2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 63 - Child Protective Services
6368 - Investigation of reports.

     § 6368.  Investigation of reports.
        (a)  General rule.--Upon receipt of each report of suspected
     child abuse, the county agency shall immediately commence an
     appropriate investigation and see the child immediately if
     emergency protective custody is required or has been or shall be
     taken or if it cannot be determined from the report whether
     emergency protective custody is needed. Otherwise, the county
     agency shall commence an appropriate investigation and see the
     child within 24 hours of receipt of the report. The
     investigation shall include a determination of the risk of harm
     to the child or children if they continue to remain in the
     existing home environment, as well as a determination of the
     nature, extent and cause of any condition enumerated in the
     report, any action necessary to provide for the safety of the
     child or children and the taking of photographic identification
     of the child or children to be maintained with the file. During
     the investigation, the county agency shall provide or arrange
     for services necessary to protect the child while the agency is
     making a determination pursuant to this section. If the
     investigation indicates serious physical injury, a medical
     examination shall be performed on the subject child by a
     certified medical practitioner. Where there is reasonable cause
     to suspect there is a history of prior or current abuse, the
     medical practitioner has the authority to arrange for further
     medical tests or the county agency has the authority to request
     further medical tests. The investigation shall include
     communication with the department's service under section 6332
     (relating to establishment of Statewide toll-free telephone
     number). Prior to interviewing a subject of the report, the
     county agency shall orally notify the subject who is about to be
     interviewed of the existence of the report, the subject's rights
     under 42 Pa.C.S. §§ 6337 (relating to right to counsel) and 6338
     (relating to other basic rights) and the subject's rights
     pursuant to this chapter in regard to amendment or expungement.
     Within 72 hours following oral notification to the subject, the
     county agency shall give written notice to the subject. The
     notice may be reasonably delayed if notification is likely to
     threaten the safety of the victim, a nonperpetrator subject or
     the investigating county agency worker, to cause the perpetrator
     to abscond or to significantly interfere with the conduct of a
     criminal investigation. However, the written notice must be
     provided to all subjects prior to the county agency's reaching a
     finding on the validity of the report.
        (a.1)  Investigation of report concerning child-care service
     personnel.--Upon notification that an investigation involves
     suspected child abuse perpetrated by child-care service
     personnel, including a child-care service employee, service
     provider or administrator, the respective child-care service
     must immediately implement a plan of supervision or alternative
     arrangement subject to the county agency's approval for the
     individual under investigation to ensure the safety of the child
     and other children who are in the care of the child-care
     service. Such plan of supervision or alternative arrangement
     shall be kept on file with the county agency until such time
     that the investigation is completed.
        (b)  Conditions outside home environment.--The investigation
     shall determine whether the child is being harmed by factors
     beyond the control of the parent or other person responsible for
     the welfare of the child, and, if so determined, the county
     agency shall promptly take all available steps to remedy and
     correct these conditions, including, but not limited to, the
     coordination of social services for the child and the family, or
     referral of the family to appropriate agencies for the provision
     of services.
        (c)  Completion of investigations.--The investigation by the
     county agency to determine whether the report is "founded,"
     "indicated" or "unfounded" and whether to accept the family for
     service shall be completed within 60 days in all cases. If, due
     to the particular circumstances of the case, the county agency
     cannot complete the investigation within 30 days, the particular
     reasons for the delay shall be described in the child protective
     service record and available to the department for purposes of
     determining whether the county agency has strictly followed the
     provisions of this chapter and whether the county agency is
     subject to action as authorized by section 6343 (relating to
     investigating performance of county agency). Where a petition
     has been filed under 42 Pa.C.S. Ch. 63 (relating to juvenile
     matters) alleging that the child is a dependent child, the
     county agency shall make all reasonable efforts to complete the
     investigation to enable the hearing on the petition to be held
     as required by 42 Pa.C.S. § 6335 (relating to release or holding
     of hearing).
        (d)  Referral for investigation.--If the complaint of
     suspected abuse is determined to be one which cannot be
     investigated under this chapter because the person accused of
     the abuse is not a perpetrator within the meaning of section
     6303 (relating to definitions) but does suggest the need for
     investigation, the county agency shall immediately transmit the
     information to the appropriate authorities, including the
     district attorney, the district attorney's designee or other law
     enforcement official, in accordance with the county protocols
     for investigative teams required by section 6365(c) (relating to
     services for prevention, investigation and treatment of child
     abuse).
     (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1996; Oct. 27,
     2006, P.L.1192, No.126, eff. 60 days; Nov. 29, 2006, P.L.1581,
     No.179, eff. 180 days)

        2006 Amendments.  Act 126 amended subsec. (a) and Act 179
     amended subsec. (d). Section 3 of Act 126 provided that the
     Department of Public Welfare may promulgate rules and
     regulations to administer and enforce the amendment of section
     6368 effected by Act 126.
        1994 Amendment.   See section 9 of Act 151 in the appendix to
     this title for special provisions relating to Department of
     Public Welfare study.
        Cross References.  Section 6368 is referred to in section
     6362 of this title.