2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 63 - Child Protective Services
6343 - Investigating performance of county agency.

     § 6343.  Investigating performance of county agency.
        (a)  General rule.--If, within 30 days from the date of an
     initial report of suspected child abuse, the appropriate county
     agency has not investigated the report and informed the
     department that the report is an indicated report or an
     unfounded report or unless within that same 30-day period the
     report is determined to be a founded report, the department
     shall have the authority to begin an inquiry into the
     performance of the county agency which inquiry may include a
     performance audit of the county agency as provided in subsection
     (b). On the basis of that inquiry, the department shall take
     appropriate action to require that the provisions of this
     chapter be strictly followed, which action may include, without
     limitation, the institution of appropriate legal action and the
     withholding of reimbursement for all or part of the activities
     of the county agency. The department shall determine in its
     review whether the county agency has sufficiently documented
     reasons why the investigation has not been completed in the 30-
     day period.
        (b)  Performance audit.--Notwithstanding any other provision
     of this chapter, the secretary or a designee of the secretary
     may direct, at their discretion, and after reasonable notice to
     the county agency, a performance audit of any activity engaged
     in pursuant to this chapter.
        (c)  Department reviews and reports of child fatalities and
     near fatalities.--
            (1)  The department shall conduct a child fatality and
        near fatality review and provide a written report on any
        child fatality or near fatality, if child abuse is suspected.
        The department shall summarize:
                (i)  the circumstances of the child's fatality or
            near fatality;
                (ii)  the nature and extent of its review;
                (iii)  statutory and regulatory compliance by the
            county agency in the county where:
                    (A)  the fatality or near fatality occurred; and
                    (B)  the child resided within the 16 months
                preceding the fatality or near fatality;
                (iv)  its findings; and
                (v)  recommendations for reducing the likelihood of
            future child fatalities and near fatalities resulting
            from child abuse.
            (2)  The department's child fatality or near fatality
        review shall be commenced immediately upon receipt of a
        report to the department that a child died or nearly died as
        a result of suspected child abuse. The department shall
        provide assistance and relevant information to the child
        fatality or near fatality review team and attempt to
        coordinate its fact-finding efforts and interviews with the
        team to avoid duplication. The department's child fatality or
        near fatality review and report shall be completed as soon as
        possible but no later than six months from receipt of the
        initial report of the child fatality or near fatality.
            (3)  Prior to completing its report, the department may
        release the following information to the public concerning a
        child who died or nearly died as a result of suspected or
        substantiated child abuse:
                (i)  The identity of the child.
                (ii)  If the child was in the custody of a public or
            private agency, the identity of the agency.
                (iii)  The identity of the public or private agency
            under contract with a county agency to provide services
            to the child and the child's family in the child's home
            prior to the child's death or near fatality.
                (iv)  A description of services provided under
            subparagraph (iii).
                (v)  The identity of the county agency that convened
            a child fatality or near fatality review team with
            respect to the child.
            (4)  Upon completion of the review and report, the
        department's child fatality or near fatality report shall be
        made available to the county agency, the child fatality or
        near fatality review team and designated county officials
        under section 6340(a)(11) (relating to release of information
        in confidential reports). The report shall be made available,
        upon request, to other individuals to whom confidential
        reports may be released, as specified by section 6340. The
        department's report shall be made available to the public,
        but identifying information shall be removed from the
        contents of the report except for disclosure of: the identity
        of a deceased child; if the child was in the custody of a
        public or private agency, the identity of the agency; the
        identity of the public or private agency under contract with
        a county agency to provide services to the child and the
        child's family in the child's home prior to the child's death
        or near fatality; and the identity of any county agency that
        convened a child fatality or near fatality review team in
        respect to the child. The report shall not be released to the
        public if the district attorney certifies that release of the
        report may compromise a pending criminal investigation or
        proceeding. Certification by the district attorney shall stay
        the release of the report for a period of 60 days, at which
        time the report shall be released unless a new certification
        is made by the district attorney.
     (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; July 3,
     2008, P.L.276, No.33, eff. 180 days)

        2008 Amendment.  Act 33 added subsec. (c).
        Cross References.  Section 6343 is referred to in sections
     6340, 6368 of this title.