(4)The regional office of the Department that is responsible to license, register or approve the child care service or facility. 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. (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. What Happens if You Do Not Pay Child Support in Texas? West Virginia uses the Safety Assessment Management System (SAMS). (3)The alleged perpetrator of the suspected child abuse. In most cases where the childs safety is at risk, the CPS investigator will ask the parents to sign a safety plan, which is a written agreement between the agency and the childs parents that provides a short-term solution to address specific concerns related to child safety. (3)Is employed for not more than 90-calendar days. 3513. Services are not needed or have been declined. The provisions of this 3490.3 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. Status determinationThe decision made by the county agency that a child abuse or student abuse report is founded, indicated, unfounded, pending juvenile court action or pending criminal court action. (e)The county agency shall provide the notification required under subsection (d) when it notifies ChildLine of the status of the report. LD CPS employees, within 45 days from the date the allegations were reported. What Now? (b)In the course of causing an investigation to be made under 23 Pa.C.S. (7)Indecent exposure as defined by section 3127 (relating to indecent exposure). Let us help you ensure that you are being treated fairly and your rights are being protected. (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. Depending on the safety risks, DSS may petition the court to remove the children or request that safety plans be put in place to ensure that the child is not exposed to any further maltreatment. (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 indicated report of student abuse. The hotline offers crisis intervention, information, and referrals to thousands of emergency, social service, and support resources. Please list any special contact instructions. 3513. Immediately preceding text appears at serial page (211725). If the child is not in imminent danger yet there are signs of abuse or neglect, CYS may go to court to obtain an order to remove the child from the home as soon as possible. Founded reports are kept by local social services departments and the Virginia Department of Social Services Central Registry of Founded Child Abuse and Neglect for 3 to 18 years depending upon the severity of the incident. Prior to expunging the report, ChildLine shall verify with the county agency that the report was not completed within 60-calendar days. The Family Functioning Assessment is designed to collect enough in-depth information about the child and family to make decisions and take any actions CPS determines necessary. Immediately preceding text appears at serial page (229424). How long does a CPS investigation last? (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 following: (i)Homicide, sexual abuse or exploitation, or serious bodily injury, perpetrated by persons whether or not related to the victim. (4)Involve law enforcement agencies in responding to child abuse. What Is Considered Child Abuse in North Carolina? (5)Does not jeopardize receipt of Federal moneys. RCW 74.14B.010 Children's services workers Hiring and training, Child Custody Transfer DCYF 10-157 (located in the Forms repository on the DCYF intranet), False Reporting Letter DCYF 09-070 (located in the Forms repository on the DCYF intranet), Safety Assessment/Safety Plan DCYF 15-258, Washington State Unregulated Child Custody Report for the United States Department of State DCYF 09-035 form (located in the Forms repository on the DCYF intranet), Child Abuse and Neglect Medical Consultation (Med-Con), Child Protective Services (CPS) Initial Face-To-Face (IFF) Response policy, Conversation Guide: Talking with parents About Early Learning and Family Support Programs publication, Conversation Guide: Early Learning Programs in Washington publication, CPS Investigative Findings Notification policy, Guidelines for Reasonable Efforts to Locate Children and/or Parents DCYF 02-607 (located in the Forms repository on the DCYF intranet), Health and Safety Visits with Children and Youth and Monthly Visits with Parents and Caregivers policy, Indian Child Welfare Chapter 1 Initial Intake Indian Child Welfare (ICW) policies, Infant Safety Education and Intervention policy, Interviewing a Victim or Identified Child policy, LD CPS Use of Safety Assessment and Safety Planning Tools policy, Mandated Reports to Law Enforcement policy, Structured Decision Making Risk Assessment (SDMRA) policy, Understanding the Dependency Process - brochureDCYF 22-1499, Unregulated Child Custody Transfers Facts and Responsibilities Sheet (located on the CA intranet in the CPS/Intake section), Using Child Safety as the Basis for Case Closing - article, Voluntary Placement Agreements (VPA) policy, Wraparound with Intensive Services (WISe) policy, Child Protection Medical Consultation Network, County Child Abuse, Fatality and Criminal Investigations Protocols, Guidelines for Reasonable Efforts to Locate Children or Parents, Investigating Abuse and Neglect in State-Regulated Care Handbook, The Handbook Investigating Abuse and Neglect in State-Regulated Care, 2331. Immediately preceding text appears at serial page (229425). 1996), appeal denied, 690 A.2d 1165 (Pa. 1997). Prospective workfare participants are exempt from payment of the fee. (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). 