROTECTIVE SERVICES 55 § 3490.19

Source

The provisions of this § 3490.18 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 (211722) to (211723).

Cross References

This section cited in 49 Pa. Code § 47.52 (relating to suspected child abuse—mandated reporting

requirement); 49 Pa. Code § 48.52 (relating to suspected child abuse—mandated reporting); and 49

Pa. Code § 49.52 (relating to suspected child abuse—mandated reporting requirements).

§ 3490.19. Reporting to the coroner.

A required reporter who suspects that a child died as a result of child abuse

shall send a duplicate of the report sent to the county agency to the coroner of

the county in which the death occurred.

Source

The provisions of this § 3490.19 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 page (211723).

§ 3490.20. Other medical information.

A required reporter may photograph a child who is the subject of a report and,

if clinically indicated, ensure that a radiological examination and other medical

tests of the child are performed. 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 county agency shall be provided

access to the actual photographs and X-rays and may obtain them or duplicates

upon request.

Source

The provisions of this § 3490.20 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 page (211723).

§ 3490.21. Release of information on prior abuse reports.

(a) A physician or director or a person specifically designated in writing by

the director of a hospital or other medical facility may request information from

the county agency on prior abuse involving the child being examined or treated

by the physician or director or a person specifically designated in writing by the

director of the hospital or other medical facility.

(b) The county agency shall provide the physician or director or the designee

of the director treating or examining the child with the requested information on

prior child abuse involving the child.

Source

The provisions of this § 3490.21 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 page (211724).

3490-17

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55 § 3490.31 CHILDREN, YOUTH AND FAMILIES Pt. V

DEPARTMENTAL RESPONSIBILITIES

§ 3490.31. Receipt of reports.

The Department established a single Statewide toll-free telephone number

(800) 932-0313—referred to as ChildLine—available at all times to receive

reports of suspected child abuse.

Source

The provisions of this § 3490.31 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 page (211724).

Cross References

This section cited in 55 Pa. Code § 3490.193 (relating to other provisions).

§ 3490.32. ChildLine reporting to the county agency.

(a) ChildLine shall immediately transmit reports of suspected child abuse

verbally to the county agency of the county where the suspected abuse occurred.

If the child resides in a different county, ChildLine will notify that county also.

(b) If the child was allegedly abused in more than one county or on an ongo-

ing basis, ChildLine will assign the report to the county where the most recent

alleged abuse occurred.

contact the other counties in subsections (a) and (b) in conducting the investiga-

tion. If it appears that a county other than the one to which the report was referred

should conduct the investigation, the agencies should decide between themselves

which one is responsible for the report. The county which received the report ini-

tially shall notify ChildLine of any change so that ChildLine’s records are accu-

rate and up-to-date.

(d) If the counties are unable to agree about which one is responsible to con-

duct the investigation and make the status determination, the county to which the

report was assigned shall contact ChildLine and Childline will assign the inves-

tigation to a county agency to make a status determination.

(e) The report of the investigation shall be submitted to ChildLine within

30-calendar days of when the report was received at ChildLine.

(f) The ChildLine report to the county agency shall contain the information

on the current report of suspected abuse and the information on file at ChildLine

on previous reports except for information obtained by the Department as a result

of a request to expunge an indicated or founded report of child abuse or an indi-

cated report of student abuse.

(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.

3490-18

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.33

Source

The provisions of this § 3490.32 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 page (211724).

Cross References

This section cited in 55 Pa. Code § 3490.36 (relating to providing information to the county

agency).

§ 3490.33. Files.

ChildLine will establish and maintain the following files for reports of child

abuse:

(1) A pending complaint file which contains reports of child abuse that are

one of the following:

(i) Under investigation.

(ii) Pending juvenile or criminal court action.

(2) A Statewide Central Register which contains the following:

(i) Copies of founded and indicated reports of child abuse.

(ii) A subfile of the names of perpetrators of indicated and founded

reports of child abuse if the individual’s Social Security Number or date of

birth is known to the Department. The subfile shall be retained indefinitely.

(3) A statistical file which contains copies of reports of suspected, indi-

cated and founded reports of child abuse after information which could directly

or indirectly identify a subject of a report has been expunged.

(4) A file of unfounded reports awaiting expunction.

Source

The provisions of this § 3490.33 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 page (211725).

Cross References

This section cited in 55 Pa. Code § 3490.39 (relating to expunction from the Statewide Central

§ 3490.34. Pending complaint file.

(a) Upon receipt of a report of suspected child abuse ChildLine will enter the

information specified in section 6336 of the CPSL (relating to information in

Statewide Central Register) into the pending complaint file.

(b) Notwithstanding subsection (c), reports which are determined pending

juvenile or criminal court action shall be maintained in the pending complaint file

until the county agency notifies ChildLine of the final status.

child abuse a status determination has not been received at ChildLine, the report

3490-19

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55 § 3490.35 CHILDREN, YOUTH AND FAMILIES Pt. V

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.

(d) Unfounded reports shall be expunged at ChildLine within 120-calendar

days after the date of the initial report to ChildLine.

(e) Reports which are unfounded awaiting expunction may not be released

from the pending complaint file except to a subject of a report upon written

request, employes of the Department under this subchapter and employes of the

Office of Attorney General under section 6345 of the CPSL (relating to audits by

Attorney General).

Source

The provisions of this § 3490.34 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 page (211725).

§ 3490.35. Statewide Central Register.

When a report of suspected child abuse is determined founded or indicated,

ChildLine shall enter the report in the Statewide Central Register and expunge the

report from the pending complaint file. 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.

Source

The provisions of this § 3490.35 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 (211725) to (211726).

Cross References

This section cited in 55 Pa. Code § 3490.193 (relating to other provisions).

§ 3490.36. Providing information to the county agency.

(a) ChildLine shall release information to a county agency verbally only

when both of the following exist:

(1) The county agency is making a report of suspected child abuse.

(2) ChildLine has identified that the person is a representative of the

county agency.

(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.

regarding a subject of a report, ChildLine will forward copies of all reports on

file which are under investigation, founded or indicated involving that subject to

3490-20

----------------------- Page 23-----------------------

Ch. 3490 PROTECTIVE SERVICES 55 § 3490.37

the county agency, except information obtained by the Department in response to

a request to amend or expunge an indicated or founded report of child abuse.

Source

The provisions of this § 3490.36 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 page (211726).

Cross References

This section cited in 55 Pa. Code § 3490.193 (relating to other provisions).

§ 3490.37. Release of information: Statewide Central Register, pending

complaint file and file of unfounded reports.

(a) A request for information from the Statewide Central Register, pending

complaint file or file of unfounded reports by persons permitted access to this

information, other than the county agency, shall be in writing and signed by the

person requesting the information.

(b) The name of the person who made the report or who cooperated in the

investigation may be released only by the Secretary.

Source

The provisions of this § 3490.37 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 page (211726).

Cross References

This section cited in 55 Pa. Code § 3490.193 (relating to other provisions).

§ 3490.38. Authorized studies of child abuse data.

The Department may conduct or authorize studies of the data contained in the

pending complaint file, the Statewide Central Register, the statistical file, and the

county agency files and distribute the results of the studies if no study contains

the name of a subject or other information by which a subject of a report can be

directly or indirectly identified. Requests to conduct studies shall be made to the

Deputy Secretary, Office of Children, Youth and Families of the Department. The

researcher shall secure the concurrence of the appropriate county agency admin-

istrator to use the county agency files.

Source

The provisions of this § 3490.38 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 (211726) to (211727).

Cross References

This section cited in 55 Pa. Code § 3490.193 (relating to other provisions).

3490-21

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55 § 3490.39 CHILDREN, YOUTH AND FAMILIES Pt. V

§ 3490.39. Expunction from the Statewide Central Register.

(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.

(b) If the Social Security Number or date of birth of the perpetrator is known

in founded or indicated reports of child abuse, the following information shall be

maintained:

(1) The name, Social Security Number, date of birth and sex of the perpe-

trator.

(2) The date of birth and sex of the child.

(3) The dates and the nature and extent of the child abuse.

(4) The county in which the child abuse occurred.

(5) The relationship of the perpetrator to the child.

(6) Whether the report was a founded or indicated report.

(7) The results of any criminal prosecution.

under § 3490.33 (relating to files).

Source

The provisions of this § 3490.39 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 page (211727).

§ 3490.40. Notifications regarding indicated reports.

(a) When indicated reports of child abuse are entered into the Statewide Cen-

tral Register, ChildLine will notify all subjects by first class mail, other than the

subject child, of:

(1) The status of the report.

(2) The perpetrator’s right to request the Secretary to amend or expunge

the report.

(3) The circumstances under which the report will be expunged.

(4) Their right to services from the county agency.

(5) The effect of the report upon future employment opportunities in a

child care service.

(6) The fact that the name of the perpetrator and nature of the abuse will

be kept on file indefinitely if the Social Security Number or date of birth of the

perpetrator is known.

(b) ChildLine will notify the county agency and the perpetrator of any

expunction of a report of child abuse, except when the expunction is the result of

the Secretary’s decision, in which case the county agency and all subjects shall

be notified.

decision to amend a report of child abuse.

3490-22

----------------------- Page 25-----------------------

Ch. 3490 PROTECTIVE SERVICES 55 § 3490.40a

Source

The provisions of this § 3490.40 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 page (211727).

Cross References

This section cited in 55 Pa. Code § 3490.193 (relating to other provisions).

§ 3490.40a. Notifications regarding founded reports.

When founded reports of child abuse are entered into the Statewide Central

ject child, of:

(1) The status of the report.

(2) The effect of the report upon future employment opportunities in a

child care service and a school.

(3) The fact that the name of the perpetrator or school employe and nature

of the abuse will be kept on file indefinitely if the Social Security Number or

date of birth of the perpetrator or school employe is known.

Source

The provisions of this § 3490.40a adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.

Cross References

This section cited in 55 Pa. Code § 3490.193 (relating to other provisions).

§ 3490.41. Determination of time.

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.

Source

The provisions of this § 3490.41 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 (211727) to (211728).

Cross References

This section cited in 55 Pa. Code § 3490.193 (relating to other provisions).

§ 3490.42. Performance audit and reviews.

(a) The Secretary may direct that a performance audit be conducted of any

activity related to the implementation of the CPSL and this chapter.

3490-23

(257463) No. 298 Sep. 99

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55 § 3490.43 CHILDREN, YOUTH AND FAMILIES Pt. V

(b) The Department will determine in its annual licensing and inspection pro-

cess whether the county agency has sufficiently documented reasons why, if

applicable, all child abuse investigations have not been completed within the

30-calendar day period.

reviews to the affected agencies consistent with the confidentiality provisions of

this chapter. Information provided shall include an assessment of compliance with

the provisions of this chapter and recommendations relating to practice issues, if

appropriate.

Source

The provisions of this § 3490.42 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 page (211728).

Cross References

This section cited in 55 Pa. Code § 3490.193 (relating to other provisions).

§ 3490.43. [Reserved].

Source

The provisions of this § 3490.43 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B.

4547; reserved July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text

appears at serial page (211728).

COUNTY RESPONSIBILITIES

§ 3490.51. [Reserved].

Source

The provisions of this § 3490.51 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B.

4547; reserved July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text

appears at serial page (211728).

§ 3490.52. Receipt of reports.

The county agency shall provide 24-hours-per-day/7-days-per-week telephone

access for persons to report suspected child abuse.

Source

The provisions of this § 3490.52 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 page (211728).

§ 3490.53. Functions of the county agency for child protective services.

(a) The county agency is the sole civil agency responsible for receiving and

investigating reports of child abuse except reports of abuse allegedly perpetrated

3490-24

----------------------- Page 27-----------------------

Ch. 3490 PROTECTIVE SERVICES 55 § 3490.54

by an agent. The county agency shall investigate allegations of abuse of children

residing in facilities operated directly by the Department.

(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.

abuse.

(d) If the county agency concludes that the child is in danger of further child

abuse, the county agency shall do the following:

(1) Accept the case for service.

(2) Provide direct case management.

(3) Monitor the provision of services, whether provided directly by the

county agency or through purchase or agreement.

(e) The county agency shall provide direct case management of services pro-

vided to abused children and their families until the county agency is reasonably

assured that the child is no longer in danger of child abuse. The reasons for ter-

mination of the county agency involvement shall be recorded in the case record.

Source

The provisions of this § 3490.53 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 (211728) to (211729).

Notes of Decisions

Expunction Proceedings

Expunction proceedings before the Department of Public Welfare, Bureau of Hearings and Appeals

are civil proceedings as opposed to criminal proceedings; therefore, the Sixth Amendment right for

the accused to confront the witnesses against him does not apply. Dauphin County Social Services for

Children and Youth v. Department of Public Welfare, 855 A.2d 159, 163 (Pa. Cmwlth. 2004)

§ 3490.54. Independent investigation of reports.

Except for reports investigated by the Department, the county agency shall

investigate and make independent determinations on reports of suspected child

abuse, regardless of another investigation conducted by another agency, the court

or the police and regardless of whether or not the person making the report iden-

tified himself. A county agency may rely on an investigation of substantially the

same allegations by a law enforcement agency to support the county agency’s

finding regarding a child abuse report. This reliance does not limit the duties

required of the county agency by section 6368 of the CPSL (relating to investi-

gation of reports).

Source

The provisions of this § 3490.54 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 page (211729).

Cross References

This section cited in 55 Pa. Code § 3490.193 (relating to other provisions).

3490-25

(309099) No. 364 Mar. 05

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55 § 3490.55 CHILDREN, YOUTH AND FAMILIES Pt. V

§ 3490.55. Investigation of reports of suspected child abuse.

(a) Except as provided in subsection (b), the county agency shall begin its

investigation within 24 hours of receiving a report of suspected child abuse. Upon

beginning its investigation, the county agency shall see the child within 24 hours

of receipt of the report.

