Section 3490.67. Written reports to ChildLine

(a) The county agency shall send the Child Protective Service Investigation Report form (CY-48) to ChildLine within 30-calendar days of the receipt of the report of suspected child abuse.

(b) To avoid expunction of a case as required by § 3490.69 (relating to reports not received within 60-calendar days) when a status determination cannot be made and the county agency has petitioned the juvenile court, an arrest has been made or there is criminal court action pending, the county agency shall send a copy of the CY-48 to ChildLine with one of the following status determinations:

(1) Pending juvenile court action.

(2) Pending criminal court action.

(3) Indicated, when there is substantial evidence that the child was abused.

(c) The county agency shall submit a new CY-48 to ChildLine as required in subsection (a) when a final status determination is made under subsection (b).

(d) A supplemental child abuse report form shall be submitted to ChildLine on founded and indicated reports when additional case information is obtained, including dates of birth, identity of the subjects, additional information about the nature of the abuse, or the case is presented before a court and there is a change in the status of the report.

The provisions of this § 3490.67 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial pages (211736) to (211737).

Notation

Notes of Decisions

Accrual Date

A judicial adjudication in a criminal case occurs when an appealable judgment of sentence is imposed; under this interpretation, a suspension of the 60-day investigation/final determination period does not end with the entry of a plea in a criminal case, rather, the suspension may continue until a final, appealable judgment of sentence is imposed. J.C. v. Department of Public Welfare, 980 A.2d 743, 748 (Pa. Cmwlth. 2009).

Denial of mother’s request for expungement of child-abuse report from State-wide registry was appropriate even though County and Youth Services (CYS) filed final child-abuse report as ‘‘founded’’ more than 60 days after mother pleaded no contest to two counts of aggravated assault against child; while abuse case was pending in criminal court, the 60-day reporting requirement was suspended until mother was sentenced. J.C. v. Department of Public Welfare, 980 A.2d 743, 748 (Pa. Cmwlth. 2009).

Cross References

This section cited in 55 Pa. Code § 3490.56 (relating to county agency investigation of suspected child abuse perpetrated by persons employed or supervised by child care agencies and residential facilities).