3513. Findings can be delayed for legitimate reasons. Immediately preceding text appears at serial page (211724). Immediately preceding text appears at serial pages (211739) to (211740) and (229421). Referrals may be made to community resources, if necessary. (8)That the agency has, will or may make a report to law enforcement officials. Case evaluation may occur more often, as needed. Not approved, return case to caseworkers for continued work with instructions of what work needs to be completed before resubmitting for transfer or closure. Immediately preceding text appears at serial page (211732). Responsibilities of an applicant, prospective operator or legal entity of a child care service. (9)Prostitution as defined by section 5902 (relating to prostitution and related offenses). (i)Persons who, in the course of their employment, occupation or practice 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 official capacity is a victim of child abuse. When there is a disagreement between supervisors about an intake screening decision or a CPS investigation identified to transfer to Family Voluntary Services (FVS), consult with: For CPS Risk Only screened-in intakes, assign them: To the assigned CPS Family Assessment Response (FAR), CPS Investigation, FVS, or Child and Family Welfare Services (CFWS) caseworker, if the case is already open to that caseworker. (ii)The term includes an individual who transfers from one position as a school employe to another position as a school employe. This subchapter cited in 55 Pa. Code 3490.321 (relating to standards for risk assessment). (c)The written notice required by subsection (b) may be reasonably delayed if notification is likely to threaten the safety of the victim, the safety of a nonperpetrator 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. 3513. LD CPS employees must follow the Investigating Abuse and Neglect in State-Regulated Care Handbook. The county agency shall investigate allegations of abuse of children residing in facilities operated directly by the Department. (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. Accept for serviceThe 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. Therefore, it was error not to expunge petitioners record of indicated child abuse. Dauphin County Social Services for Children and Youth v. Department of Public Welfare, 855 A.2d 159, 163 (Pa. Cmwlth. (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. 6. (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. Immediately preceding text apepars at serial page (211721). 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. (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. The provisions of this 3490.131 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 4547; reserved July 2, 1999, effective July 3, 1999, 29 Pa.B. The maximum penalty for a misdemeanor of the third degree is $2,500 and/or one year in jail; for a misdemeanor of the second . (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 matter involving custody of a child. The Secretary, after ordering a record to be amended or expunged, shall advise ChildLine of the decision. (5)Prioritize the response and services to children most at risk. Immediately preceding text appears at serial pages (211715) to (211718), and (236831) to (236832). (4)Their right to services from the county agency. C. F. v. Department of Public Welfare, 804 A.2d 755 (Pa. Cmwlth. mason high school cincinnati; 1997 usc football roster. 4. If the investigation takes longer than 45 days the agency must promptly notify the family about the extension. 3513. During an Investigation Top In some cases children may be removed from home during an investigation. Immediately preceding text appears at serial pages (211729) to (211731). (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. 3513. (g)A court finding of fact of child abuse is presumptive evidence that the report was substantiated. If CYS shows up at your home and informs you they have received a report of child abuse or neglect, contact an experienced CYS lawyer from Pittsburgh Divorce & Family Law, LLC immediately. 3513. How long can an investigation last? (g)When investigating a report of suspected serious mental injury, sexual abuse or exploitation or serious physical neglect, the county agency shall, whenever appropriate, obtain medical evidence or expert consultation, or both. Immediately preceding text appears at serial pages (211751) to (211752). (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). (c)An applicant shall show the original clearance statement to the administrator and permit a copy to be made. 2286; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. (12)A subject of the report upon written request. (a)Requests for verification received on forms provided by the Department with a check or money order payable to the Department of Human Services in the amount charged by the Department will be processed. (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. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. The provisions of this 3490.125 adopted December 27, 1985, effective January 1, 1986, 15 Pa.B. Is it Time to Reconsider Our Parenting Plan? Map & Directions. (8)Federal auditors, if required for Federal financial participation in funding of agencies, but Federal auditors may not remove identifiable reports or copies of them from the Department or county agencies. TransferA change from one position to another. (b)A waiver may be granted by the Department if the waiver: (1)Does not alter the applicability, scope or purpose of this chapter. Immediately preceding text appears at serial page (211733). The request for verification shall include a check or money order for the fee charged by the Department, payable to the Department of Human Services, which will not exceed $10. Phone: (919) 870-0466 Serving Elkins, Parsons, Davis, Philippi, Belington, Buckhannon, Weston, Clarksburg, Fairmont, Morgantown, Martinsburg, & All of West Virginia, 2021 All Rights Reserved | Privacy Policy, How To Divorce In WV: 6 Simple Steps To Freedom, How Much Child Support Will I Get WV Law. Seek legal authority for the medical examination if parents or guardians do not comply with the request. Immediately preceding text appears at serial page (211752). The law enforcement agency shall, as soon as possible and without jeopardizing the criminal investigation or prosecution, advise the county agency as to whether a criminal investigation has been undertaken and the results of the investigation and of any criminal prosecution in cases of suspected child abuse. 