(b) The county agency shall begin the investigation immediately upon receipt

of a report of suspected child abuse and see the child immediately if one of the

following applies:

(1) Emergency protective custody has been taken or is needed.

(2) It cannot be determined from the report whether or not emergency pro-

tective custody is needed.

home, the county agency shall verbally notify ChildLine of the receipt of the

report, if it was not received initially from ChildLine.

(d) When conducting its investigation, the county agency shall, if possible,

conduct an interview with those persons who are known to have or may reason-

ably be expected to have, information relating to the incident of suspected child

abuse including, but not limited to, all of the following:

(1) The child, if appropriate.

(2) The child’s parents or other person responsible for the child’s welfare.

(3) The alleged perpetrator of the suspected child abuse.

(4) The reporter of the suspected child abuse, if known.

(5) Eyewitnesses to the suspected child abuse.

(6) Neighbors and relatives who may have knowledge of the abuse.

(7) Day care provider or school personnel, or both, if appropriate.

(e) The county agency shall record in writing the facts obtained as a result of

the interviews conducted under subsection (d) and any other interviews it con-

ducts.

(1) When conducting its investigation, the county agency shall maintain a

written record of the facts obtained from each interview it conducts.

(2) At the conclusion of its investigation, when the report is determined

indicated, founded or unfounded and accepted for services, under § 3490.59

(relating to action by the county agency after determining the status of the

report), the county agency shall enter a written summary of the facts obtained

from each interview in the case record.

(f) When investigating a report of suspected child abuse in which a child has

sustained visible injury, the county agency shall, whenever possible and appropri-

ate, take, cause to be taken or obtain color photographs of the injury.

(1) Photographs shall include one snapshot in which the child is clearly

identifiable with the injured part of the body visible to establish the identity of

3490-26

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.55

the child and the actual location and extent of the injury. More than one pho-

tograph of the injury shall be taken if it is necessary to obtain a clear close-up

of the injury.

(2) The county agency shall maintain photographs it secures in the case

record. Photographs shall be identified by all of the following:

(i) The name of the child.

(ii) The age of the child.

(iii) The date and time of day the photograph was taken.

(iv) The location at which the photograph was taken.

(v) The names of witnesses present.

(vi) The name of the photographer.

(g) When investigating a report of suspected serious mental injury, sexual

abuse or exploitation or serious physical neglect, the county agency shall, when-

ever appropriate, obtain medical evidence or expert consultation, or both. The

county agency shall maintain a record of medical evidence or expert consultation,

or both, obtained during its investigation, including one of the following:

(1) The reasons why medical examination or expert consultation, or both,

was secured and the results of the examination/consultation.

(2) The reasons why medical examination or expert consultation, or both,

was determined not to be necessary.

(h) If the investigation indicates serious physical injury, a medical examina-

tion shall be performed on the subject child by a certified medical practitioner. If

there is reasonable cause to suspect there is a history of prior or current abuse,

the medical practitioner has the authority to arrange for further medical tests or

the county agency has the authority to request further medical tests.

(i) When conducting its investigation, the county agency shall visit the

child’s home, at least once during the investigation period. The home visits shall

occur as often as necessary to complete the investigation and to assure the safety

of the child.

(j) When investigating cases of suspected child abuse and a subject is located

in a county other than where the abuse occurred, the county agency shall either

make contact in the county where the subject is located or request the county

where the subject is located to conduct the interview. The county agency where

the subject is located shall assist in the investigation as required by this section.

Source

The provisions of this § 3490.55 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B.

4547; amended December 27, 1985, effective January 1, 1986, 15 Pa.B. 4629; amended July 2, 1999,

effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial pages (211729) to

(211731).

3490-27

(257467) No. 298 Sep. 99

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55 § 3490.56 CHILDREN, YOUTH AND FAMILIES Pt. V

Notes of Decisions

Miranda Warnings

Statements made by defendant to a Children and Youth Services caseworker, as part of an inter-

view under this section, while Defendant was in custody, could be suppressed in the absence of

Miranda warnings, since caseworker was required to forward the report to police. Commonwealth v.

Ramos, 532 A.2d 465 (Pa. Super. 1987).

§ 3490.56. County agency investigation of suspected child abuse perpe-

trated by persons employed or supervised by child care ser-

vices and residential facilities.

(a) In addition to complying with other applicable sections of the CPSL and

this chapter, when investigating a report of suspected child abuse perpetrated by

a person who operates, is employed by or acting as a volunteer for a child care

service, including a child day care center, a group or family day care home or a

residential facility, the county agency, shall, within 24 hours of receipt of the

report, verbally notify the following of the content of the report:

(1) The person in charge of the facility or child care service where the

alleged child abuse occurred.

(2) The person in charge of the agency which placed the child.

(3) The person in charge of the county agency with custody or supervision

of the child.

(4) The regional office of the Department that is responsible to license,

(b) The person in charge of the child care service or facility shall implement

a plan of supervision or alternative arrangements to ensure the safety of the child

and other children who are in the care of the child care service or facility during

the investigation. 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. 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.

writing of the results of the investigation.

(d) The county agency shall develop or revise the family service plan as

required by Chapter 3130 (relating to administration of county children and youth

social service programs) for the child and perpetrator if the report is founded or

indicated and the case has been accepted for service.

(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

request shall be made within 5-calendar days of when the status determination

was made. The person in charge of the child care service or facility shall submit

3490-28

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.57

a written response to the county agency within 10-calendar days of the mailing

date of the county agency’s letter. If the plan is unacceptable to the county

agency, the county agency shall take appropriate action to ensure the safety of the

children in the child care service or facility.

(f) If the facility or child care service is operated, registered, licensed or

approved by the Department, the county agency shall send a copy of the com-

pleted form required by § 3490.67 (relating to written reports to ChildLine)—

filed with ChildLine—and a copy of the written statement required by subsection

(e) to the regional director or the director’s designee in the region where the

founded or indicated child abuse occurred.

Source

The provisions of this § 3490.56 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 page (211731).

Cross References

This section cited in 55 Pa. Code § 3800.15 (relating to child abuse).

§ 3490.57. Protective custody.

(a) The county agency shall comply with the Juvenile Act, the CPSL and this

chapter when taking a child into custody. 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). If, at the informal

hearing, it is determined that protective custody shall be continued and the child

is alleged to be a dependent child under section 6302 of the Juvenile Act (relat-

ing to definitions), the county agency shall within 48 hours of the determination

file a petition with the court under the Juvenile Act alleging that the child is a

dependent child.

(b) The county agency shall request protective custody only if the immediate

safety and well-being of the child requires removal from the setting in which the

alleged child abuse occurred.

under a specific court order naming the individual child. The county agency staff

may not be deputized or use blanket court orders to take children into protective

custody.

(d) A child taken into protective custody may be placed only in the following

locations:

(1) A hospital, if hospitalization is medically necessary in the opinion of

the attending physician.

(2) A home of a relative of the child or other individual who has a signifi-

cant relationship with the child or the child’s family. The home shall be

approved by the county agency for this purpose.

(3) A foster family home approved by a licensed foster family care agency.

3490-29

(257469) No. 298 Sep. 99

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55 § 3490.58 CHILDREN, YOUTH AND FAMILIES Pt. V

(4) A licensed residential child care facility.

(e) If the county agency initiates emergency protective custody, it shall notify

the child’s parents as required by § 3490.17 (relating to notifying the child’s

parents, guardians or other custodians).

(f) Within 48 hours of taking a child into protective custody, the county

agency shall do the following:

(1) Meet with the child’s parents to assess their ability to assure the child’s

safety if the child is to be returned home.

(2) Meet with other individuals who may have information relating to the

safety of the child in the home if the child is to be returned home.

(3) Determine if services could be provided to the family which would

alleviate the conditions necessitating protective custody.

(4) Provide or arrange for necessary services.

(5) Meet with the parents to advise them of the decision to do one of the

following:

(i) Return the child to the child’s home.

(ii) Explain to the parents the reasons why the child will continue to be

held in protective custody and the nature of future legal proceedings includ-

ing the rights provided under sections 6337 and 6338 of the Juvenile Act

(relating to right to counsel; and other basic rights) which are:

(A) The right to counsel.

(B) The right to introduce evidence and cross examine witnesses at the

Juvenile Court hearing.

Source

The provisions of this § 3490.57 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 page (211732).

Cross References

This section cited in 55 Pa. Code § 3490.233 (relating to protective custody).

§ 3490.58. Notifications.

(a) Except for the subject child, the county agency shall notify the subject

who is about to be interviewed of:

(1) The existence of the report and the type of suspected abuse.

(2) The subject’s rights under sections 6337 and 6338 of the Juvenile Act

(relating to right to counsel; and other basic rights) when a case goes to Juve-

nile Court. Those rights are:

(i) The right to counsel.

(ii) The right to introduce evidence and cross examine witnesses.

(3) The perpetrator’s rights regarding amendment and expunction.

(b) Within 72 hours of interviewing the subject, the county agency shall

notify the subject in writing of:

3490-30

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.58

(1) The existence of the report and type of alleged abuse.

(2) The rights under sections 6337 and 6338 of the Juvenile Act, when a

case goes to juvenile court. Those rights are:

(i) The right to counsel.

(ii) The right to introduce evidence and cross examine witnesses.

(3) The perpetrator’s rights regarding amendment and expunction.

(4) The right to obtain a copy of the report from the Statewide Central

(5) The fact that the report, if determined unfounded, will be expunged

from the pending complaint file within 120-calendar days from the date the

report was received at ChildLine.

(6) The purpose of the law, the implications of the status determination of

the report and the services available through the county agency.

(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.

(8) That the agency has, will or may make a report to law enforcement

officials.

if notification is likely to threaten the safety of the victim, the safety of a nonper-

petrator subject or the safety of an investigating county agency worker, to cause

the perpetrator to abscond or to significantly interfere with the conduct of a

criminal investigation. The written notice shall be provided to all subjects prior

to the county agency determining the status of the report and regardless of where

the person lives.

(d) Except for the subject child, the county agency shall notify all subjects in

writing of one of the following when the county agency determines that the report

is unfounded:

(1) The information will be kept on file at the county agency and clearly

identified as an unfounded report of suspected child abuse when the family has

been accepted for services.

(2) The report is unfounded and because the family has not been accepted

for services that all information will be expunged at the county agency upon

notification from ChildLine and that the report will be expunged from the

pending complaint file within 120-calendar days of receipt of the report at

ChildLine.

(e) The county agency shall provide the notification required under subsec-

tion (d) when it notifies ChildLine of the status of the report.

Source

The provisions of this § 3490.58 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 page (211733).

3490-31

(257471) No. 298 Sep. 99

----------------------- Page 34-----------------------

55 § 3490.59 CHILDREN, YOUTH AND FAMILIES Pt. V

Notes of Decisions

Retroactive Application

Department regulations requiring notification of person cited are not applied retroactively; failure

to notify petitioner is not a violation of due process. K. S. v. Department of Public Welfare, 564 A.2d

561 (Pa. Cmwlth. 1989).

§ 3490.59. Action by the county agency after determining the status of the

report.

(a) If the report is determined founded, indicated or unfounded and the fam-

ily has been accepted for service, the county agency shall develop and implement

a family service plan and conduct plan reviews under Chapter 3130 (relating to

administration of county children and youth social service programs).

(b) If the report is unfounded and not accepted for services but the family is

in need of services, other than those provided by the county agency, the county

agency shall advise the subjects of the services available.

Source

The provisions of this § 3490.59 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 page (211733).

Cross References

This section cited in 55 Pa. Code § 3490.55 (relating to investigation of reports of suspected child

abuse).

§ 3490.60. Services available through the county agency.

In addition to those services required in Chapter 3130 (relating to administra-

tion of county children and youth social service programs) the county agency

shall provide, arrange or otherwise make available the following services for the

prevention and treatment of child abuse:

(1) Emergency medical services which include appropriate emergency

medical care for examination, evaluation and treatment of children suspected of

being abused.

(2) Self-help groups to encourage self-treatment of present and potential

abusers.

(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 diag-

nosing child abuse.

(ii) Provide or recommend comprehensive coordinated treatment.

(iii) Periodically assess the relevance of the treatment and the progress

of the family.

3490-32

----------------------- Page 35-----------------------

Ch. 3490 PROTECTIVE SERVICES 55 § 3490.61

(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 investi-

gating a child fatality or the development and promotion of strategies to pre-

vent child fatality.

Source

The provisions of this § 3490.60 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 page (211734).

Cross References

This section cited in 55 Pa. Code § 3490.62 (relating to repeated child abuse); and 55 Pa. Code

§ 3490.235 (relating to services available through the county agency for children in need of general

protective services).

§ 3490.61. Supervisory review and child contacts.

(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 determi-

nation. 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.

(b) When a case has been accepted for service and a family service plan has

been developed under Chapter 3130 (relating to the administration of county

children and youth social service programs), 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, over-

sight, supervision and services for the child and family 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.

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 must occur as often as necessary for

the protection of the child but no less often than:

(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 abuse

occurred 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 abuse occurred.

3490-33

(257473) No. 298 Sep. 99

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55 § 3490.62 CHILDREN, YOUTH AND FAMILIES Pt. V

(ii) Not at a high risk of abuse or neglect.

(d) A periodic assessment of the risk of harm to the child shall be conducted

as required by the State-approved risk assessment process.

(e) 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 services pro-

vided but at least every 180-calendar days.

(f) 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.

Source

The provisions of this § 3490.61 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 (211734) to (211735).

§ 3490.62. Repeated child abuse.

