2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 63 - Child Protective Services
6365 - Services for prevention, investigation and treatment of child abuse.

     § 6365.  Services for prevention, investigation and treatment of
                child abuse.
        (a)  Instruction and education.--Each county agency shall
     make available among its services for the prevention and
     treatment of child abuse instruction and education for
     parenthood and parenting skills, protective and preventive
     social counseling, outreach and counseling services to prevent
     newborn abandonment, emergency caretaker services, emergency
     shelter care, emergency medical services and the establishment
     of self-help groups organized for the prevention and treatment
     of child abuse, part-day services, out-of-home placement
     services, therapeutic activities for child and family directed
     at alleviating conditions that present a risk to the safety and
     well-being of a child and any other services required by
     department regulations.
        (b)  Multidisciplinary team.--The county agency shall make
     available among its services a multidisciplinary team for the
     prevention, investigation and treatment of child abuse and shall
     convene the multidisciplinary team at any time, but not less
     than annually:
            (1)  To review substantiated cases of child abuse,
        including responses by the county agency and other agencies
        providing services to the child.
            (2)  Where appropriate to assist in the development of a
        family service plan for the child.
        (c)  Investigative team.--The county agency and the district
     attorney shall develop a protocol for the convening of
     investigative teams for any case of child abuse involving crimes
     against children which are set forth in section 6340(a)(9) and
     (10) (relating to release of information in confidential
     reports). The county protocol shall include standards and
     procedures to be used in receiving and referring reports and
     coordinating investigations of reported cases of child abuse and
     a system for sharing the information obtained as a result of any
     interview. The protocol shall include any other standards and
     procedures to avoid duplication of fact-finding efforts and
     interviews to minimize the trauma to the child. The district
     attorney shall convene an investigative team in accordance with
     the protocol. The investigative team shall consist of those
     individuals and agencies responsible for investigating the abuse
     or for providing services to the child and shall at a minimum
     include a health care provider, county caseworker and law
     enforcement official.
        (d)  Child fatality or near fatality review team and written
     report.--
            (1)  A child fatality or near fatality review team shall
        be convened by a county agency in accordance with a protocol
        developed by the county agency, the department and the
        district attorney in a case when a child dies or nearly dies
        as a result of child abuse as to which there is an indicated
        report or when the county agency has not made a status
        determination within 30 days. The team may convene after a
        county agency makes a determination of an indicated report
        and shall convene no later than 31 days from the receipt of
        the oral report to the department of the suspected child
        abuse. A county agency in the county where the abuse occurred
        and in any county where the child resided within the 16
        months preceding the fatality or near fatality shall convene
        a child fatality or near fatality review team. A team shall
        consist of at least six individuals who are broadly
        representative of the county where the team is established
        and who have expertise in prevention and treatment of child
        abuse. With consideration given to the circumstances of each
        case and availability of individuals to serve as members, the
        team may consist of the following individuals:
                (i)  A staff person from the county agency.
                (ii)  A member of the advisory committee of the
            county agency.
                (iii)  A health care professional.
                (iv)  A representative of a local school, educational
            program or child care or early childhood development
            program.
                (v)  A representative of law enforcement or the
            district attorney.
                (vi)  An attorney-at-law trained in legal
            representation of children or an individual trained under
            42 Pa.C.S. § 6342 (relating to court-appointed special
            advocates).
                (vii)  A mental health professional.
                (viii)  A representative of a children's advocacy
            center that provides services to children in the county.
            The individual under this subparagraph must not be an
            employee of the county agency.
                (ix)  The county coroner or forensic pathologist.
                (x)  A representative of a local domestic violence
            program.
                (xi)  A representative of a local drug and alcohol
            program.
                (xii)  An individual representing parents.
                (xiii)  Any individual whom the county agency or
            child fatality or near fatality review team determines is
            necessary to assist the team in performing its duties.
            (2)  Members of the team shall be responsible for all of
        the following:
                (i)  Maintaining confidentiality of information under
            sections 6339 (relating to confidentiality of reports)
            and 6340.
                (ii)  Providing and discussing relevant case-specific
            information.
                (iii)  Attending and participating in all meetings
            and activities as required.
                (iv)  Assisting in the development of the report
            under paragraph (4)(v).
            (3)  The county agency, in accordance with the protocol
        and in consultation with the team, shall appoint an
        individual who is not an employee of the county agency to
        serve as chairperson.
            (4)  The team shall perform the following:
                (i)  Review the circumstances of the child's fatality
            or near fatality resulting from suspected or
            substantiated child abuse.
                (ii)  Review the delivery of services to the abused
            child and the child's family provided by the county
            agency and review services provided to the perpetrator by
            the county agency in each county where the child and
            family resided within the 16 months preceding the
            fatality or near fatality and the services provided to
            the child, the child's family and the perpetrator by
            other public and private community agencies or
            professionals. This subparagraph includes law
            enforcement, mental health services, programs for young
            children and children with special needs, drug and
            alcohol programs, local schools and health care
            providers.
                (iii)  Review relevant court records and documents
            related to the abused child and the child's family.
                (iv)  Review the county agency's compliance with
            statutes and regulations and with relevant policies and
            procedures of the county agency.
                (v)  Within 90 days of convening, submit a final
            written report on the child fatality or near fatality to
            the department and designated county officials under
            section 6340(a)(11). Within 30 days after submission of
            the report to the department, the report shall be made
            available, upon request, to other individuals to whom
            confidential reports may be released, as specified by
            section 6340. The 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. The
            report shall include:
                    (A)  Deficiencies and strengths in:
                        (I)  compliance with statutes and
                    regulations; and
                        (II)  services to children and families.
                    (B)  Recommendations for changes at the State and
                local levels on:
                        (I)  reducing the likelihood of future child
                    fatalities and near fatalities directly related
                    to child abuse and neglect;
                        (II)  monitoring and inspection of county
                    agencies; and
                        (III)  collaboration of community agencies
                    and service providers to prevent child abuse and
                    neglect.
        (e)  Response by department.--Within 45 days of receipt of a
     report of a child fatality or near fatality under subsection
     (d), the department shall review the findings and
     recommendations of the report and provide a written response to
     the county agency and the child fatality review team or near
     fatality review team. The department's response to the report of
     the child fatality or near fatality review team shall be made
     available, upon request, to other individuals to whom
     confidential reports may be released, as specified by section
     6340. The department's response shall be made available to the
     public, but identifying information shall be removed from the
     contents of the response, 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
     response shall not be released to the public if the district
     attorney certifies that release of the response 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.
        (f)  Construction.--The provisions of this section shall be
     construed to assist in the improvement of services designed to
     identify and prevent child abuse. The provisions shall not be
     construed to impede or interfere with criminal prosecutions of
     persons who have committed child abuse.
     (Dec. 16. 1994, P.L.1292, No.151, eff. July 1, 1996; Dec. 15,
     1998, P.L.963, No.127, eff. Mar. 1, 1999; Dec. 9, 2002,
     P.L.1549, No.201, eff. 60 days; July 3, 2008, P.L.276, No.33,
     eff. 180 days)

        2008 Amendment.  Act 33 added subsecs. (d), (e) and (f).
        2002 Amendment.  Act 201 amended subsec. (a).
        Cross References.  Section 6365 is referred to in sections
     6340, 6343.1, 6368, 6509 of this title.