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. The home shall be approved by the county agency for this purpose. In most instances, Child Protective Services has approximately 45 days to investigate reports of neglect, dependency and abuse. (12)The actions taken by the reporting source, including: (i)The taking of photographs and X-rays. (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). Denial of mothers 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. If it cannot make a determination within 30 days, it must document the specific reasons why, and then complete the investigation within 60 days. (E)Staff and volunteers of public and private social service agencies. Individual residing in the same home as the childAn individual who is 14 years of age or older and who resides in the same home as the child. Investigations are not to exceed 90 days unless law enforcement is involved. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Parents Rights in a Pennsylvania CPS Investigation. 3513. After our recent investigation, we were given $500 toward our utility bills! (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. (3)The telephone number of the local county agency. (3)The circumstances under which the report will be expunged. 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. The provisions of this 3490.105 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. The information that is released to the defendant and the district attorney may not contain the identity of the persons who made the report or cooperated in the investigation. (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. Cumberland County Children and Youth Services v. Department of Public Welfare, 611 A.2d 1339 (Pa. Cmwlth. (d)The Department will reply to requests for voluntary certification by providing the following: (1)A copy of the report of criminal history record information from the Pennsylvania State Police. When making a determination, staff should first consider the appropriate category and then determine the appropriate code under the category. (3)A guardian ad litem and court designated advocate for the child. The provisions of this 3490.123 adopted December 27, 1985, effective January 1, 1986, 15 Pa.B. The provisions of this 3490.4 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (a)The county agency shall comply with the Juvenile Act, the CPSL and this chapter when taking a child into custody. Responsibilities of prospective adoptive parents, prospective foster parents, foster family care agencies and adoption investigators. (3)A statistical file which contains copies of reports of suspected, indicated and founded reports of child abuse after information which could directly or indirectly identify a subject of a report has been expunged. 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. changes effective through 52 Pa.B. (ii)Except with respect to confidential communications made to an ordained member of the clergy which are protected under 42 Pa.C.S. 3513. The county agency shall expunge all information in its possession in unfounded, founded and indicated reports of child abuse upon notification from ChildLine. A reporter need not have witnessed a specific injury nor does there have to be an injury for there to be a reason to believe that parental conduct results in a threat of harm to a child which is included in the statutory definitions of an abused and neglected child., Child Protective Services Policy, January 2021. The provisions of this 3490.132 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. (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). 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. Notifying the childs parents, guardians or other custodians. 2286; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Juvenile Act42 Pa.C.S. (2)The reason for taking the child into protective custody. (5)Aggravated indecent assault as defined by section 3125 (relating to aggravated indecent assault). When there is an allegation of sexual abuse that includes physical injury to children or youth or the potential for them to have a sexually transmitted disease. To justify CPS decisions, the CPS caseworker must investigate, describe, document, and report: -Adult Functioning Daily Life Management Skills. Immediately preceding text appears at serial pages (211750) to (211751). Child Protective Services (CPS) How to Report Child Abuse or Neglect. If youve never been involved with CPS you dont know what to expect and it may be difficult not to worry: Waiting during the investigative phase of your case can be extremely stressful and the process seemingly takes forever. (a)The county agency is the sole civil agency responsible for receiving and investigating reports of child abuse except reports of abuse allegedly perpetrated by an agent. Caseworkers and LD CPS investigators must: Contact LE if there is information about a crime that has been committed against a child, youth, or vulnerable adult, or the children or youths welfare is endangered, per the. County planA needs-based plan and budget estimate which serves as the basis for administration of the county children and youth social services program required by Chapter 3140 (relating to planning and financial reimbursement requirements for county children and youth social service programs). If no maltreatment or abuse occurred, the agency will unsubstantiated the report and close the case. Functions of the county agency for child protective services. The provisions of this 3490.57 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 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). Written reports shall be made on forms developed by the Department. In general, when an investigation is opened, CPS must determine whether a child faces immediate or long-term danger in the