If the child is a victim of one substantiated incident of child abuse and the

county agency receives a subsequent report of suspected child abuse, the county

agency administrator or supervisor shall arrange for a review by the multidisci-

plinary team as required by § 3490.60 (relating to services available through the

county agency). Prior to the meeting with the multidisciplinary team, the agency

administrator or designee, the supervisor and caseworker shall review the family

service plan and make a recommendation to the multidisciplinary team on the

appropriateness of the family service plan and whether additional or different

services are necessary to protect the child. The county agency shall modify the

family service plan, if necessary and appropriate, to reflect the recommendations

of the multidisciplinary team and implement action necessary to fulfill the rec-

ommendations.

Source

The provisions of this § 3490.62 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 page (211735).

§ 3490.63. [Reserved].

Source

The provisions of this § 3490.63 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B.

4547; reserved July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text

appears at serial page (211735).

3490-34

----------------------- Page 37-----------------------

Ch. 3490 PROTECTIVE SERVICES 55 § 3490.64

§ 3490.64. [Reserved].

Source

The provisions of this § 3490.64 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B.

4547; reserved July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text

appears at serial pages (211735) to (211736).

§ 3490.65. [Reserved].

Source

The provisions of this § 3490.65 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B.

4547; reserved July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text

appears at serial page (211736).

§ 3490.66. [Reserved].

Source

The provisions of this § 3490.66 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B.

4547; reserved July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text

appears at serial page (211736).

§ 3490.67. Written reports to ChildLine.

(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.

(b) To avoid expunction of a case as required by § 3490.69 (relating to

reports not received within 60-calendar days) when a status determination cannot

be made and the county agency has petitioned the juvenile court, an arrest has

been made or there is criminal court action pending, the county agency shall send

a copy of the CY-48 to ChildLine with one of the following status determinations:

(1) Pending juvenile court action.

(2) Pending criminal court action.

(3) Indicated, when there is substantial evidence that the child was abused.

subsection (a) when a final status determination is made under subsection (b).

(d) A supplemental child abuse report form shall be submitted to ChildLine

on founded and indicated reports when additional case information is obtained,

including dates of birth, identity of the subjects, additional information about the

nature of the abuse, or the case is presented before a court and there is a change

in the status of the report.

Source

The provisions of this § 3490.67 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 (211736) to (211737).

3490-35

(347475) No. 424 Mar. 10

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55 § 3490.68 CHILDREN, YOUTH AND FAMILIES Pt. V

Notes of Decisions

Accrual Date

A judicial adjudication in a criminal case occurs when an appealable judgment of sentence is

imposed; under this interpretation, a suspension of the 60-day investigation/final determination period

does not end with the entry of a plea in a criminal case, rather, the suspension may continue until a

final, appealable judgment of sentence is imposed. J.C. v. Department of Public Welfare , 980 A.2d

743, 748 (Pa. Cmwlth. 2009).

Denial of mother’s request for expungement of child-abuse report from State-wide registry was

appropriate even though County and Youth Services (CYS) filed final child-abuse report as

‘‘founded’’ more than 60 days after mother pleaded no contest to two counts of aggravated assault

against child; while abuse case was pending in criminal court, the 60-day reporting requirement was

suspended until mother was sentenced. J.C. v. Department of Public Welfare , 980 A.2d 743, 748

(Pa. Cmwlth. 2009).

Cross References

This section cited in 55 Pa. Code § 3490.56 (relating to county agency investigation of suspected

child abuse perpetrated by persons employed or supervised by child care agencies and residential

facilities).

§ 3490.68. Retention of information on unfounded reports.

(a) When a county agency determines that a report of suspected child abuse

is unfounded but accepts the family for services, the agency shall maintain the

records under Chapter 3130 (relating to administration of county children and

youth social service programs).

(b) If the county agency has determined that a report is unfounded, the status

of the report may not be changed subsequently to founded or indicated. If addi-

tional information surrounding the incident becomes available, the county agency

shall file a new report with ChildLine.

Source

The provisions of this § 3490.68 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 page (211737).

§ 3490.69. Reports not received within 60-calendar days.

When the CY-48 form is not filed with ChildLine within 60-calendar days of

receipt of the report by ChildLine, the report shall be unfounded.

Source

The provisions of this § 3490.69 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 page (211737).

Notes of Decisions

Accrual Date

The date on which the known perpetrator of child abuse is reported to the Department’s central

within which the agency must complete its investigation. Cumberland County Children and Youth

Services v. Department of Public Welfare, 611 A.2d 1339 (Pa. Cmwlth. 1992); appeal denied 619 A.2d

701 (Pa. 1993).

3490-36

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.70

A judicial adjudication in a criminal case occurs when an appealable judgment of sentence is

imposed; under this interpretation, a suspension of the 60-day investigation/final determination period

does not end with the entry of a plea in a criminal case, rather, the suspension may continue until a

final, appealable judgment of sentence is imposed. J.C. v. Department of Public Welfare , 980 A.2d

743, 748 (Pa. Cmwlth. 2009).

Denial of mother’s request for expungement of child-abuse report from State-wide registry was

appropriate even though County and Youth Services (CYS) filed final child-abuse report as

‘‘founded’’ more than 60 days after mother pleaded no contest to two counts of aggravated assault

against child; while abuse case was pending in criminal court, the 60-day reporting requirement was

suspended until mother was sentenced. J.C. v. Department of Public Welfare , 980 A.2d 743, 748

(Pa. Cmwlth. 2009).

Cross References

This section cited in 55 Pa. Code § 3490.67 (relating to written reports to ChildLine).

§ 3490.70. Expunction and amendment of report by the county agency.

The county agency shall amend or expunge a record of child abuse upon noti-

fication from ChildLine. The county agency shall expunge all information in its

possession in unfounded, founded and indicated reports of child abuse upon noti-

fication from ChildLine. The county agency shall notify those to whom it gave

information to take similar action.

3490-36.1

(347477) No. 424 Mar. 10

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3490-36.2

----------------------- Page 41-----------------------

Ch. 3490 PROTECTIVE SERVICES 55 § 3490.71

Source

The provisions of this § 3490.70 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 (211737) to (211738).

§ 3490.71. Guardian ad litem and court designated advocate.

The county agency shall cooperate with and provide information to a guardian

ad litem appointed under section 6382 of the CPSL (relating to guardian ad litem

for child in court proceedings) and the court designated advocate. When appro-

priate, because of the age or mental and emotional condition of the child, the

guardian ad litem in addition to representing the best interests of the child shall

also determine the wishes of the child concerning the proceedings and shall com-

municate this information to the court.

Source

The provisions of this § 3490.71 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 page (211738).

§ 3490.72. [Reserved].

Source

The provisions of this § 3490.72 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B.

4547; reserved July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text

appears at serial page (211738).

§ 3490.73. Petitioning the court.

The county agency shall petition the court if one of the following applies:

(1) Placement or continued placement of a child is necessary.

(2) A subject of the report of suspected child abuse refuses to cooperate

with the county agency in an investigation, and the county agency is unable to

determine whether the child is at risk.

(3) The parents refuse services, and the county agency determines that ser-

vices are in the best interests of the child.

Source

The provisions of this § 3490.73 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 page (211738).

Notes of Decisions

Probable Cause

Department of Public Welfare regulations required Children and Youth (C & Y) to make at least

one home visit during a child abuse investigation and if home visit was refused, C & Y was required

to petition court to order the home visit; however, for court to grant petition, request must be based

on probable cause that an act of child abuse or neglect had occurred. In Re Petition to Compel Coop-

eration, 875 A.2d 365, 374 (Pa. Super. 2005).

3490-37

(315879) No. 375 Feb. 06

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55 § 3490.81 CHILDREN, YOUTH AND FAMILIES Pt. V

CHILD ABUSE BY AGENTS OF THE

COUNTY AGENCY

§ 3490.81. Responsibilities of the Department and the county agency.

(a) When the suspected abuse has been committed by an agent of the county

agency, the regional staff shall investigate the report under section 6362 of the

CPSL (relating to responsibilities of county agency for child protective services)

and this chapter. The regional staff may not do any of the following:

(1) Take protective custody.

(2) Petition the court.

(3) Provide services.

(b) If a report is determined indicated or founded and the regional staff deter-

mines that services are necessary, the regional staff, the county agency in the

county where the abuse occurred and the county agency with custody or supervi-

sion of the child, if different, shall plan for social and rehabilitative services for

the child and perpetrator. The plan shall identify which county is responsible for

case management.

ship of the agent to the subject child.

Source

The provisions of this § 3490.81 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 (211738) to (211739).

CONFIDENTIALITY

§ 3490.91. Persons to whom child abuse information shall be made avail-

able.

(a) Reports, report summaries and other accompanying information obtained

under the CPSL and this chapter in the possession of the Department and a

county agency are confidential. 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. This material shall only be released under

the CPSL and this chapter and be made available only to the following:

(1) An authorized official of a county agency or of an agency of another

state that performs protective services analogous to those services performed

by county agencies or the Department in the course of the official’s duties,

multidisciplinary team members assigned to the case and authorized persons

providing services by referral or under section 6364 of the CPSL (relating to

3490-38

----------------------- Page 43-----------------------

Ch. 3490 PROTECTIVE SERVICES 55 § 3490.91

purchasing services of other agencies). The name of the person who made the

report or cooperated in the investigation may be released to county agencies in

this Commonwealth and out-of-State agencies providing protective services

provided they have a legitimate need to know this information to protect the

child and the person requesting the information can assure the confidentiality

of the identity of the persons who made the report or cooperated in the inves-

tigation.

(2) A physician examining or treating a child or the director of a hospital

or medical facility treating a child, if the physician or the director of a hospital

or medical facility suspects the child of being an abused child.

(3) A guardian ad litem and court designated advocate for the child.

(4) An authorized official or agent of the Department including the follow-

ing:

(i) The Secretary.

(ii) Deputy Secretaries of the Department and designated staff, in cases

involving alleged or actual abuse of children in facilities or programs under

their jurisdiction.

(iii) ChildLine staff.

(iv) Authorized officials or agents of the Department who are conduct-

ing a performance audit as authorized under section 6343 of the CPSL (relat-

ing to investigating performance of county agency) and this chapter.

(5) A court of competent jurisdiction under a court order or a court of

common pleas upon written request from a judge in connection with any mat-

ter involving custody of a child.

(i) When the Department receives a written request under this para-

graph, ChildLine will send to the court copies of the Report of Suspected

Child Abuse (CY-47); the ChildLine Report of Suspected Child Abuse and

Neglect For ChildLine Use Only (CY-47C); the Child Protective Service

Investigation Report (CY-48); and the Child Protective Service Supplemen-

tal Report (CY-49) on file at ChildLine involving the subject child, the

child’s siblings and their parents.

(ii) If the court requests specific files or information that is not on file

at ChildLine, ChildLine will notify the county agency administrator to pro-

vide the information directly to the court.

(6) A standing committee of the General Assembly, under section 6384 of

the CPSL (relating to legislative oversight).

(7) The Attorney General.

(8) Federal auditors, if required for Federal financial participation in fund-

ing of agencies, but Federal auditors may not remove identifiable reports or

copies of them from the Department or county agencies.

(9) Law enforcement officials of any jurisdiction inside or outside of this

Commonwealth if the information is relevant in the course of investigating

cases of:

3490-39

(257479) No. 298 Sep. 99

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55 § 3490.91 CHILDREN, YOUTH AND FAMILIES Pt. V

(i) Homicide, sexual abuse or exploitation, or serious bodily injury

perpetrated by persons whether or not related to the victim.

(ii) Suspected child abuse perpetrated by persons who are not family

members.

(iii) Repeated physical injury to a child under circumstances which indi-

cate that the child’s health or welfare is harmed or threatened.

(iv) A missing child report.

(10) Law enforcement officials who shall immediately receive reports of

suspected child abuse from the county agency, when the initial report or initial

review by the county agency gives evidence that the alleged child abuse is one

of the following:

(i) Homicide, sexual abuse or exploitation, or serious bodily injury

perpetrated by persons whether or not related to the child.

(ii) Child abuse perpetrated by persons who are not family members.

(11) Designated county officials in reviewing the competence of the county

agency or its employes under the CPSL and this chapter. Officials under this

paragraph are limited to the following:

(i) The board of commissioners in counties other than counties of the

first class.

(ii) The mayor of a city of the first class under the act of April 21, 1949

(P. L. 665, No. 155), known as the First Class City Home Rule Act.

(iii) An individual serving as a county chief executive as designated by

a county home rule charter or optional plan form of government under the

act of April 13, 1972 (P. L. 184, No. 62), known as the Home Rule Charter

and Optional Plans Law.

(12) A subject of the report upon written request.

(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.

(14) Individuals authorized by the Department to conduct studies of data, if

the study does not contain the name or other information by which the subjects

of reports may be identified.

(15) Required reporters of suspected child abuse whose access to informa-

tion is limited to the following:

(i) The final status of the report following the investigation, whether it

be indicated, founded or unfounded.

(ii) Services provided or arranged by the county agency to protect the

child from further child abuse. This information may be released to the

required reporter at any time after the report of suspected child abuse has

been made.

(16) A prospective adoptive parent, approved by an adoption agency, when

considering adopting an abused child in the custody of a county agency. The

adoption agency and the county agency having custody of the child shall deter-

3490-40

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.91

mine the scope and detail of information which shall be provided so that the

prospective parent may make an informed decision to adopt.

(17) Members of a local or State child fatality review team authorized under

sections 6340(a)(4) and 6343(b) of the CPSL (relating to release of information

in confidential reports; and investigating performance of county agency), for-

mally organized for the purpose of assisting in the investigation of child death

or the development and promotion of strategies to prevent child death. The

information shall be provided only through staff of the county agency or

Department who are members of the team.

