cps investigation timeline pa

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: If a childs injury is nonaccidental, then it is considered child abuse. 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. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. When making a determination, staff should first consider the appropriate category and then determine the appropriate code under the category. The provisions of this 3490.31 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. Formal and informal safety services provided may include: Routine / Emergency Alcohol and Drug Abuse Services, Temporary Protection Plan (Present Danger). Refusal to sign the plan may lead to placing the child in foster care. Documentation of this review shall be in the case record. (i)When conducting its investigation, the county agency shall visit the childs home, at least once during the investigation period. During an Investigation Top In some cases children may be removed from home during an investigation. (b)A waiver may be granted by the Department if the waiver: (1)Does not alter the applicability, scope or purpose of this chapter. (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. PA 211 Terms and Privacy. The provisions of this 3490.122 adopted December 27, 1985, effective January 1, 1986, 15 Pa.B. Immediately preceding text appears at serial pages (211714) to (211715). (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. Ask for the child's medical . Immediately preceding text appears at serial pages (211729) to (211731). The request shall be in writing and postmarked within 45-calendar days of the mailing date of the letter from ChildLine under 3490.40 and 3490.40a (relating to notifications regarding indicated reports; and notifications regarding founded reports). This section cited in 55 Pa. Code 3490.233 (relating to protective custody). (c)If the complaint of suspected abuse is determined to be one which cannot be investigated by the county agency because the person accused of the abuse is not a perpetrator, but does suggest the need for investigation, the county agency shall immediately transmit the information to the appropriate authorities. The following words and terms, when used in this section and 3490.1323490.136, have the following meanings, unless the context clearly indicates otherwise: Child Protective Services Family Assessment Response. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 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. The provisions of this 3490.94 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. When the CPS investigator comes to your home they are likely to do the following: Interview your child and you. (c)If a subject or county agency files an appeal under 3490.105 (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), the subject or county agency has the right to a hearing before the Departments Bureau of Hearings and Appeals. The provisions of this 3490.93 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. Responsibilities of an applicant, prospective operator or legal entity of a child care service. If SAFE, but maltreatment allegations are substantiated, a case will be opened for ongoing CPS. 1996), appeal denied, 690 A.2d 1165 (Pa. 1997). D. N. v. Department of Public Welfare, 562 A.2d 433 (Pa. Cmwlth. Based on the Family Functioning Assessment, Present Danger Assessment, and Impending Threat Assessment (regardless of whether or not abuse or neglect occurred), a determination will be made regarding whether or not the family will have a case opened for ongoing CPS. If it is determined that the child is currently unsafe and the maltreatment allegations are substantiated, the abuse or neglect will be recorded, a Temporary Protection Plan and/or Safety Plan will be put in place, and a case will be opened for Ongoing Child Protective Services. (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. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 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. (c)Notwithstanding subsection (a), nothing in this chapter prohibits an employe who is a required reporter from making a report directly to ChildLine. (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. The county agency shall investigate allegations of abuse of children residing in facilities operated directly by the Department. Living arrangements seriously endanger a childs physical health. The researcher shall secure the concurrence of the appropriate county agency administrator to use the county agency files. This section cited in 55 Pa. Code 3490.67 (relating to written reports to ChildLine). Immediately preceding text appears at serial page (211723). Can My Facebook and Other Social Media Posts Be Used Against Me in Court? (3)The telephone number of the local county agency. The caregivers drug and/or alcohol use is pervasive and threatens child safety. This allows enough time for the caseworker to determine if the child has really been abused or neglected, or if the child is at risk for future abuse or neglect, as well as the overall safety of the child. 3513. (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. (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. (b)Appeals shall be in writing to the Secretary and be postmarked within 45-calendar days from the date of the Secretarys notification letter to either grant or deny the request. (2)The date of birth and sex of the child. 3513. 3490.18. For: CW employees, within 60 days from the date the allegations were reported. (c)A child caretaker requesting voluntary certification who is not a resident of this Commonwealth shall secure a report of criminal history from the Federal Bureau of Investigation under procedures established by the Department on properly prepared forms provided by ChildLine. (ii)Failure to provide essentials of life, including adequate medical and dental care. cps investigation timeline pa (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). Child fatality, child physical abuse, and criminal child neglect cases. (2)The reasons why medical examination or expert consultation, or both, was determined not to be necessary. Prior to face-to-face contact or investigative interviews with children or youth, caseworkers and LD CPS investigators must: Coordinate with local LE per County Child Abuse, Fatality and Criminal Investigations Protocols, when applicable. (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). 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. The Crown Prosecution Service (CPS) prosecutes criminal cases that have been investigated by the police and other investigative organisations in England and Wales. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 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. (H)A school employe of a facility or agency that is an agent of a county agency. The provisions of this 3490.43 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (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). Crimes CodeTitle 18 of the Pennsylvania Consolidated Statutes. Immediately preceding text appears at serial pages (229424) to (229425). Findings can be delayed for legitimate reasons. The goals of both responses are to: t Assess child safety. (d)If an appeal is taken, there is a hearing before the Departments Bureau of Hearings and Appeals. The county agency where the subject is located shall assist in the investigation as required by this section. Child Protective Services (CPS) - Virginia Immediately preceding text appears at serial page (211726). Identified as having withdrawal symptoms resulting from prenatal drug and alcohol exposure. Immediately preceding text appears at serial page (211728). 