home. Immediately preceding text appears at serial page (236832). The county agency shall notify those to whom it gave information to take similar action. This information includes: -Domestic Violence History (including power, control, entitlement, and D-LAG indicators), -Household Activity (including people in and out), -Description of Present Dangers (including a description of possible/likely emergency circumstances), -Identification of Protective Adults Who Are or May Be Available, -Name and Contact Information of Parents Who Are Not Subject to the Allegations. This report may come from a mandatory reporter or anyone else who believes a child is being abused or neglected at home, school, day care, or anywhere else the child receives care. (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. (5)The relationship of the perpetrator to the child. (b)A child caretaker requesting voluntary certification who is a resident of this Commonwealth shall obtain a report of criminal history from the Pennsylvania State Police and submit it to the Department with the request for verification on forms provided by the Department. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. (6)A standing committee of the General Assembly, under section 6384 of the CPSL (relating to legislative oversight). (5)The county agency shall provide the requested information and inform the designated county officials that the information may not be released to anyone except those permitted access to this information under 3490.91 and that they are subject to 3490.102 (relating to criminal liability for breach of confidentiality). (3)Determine if services could be provided to the family which would alleviate the conditions necessitating protective custody. 1991). (ii)Suspected child abuse perpetrated by persons who are not family members. 3513. For: CW employees, within 60 days from the date the allegations were reported. (4)Sexual assault as defined by section 3124.1 (relating to sexual assault). (b)The other subjects of the report and the county agency may appeal the Secretarys decision to grant the request to expunge the report. Have been sexually abused and a safety plan cannot be developed to protect them from the subject. (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 submitted a request for a clearance statement and is not disqualified under 3490.132. (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. In addition to other reports they make, required reporters shall report suspected child abuse to ChildLine. (3)The dates and the nature and extent of the child abuse. Immediately preceding text appears at serial page (211715). Immediately preceding text appears at serial page (211735). The provisions of this 3490.54 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (ii)The term includes a babysitter, scout leader or den parent. The reasons for termination of the county agency involvement shall be recorded in the case record. If you are the alleged subject of a report, your county Child Protective Services (CPS) office is required by law to notify . (4)A file of unfounded reports awaiting expunction. Close cases and submit to their supervisor when. How Long Does a CPS Case Last? We are pleased to present a general overview of what a parent can expect when a concerned family member, neighbor, school official, or other individual takes it upon themself to make a report of child abuse or neglect in West Virginia. (4)Does not violate or condone noncompliance with Federal statutes or regulation or State statutes. (iii)Repeated physical injury to a child under circumstances which indicate that the childs health or welfare is harmed or threatened. (d)If an appeal is taken, there is a hearing before the Departments Bureau of Hearings and Appeals. Reports not received within 60-calendar days. (2)The subjects rights under sections 6337 and 6338 of the Juvenile Act (relating to right to counsel; and other basic rights) when a case goes to Juvenile Court. Professional crisis counselors are available 24 hours a day, 7 days a week, in over 170 languages. Direct contact with childrenAccess to children by a paid employe of or person under contract with a child care service who has routine and unsupervised access to children in the course of carrying out the employes responsibilities in a child care service. Investigators usually have 45 days to complete an investigation. CPS must complete the investigation in 30 days. No part of the information on this site may be reproduced for profit or sold for profit. Persons to whom child abuse information shall be made available. It includes: -Reviewing all available information and reports to determine the best course of action, -Developing a plan to privately interview child and secure assistance from law enforcement or any other entity required to help, -Making arrangements for a joint law enforcement/prosecuting attorney/medical examiner investigation as deemed necessary, -Referrals to WV State Police Child Abuse Unit, as deemed necessary. (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. Among those who are mandated reporters: Medical and hospital personnel School officials Social service workers Serious bodily injuryInjury 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. RCW 26.44.100Information about rights Legislative purpose Notification of investigation, report, and findings, RCW 26.44.185 Investigation of child sexual abuse, Revision andexpansion of protocols . (2)Lay off or place the provisional employe on leave with or without pay until the clearances are received. Re-evaluate status of childs previously identified needs, 7. When the agency receives a complaint or report of child abuse or neglect, it assigns a CPS investigator to investigate and find evidence supporting or refuting the allegations. This section cited in 55 Pa. Code 3490.57 (relating to protective custody); and 55 Pa. Code 3490.233 (relating to protective custody).
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