(b) Prospective child care service employe applicants, prospective adoptive

and foster parents, prospective administrators and prospective operators of child

care services, and any person seeking voluntary certification may request and

receive information concerning whether there exists on file in the Statewide Cen-

tral Register indicated or founded reports of child abuse naming the person as

perpetrator of child abuse under section 6344 of the CPSL (relating to informa-

tion relating to prospective child-care personnel).

request to amend or expunge a founded or indicated report of child abuse under

§§ 3490.105 and 3490.105a (relating to request by the subject of a founded or

indicated report for expunction or amendment of an abuse report when the report

was received by ChildLine prior to July 1, 1995; and request by a perpetrator to

amend or expunge an indicated report of child abuse received by ChildLine after

June 30, 1995) may only be released to the Secretary or Secretary’s designees in

the course of their official duties and the Attorney General when conducting an

audit under section 6345 of the CPSL (relating to audits by Attorney General).

(d) A person, including a law enforcement official, who willfully breaches the

confidentiality or security of information that the person received under this sub-

section, in addition to other civil or criminal penalties provided by law, shall be

denied access to any confidential child abuse information in the future.

Source

The provisions of this § 3490.91 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B.

4547; amended April 27, 1990, effective April 28, 1990 and apply retroactively to January 5, 1988,

20 Pa.B. 2286; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding

text appears at serial pages (211739) to (211740) and (229421).

Notes of Decisions

Children in File—Disclosure of File

A child placed in foster care, who alleges abuse while in care, has the right to access documents

that pertain to the foster care stay; however, the child does not have an unlimited right to access the

entire file. S. M. ex rel. R.M. v. Children & Youth Services of Delaware County, 686 A.2d 872 (Pa.

Cmwlth. 1996).

Statute Has Priority Over Conflicting Regulation

Where there is a conflict between the statute and a regulation purporting to implement the provi-

sions of that statute, the regulation must give way. Dauphin v. Department of Public Welfare, 855 A.2d

159, 165 note 6 (Pa. Cmwlth. 2004)

3490-41

(337559) No. 408 Nov. 08

----------------------- Page 46-----------------------

55 § 3490.92 CHILDREN, YOUTH AND FAMILIES Pt. V

Cross References

This section cited in 55 Pa. Code § 3490.92 (relating to requests by and referrals to law enforce-

ment officials); 55 Pa. Code § 3490.93 (relating to requests by designated county officials); 55

Pa. Code § 3490.94 (relating to release of the identity of a person who made a report of child abuse

or cooperated in a subsequent investigation); 55 Pa. Code § 3490.95 (relating to release of informa-

tion to required reporters); 55 Pa. Code § 3490.193 (relating to other provisions); and 55 Pa. Code

§ 3800.20 (relating to confidentiality of records).

§ 3490.92. Requests by and referrals to law enforcement officials.

(a) Requests for child abuse information by law enforcement officials under

§ 3490.91(a)(9) (relating to persons to whom child abuse information shall be

made available) shall be made with the following requirements:

(1) Requests shall be in writing and signed by the law enforcement official.

(2) Requests shall indicate that the child abuse information is needed by

the law enforcement official in the course of investigating a case of the follow-

ing:

(i) Homicide, sexual abuse or exploitation, or serious bodily injury,

perpetrated by persons whether or not related to the victim.

(ii) Child abuse perpetrated by persons who are not family members.

(iii) Repeated physical injury to a child under circumstances that indi-

cate that a child’s health or welfare is harmed or threatened.

(iv) A missing child report.

(3) The information shall include the names of the persons who made the

report and who cooperated in the investigation when requested by the law

enforcement official.

(b) Referrals to law enforcement officials required by § 3490.91(a)(10) shall

be made with the following requirements:

(1) Referrals shall be made by the county agency to the district attorney or

other appropriate law enforcement official.

(2) Referrals shall be made if the initial report to or initial review by the

county agency gives evidence that the alleged abuse perpetrated by persons

whether or not related to the child is one of the following:

(i) Homicide.

(ii) Sexual abuse or exploitation.

(iii) Serious bodily injury.

(3) Referrals shall be made if the initial report to or initial review by the

county agency gives evidence that the alleged child abuse is child abuse per-

petrated by persons who are not family members.

(4) If during the course of investigating a report of suspected child abuse,

the county agency obtains evidence which indicates that referral to law

enforcement officials is appropriate, the county agency shall immediately refer

the report to the law enforcement official.

3490-42

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.93

(5) The county agency may not refer to law enforcement officials reports

of suspected child abuse which do not meet the requirements of paragraphs (2)

and (3).

(6) Reports shall be made verbally under policies and procedures devel-

oped in conjunction with the district attorney and other law enforcement offi-

cials.

(7) Reports shall be made in writing on the next work day when the report

is made verbally or within 24 hours of when the county agency determines that

the report meets the criteria for making a report to law enforcement officials.

Written reports shall be made on forms developed by the Department.

(8) The county agency shall release the names of the person who made the

report or cooperated in the investigation to law enforcement officials upon

request.

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.

(d) The county agency may not provide information to a law enforcement

official under this section, unless the law enforcement official is known to or has

exhibited proper identification to the county agency.

(e) Law enforcement officials shall treat all reporting sources and persons

who cooperated in the investigation as confidential informants.

Source

The provisions of this § 3490.92 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 (229421) to (229422).

Cross References

This section cited in 55 Pa. Code § 3490.94 (relating to release of the identity of a person who

made a report of child abuse or cooperated in a subsequent investigation); and 55 Pa. Code § 3800.20

(relating to confidentiality of records).

§ 3490.93. Requests by designated county officials.

Requests for child abuse information by designated county officials under

§ 3490.91(a)(11) (relating to persons to whom child abuse information shall be

made available) shall be made under the following requirements:

(1) Requests shall be made in writing and addressed to the county admin-

istrator.

(2) Requests shall be signed by:

(i) A majority of the county commissioners.

(ii) The mayor of a city of the first class.

(iii) The county chief executive.

3490-43

(257483) No. 298 Sep. 99

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55 § 3490.94 CHILDREN, YOUTH AND FAMILIES Pt. V

(3) Requests shall indicate that the information is needed by the designated

county officials as part of an investigation of the competence of a county

agency or county agency employe.

(4) Requests shall identify the specific files needed.

(5) The county agency shall provide the requested information and inform

the designated county officials that the information may not be released to any-

one 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 con-

fidentiality).

Source

The provisions of this § 3490.93 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 page (229422).

Cross References

This section cited in 55 Pa. Code § 3490.193 (relating to other provisions); and 55 Pa. Code

§ 3800.20 (relating to confidentiality of records).

§ 3490.94. Release of the identity of a person who made a report of child

abuse or cooperated in a subsequent investigation.

(a) Except for the release of the identity of the persons who made a report of

suspected child abuse or cooperated in the investigation under § 3490.91(a)(9)

and (10) and 3490.92(a)(3) (relating to persons to whom child abuse information

shall be made available; and requests by and referrals to law enforcement offi-

cials), the release of data that would identify the person who made a report of

suspected child abuse or person who cooperated in a subsequent investigation is

prohibited, unless the Secretary finds that the release will not be detrimental to

the safety of the person.

(b) Prior to releasing information under subsection (a) to anyone other than a

law enforcement official under subsection (a), the Secretary will notify the per-

son whose identity would be released that the person has 30-calendar days to

advise the Secretary why this anticipated release would be detrimental to the per-

son’s safety.

Source

The provisions of this § 3490.94 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 (229422) to (229423).

Cross References

This section cited in 55 Pa. Code § 3490.104 (relating to release of information to a subject of a

report); 55 Pa. Code § 3490.193 (relating to other provisions); and 55 Pa. Code § 3800.20 (relating

to confidentiality of records).

3490-44

----------------------- Page 49-----------------------

Ch. 3490 PROTECTIVE SERVICES 55 § 3490.95

§ 3490.95. Release of information to required reporters.

The release of information by the county agency to required reporters under

§ 3490.91(a)(15) (relating to persons to whom child abuse information shall be

made available) is subject to the following:

(1) The information released by the county agency shall concern the same

child who was the subject of the report made by the required reporter.

(2) The required reporter shall request the information, either verbally or

in writing.

(3) Before releasing the allowable information, the county agency shall

verify the identity of the required reporter in one of the following ways:

(i) The county agency shall be able to recognize the voice of the

required reporter when the request is made verbally by telephone.

(ii) If the county agency is not familiar with the required reporter and

does not recognize the reporter’s voice the county agency may verify the

request of the required reporter by returning the telephone call to the report-

er’s place of employment.

(iii) If the county agency is unable to verify a telephone request for

information from a required reporter under subparagraphs (i) and (ii), the

county agency shall obtain a written request for information from the

required reporter.

(4) The county agency shall release the information under

§ 3490.91(a)(15) when requested by a required reporter.

(5) The county agency may release the information under

§ 3490.91(a)(15), either verbally or in writing, to the required reporter whether

or not a request for information was received.

(6) The county agency shall inform the required reporter of the reporter’s

obligation to protect the confidentiality of information released as required

under sections 6339 and 6340 of the CPSL (relating to confidentiality of

reports; and release of information in confidential reports).

(7) The county agency shall make an entry of the request made by the

required reporter and the response given in the case record.

Source

The provisions of this § 3490.95 adopted April 27, 1990, effective April 28, 1990 and apply ret-

roactively to January 5, 1988, 20 Pa.B. 2286; amended July 2, 1999, effective July 3, 1999, 29 Pa.B.

3513. Immediately preceding text appears at serial page (229423).

Cross References

This section cited in 55 Pa. Code § 3800.20 (relating to confidentiality of records).

3490-45

(257485) No. 298 Sep. 99

----------------------- Page 50-----------------------

55 § 3490.101 CHILDREN, YOUTH AND FAMILIES Pt. V

GENERAL REQUIREMENTS FOR CHILD

PROTECTIVE SERVICES

§ 3490.101. Sanctions.

A staff member of the Department or county agency who willfully violates the

CPSL and this chapter is subject to disciplinary action, including dismissal.

Source

The provisions of this § 3490.101 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 page (229424).

§ 3490.102. Criminal liability for breach of confidentiality.

A person who willfully releases or permits the release of data or information

contained in the pending complaint file, the Statewide Central Register or the

county agency records, to persons or agencies not permitted by this chapter to

receive this information shall be guilty of a misdemeanor of the third degree. In

addition, the person shall be denied access in the future to information that the

person would otherwise be entitled to receive under the CPSL and this chapter.

Source

The provisions of this § 3490.102 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 page (229424).

Cross References

This section cited in 55 Pa. Code § 3490.93 (relating to requests by designated county officials);

and 55 Pa. Code § 3490.126 (relating to sanctions).

§ 3490.103. Nonabuse reports received by the county agency or other

public agency from ChildLine.

Public agencies, including county agencies, shall evaluate those referrals from

ChildLine made under section 6334 of the CPSL (relating to disposition of com-

plaints received) which have not been identified as reports of suspected child

abuse. If, after the evaluation, the agency has reason to suspect that child abuse

occurred, the agency shall make a report of suspected abuse to ChildLine.

Source

The provisions of this § 3490.103 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 page (229424).

§ 3490.104. Release of information to a subject of a report.

(a) Upon written request to a county agency or ChildLine, a subject of a

report may receive at any time a copy of the reports filed with the county agency

3490-46

----------------------- Page 51-----------------------

Ch. 3490 PROTECTIVE SERVICES 55 § 3490.105

and ChildLine. The identity of the person who made the report or a person who

cooperated in a subsequent investigation may be released only under § 3490.94

(relating to release of the identity of a person who made a report of child abuse

or cooperated in a subsequent investigation).

(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 information is limited to the county agency record from

the date the report was made to the date the county agency determined the status

of the report. The county agency shall send the requested information to the

defendant and the district attorney. The information that is released to the defen-

dant and the district attorney may not contain the identity of the persons who

made the report or cooperated in the investigation.

Source

The provisions of this § 3490.104 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 (229424) to (229425).

Notes of Decisions

Children in Foster Care

A child placed in foster care, who alleges abuse while in care, has the right to access documents

that pertain to the foster care stay; however, the child does not have an unlimited right to access the

entire file. S. M. ex rel. R. M. v. Children & Youth Servs., 686 A.2d 872 (Pa. Cmwlth. 1996).

Cross References

This section cited in 55 Pa. Code § 3490.193 (relating to other provisions).

§ 3490.105. Request by the subject of a founded or indicated report for

expunction or amendment of an abuse report, when the

report was received by ChildLine prior to July 1, 1995.

(a) A subject of an indicated or founded report may request in writing that the

Secretary amend or expunge the report on the grounds that it is inaccurate or

being maintained in a manner inconsistent with the CPSL and this chapter.

(b) The Secretary will decide whether to grant or deny a request made under

subsection (a) within 30 days from the date the request is received. The Secretary

will notify subjects of the report and the appropriate county agency of the deci-

sion by first-class mail.

Source

The provisions of this § 3490.105 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 page (229425).

3490-47

(257487) No. 298 Sep. 99

----------------------- Page 52-----------------------

55 § 3490.105a CHILDREN, YOUTH AND FAMILIES Pt. V

Cross References

This section cited in 55 Pa. Code § 3490.91 (relating to persons to whom child abuse information

shall be made available); and 55 Pa. Code § 3490.106 (relating to hearings and appeals proceedings

for reports received by ChildLine prior to July 1, 1995).

§ 3490.105a. Request by a perpetrator to amend or expunge an indicated

report of child abuse received by ChildLine after June 30,

1995.

(a) A perpetrator of an indicated report of child abuse may request the Sec-

retary to amend or expunge the report on the grounds that it is inaccurate or is

being maintained in a manner inconsistent with the CPSL and this chapter. The

request shall be in writing and postmarked within 45-calendar days of the mail-

ing date of the letter from ChildLine under §§ 3490.40 and 3490.40a (relating to

notifications regarding indicated reports; and notifications regarding founded

reports).

(b) The Secretary will decide within 30-calendar days whether or not to grant

the request. 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 deci-

sion is to grant the request.

(2) Only the perpetrator when the decision is to deny the request.

Cross References

This section cited in 55 Pa. Code § 3490.91 (relating to persons to whom child abuse information

shall be made available).

