Section 3490.69. Reports not received within 60-calendar days

When the CY-48 form is not filed with ChildLine within 60-calendar days of receipt of the report by ChildLine, the report shall be unfounded.

The provisions of this § 3490.69 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 page (211737).

Notation

Notes of Decisions

Accrual Date

The date on which the known perpetrator of child abuse is reported to the Department’s central register, not when the matter is referred to children and youth services, triggers the 60-day time limit within which the agency must complete its investigation. Cumberland County Children and Youth Services v. Department of Public Welfare, 611 A.2d 1339 (Pa. Cmwlth. 1992); appeal denied 619 A.2d 701 (Pa. 1993).

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 § 3490.67 (relating to written reports to ChildLine).