(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. Although each case is different, one thing remains true: if Child Protective Services (CPS) shows up, whether you believe you are guilty or not, you should NOT speak to them until you have contacted a trusted child abuse defense attorney. 4629; amended April 27, 1990, effective April 28, 1990 and apply retroactively to January 5, 1988, 20 Pa.B. (a)A subject of the report and the appropriate county agency have the right to appeal the Secretarys decision to grant or deny a subjects request to amend or expunge an indicated or founded report by filing an appeal with the Secretary. 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. (2)The person in charge of the agency which placed the child. Immediately preceding text appears at serial page (211726). Immediately preceding text appears at serial page (211732). 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. 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. In proceeding to expunge name of suspected abuser from child abuse registry, hearsay testimony in conjunction with admissible corroborative evidence of the act in question can in toto constitute substantial evidence which will satisfy the agencys burden to justify a conclusion of abuse. Typically an investigation is completed within 30 days. (d)If the county agency concludes that the child is in danger of further child abuse, the county agency shall do the following: (3)Monitor the provision of services, whether provided directly by the county agency or through purchase or agreement. (2)The date of the incidents of indicated or founded reports of child abuse and student abuse in which the person is named. Requests by and referrals to law enforcement officials. The subfile shall be retained indefinitely. Permanent employeA 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). Filing of a written report by a required reporter. (b)Within 72 hours of interviewing the subject, the county agency shall notify the subject in writing of: (1)The existence of the report and type of alleged abuse. (b)The clearance statement under subsection (a) is not required for an applicant 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. 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 OHAs specific findings as to the nature and extent of bodily contact considering height differences of the child and her father. (5)Eyewitnesses to the suspected child abuse. (E)Staff and volunteers of public and private social service agencies. After the initial investigation, CPS will begin the full-on investigation to gather more evidence supporting or refuting the alleged abuse or neglect. (6)Whether the report was a founded or indicated report. (11)A statement of the childs parents regarding the suspected abuse and a statement or admission of abuse by the alleged perpetrator. (8)Incest as defined by section 4302 (relating to incest). 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. 10. (iii)Is employed by a contractor seeking a contract with a child care facility or program. Immediately preceding text appears at serial pages (211749) to (211750). 3513. (2)The administrator has no knowledge of information which would disqualify the applicant under 3490.132. S. T. v. Department of Public Welfare, 681 A.2d 853 (Pa. Cmwlth. v. Department of Public Welfare, 595 A.2d 644 (Pa. Cmwlth. When youve been notified by your local Department of Social Services that youre under investigation for the abuse, neglect or dependency of your child or a child in your care, it is an uncertain and fearful time. 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. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Division determines that a family is in need of services. No statutes or acts will be found at this website. The provisions of this 3490.124 adopted December 27, 1985, effective January 1, 1986, 15 Pa.B. CPS collects demographic information about the family from any available source and opens a file. FVS or FRS when families are participating in services. If the allegations rise to the level of serious neglect, abandonment, and/or abuse, the social worker must begin the investigation within 24 hours of receiving the report. t Prevent future child maltreatment. The provisions of this 3490.55 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. The provisions of this 3490.109 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. One of the most important things to remember is that Child Protective Services investigators are just people doing their jobs. (iii)Repeated physical injury to a child under circumstances that indicate that a childs health or welfare is harmed or threatened. A. Y. v. Department of Public Welfare, 641 A.2d 1148 (Pa. 1994). Immediately preceding text appears at serial page (211750). 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). (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. 3490.19. (ii)Child abuse perpetrated by persons who are not family members. The CPS investigator assigned to your case may come knocking at your door for a home inspection and/or interview with the child to determine if he/she is at immediate risk of harm. S. T. v. Department of Public Welfare, Lackawanna County Office, Children Youth & Family Services, 681 A.2d 853 (Pa. Cmwlth. Child Protective Services is a branch of the Texas Department of Family and Protective Services (DFPS) that handles complaints of child abuse and neglect in Texas. All Rights Reserved. Immediately preceding text appears at serial page (211733). The provisions of this 3490.54 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. If the child is at an immediate risk of harm, the CPS investigator may remove the child from home. This form will be securely sent to our attorneys. (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. Immediately preceding text appears at serial page (236832). (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. 2. Although it depends on the particulars of the case, CPS usually has about 45 days to complete an investigation. (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. What Now? If UNSAFE, a Temporary Protection Plan or Safety Plan may be implemented and a case will be opened for ongoing CPS. Medical evidenceEvidence provided by a licensed health care professional, including a physician, nurse practitioner, registered nurse, psychiatrist or licensed psychologist. Notifications regarding indicated reports. How Long Does a CPS Case Last? SchoolAll schools including public and nonpublic schools as defined in the Public School Code of 1949 (24 P. S. 1-10127-2702) and private academic schools as defined in 22 Pa. Code Part II (relating to State Board of Private Academic Schools), as follows: (i)PublicSchool districts, intermediate units, area vocational-technical schools, charter and regional charter schools. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. (6)The purpose of the law, the implications of the status determination of the report and the services available through the county agency. 281-810-9760. Immediately preceding text appears at serial page (211731). (4)Involve law enforcement agencies in responding to child abuse. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. (9)Prostitution as defined by section 5902 (relating to prostitution and related offenses). Expunction and amendment of report by the county agency. If Child Protective Services launched an initial or full-on investigation into your family after a report of child abuse or neglect, it is in your best interests to contact a knowledgeable CPS attorney to protect your rights.
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