§ 3490.106. Hearings and appeals proceedings for reports received by

ChildLine prior to July 1, 1995.

(a) A subject of the report and the appropriate county agency have the right

to appeal the Secretary’s decision to grant or deny a subject’s request to amend

or expunge an indicated or founded report by filing an appeal with the Secretary.

(b) Appeals shall be in writing to the Secretary and be postmarked within

45-calendar days from the date of the Secretary’s notification letter to either grant

or deny the request.

to request by the subject of a founded or indicated report for expunction or

amendment of an abuse report when the report was received by ChildLine prior

to July 1, 1995), the subject or county agency has the right to a hearing before

the Department’s Bureau of Hearings and Appeals.

(d) Except as provided in subsection (e), 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

Procedures).

3490-48

----------------------- Page 53-----------------------

Ch. 3490 PROTECTIVE SERVICES 55 § 3490.106a

(e) Hearings will be scheduled and final administrative action taken in accor-

dance with the time limits specified in § 275.4(b) and (e)(1), (3) and (5) (relat-

ing to procedures).

(f) The burden of proof in hearings held under this section is on the appro-

priate county agency.

(g) A court finding of fact of child abuse is presumptive evidence that the

report was substantiated.

(h) Parties to a hearing held under this section have 30-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 appeal the final order to the Common-

wealth Court.

Source

The provisions of this § 3490.106 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 (229425) to (229426).

Notes of Decisions

Expungement

The social worker produced enough evidence, through the child’s medical history, psychological

evaluations of the family members and interviews with relevant parties to establish that the report was

accurate and the Department properly refused to expunge the indicated report of child abuse. M.R.F.

v. Department of Public Welfare, 595 A.2d 644 (Pa. Cmwlth. 1991).

The Department’s 45-day period during which a subject must request a hearing is not applicable

when the Department refuses rather than grants a subject’s request for expungement under 23 Pa.C.S.

§§ 6301—6384 (relating to the Child Protective Servicces Law). Keely v. Department of Public Wel-

fare , 552 A.2d 739 (Pa. Cmwlth. 1989); appeal denied 568 A.2d 1250 (Pa. 1989).

Hearsay

Uncorroborated hearsay cannot satisfy the agency’s burden unless the following requirements are

met: the statement was accurately recorded by audio or video equipment; the audio-visual record dis-

closes the identity and at all times included the images and/or voices of all individuals present during

the interview of the minor; and the statement was not made in response to questioning calculated to

lead the minor to make a particular statement and was not the product of improper suggestion. A. Y.

v. Department of Public Welfare, 641 A.2d 1148 (Pa. 1994).

Substantial Evidence

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 sub-

stantial evidence which will satisfy the agency’s burden to justify a conclusion of abuse. A.Y. v.

Department of Public Welfare, 641 A.2d 1148 (Pa. 1994).

§ 3490.106a. Hearings and appeals proceedings for indicated reports

received by ChildLine after June 30, 1995.

(a) A perpetrator may appeal the Secretary’s decision to deny the request to

expunge an indicated report by filing an appeal with the Secretary.

3490-49

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55 § 3490.107 CHILDREN, YOUTH AND FAMILIES Pt. V

(b) The other subjects of the report and the county agency may appeal the

Secretary’s decision to grant the request to expunge the report.

45-calendar days of the date of the notification letter from the Secretary to either

grant or deny the request to expunge the report.

(d) If an appeal is taken, there is a hearing 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 accor-

dance with the time limits specified in § 275.4(b) and (e)(1), (3) and (5) (relat-

ing to procedures).

(g) The burden of proof in hearings held under this section is on the appro-

priate county agency.

(h) Parties to a hearing held under this section have 15-calendar days from

the mailing 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) An 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 circum-

stances.

Source

The provisions of this § 3490.106a adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.

§ 3490.107. Notification of Secretary’s decision to amend or expunge a

report of child abuse.

The Secretary, after ordering a record to be amended or expunged, shall advise

ChildLine of the decision.

Source

The provisions of this § 3490.107 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 (229426) to (229427).

§ 3490.108. Cooperation of county agencies and law enforcement agen-

cies.

Consistent with this chapter, the county agencies and law enforcement agencies

shall cooperate and coordinate, to the fullest extent possible, their efforts to

respond to reports of suspected child abuse.

3490-50

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.109

Source

The provisions of this § 3490.108 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.

§ 3490.109. Report from law enforcement agencies.

The law enforcement agency shall, as soon as possible and without jeopardiz-

ing the criminal investigation or prosecution, advise the county agency as to

whether a criminal investigation has been undertaken and the results of the inves-

tigation and of any criminal prosecution in cases of suspected child abuse. The

county agency shall ensure that the information is referred to ChildLine in a

timely manner.

Source

The provisions of this § 3490.109 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.

VERIFICATION OF THE EXISTENCE OF CHILD ABUSE AND

STUDENT ABUSE RECORDS FOR CHILD CARE SERVICES

§ 3490.121. Definitions.

The following words and terms, when used in this section and §§ 3490.122—

3490.127 (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:

Administrator—A person hired by or under contract with a legal entity to be

responsible for the management and operation of a child care service.

Applicant—A person who will have direct contact with children in a child

care service, who does one of the following:

(i) Applies for gainful employment in a child care service, including an

administrator, or other support personnel.

(ii) Applies for employment with a contractor who is under contract

with a child care facility or program.

(iii) Is employed by a contractor seeking a contract with a child care

facility or program.

Child care service—

(i) Child day care centers, group and family day care homes, foster

homes, adoptive parents, boarding homes for children, juvenile detention

center services or programs for delinquent or dependent children; mental

health, mental retardation, early intervention and drug and alcohol services

for children; and other child care services which are provided by or subject

to approval, licensure, registration or certification by the Department or a

county social services agency or which are provided under a contract with

the Department or a county social services agency.

3490-51

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55 § 3490.122 CHILDREN, YOUTH AND FAMILIES Pt. V

(ii) The term does not include services or programs which may be

offered by public and private schools, intermediate units or area vocational-

technical schools.

Child caretaker—

(i) A person whether compensated or not who provides care for a child

and who voluntarily solicits certification from the Department under section

6344 of the CPSL (relating to information relating to prospective child-care

personnel).

(ii) The term includes a babysitter, scout leader or den parent.

Direct contact with children—Access to children by a paid employe of or

person under contract with a child care service who has routine and unsuper-

vised access to children in the course of carrying out the employe’s responsi-

bilities in a child care service.

Legal entity—Includes a society partnership, corporation or another govern-

ing authority legally responsible for the administration and operation of a child

care service.

Operator—A person who provides a child care service but is not hired by or

under contract with a legal entity.

Permanent employe—A child care worker who meets one of the following

conditions:

(i) Has met the requirement of § 3490.122 (relating to responsibilities

of an applicant, prospective operator or legal entity of a child care service).

(ii) Was employed prior to January 1, 1986, and was not required to

submit the requests for clearances.

Request for verification—A 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.

Source

The provisions of this § 3490.121 adopted December 27, 1985, effective January 1, 1986, 15 Pa.B.

4629; amended April 27, 1990, effective April 28, 1990 and apply retroactively to January 5, 1988,

20 Pa.B. 2286; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding

text appears at serial pages (229427) and (211747) to (211748).

Cross References

This section cited in 55 Pa. Code § 6000.31 (relating to child care service).

§ 3490.122. Responsibilities of an applicant, prospective operator or legal

entity of a child care service.

(a) An applicant or prospective operator of a child care service shall submit

a request for verification on forms provided by the Department. The request for

verification shall include a check or money order for the fee charged by the

3490-52

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.122

Department, payable to the Department of Public Welfare, which will not exceed

$10. Prospective workfare program participants are exempt from payment of the

fee. To obtain a form for the clearance statement, an applicant may call the

ChildLine verification unit at (717) 783-6211 and request a Pennsylvania Child

Abuse History Clearance Form.

(b) A person who applies to the Department or the Department of Health to

operate a child care service shall comply with procedures established by these

Departments for documentation of compliance with the requirements for reports

of child abuse and criminal record history information.

not hire or contract with an applicant, nor may a prospective operator be issued

a certificate of compliance or registration if the Department has verified that the

applicant or prospective operator is named in the Statewide Central Register as

the perpetrator of a founded report of child abuse committed within 5 years or

less prior to the request for verification.

(d) 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 applicant’s criminal history

record information dictates that the applicant or prospective operator has been

convicted of a crime as specified in section 6344 of the CPSL (relating to infor-

mation relating to prospective child-care personnel) or an equivalent out-of-State

crime as determined by the Department.

(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 applicant’s report of criminal his-

tory record verification or the report of child abuse record information was

obtained more than 1 year prior to the date of application.

(f) An applicant or prospective operator of a child care service located in this

Commonwealth who is not a resident of this Commonwealth is required to obtain

a report of criminal history record from the Federal Bureau of Investigation

according to procedures established by the Department and on forms provided by

ChildLine.

Source

The provisions of this § 3490.122 adopted December 27, 1985, effective January 1, 1986, 15 Pa.B.

4629; amended April 27, 1990, effective April 28, 1990, 20 Pa.B. 2286; amended July 2, 1999, effec-

tive July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial pages (211748) to

(211749).

Cross References

This section cited in 55 Pa. Code § 3490.121 (relating to definitions).

3490-53

(257493) No. 298 Sep. 99

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55 § 3490.123 CHILDREN, YOUTH AND FAMILIES Pt. V

§ 3490.123. Responsibilities of prospective adoptive parents, prospective

foster parents, foster family care agencies and adoption inves-

tigators.

(a) A prospective adoptive parent or a prospective foster parent shall submit

a request for verification on forms provided by the Department. The request for

verification shall include a check or money order for the fee charged by the

Department, payable to the Department of Public Welfare, which will not exceed

$10.

(b) In the course of causing an investigation to be made under 23 Pa.C.S.

§ 2535(a) (relating to investigation), an agency or person designated by the court

to conduct the investigation shall require prospective adoptive parents to submit

the information in section 6344 of the CPSL (relating to information relating to

prospective child-care personnel) for review under subsection (d).

agency shall require a prospective foster parent to submit the information in sec-

tion 6344 of the CPSL for review by the foster family care agency under subsec-

tion (d).

(d) A prospective adoptive parent or prospective foster parent may not be

approved by a foster family care agency, an adoption agency, or a person desig-

nated by the court under 23 Pa.C.S. § 2535(a) when any of the following circum-

stances 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.

(2) The parent has been convicted of a crime under section 6344 of the

CPSL or an equivalent out-of-State crime as determined by the Department.

(3) The report of criminal history record information or the report of child

abuse record information was obtained more than 1 year prior to the date of

application to the agency for approval or 1 year prior to the date of commence-

ment of the investigation under 23 Pa.C.S. § 2535(a).

(e) A prospective adoptive parent or prospective foster parent who is not a

resident of this Commonwealth is required to obtain a report of criminal history

from the Federal Bureau of Investigation according to procedures established by

the Department and on forms provided by ChildLine.

Source

The provisions of this § 3490.123 adopted December 27, 1985, effective January 1, 1986, 15 Pa.B.

4629; amended April 27, 1990, effective April 28, 1990 and apply retroactively to January 5, 1988,

20 Pa.B. 2286; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding

text appears at serial pages (211749) to (211750).

Cross References

This section cited in 55 Pa. Code § 3490.121 (relating to definitions).

3490-54

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.124

§ 3490.124. Departmental procedures for replying to a request for verifi-

cation.

(a) Requests for verification received on forms provided by the Department

with a check or money order payable to the Department of Public Welfare in the

amount charged by the Department will be processed. Prospective workfare par-

ticipants are exempt from payment of the fee. Others will be returned with

instruction for resubmitting the request.

(b) The Department will advise the person seeking verification in writing

whether or not he is named as a perpetrator of an indicated or founded report of

child abuse or a school employe responsible for student abuse named in the

Statewide Central Register. If the person is named as a perpetrator of an indicated

or founded report of child abuse or a school employe responsible for student

abuse, the response will include the following information:

(1) The number of indicated or founded reports of child abuse and student

abuse in which the person is named.

(2) The date of the incidents of indicated or founded reports of child abuse

and student abuse in which the person is named.

Source

The provisions of this § 3490.124 adopted December 27, 1985, effective January 1, 1986, 15 Pa.B.

4629; amended April 27, 1990, effective April 28, 1990 and apply retroactively to January 5, 1988,

20 Pa.B. 2286; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding

text appears at serial page (211750).

Cross References

This section cited in 55 Pa. Code § 3490.121 (relating to definitions); 55 Pa. Code § 3490.125

(relating to voluntary certification of child caretakers); and 55 Pa. Code § 3490.126 (relating to sanc-

tions).

§ 3490.125. Voluntary certification of child caretakers.

(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.

(b) A child caretaker requesting voluntary certification who is a resident of

this Commonwealth shall obtain a report of criminal history from the Pennsylva-

nia State Police and submit it to the Department with the request for verification

on forms provided by the Department.

of this Commonwealth shall secure a report of criminal history from the Federal

Bureau of Investigation under procedures established by the Department on prop-

erly prepared forms provided by ChildLine.

(d) The Department will reply to requests for voluntary certification by pro-

viding the following:

3490-55

(257495) No. 298 Sep. 99

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55 § 3490.126 CHILDREN, YOUTH AND FAMILIES Pt. V

(1) A copy of the report of criminal history record information from the

Pennsylvania State Police.

(2) A report of child abuse and student abuse history record information

under § 3490.124 (relating to Departmental procedures for replying to a

request for verification).

(e) A request for voluntary certification from the Department may be made

no more frequently than every 2 years.

(f) The Department will process requests for voluntary certification it

receives on the forms developed by the Department. The request shall include a

check or money order payable to the Department of Public Welfare in the amount

charged by the Department. Others will be returned with instructions for resub-

mitting the request.

