6343 - Investigating performance of county agency.

     § 6343.  Investigating performance of county agency.        (a)  General rule.--If, within 30 days from the date of an     initial report of suspected child abuse, the appropriate county     agency has not investigated the report and informed the     department that the report is an indicated report or an     unfounded report or unless within that same 30-day period the     report is determined to be a founded report, the department     shall have the authority to begin an inquiry into the     performance of the county agency which inquiry may include a     performance audit of the county agency as provided in subsection     (b). On the basis of that inquiry, the department shall take     appropriate action to require that the provisions of this     chapter be strictly followed, which action may include, without     limitation, the institution of appropriate legal action and the     withholding of reimbursement for all or part of the activities     of the county agency. The department shall determine in its     review whether the county agency has sufficiently documented     reasons why the investigation has not been completed in the 30-     day period.        (b)  Performance audit.--Notwithstanding any other provision     of this chapter, the secretary or a designee of the secretary     may direct, at their discretion, and after reasonable notice to     the county agency, a performance audit of any activity engaged     in pursuant to this chapter.        (c)  Department reviews and reports of child fatalities and     near fatalities.--            (1)  The department shall conduct a child fatality and        near fatality review and provide a written report on any        child fatality or near fatality, if child abuse is suspected.        The department shall summarize:                (i)  the circumstances of the child's fatality or            near fatality;                (ii)  the nature and extent of its review;                (iii)  statutory and regulatory compliance by the            county agency in the county where:                    (A)  the fatality or near fatality occurred; and                    (B)  the child resided within the 16 months                preceding the fatality or near fatality;                (iv)  its findings; and                (v)  recommendations for reducing the likelihood of            future child fatalities and near fatalities resulting            from child abuse.            (2)  The department's child fatality or near fatality        review shall be commenced immediately upon receipt of a        report to the department that a child died or nearly died as        a result of suspected child abuse. The department shall        provide assistance and relevant information to the child        fatality or near fatality review team and attempt to        coordinate its fact-finding efforts and interviews with the        team to avoid duplication. The department's child fatality or        near fatality review and report shall be completed as soon as        possible but no later than six months from receipt of the        initial report of the child fatality or near fatality.            (3)  Prior to completing its report, the department may        release the following information to the public concerning a        child who died or nearly died as a result of suspected or        substantiated child abuse:                (i)  The identity of the child.                (ii)  If the child was in the custody of a public or            private agency, the identity of the agency.                (iii)  The identity of the public or private agency            under contract with a county agency to provide services            to the child and the child's family in the child's home            prior to the child's death or near fatality.                (iv)  A description of services provided under            subparagraph (iii).                (v)  The identity of the county agency that convened            a child fatality or near fatality review team with            respect to the child.            (4)  Upon completion of the review and report, the        department's child fatality or near fatality report shall be        made available to the county agency, the child fatality or        near fatality review team and designated county officials        under section 6340(a)(11) (relating to release of information        in confidential reports). The report shall be made available,        upon request, to other individuals to whom confidential        reports may be released, as specified by section 6340. The        department's report shall be made available to the public,        but identifying information shall be removed from the        contents of the report except for disclosure of: the identity        of a deceased child; if the child was in the custody of a        public or private agency, the identity of the agency; the        identity of the public or private agency under contract with        a county agency to provide services to the child and the        child's family in the child's home prior to the child's death        or near fatality; and the identity of any county agency that        convened a child fatality or near fatality review team in        respect to the child. The report shall not be released to the        public if the district attorney certifies that release of the        report may compromise a pending criminal investigation or        proceeding. Certification by the district attorney shall stay        the release of the report for a period of 60 days, at which        time the report shall be released unless a new certification        is made by the district attorney.     (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; July 3,     2008, P.L.276, No.33, eff. 180 days)        2008 Amendment.  Act 33 added subsec. (c).        Cross References.  Section 6343 is referred to in sections     6340, 6368 of this title.