pennsylvania cps records request
Clark County Department of Family Services (DFS) CPS records and Agency files are confidential. (g)The burden of proof in hearings held under this section is on the appropriate county agency. No Match Found: "The certificate information entered does not match any records in our Statewide database. Statute Has Priority Over Conflicting Regulation, Where there is a conflict between the statute and a regulation purporting to implement the provisions of that statute, the regulation must give way. Written reports shall be made on forms developed by the Department. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. (c)Except as provided in 3490.134 (relating to information relating to prospective 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. (2)Lay off or place the provisional employe on leave with or without pay until the clearances are received. (e)A request for voluntary certification from the Department may be made no more frequently than every 2 years. 1996), appeal denied, 690 A.2d 1165 (Pa. 1997). The following words and terms, when used in this section and 3490.1223490.127 (relating to verification of the existence of child abuse and student abuse records for child care services) have the following meanings, unless the context clearly indicates otherwise: (4)The nature and extent of the suspected child abuse, including evidence of prior abuse to the child or a sibling. (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. School employe. Immediately preceding text appears at serial pages (211738) to (211739). Records Management Section. (3)The person in charge of the county agency with custody or supervision of the child. Immediately preceding text appears at serial page (211727). 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Services available through the county agency. Immediately preceding text appears at serial pages (229426) to (229427). Immediately preceding text appears at serial page (229425). 3513. Those rights are: (4)The right to obtain a copy of the report from the Statewide Central Register or the county agency. Immediately preceding text appears at serial page (211732). 783-6211 and request a Pennsylvania Child Abuse History Clearance Form. (c)Regional staff shall conduct the investigation regardless of the relationship of the agent to the subject child. (2)There is medical evidence that the child is a victim of alleged child abuse and that the childs physical condition constitutes a medical emergency which requires immediate hospitalization to prevent death or serious physical impairment. Write a letter to DFPS It is a good idea to include a letter with the Request for Case Records (Form 4885-G). No statutes or acts will be found at this website. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. (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. (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. (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. Administrator. (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. Child care service. (c)An applicant shall show the original clearance statement to the administrator and permit a copy to be made. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. (b)The Department will determine in its annual licensing and inspection process 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. Release of information: Statewide Central Register, pending complaint file and file of unfounded reports. A staff member of the Department or county agency who willfully violates the CPSL and this chapter is subject to disciplinary action, including dismissal. 2286; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. Immediately preceding text appears at serial pages (211726) to (211727). Dauphin v. Department of Public Welfare, 855 A.2d 159, 165 note 6 (Pa. Cmwlth. 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). The provisions of this 3490.33 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (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. 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. (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: (3)Indicated, when there is substantial evidence that the child was abused. That person can help you understand what is going on. The information shall be provided only through staff of the county agency or Department who are members of the team. Protective servicesServices and activities provided by the Department and each county agency for children who are abused or in need of general protective services under this chapter. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. (2)It cannot be determined from the report whether or not emergency protective custody is needed. Immediately preceding text appears at serial page (211737). 3513. 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. The county which received the report initially shall notify ChildLine of any change so that ChildLines records are accurate and up-to-date. 3513. Criminal History Background Check - Pennsylvania State Police (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). PA Office of Open Records 3513. The following words and terms, when used in this section and 3490.1323490.136, have the following meanings, unless the context clearly indicates otherwise: (2)The reasons why medical examination or expert consultation, or both, was determined not to be necessary. 3513. (a)When indicated reports of child abuse are entered into the Statewide Central Register, ChildLine will notify all subjects by first class mail, other than the subject child, of: (2)The perpetrators right to request the Secretary to amend or expunge the report. 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. 63016384 (relating to the Child Protective Servicces Law). 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. The provisions of this 3490.122 adopted December 27, 1985, effective January 1, 1986, 15 Pa.B. Hearings and appeals proceedings for reports received by ChildLine prior to July 1, 1995. (4)The regional office of the Department that is responsible to license, register or approve the child care service or facility. 4547; reserved July 2, 1999, effective July 3, 1999, 29 Pa.B. (i)An agent of the county agency includes: (C)Staff and volunteers of public and private residential child care facilities. This Contact List is maintained for the use and benefit of Foster Family Agencies & Foster Family Homes R. M. v. Children & Youth Servs., 686 A.2d 872 (Pa. Cmwlth. (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 required clearances in accordance with section 6344 of the CPSL (relating to information relating to prospective child-care personnel). (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. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. (ii)The term includes independent contractors and their employes. The provisions of this 3490.125 adopted December 27, 1985, effective January 1, 1986, 15 Pa.B. Court designated advocateA trained citizen volunteer appointed by the court to advocate on behalf of dependent children and alleged dependent children involved in juvenile court proceedings. Case records are the property of DHS. (H)A school employe of a facility or agency that is an agent of a county agency. The provisions of this 3490.92 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. Click "Enter This Request.". 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: (ii)Pending juvenile or criminal court action. (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 Commonwealth Court. (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. (3)The telephone number of the local county agency. Immediately preceding text appears at serial pages (211737) to (211738). 1991). (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), formally organized for the purpose of assisting in the investigation of child death or the development and promotion of strategies to prevent child death. (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. 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). In Re Petition to Compel Cooperation, 875 A.2d 365, 374 (Pa. Super. The county agency shall investigate allegations of abuse of children residing in facilities operated directly by the Department. 5943 (relating to confidential communications to clergymen), the privileged communication 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. The provisions of this 3490.102 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. The county agency shall petition the court if one of the following applies: (1)Placement or continued placement of a child is necessary. 