Source

The provisions of this § 3490.125 adopted December 27, 1985, effective January 1, 1986, 15 Pa.B.

4629; amended April 27, 1990, effective April 28, 1990 and apply retroactively to January 5, 1988,

20 Pa.B. 2286; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding

text appears at serial pages (211750) to (211751).

Cross References

This section cited in 55 Pa. Code § 3490.121 (relating to definitions).

§ 3490.126. Sanctions.

(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.

(b) Information received by a legal entity, an administrator, the Department

or the Department of Health under § 3490.124 (relating to Departmental proce-

dures for replying to a request for verification) is confidential and the legal entity,

administrator, the Department and the Department of Health are subject to

§ 3490.102 (relating to criminal liability for breach of confidentiality).

Source

The provisions of this § 3490.126 adopted December 27, 1985, effective January 1, 1986, 15 Pa.B.

4629; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text

appears at serial pages (211751) to (211752).

Cross References

This section cited in 55 Pa. Code § 3490.121 (relating to definitions).

§ 3490.127. Information relating to prospective child care personnel.

(a) The administrator of a child care service may employ applicants on a

provisional basis for a single period of employment pending the receipt of the

3490-56

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.127

required clearances in accordance with section 6344 of the CPSL (relating to

information relating to prospective child-care personnel).

(b) The maximum period of employment allowed for a provisional employe

is as follows:

(1) Thirty calendar days for an applicant residing in this Commonwealth.

(2) Ninety calendar days for an out-of-State applicant.

administrator has no knowledge or information that would disqualify the appli-

cant 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.

(2) Provided copies of these completed request forms for clearances to the

administrator to retain as a condition of provisional employment.

(3) Sworn or affirmed in writing that the applicant was not disqualified

from employment under section 6344 of the CPSL or an equivalent out-of-State

crime.

(d) During the 30- or 90-day provisional period, the provisional employe may

not be permitted to work alone with children and shall work within the vicinity

of a permanent employe.

(e) If the provisional employe does not submit the required clearances within

30- or 90-calendar days of employment, whichever is applicable, the administra-

tor shall do one of the following:

(1) Dismiss the provisional employe until the required clearances are

received.

(2) Lay off or place the provisional employe on leave with or without pay

until the clearances are received.

(3) Retain and reassign the provisional employe to a position that does not

involve direct contact with children.

(f) A provisional employe shall be immediately dismissed from employment

if he is disqualified from employment under section 6344 of the CPSL.

Source

The provisions of this § 3490.127 adopted April 27, 1990, effective April 28, 1990 and apply ret-

roactively to January 5, 1988, 20 Pa.B. 2286; amended July 2, 1999, effective July 3, 1999, 29 Pa.B.

3513. Immediately preceding text appears at serial page (211752).

Cross References

This section cited in 55 Pa. Code § 3490.121 (relating to definitions).

3490-57

(257497) No. 298 Sep. 99

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55 § 3490.131 CHILDREN, YOUTH AND FAMILIES Pt. V

VERIFICATION OF THE EXISTENCE OF CHILD ABUSE AND

STUDENT ABUSE RECORDS FOR SCHOOL EMPLOYES

§ 3490.131. Definitions.

The following words and terms, when used in this section and §§ 3490.132—

3490.136, have the following meanings, unless the context clearly indicates oth-

erwise:

Administrator—

(i) The person responsible for the administration of a public or private

school, intermediate unit or area vocational-technical school.

(ii) The term includes a person responsible for employment decisions in

a school and an independent contractor.

Applicant—

(i) An individual who applies for a position as a school employe

including a person applying to be a volunteer in charter or regional charter

schools.

(ii) The term includes an individual who transfers from one position as

a school employe to another position as a school employe.

Clearance statement—An official clearance statement from the Department

on whether an applicant’s name is on file in the Statewide Central Register as

a perpetrator in an indicated or founded report of child abuse or an indicated or

founded report of student abuse, or both.

Direct contact with students—Access to children by a school employe who

has routine and unsupervised access to children in the course of carrying out

the employe’s responsibilities in a school.

Independent contractor and the contractor’s employes—A person employed

in a position on a contractual basis with a school who has direct contact with

students.

Position—The job classification of a school employe as defined and deter-

mined by existing law, State regulation or the school board or governing

authority including administrative and supervisory staff, teachers, paraprofes-

sionals, support staff or others.

School—All schools including public and nonpublic schools as defined in the

Public School Code of 1949 (24 P. S. §§ 1-101—27-2702) and private aca-

demic schools as defined in 22 Pa. Code Part II (relating to State Board of Pri-

vate Academic Schools), as follows:

(i) Public—School districts, intermediate units, area vocational-

technical schools, charter and regional charter schools.

(ii) Registered—Nonpublic (religiously affiliated schools).

(iii) Licensed—Private academic schools that are licensed by the Depart-

ment of Education (includes residential facilities that hire their own staff to

teach residents of the facility).

3490-58

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.132

(iv) Accredited—Accredited by an accreditation association or organiza-

tion.

(v) State-owned—Scotland School and Scranton School for the Deaf.

School employe—

(i) An individual employed in a position by a school.

(ii) The term includes independent contractors and their employes.

(iii) The term excludes individuals who have no direct contact with stu-

dents.

Substitute list—A list, approved by the hiring authority of a school, contain-

ing the names of persons eligible to serve the school as substitute teachers or

temporary replacements for other employes.

Transfer—A change from one position to another.

Source

The provisions of this § 3490.131 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.

§ 3490.132. Responsibilities of an administrator.

(a) An administrator shall require each applicant to submit a clearance state-

ment 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.

(b) The clearance statement under subsection (a) is not required for an appli-

cant who meets the following conditions:

(1) Transfers from one position as a school employe to another position as

a school employe of the same school district or of the same organization.

(2) Has, prior to the transfer, already obtained the official clearance state-

ment under subsection (a).

spective school employes), an administrator may not hire an applicant if the

applicant is the perpetrator of a founded report of child abuse or the individual

responsible for a founded report of student abuse.

(d) An administrator may not hire an applicant if the clearance statement is

more than 1 year old as determined by the date on the clearance statement.

(e) School administrators shall, in their contracts with independent contrac-

tors and their employes who have direct contact with students, require contrac-

tors to include provisions for a clearance statement as required by this chapter.

(f) A clearance statement is required only prior to the initial hiring of a sub-

stitute and remains in effect as long as the substitute continues to be employed

by the same school. When a substitute seeks to have his name added to another

school’s substitute list, the substitute shall provide a current clearance statement

3490-59

(257499) No. 298 Sep. 99

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55 § 3490.133 CHILDREN, YOUTH AND FAMILIES Pt. V

to the additional school. The fact that a substitute appears on one school’s sub-

stitute list is not sufficient evidence to allow another school to add the substitute’s

name to its substitute list.

(g) The administrator shall make a copy of the clearance statement and place

it in the employe’s personnel record.

Source

The provisions of this § 3490.132 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.

Cross References

This section cited in 55 Pa. Code § 3490.131 (relating to definitions); and 55 Pa. Code § 3490.134

(relating to information relating to prospective school employes).

§ 3490.133. Responsibilities of an applicant.

(a) An applicant shall submit a request for a clearance statement to the

Department on the form provided by the Department. The request shall include a

check or money order payable to the Department of Public Welfare in the amount

specified on the application. The fee may not exceed $10.

(b) To obtain a form for the clearance statement, an applicant may call the

ChildLine verification unit at (717) 783-6211 and request a Pennsylvania Child

Abuse History Clearance Form.

trator and permit a copy to be made.

Source

The provisions of this § 3490.133 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.

Cross References

This section cited in 55 Pa. Code § 3490.131 (relating to definitions).

§ 3490.134. Information relating to prospective school employes.

(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:

(1) Is under 21 years of age.

(2) Is participating in a job development or job training program.

(3) Is employed for not more than 90-calendar days.

(b) An administrator may employ an applicant on a provisional basis if the

following apply:

(1) The applicant attests in writing by oath or affirmation that he has sub-

mitted a request for a clearance statement and is not disqualified under

§ 3490.132.

(2) The administrator has no knowledge of information which would dis-

qualify the applicant under § 3490.132.

3490-60

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.135

(1) Thirty-calendar days for residents of this Commonwealth.

(2) Ninety-calendar days for residents of another state.

(d) An administrator may not hire an applicant on a provisional basis during

a strike under the Public Employee Relations Act (43 P. S. §§ 1101.201—

1101.2201).

(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.

(2) Lay off or place the provisional employe on leave with or without pay

until the clearance statement is received.

(3) Retain and reassign the provisional employe to a position that does not

involve direct contact with children.

(f) An administrator shall immediately dismiss a provisional employe if the

employe is the perpetrator of a founded report of child abuse or the individual

responsible for causing serious bodily injury to or sexually abusing or exploiting

a student in a founded report of student abuse.

Source

The provisions of this § 3490.134 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.

Cross References

This section cited in 55 Pa. Code § 3490.131 (relating to definitions); and 55 Pa. Code § 3490.132

(relating to responsibilities of an administrator).

§ 3490.135. Responsibilities of the Department.

(a) Requests for clearance statements received on forms provided by the

Department with a check or money order payable to the Department of Public

Welfare in the amount charged by the Department will be processed. The Depart-

ment will return the forms that are not completed properly with instructions for

resubmitting the request.

(b) The Department will advise the person seeking a clearance statement in

writing whether or not he is named as a perpetrator of an indicated or founded

report of child abuse or a school employe responsible for student abuse named in

the Statewide Central Register. If the person is named as a perpetrator of an indi-

cated or founded report of child abuse or a school employe responsible for stu-

dent abuse, the response will include the following information:

(1) The number of indicated or founded reports of child abuse and student

abuse in which the person is named.

(2) The date of the incidents of indicated or founded reports of child abuse

and student abuse in which the person is named.

3490-61

(257501) No. 298 Sep. 99

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55 § 3490.136 CHILDREN, YOUTH AND FAMILIES Pt. V

statement within 14 days of receipt of the request by the Department.

Source

The provisions of this § 3490.135 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.

Cross References

This section cited in 55 Pa. Code § 3490.131 (relating to definitions).

§ 3490.136. Sanctions.

An administrator who willfully violates section 6355 of the CPSL (relating to

requirement) shall be subject to an administrative penalty of $2,500. An action

under section 6355 of the CPSL is governed by 2 Pa.C.S. §§ 501—508 and

701—704 (relating to Administrative Agency law).

Source

The provisions of this § 3490.136 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.

Cross References

This section cited in 55 Pa. Code § 3490.131 (relating to definitions).

Subchapter B. ABUSE OF STUDENTS IN SCHOOL

INTRODUCTION

Sec.

3490.141. Applicability.

3490.142. Purpose.

3490.143. Definitions.

SCHOOL RESPONSIBILITIES

3490.151. Required reporting.

3490.152. Responsibilities of administrators and school employes.

3490.153. Information provided to the district attorney and law enforcement officials.

3490.154. Release of information by a school employe including an administrator.

LAW ENFORCEMENT RESPONSIBILITIES

3490.161. Responsibilities of law enforcement officials.

3490-62

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.141

COUNTY RESPONSIBILITIES

3490.171. Receipt and investigation of reports of suspected student abuse.

3490.172. Coordination of an investigation.

3490.173. Notifications by the county agency.

3490.174. Services for students.

3490.175. Expunction and amendment of reports of student abuse by the county agency.

DEPARTMENT RESPONSIBILITIES

3490.181. Agents of the county agency.

3490.182. ChildLine files.

GENERAL REQUIREMENTS FOR STUDENT ABUSE

3490.191. Request by a school employe to amend or expunge an indicated report of stu-

dent abuse.

3490.192. Request for a hearing by a school employe for indicated reports of student

abuse.

3490.193. Other provisions.

Source

The provisions of this Subchapter B adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513,

unless otherwise noted.

INTRODUCTION

§ 3490.141. Applicability.

This subchapter applies to the Department, county agencies, law enforcement

officials and schools.

Cross References

This section cited in 55 Pa. Code § 3490.143 (relating to definitions).

§ 3490.142. Purpose.

The purpose of this subchapter is to implement the provisions of the CPSL

relating to student abuse.

Cross References

This section cited in 55 Pa. Code § 3490.143 (relating to definitions).

§ 3490.143. Definitions.

In addition to the definitions in § 3490.4 (relating to definitions), the follow-

ing words and terms, when used this section and §§ 3490.141, 3490.142,

3490.151—3490.154, 3490.161, 3490.171—3490.175, 3490.181, 3490.182 and

3490.191—3490.193, have the following meanings, unless the context clearly

indicates otherwise:

3490-63

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55 § 3490.143 CHILDREN, YOUTH AND FAMILIES Pt. V

Administrator—The person responsible for the administration of a public or

private school, intermediate unit or area vocational-technical school. The term

includes an independent contractor.

Founded report for a school employe—A report of student abuse if there is

any judicial adjudication based on a finding that the student suffered serious

bodily injury or sexual abuse or exploitation, including the entry of a plea of

guilty or nolo contendere or a finding of guilt to a criminal charge involving

the same factual circumstances involved in the allegations of student abuse.

Indicated report for a school employe—A report of student abuse if an

investigation by the county agency determines that substantial evidence of seri-

ous bodily injury or sexual abuse or exploitation exists based on one or more

of the following:

(i) Available medical evidence.

(ii) The county agency’s investigation.

(iii) An admission of causing serious bodily injury to a student or sexu-

ally abusing or exploiting a student by the school employe.

School—All schools including public and nonpublic schools as defined in the

Public School Code of 1949 (24 P. S. §§ 1-101—27-2702) and private aca-

demic schools as defined in 22 Pa. Code Part II (relating to State Board of Pri-

vate Academic Schools) as follows:

(i) Public—School districts, intermediate units, area vocational-

technical schools, charter and regional charter school.

(ii) Registered—Nonpublic (religiously affiliated schools).

