Section 3490.73. Petitioning the court

The county agency shall petition the court if one of the following applies:

(1) Placement or continued placement of a child is necessary.

(2) A subject of the report of suspected child abuse refuses to cooperate with the county agency in an investigation, and the county agency is unable to determine whether the child is at risk.

(3) The parents refuse services, and the county agency determines that services are in the best interests of the child.

The provisions of this § 3490.73 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 (211738).

Notation

Notes of Decisions

Probable Cause

Department of Public Welfare regulations required Children and Youth (C & Y) to make at least one home visit during a child abuse investigation and if home visit was refused, C & Y was required to petition court to order the home visit; however, for court to grant petition, request must be based on probable cause that an act of child abuse or neglect had occurred. In Re Petition to Compel Cooperation, 875 A.2d 365, 374 (Pa. Super. 2005).