5 Things You Should Do During a CYS Investigation 3513. An intake assessment must occur within 0-24 hours if the child may be in Present Danger due to specific maltreatment, child, parent, and/or family-related dangers (including multiple injuries, face/head injuries, serious injury, numerous victims, life-threatening living arrangements, unexplained injuries, the bizarre parental viewpoint of child, extended unsupervised periods, a child in need of medical attention, fearful/anxious child, intoxicated, dangerous, or out of control parent unable to provide care, failure to perform parental responsibilities, presence of family violence (D-LAG indicators), and/or a report indicating that the family is transient or may flee/hide the child. When conducting interviews: Caseworkers must notify children or youths parents or guardians: Of any CA/N allegations made against them at the initial point of parent or guardian contact, while maintaining the: Confidentiality of the person making the allegations. 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 administrator. No statutes or acts will be found at this website. Child Protective Services Laws Since 2013, legislation has been enacted, changing the manner in which Pennsylvania responds to child abuse. This section cited in 55 Pa. Code 3490.121 (relating to definitions). 3513. 7. Not approved, return case to caseworkers for continued work with instructions of what work needs to be completed before resubmitting for transfer or closure. To justify CPS decisions, the CPS caseworker must investigate, describe, document, and report: -Adult Functioning Daily Life Management Skills. (6)Reports shall be made verbally under policies and procedures developed in conjunction with the district attorney and other law enforcement officials. The provisions of this 3490.3 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 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. (i)When the Department receives a written request under this paragraph, 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 Supplemental Report (CY-49) on file at ChildLine involving the subject child, the childs siblings and their parents. (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. Immediately preceding text appears at serial page (236833). The Secretary will notify subjects of the report and the appropriate county agency of the decision by first-class mail. 3513. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. The provisions of this 3490.104 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. Contact Isner Law Office today to schedule a consultation. ACS is required to investigate all reports received. Composed by Texas RioGrande Legal Aid Last Updated on January 20, 2023 This overview of the timeline of Child Protective Services involvement was written by Texas RioGrande Legal Aid . 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 sanctions). 3490.19. (a)An applicant or prospective operator of a child care service shall submit a request for verification on forms provided by the Department. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. (c)The county agency shall submit a new CY-48 to ChildLine as required in subsection (a) when a final status determination is made under subsection (b). (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. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 1989); appeal denied 568 A.2d 1250 (Pa. 1989). Immediately preceding text appears at serial page (211728). (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. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. (5)The reasons for suspecting child abuse. v. Children & Youth Services of Delaware County, 686 A.2d 872 (Pa. Cmwlth. 3513. The provisions of this 3490.126 adopted December 27, 1985, effective January 1, 1986, 15 Pa.B. The provisions of this 3490.57 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (a)The Secretary may direct that a performance audit be conducted of any activity related to the implementation of the CPSL and this chapter. Typically an investigation is completed within 30 days. A General Timeline of CPS Action CPS accepts reports of known and suspected child abuse and neglect and intervenes at the homes of these children 24 hours a day, seven days a week. (ii)The term includes a person responsible for employment decisions in a school and an independent contractor. (d)A county agency requesting a waiver shall continue to comply with the requirements of this chapter until a waiver is granted. Being investigated by CPS is a serious matter. 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 recommendations. Expunction from the Statewide Central Register. We can help protect your rights when facing allegations of child abuse, child neglect, child endangerment, and related crimes from Child Protective Services in West Virginia. Immediately preceding text appears at serial page (211724). This section cited in 55 Pa. Code 3490.55 (relating to investigation of reports of suspected child abuse). (f)The Department will process requests for voluntary certification it receives on the forms developed by the Department. (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. Immediately preceding text appears at serial page (211723). 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. (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 date on which the known perpetrator of child abuse is reported to the Departments central register, not when the matter is referred to children and youth services, triggers the 60-day time limit within which the agency must complete its investigation. 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. The provisions of this 3490.55 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (3)The parents, guardians or other custodians, after being advised that the childs physical condition constitutes a medical emergency will make no immediate arrangements for medically adequate alternative treatment. 1996). PhysicianA person licensed under the statutes and regulations of the Commonwealth to practice medicine. (7)Day care provider or school personnel, or both, if appropriate. The reasons for termination of the county agency involvement shall be recorded in the case record. Independent Living Services for Transition-Age Youth, Serves children at risk of neglect or abuse, Children and youth experiencing abuse, neglect, and/or Can You Get a CPS Case Closed Fast? - Findlaw The county agency shall closely monitor the child and shall seek court-ordered medical intervention when the lack of medical or surgical care threatens the childs life or long-term health. 2005). (iv)The location at which the photograph was taken. P. R. v. Department of Public Welfare, 801 A.2d 478 (Pa. 2002). abused, Accepts reports of child abuse/neglect in Westmoreland 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).