(iii) Licensed—Private academic schools that are licensed by the Depart-

ment of Education (including residential facilities that hire their own staff to

teach residents of the facility).

(iv) Accredited—Accredited by an accreditation association or organiza-

tion.

(v) State-owned—Scotland School and Scranton School for the Deaf.

School employe—A person employed by or under contract with a school.

Student—An individual enrolled in a school who is under 18 years of age.

Student abuse—One or more of the following:

(i) Serious bodily injury.

(ii) Sexual abuse or exploitation when committed by a school employe

against a student.

Subjects of a report—The child, parent, guardian or other person responsible

for the welfare of the child and the school employe named in a report of sus-

pected student abuse.

Unfounded report for a school employe—A report of student abuse unless the

report is a founded report for a school employe or an indicated report for a

school employe.

3490-64

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.151

SCHOOL RESPONSIBILITIES

§ 3490.151. Required reporting.

(a) A school employe who has reasonable cause to suspect, on the basis of

professional or other training and experience, that a student coming before the

school employe in the employe’s professional or official capacity is a victim of

serious bodily injury or sexual abuse or exploitation by another school employe,

shall immediately notify the administrator of the alleged abuse or injury.

(b) When a school employe learns of suspected student abuse from another

person, the school employe shall notify the administrator of the alleged student

abuse if the school employe has reasonable cause to suspect, on the basis of pro-

fessional or other training and experience, that the student is a victim of serious

bodily injury or sexual abuse or exploitation by a school employe.

the administrator shall make a report of suspected student abuse as required by

this subchapter.

Cross References

This section cited in 55 Pa. Code § 3490.11 (relating to reporting suspected child abuse); and 55

Pa. Code § 3490.143 (relating to definitions).

§ 3490.152. Responsibilities of administrators and school employes.

(a) An administrator, and in certain cases a school employe, as stated in sub-

section (b), shall report immediately to law enforcement officials and the appro-

priate district attorney a report of abuse or injury alleged to have been committed

by a school employe against a student. If an administrator is the school employe

who suspects injury or abuse, the administrator shall make a report to law

enforcement officials and the appropriate district attorney.

(b) If the administrator is the employe suspected of abusing the student, the

school employe who suspects the abuse shall immediately report that information

to law enforcement officials and the appropriate district attorney.

provided by the Department. Call (717) 783-1964 to obtain a copy of the form—

Report of Suspected Student Abuse (CY 47-D).

Cross References

This section cited in 55 Pa. Code § 3490.11 (relating to reporting suspected child abuse); and 55

Pa. Code § 3490.143 (relating to definitions).

§ 3490.153. Information provided to the district attorney and law

enforcement officials.

The school official shall provide the following information to the district attor-

ney and law enforcement officials on a form provided by the Department:

(1) The name, age and home address of the student.

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55 § 3490.154 CHILDREN, YOUTH AND FAMILIES Pt. V

(2) The name and address of the school.

(3) The name and address of the student’s parents or guardians.

(4) The name and address of the administrator or school employe who

made the report.

(5) The name, work and home address of the school employe suspected of

abusing the student.

(6) The nature of the alleged offense.

(7) Specific comments or observations that are directly related to the

alleged incident and the individuals involved.

Cross References

This section cited in 55 Pa. Code § 3490.143 (relating to definitions).

§ 3490.154. Release of information by a school employe including an

administrator.

(a) Information in a student abuse report is confidential and may only be

released by a school employe who made a report of suspected student abuse to:

(1) The administrator.

(2) A law enforcement official in the course of investigating the allegation

of suspected student abuse.

(b) This section applies to an administrator when the administrator made the

report of suspected student abuse.

Cross References

This section cited in 55 Pa. Code § 3490.143 (relating to definitions).

LAW ENFORCEMENT RESPONSIBILITIES

§ 3490.161. Responsibilities of law enforcement officials.

(a) Law enforcement officials, in cooperation with the district attorney, shall

accept the report of suspected student abuse for investigation and determine what

criminal charges, if any, will be filed against the school employe.

(b) Law enforcement officials shall notify the county agency in the county

where the alleged student abuse occurred when law enforcement officials have

reasonable cause to suspect, on the basis of their initial review, that there is evi-

dence of suspected student abuse.

Cross References

This section cited in 55 Pa. Code § 3490.143 (relating to definitions).

3490-66

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.171

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 guard-

ian.

(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, par-

ents, guardians, school officials or other persons, including the taking of pho-

tographs, medical tests and X-rays.

the child, any witnesses to the abuse and the school employe suspected of caus-

ing 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.

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55 § 3490.172 CHILDREN, YOUTH AND FAMILIES Pt. V

(f) The county agency shall submit a new Child Protective Service Investi-

gation Report form to ChildLine as required in subsection (e) when a final status

determination is made.

Cross References

This section cited in 55 Pa. Code § 3490.143 (relating to definitions).

§ 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.

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 stu-

dent, 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 inves-

tigation.

Cross References

This section cited in 55 Pa. Code § 3490.143 (relating to definitions).

§ 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 amend-

ment 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.

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.174

(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 employ-

ment in a child care service or as a school employe.

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 determi-

nation 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 admin-

istrator 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.

Cross References

This section cited in 55 Pa. Code § 3490.143 (relating to definitions).

§ 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.

Cross References

This section cited in 55 Pa. Code § 3490.143 (relating to definitions).

§ 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 posses-

sion in unfounded, indicated and founded reports of student abuse upon notifica-

tion from ChildLine.

Cross References

This section cited in 55 Pa. Code § 3490.143 (relating to definitions).

DEPARTMENTAL RESPONSIBILITIES

§ 3490.181. Agents of the county agency.

The regional staff of the Department shall investigate reports of suspected stu-

dent abuse when the person alleged to have abused the student is an agent of the

county agency.

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55 § 3490.182 CHILDREN, YOUTH AND FAMILIES Pt. V

Cross References

This section cited in 55 Pa. Code § 3490.143 (relating to definitions).

§ 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.

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.191

(3) The file of unfounded reports awaiting expunction which contains the

same information that is in the Statewide Central Register.

Cross References

This section cited in 55 Pa. Code § 3490.143 (relating to definitions).

GENERAL REQUIREMENTS FOR STUDENT ABUSE

§ 3490.191. Request from a school employe to amend or expunge an indi-

cated 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 notify-

ing 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.

Cross References

This section cited in 55 Pa. Code § 3490.143 (relating to definitions).

§ 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 indi-

cated 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.

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 accor-

dance with the time limits specified in § 275.4(b) and (e)(1), (3) and (5) (relat-

ing to procedures).

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55 § 3490.193 CHILDREN, YOUTH AND FAMILIES Pt. V

(g) The burden of proof in hearings held under this section is on the appro-

priate 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 circum-

stances.

Cross References

This section cited in 55 Pa. Code § 3490.143 (relating to definitions).

§ 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

(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).

Cross References

This section cited in 55 Pa. Code § 3490.143 (relating to definitions).

3490-72

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.201

Subchapter C. GENERAL PROTECTIVE SERVICES

INTRODUCTION

Sec.

3490.201. [Reserved].

3490.202. [Reserved].

3490.203—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 gen-

eral 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.

Cross References

This subchapter cited in 55 Pa. Code § 3490.321 (relating to standards for risk assessment).

INTRODUCTION

§ 3490.201. [Reserved].

Source

The provisions of this § 3490.201 adopted July 28, 1989, effective immediately, 19 Pa.B. 3177;

reserved July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at

serial page (211753).

3490-73

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55 § 3490.202 CHILDREN, YOUTH AND FAMILIES Pt. V

§ 3490.202. [Reserved].

Source

The provisions of this § 3490.202 adopted July 28, 1989, effective immediately and applies retro-

actively to July 1, 1989, 19 Pa.B. 3177; reserved July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.

Immediately preceding text appears at serial page (211753).

§ 3490.203—3490.210. [Reserved].

Source

The provisions of these §§ 3490.203—3490.210 adopted July 28, 1989, effective immediately, 19

Pa.B. 3177; reserved July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text

appears at serial pages (211753) to (211754).

INTRODUCTION

§ 3490.221. Applicability.

This subchapter applies to the Department and county children and youth social

service agencies.

Source

The provisions of this § 3490.221 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.

§ 3490.222. Purposes.

The purposes 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.

Source

The provisions of this § 3490.222 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.

§ 3490.223. Definitions.

In addition to the definitions in § 3490.4 (relating to definitions), the follow-

ing 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 super-

vision of the child.

General protective services—Services to prevent the potential for harm to a

child who meets one of the following conditions:

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.231

(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 sub-

ject to compulsory school attendance.

(vi) Has committed a specific act of habitual disobedience of the reason-

able and lawful commands of his parent, guardian or other custodian and

who is ungovernable and found to be in need of care, treatment or supervi-

sion.

(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 ungov-

ernable in subparagraph (vi).

Parent—A biological parent, adoptive parent, legal guardian or primary per-

son 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.

Source

The provisions of this § 3490.223 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.

COUNTY RESPONSIBILITIES

§ 3490.231. Functions of the county agency for general protective ser-

vices.

Each county agency is responsible for administering a program of general pro-

tective services to children that is consistent with the agency’s objectives to:

(1) Keep children safely in their own homes, whenever possible.

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55 § 3490.232 CHILDREN, YOUTH AND FAMILIES Pt. V

(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 fam-

ily, 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.

Source

The provisions of this § 3490.231 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.

§ 3490.232. Receiving reports and assessing the need for services.

(a) The county agency shall be the sole civil agency responsible for receiv-

ing and assessing all reports alleging a need for general protective services.

Nothing in this subchapter limits section 6304 or 6334 of the Juvenile Act (relat-

ing to powers and duties of probation officers; and petition).

(b) The county agency shall provide 24-hours-per-day/7-day-per-week tele-

phone access to receive reports alleging a need for general protective services.

tive 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 standards for

risk assessment) 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 com-

plete the assessment and insure the safety of the child. There shall be a least one

home visit.

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.233

(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 gen-

eral 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.

Source

The provisions of this § 3490.232 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.

§ 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.

Source

The provisions of this § 3490.233 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.

§ 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 noti-

fication shall be made verbally at the time of the initial interview.

(b) The county agency shall provide written notice to the parents and the pri-

mary 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.

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55 § 3490.235 CHILDREN, YOUTH AND FAMILIES Pt. V

(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.

Source

The provisions of this § 3490.234 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.

§ 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.

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 pro-

vision 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.

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.236

(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 pro-

tective 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.

Source

The provisions of this § 3490.235 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.

§ 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.

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55 § 3490.241 CHILDREN, YOUTH AND FAMILIES Pt. V

(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.

Source

The provisions of this § 3490.236 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.

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).

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 agen-

cy’s decision denying the request.

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.242

(e) If a hearing is requested, the Bureau of Hearings and Appeals will sched-

ule 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 Hear-

ings 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.

§ 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 pro-

tective services analogous to those services performed by county agencies or

the Department in the course of the official’s duties.

Source

The provisions of this § 3490.242 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.

Subchapter D. GENERAL REQUIREMENTS FOR CHILD

PROTECTIVE SERVICES AND GENERAL PROTECTIVE SERVICES

INTRODUCTION

Sec.

3490.301. Applicability.

3490.302. Purpose.

3490.303. Definitions.

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55 CHILDREN, YOUTH AND FAMILIES Pt. V

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.

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.301

LAW ENFORCEMENT OFFICIALS

3490.381. Law enforcement assistance.

ANNUAL PLAN

3490.391. County agency plan.

TRANSFER OF CASES

3490.401. Intercounty transfer of cases.

Source

The provisions of this Subchapter D adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513,

unless otherwise noted.

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 follow-

ing 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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55 § 3490.311 CHILDREN, YOUTH AND FAMILIES Pt. V

STAFF ORIENTATION, TRAINING AND CERTIFICATION

REQUIREMENTS

§ 3490.311. Establishment of a staff development process.

(a) In fulfillment of the requirements of section 6383 of the CPSL (relating

to education and training), the Department will implement an initial and ongoing

training program for direct service workers and supervisors in county agencies.

(b) To implement the training program, the Department will establish a steer-

ing committee cochaired by a representative from the Department and a represen-

tative from the Pennsylvania Children and Youth Administrators, Inc.

for the establishment and implementation of policies and procedures relating to

staff orientation, training and certification as required by the CPSL and this chap-

ter and provide recommendations for overall staff development designed to

improve the competency of the direct service workers and supervisors in county

agencies.

(d) The steering committee shall include among its functions the evaluation

of program effectiveness tested against measurable outcomes.

§ 3490.312. Training program requirements for direct service workers.

(a) The county agency shall establish and implement policies for orientation

of direct service workers.

(b) The county agency shall establish and implement written policies on the

assignment of cases to new staff and staff reassigned as direct service workers,

including the criteria used to determine when a worker is prepared to assume

responsibility for a full caseload.

and resource manual. A county agency may implement its own process or manual

provided it addresses the objectives of the manual provided through the training

program and is approved by the Department.

(d) The Department, with consultation from its steering committee, will

establish standards, a process and a program for county agencies relating to the

initial and ongoing certification of direct service workers including the following

requirements:

(1) Direct service workers include the persons providing direct services to

children and families and case management functions on a full-time or part-

time basis.

(2) Direct service workers hired on or after July 1, 1996, shall be certified

under the established standards within 18 months of their date of employment.

(3) Direct service workers who are not in a permanent employment status

as of July 1, 1996, shall be certified by December 31, 1997.

(4) Permanent direct service workers hired prior to July 1, 1996, are certi-

fied.

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.312

(5) Direct service workers hired after June 30, 1996, who are in the pro-

cess of achieving initial certification may be assigned a caseload, up to the

caseworker-to-family ratio of the county agency, based on the worker’s ability

to handle job duties as determined by the written policy of the county agency.