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. PDF ADAM WALSH STATE CONTACTS FOR CHILD ABUSE REGISTRIES - Maine Notifying the childs parents, guardians or other custodians. 2019 Citizen Review Panels' Annual Report, 2018 Citizen Review Panels' Annual Report. 4547; reserved July 2, 1999, effective July 3, 1999, 29 Pa.B. 2. Method 1 Requesting Your Own Records 1 Contact the agency that has your file. The person in charge or the designee shall notify the employe when the report was made to ChildLine. (5)The CPSL, 23 Pa.C.S. Child caretaker. The provisions of this 3490.54 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 3 Ways to Obtain CPS Records - wikiHow (i)Any of the following if committed on a child by a perpetrator: (A)The employment, use, persuasion, inducement, enticement or coercion of a child to engage in or assist another person to engage in sexually explicit conduct. The provisions of this 3490.34 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 3513. 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. If you are having difficulty finding information about these reports, The term does not include foster parents, foster children and paramours. (iii)LicensedPrivate academic schools that are licensed by the Department of Education (includes residential facilities that hire their own staff to teach residents of the facility). 3513. (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). The provisions of this 3490.43 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. Our mission is to provide and promote safety, permanency, and well-being for children and youth at risk of abuse, neglect, and delinquency. Legal entityIncludes a society partnership, corporation or another governing authority legally responsible for the administration and operation of a child care service. (2)Ninety calendar days for an out-of-State applicant. An Official Pennsylvania Government Website. 3513. 3 Ways to Obtain CPS Records - wikiHow / pennsylvania cps records request 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. 55 Pa. Code 105.1. 3513. The provisions of this 3490.108 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 4629; amended April 27, 1990, effective April 28, 1990 and apply retroactively to January 5, 1988, 20 Pa.B. (a)An administrator shall require each applicant to submit a clearance statement 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. (iii)Periodically assess the relevance of the treatment and the progress of the family. (c)After ensuring the immediate safety of the child and other children in the home, the county agency shall verbally notify ChildLine of the receipt of the report, if it was not received initially from ChildLine. (11)Designated county officials in reviewing the competence of the county agency or its employes under the CPSL and this chapter. 1989). Request by a perpetrator to amend or expunge an indicated report of child abuse received by ChildLine after June 30, 1995. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. ParentA biological parent, adoptive parent or legal guardian. The provisions of this 3490.66 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 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. (ii)The term includes a person responsible for employment decisions in a school and an independent contractor. (a)A prospective adoptive parent or a prospective foster parent shall submit a request for verification on forms provided by the Department. 155), known as the First Class City Home Rule Act. For questions or issues regarding your Pennsylvania Child Abuse Clearance or your Keystone Login, please call the Department of Human Services at 877-343-0494. (2)The required reporter shall request the information, either verbally or in writing. (iv)Authorized officials or agents of the Department who are conducting a performance audit as authorized under section 6343 of the CPSL (relating to investigating performance of county agency) and this chapter. understand and agree to all information and ramiications of the Pennsylvania Child Abuse History Certiication application . ParamourA 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 childs parent. If a person takes a child into protective custody, the person shall verbally notify the childs parents, guardians or other custodians immediately and in writing within 24 hours, of the following: (1)The childs whereabouts unless prohibited by a court order. (16)A prospective adoptive parent, approved by an adoption agency, when considering adopting an abused child in the custody of a county agency. 3513. ApplicantA 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. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. (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 applicants 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 information relating to prospective child-care personnel) or an equivalent out-of-State crime as determined by the Department. Immediately preceding text appears at serial pages (211736) to (211737). When appropriate, 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 communicate this information to the court. The provisions of this 3490.104 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. (h)If the investigation indicates serious physical injury, a medical examination shall be performed on the subject child by a certified medical practitioner. This information may be released to the required reporter at any time after the report of suspected child abuse has been made. (3)Section 2168 of the County Code (16 P. S. 2168). (ii)Services provided or arranged by the county agency to protect the child from further child abuse. Requests to conduct studies shall be made to the Deputy Secretary, Office of Children, Youth and Families of the Department. Our service provides a means for individuals to apply for PA Child Abuse History Clearance online and for mandated reporters to report child abuse in Pennsylvania. The provisions of this 3490.124 adopted December 27, 1985, effective January 1, 1986, 15 Pa.B. (a)ChildLine shall immediately transmit reports of suspected child abuse verbally to the county agency of the county where the suspected abuse occurred. (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. Immediately preceding text appears at serial page (211738). (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. 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 officials duties, multidisciplinary team members assigned to the case and authorized persons providing services by referral or under section 6364 of the CPSL (relating to purchasing services of other agencies). 3513. (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. Immediately preceding text appears at serial pages (211735) to (211736). This section cited in 55 Pa. Code 3490.39 (relating to expunction from the Statewide Central Register). (e)The county agency shall provide the notification required under subsection (d) when it notifies ChildLine of the status of the report. You must be an adult to request your records. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 2286; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. The provisions of this 3490.72 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 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). Below are steps to requesting your CPS records. (ii)The term includes an individual who transfers from one position as a school employe to another position as a school employe. (c)The county agency shall determine the status of reports of suspected child abuse. (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. PDF Request for Criminal Record Check 1-888-querypa (1-888-783-7972) (iv)AccreditedAccredited by an accreditation association or organization. This section cited in 55 Pa. Code 3490.121 (relating to definitions). Make sure your request for records is specific and concise. (f)A clearance statement is required only prior to the initial hiring of a substitute and remains in effect as long as the substitute continues to be employed by the same school. (c)In the course of approving a prospective foster parent, a foster family care agency shall require a prospective foster parent to submit the information in section 6344 of the CPSL for review by the foster family care agency under subsection (d). 3513. Immediately preceding text appears at serial pages (229422) to (229423). (10)The person making the report and where the person can be reached. Further I understand that if I am listed in the statewide database for child abuse .
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