2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 63 - Child Protective Services
6370 - Voluntary or court-ordered services; findings of child abuse.

     § 6370.  Voluntary or court-ordered services; findings of child
                abuse.
        (a)  General rule.--Based on the investigation and evaluation
     conducted pursuant to this chapter, the county agency shall
     provide or contract with private or public agencies for the
     protection of the child at home whenever possible and those
     services necessary for adequate care of the child when placed in
     protective custody. Prior to offering these services to a
     family, the agency shall explain that it has no legal authority
     to compel the family to receive the services but may inform the
     family of the obligations and authority of the county agency to
     initiate appropriate court proceedings.
        (b)  Initiation of court proceeding.--
            (1)  In those cases in which an appropriate offer of
        service is refused and the county agency determines that the
        best interests of the child require court action, the county
        agency shall initiate the appropriate court proceeding. The
        county agency shall assist the court during all stages of the
        court proceeding in accordance with the purposes of this
        chapter.
            (2)  (i)  If the county agency deems it appropriate in a
            dependency or delinquency proceeding, including an
            instance in which the alleged perpetrator has access or
            poses a threat to a child, the county agency may petition
            the court under 42 Pa.C.S. Ch. 63 (relating to juvenile
            matters) for a finding of child abuse.
                (ii)  If the court makes a specific finding that
            child abuse as defined by this chapter has not occurred,
            the county agency shall consider the court's finding to
            be a determination that the report of suspected abuse was
            an unfounded report. The county agency shall immediately
            notify the department of the change in the status of the
            report from an indicated report to an unfounded report.
            Upon notice, the department shall be responsible for
            expunging the indicated report consistent with the
            expunction requirements of this chapter.
                (iii)  If there is a determination that the subjects
            of the unfounded report need services provided or
            arranged by the county agency, the county agency may
            retain those records only if it specifically identifies
            the report as an unfounded report of suspected child
            abuse.
     (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995)

        Cross References.  Section 6370 is referred to in section
     6340 of this title.