(6) Initial certification of direct service workers shall include the following

components:

(i) A minimum of 120 hours of CORE training.

(A) The content of CORE training shall be determined by the Depart-

ment in consultation with the steering committee.

(B) The content of CORE training shall be subject to periodic review

by the Department and the steering committee for continued relevancy.

Department to the county agencies and direct service workers through a

Departmental bulletin.

(D) Upon request by a county agency and approval by the Department,

a county agency may provide the CORE training developed by the train-

ing program to its direct service workers.

(E) The county agency shall maintain a record of CORE training com-

pleted for certification in the employe’s personnel file.

(ii) A decision by the employing county agency that the worker is cer-

tified.

(A) The decision shall be based on an assessment of the worker’s abil-

ity to apply the principles, concepts and content of CORE training, the

supervisors’ orientation, training and resource manual or its equivalent and

other learning opportunities to on-the-job situations. The assessment shall

conclude with a decision of whether or not the worker is certified.

(B) The assessment shall be in writing and reviewed with the employe.

The employe shall be given a copy of the assessment. A copy of the

assessment shall be maintained in the employe’s personnel file.

(7) The county agency shall determine the county agency’s training year.

(8) Ongoing certification of direct service workers, shall include the fol-

lowing:

(i) Documentation of completion of a minimum of 20 hours of training

annually. For direct service workers who complete the CORE training during

the county agency’s training year, the county agency shall prorate the num-

ber of required training hours that a direct service worker shall take in the

county agency’s training year schedule.

(A) Training content shall be based on the annual administration of an

assessment of individual training needs and the development of an indi-

vidual training plan.

(B) Ongoing training, as identified in the individual training plan, may

be obtained through the training program, provided by a county agency or

obtained through another provider.

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55 § 3490.313 CHILDREN, YOUTH AND FAMILIES Pt. V

(ii) Courses from an accredited school of social work which are suc-

cessfully completed by a direct service worker shall be acceptable in meet-

ing the ongoing certification requirements.

(iii) The county agency shall maintain a record of training required for

ongoing certification, including the needs assessment, training plan and

courses attended in the employe’s personnel file.

(iv) The date of initial certification for grandfathered workers is June 30,

1996.

(9) The county agency shall provide its direct service workers the oppor-

tunity to obtain initial and ongoing certification status.

(10) The county agency may not allow an employe who fails to achieve or

maintain certified status to perform direct service duties.

§ 3490.313. Direct service worker certification requirements for supervi-

sors who supervise direct service workers.

(a) Supervisors who supervise direct service workers shall be certified as a

direct service worker.

(1) Supervisors with permanent status on June 30, 1996, and who supervise

direct service workers are grandfathered as certified direct service workers.

(2) Supervisors hired, transferred or promoted after June 30, 1996, who are

not certified, shall meet the certification requirements in the training program

requirements for direct service workers within 12 months of employment or

transfer.

(b) Supervisors who supervise direct service workers who fail to meet the

requirement of subsection (a) may not be permitted by the county agency to

supervise direct service workers.

§ 3490.314. Training and certification requirements for supervisors who

supervise direct service workers.

Persons employed, hired, transferred or promoted to supervise direct service

workers on or after October 1, 1998, shall complete a supervisor’s training pro-

gram approved by the Department in consultation with the steering committee.

RISK ASSESSMENT

§ 3490.321. Standards for risk assessment.

(a) The standards established for risk assessment shall include the following:

(1) A statement of purpose for the process.

(2) The core set of factors against which risk shall be assessed.

(3) The application of the process, including the points at which the pro-

cess shall be applied and the periodicity of application.

(4) The recordkeeping requirements.

(5) The process for State approval.

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.321

(b) The Department and counties will review the implementation of the risk

assessment process on an ongoing basis to ensure that the standards established

are consistent with good practice and the results of research.

model developed by the Department in consultation with the Risk Assessment

Task Force.

(d) The county agency shall apply the State-approved risk assessment process

established under this section in performing the duties under Subchapters A and

C (relating to child protective services; and general protective services).

(e) The factors which shall be assessed by the county agency include the fol-

lowing:

(1) The characteristics of the environment in which the child abuse

occurred including the history of prior abuse and neglect.

(2) The characteristics of the parent, caregiver, household member, primary

person responsible for the welfare of a child and perpetrator including history

of drug and alcohol abuse.

(3) The characteristics of the family including the history of family vio-

lence.

(f) The county agency shall rate each factor in subsection (e) and shall pro-

vide documentation in the record to support the identified level of risk and to

assure the child’s safety.

(1) Each factor shall be rated using one of the following designations:

(i) No risk.

(ii) Low risk.

(iii) Moderate risk.

(iv) High risk.

(2) If a county agency is unable to assess the risk of a specific factor listed

in subsection (e), the county agency shall indicate the reasons in the record.

(g) At the time of the report of suspected child abuse or allegations of chil-

dren in need of general protective services, the county agency shall make an ini-

tial determination of the risk to the child.

(1) The county agency need not complete the risk assessment process if

after one contact with the family the report is determined to be without any

merit.

(2) The county agency shall document evidence which supports this find-

ing in the record.

(h) Periodic assessments of risk shall be completed by the county agency as

follows:

(1) At the conclusion of the intake investigation which may not exceed

60-calendar days.

(2) Every 6 months in conjunction with the family service plan or judicial

review unless one of the following applies:

(i) The risk to the child remains low or no risk.

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55 § 3490.322 CHILDREN, YOUTH AND FAMILIES Pt. V

(ii) The child has been placed out of the home for more than 6 months

and there are no other children in the home.

(3) Thirty-calendar days before and after the child is returned to the family

home unless one of the following applies:

(i) The risk to the child remains low or no risk.

(ii) The child’s return home was not anticipated by the county agency.

A risk assessment for these cases shall be completed within 2 weeks of the

child’s return to the home.

(4) Thirty-calendar days prior to case closure.

(i) The county agency shall conduct a risk assessment as often as necessary

to assure the child’s safety.

(j) The county agency shall assess the safety and risk of the child when the

circumstances change within the child’s environment at times other than required

under this section.

Cross References

This section cited in 55 Pa. Code § 3490.232 (relating to receiving reports and assessing the need

for services).

§ 3490.322. County agency compliance with risk assessment standards.

(a) Each county agency shall implement a State-approved risk assessment

process in performance of its duties under sections 6362 and 6375 of the CPSL

(relating to responsibilities of county agency for child protective services; and

county agency requirements for general protective services) and this chapter.

(b) Each county agency shall implement the State-approved risk assessment

process approved by the Department on July 1, 1997.

which supports its overall decision making process for, and approach to, protec-

tive services.

(d) The county agency in developing and implementing the family service

plan and placement amendment as required by Chapter 3130 (relating to admin-

istration of county children and youth social service programs) shall assure that

the level of activity, in person contacts with the child, oversight, supervision and

services for the child and family are consistent with the level of risk as deter-

mined by the county agency.

ANNUAL REPORT

§ 3490.331. Annual report on required activities.

(a) The Department will report annually to the Governor and General Assem-

bly on the activities of this chapter, including the operations of the Statewide

Central Register and the protective services provided by the county agencies. The

report shall contain a statistical analysis of the following:

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.341

(1) The reports of suspected child abuse received by the Department.

(2) The reports of suspected student abuse received by the Department.

(3) The results of requests for child care clearances received by the Depart-

ment.

(4) The costs to implement the law.

(5) An evaluation of services offered in response to the CPSL.

(6) The protective service referrals received and accepted by county agen-

cies.

(7) The children over whom the county agencies maintain continuing

supervision.

(8) The protective service cases closed by county agencies.

(9) The services provided to children and their families.

(10) Recommendations for legislative changes and the estimated increase or

decrease in cost.

(b) The data required in subsection (a)(6)—(9) shall be submitted by the

county agencies through the Children and Youth Quarterly Aggregate Reporting

System on form CY-28 until the Department has implemented the child specific

Adoption and Foster Care Analysis and Reporting System which will include

information on protective services.

STAFF RATIOS

§ 3490.341. Staff-to-family ratios.

A county agency shall have sufficient, qualified staff and be organized to per-

form the functions required by the CPSL and this chapter. Staff-to-family ratios

for protective service workers shall be in accordance with §§ 3130.32 and

3140.17 (relating to staffing requirements; and review of county plans and bud-

gets).

FAILURE TO COOPERATE

§ 3490.351. Willful failure to cooperate.

An agency, school district or facility, or a person acting on behalf of an agency,

school district or facility, that violates this chapter by willfully failing to cooper-

ate with the Department or a county agency when investigating a report of sus-

pected child abuse, suspected student abuse or suspected neglect commits a sum-

mary offense for a first violation and a misdemeanor of the third degree for

subsequent violations under section 6346 of the CPSL (relating to cooperation of

other agencies).

3490-89

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55 § 3490.361 CHILDREN, YOUTH AND FAMILIES Pt. V

STANDARDS FOR STAFF

§ 3490.361. Requirements for agencies providing protective services.

The county agency shall arrange for or provide protective services for children

and their families only through agencies that comply with §§ 3130.21, 3130.39

and 3130.40 (relating to responsibilities of county executive officers; services and

facilities which may be used; and delivery of services through other service pro-

viders).

Cross References

This section cited in 55 Pa. Code § 3490.362 (relating to licensure requirements for persons pro-

viding services arranged or provided by the county agency).

§ 3490.362. Licensure requirements for persons providing services

arranged or provided by the county agency.

The county agency shall arrange for or provide services from persons who are

not affiliated with an agency under § 3490.361 (relating to requirements for

agencies providing protective services) only if the person possesses a valid

license issued by the Department of State, if the profession is subject to manda-

tory licensure.

ATTORNEY FOR THE COUNTY AGENCY

§ 3490.371. Availability of an attorney for the county agency.

The county agency shall retain or ensure the availability of an attorney for

consultation with and representation of the county agency in fulfilling its respon-

sibilities under the CPSL and this chapter.

LAW ENFORCEMENT OFFICIALS

§ 3490.381. Law enforcement assistance.

A county agency staff member may request a law enforcement officer to be

present at any time during the course of fulfilling the county agency staff person’s

responsibilities under the CPSL and this chapter without violating the confiden-

tiality provisions of the CPSL or this chapter when the worker fears for his own

safety or the safety of anyone else involved.

ANNUAL PLAN

§ 3490.391. County agency plan.

The county agency shall comply with Chapter 3140 (relating to planning and

financial reimbursement requirements for county children and youth social ser-

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Ch. 3490 PROTECTIVE SERVICES 55 § 3490.401

vice programs) regarding the development and submission of a plan for the pro-

vision of protective services required by the CPSL and this chapter.

TRANSFER OF CASES

§ 3490.401. Intercounty transfer of cases.

(a) County agencies shall share that information which will assist them in

protecting children.

(b) When a report of suspected child abuse is under investigation, a report is

being assessed to determine the need for general protective services or when a

case has been accepted for protective services and the family moves to another

county, and the address is known, the county agency shall:

(1) Immediately telephone the receiving county agency and tell them:

(i) The name and address of the child and parents.

(ii) The reason for agency involvement.

(iii) The status of the case.

(iv) The services that were being provided.

(v) The level of risk assigned to the case.

(vi) Other information that would assist the receiving agency.

(2) Within 24 hours of the phone call, send a fax to the receiving agency

to confirm the referral. The faxed information shall contain:

(i) The name and address of the child and parents.

(ii) The level of risk assigned to the case.

(iii) The status of the case.

vices are necessary to protect the child from abuse or neglect.

(d) When the case is a high risk case, the receiving county agency shall reas-

sess the risk of abuse or neglect to the child and see the child within 24 hours of

receiving the telephone referral. The county agency worker shall see the child at

the child’s new address.

(e) The receiving agency shall notify the referring agency of the status of the

referral upon completing the investigation or assessment.

(f) Regardless of whether or not the address of the child and family is

known, within 72 hours of the telephone referral, the referring agency shall fax

or send by overnight mail to the receiving agency the following:

(1) The family demographics.

(2) The current family service plan and placement amendment.

(3) The current risk assessment matrix and summary.

(4) Court petitions and court orders.

(5) A social summary, when available.

(6) A copy of the CY-48 and other relevant ChildLine forms.

(7) Other information that would assist the receiving agency in providing

services to the child and parents.

3490-91

(288017) No. 332 Jul. 02

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55 § 3490.401 CHILDREN, YOUTH AND FAMILIES Pt. V

(g) When a report of suspected child abuse or neglect is under investigation

or assessment or when a case has been accepted for protective services and the

family moves to another county, and the county where the child has moved to is

known but not the street address, the referring county agency shall telephone the

receiving county and give it the names and dates of birth of the child and par-

ents.

(h) The referring and receiving agency shall make reasonable efforts to locate

the family, including as appropriate, based on the age of the child and other cir-

cumstances, by contacting the following:

(1) Post office of the last known address.

(2) School.

(3) Health professionals and health agencies.

(4) Domestic relations office.

(5) Parent locator services.

(6) Law enforcement official.

(7) County assistance office.

(8) Known relatives.

(9) Known neighbors.

(i) The referring and receiving county shall document their efforts to locate

the child and family.

(j) The receiving county shall notify the referring county:

(1) Within 10 days of locating the child and family, when found.

(2) When the county has exhausted all reasonable efforts to locate the

family.

Notes of Decisions

Record of Proceedings

Where a mother claimed that it was an abuse of discretion not to transfer her child’s case to the

children and youth services of the county to which the mother moved, the appellate court was unable

to properly review the appeal in the absence of a transcript of the proceedings. Therefore, the matter

was remanded for an evidentiary hearing to construct a record for appellate review. In the Interest of

J.H. , 788 A.2d 1006 (Pa. Super. 2001).

[Next page is 3500-1.]

3490-92

What Every Parent Should Know About Child Protection Services

Wednesday, January 2, 2013

CHAPTER 3490. PROTECTIVE SERVICES

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