2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 63 - Child Protective Services
6376 - Appeals with respect to general protective services.

     § 6376.  Appeals with respect to general protective services.
        (a)  Right to appeal.--A custodial parent or person who has
     primary responsibility for the welfare of a child may appeal the
     county agency's decision to accept the family for services.
     Written notice of this right, along with an explanation of the
     agency's decision, shall be given to the family within seven
     days of the decision to accept for service. The department has
     no authority to modify an order of a court of common pleas.
        (b)  Receipt and grounds of appeal.--Appeals must be received
     by the county agency within 45 days of the date when the notice
     was mailed to the custodial parent or person who has primary
     responsibility for the welfare of a child. Requests must be made
     on the grounds that the child is or is not at risk of abuse or
     neglect.
        (c)  Review and decision and request for hearing.--The county
     agency shall review the request and issue a written decision
     within 45 days of receipt of the appeal. If the agency denies
     the request, the custodial parent or person who has primary
     responsibility for the welfare of a child may request a hearing
     before the department. The request must be made within 45 days
     of the date of the county agency's decision.
        (d)  Hearing.--If a hearing is requested, the secretary or
     his designated agent shall schedule a hearing pursuant to
     Article IV of the act of June 13, 1967 (P.L.31, No.21), known as
     the Public Welfare Code, and applicable department regulations.
     The burden of proof in the hearing shall be on the county
     agency. The department shall assist the county agency as
     necessary.
        (e)  Order.--The department is authorized and empowered to
     make any appropriate order regarding records to make them
     accurate or consistent with the requirements of this chapter.
        (f)  Other appeals.--Action by a custodial parent or person
     who has primary responsibility for the welfare of a child under
     this section does not preclude his right to exercise other
     appeals available through department regulations or the courts.
     (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1997)

        1994 Amendment.  Act 151 added section 6376.