6365 - Services for prevention, investigation and treatment of child abuse.

     § 6365.  Services for prevention, investigation and treatment of                child abuse.        (a)  Instruction and education.--Each county agency shall     make available among its services for the prevention and     treatment of child abuse instruction and education for     parenthood and parenting skills, protective and preventive     social counseling, outreach and counseling services to prevent     newborn abandonment, emergency caretaker services, emergency     shelter care, emergency medical services and the establishment     of self-help groups organized for the prevention and treatment     of child abuse, part-day services, out-of-home placement     services, therapeutic activities for child and family directed     at alleviating conditions that present a risk to the safety and     well-being of a child and any other services required by     department regulations.        (b)  Multidisciplinary team.--The county agency shall make     available among its services a multidisciplinary team for the     prevention, investigation and treatment of child abuse and shall     convene the multidisciplinary team at any time, but not less     than annually:            (1)  To review substantiated cases of child abuse,        including responses by the county agency and other agencies        providing services to the child.            (2)  Where appropriate to assist in the development of a        family service plan for the child.        (c)  Investigative team.--The county agency and the district     attorney shall develop a protocol for the convening of     investigative teams for any case of child abuse involving crimes     against children which are set forth in section 6340(a)(9) and     (10) (relating to release of information in confidential     reports). The county protocol shall include standards and     procedures to be used in receiving and referring reports and     coordinating investigations of reported cases of child abuse and     a system for sharing the information obtained as a result of any     interview. The protocol shall include any other standards and     procedures to avoid duplication of fact-finding efforts and     interviews to minimize the trauma to the child. The district     attorney shall convene an investigative team in accordance with     the protocol. The investigative team shall consist of those     individuals and agencies responsible for investigating the abuse     or for providing services to the child and shall at a minimum     include a health care provider, county caseworker and law     enforcement official.        (d)  Child fatality or near fatality review team and written     report.--            (1)  A child fatality or near fatality review team shall        be convened by a county agency in accordance with a protocol        developed by the county agency, the department and the        district attorney in a case when a child dies or nearly dies        as a result of child abuse as to which there is an indicated        report or when the county agency has not made a status        determination within 30 days. The team may convene after a        county agency makes a determination of an indicated report        and shall convene no later than 31 days from the receipt of        the oral report to the department of the suspected child        abuse. A county agency in the county where the abuse occurred        and in any county where the child resided within the 16        months preceding the fatality or near fatality shall convene        a child fatality or near fatality review team. A team shall        consist of at least six individuals who are broadly        representative of the county where the team is established        and who have expertise in prevention and treatment of child        abuse. With consideration given to the circumstances of each        case and availability of individuals to serve as members, the        team may consist of the following individuals:                (i)  A staff person from the county agency.                (ii)  A member of the advisory committee of the            county agency.                (iii)  A health care professional.                (iv)  A representative of a local school, educational            program or child care or early childhood development            program.                (v)  A representative of law enforcement or the            district attorney.                (vi)  An attorney-at-law trained in legal            representation of children or an individual trained under            42 Pa.C.S. § 6342 (relating to court-appointed special            advocates).                (vii)  A mental health professional.                (viii)  A representative of a children's advocacy            center that provides services to children in the county.            The individual under this subparagraph must not be an            employee of the county agency.                (ix)  The county coroner or forensic pathologist.                (x)  A representative of a local domestic violence            program.                (xi)  A representative of a local drug and alcohol            program.                (xii)  An individual representing parents.                (xiii)  Any individual whom the county agency or            child fatality or near fatality review team determines is            necessary to assist the team in performing its duties.            (2)  Members of the team shall be responsible for all of        the following:                (i)  Maintaining confidentiality of information under            sections 6339 (relating to confidentiality of reports)            and 6340.                (ii)  Providing and discussing relevant case-specific            information.                (iii)  Attending and participating in all meetings            and activities as required.                (iv)  Assisting in the development of the report            under paragraph (4)(v).            (3)  The county agency, in accordance with the protocol        and in consultation with the team, shall appoint an        individual who is not an employee of the county agency to        serve as chairperson.            (4)  The team shall perform the following:                (i)  Review the circumstances of the child's fatality            or near fatality resulting from suspected or            substantiated child abuse.                (ii)  Review the delivery of services to the abused            child and the child's family provided by the county            agency and review services provided to the perpetrator by            the county agency in each county where the child and            family resided within the 16 months preceding the            fatality or near fatality and the services provided to            the child, the child's family and the perpetrator by            other public and private community agencies or            professionals. This subparagraph includes law            enforcement, mental health services, programs for young            children and children with special needs, drug and            alcohol programs, local schools and health care            providers.                (iii)  Review relevant court records and documents            related to the abused child and the child's family.                (iv)  Review the county agency's compliance with            statutes and regulations and with relevant policies and            procedures of the county agency.                (v)  Within 90 days of convening, submit a final            written report on the child fatality or near fatality to            the department and designated county officials under            section 6340(a)(11). Within 30 days after submission of            the report to the department, the report shall be made            available, upon request, to other individuals to whom            confidential reports may be released, as specified by            section 6340. The 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. The            report shall include:                    (A)  Deficiencies and strengths in:                        (I)  compliance with statutes and                    regulations; and                        (II)  services to children and families.                    (B)  Recommendations for changes at the State and                local levels on:                        (I)  reducing the likelihood of future child                    fatalities and near fatalities directly related                    to child abuse and neglect;                        (II)  monitoring and inspection of county                    agencies; and                        (III)  collaboration of community agencies                    and service providers to prevent child abuse and                    neglect.        (e)  Response by department.--Within 45 days of receipt of a     report of a child fatality or near fatality under subsection     (d), the department shall review the findings and     recommendations of the report and provide a written response to     the county agency and the child fatality review team or near     fatality review team. The department's response to the report of     the child fatality or near fatality review team shall be made     available, upon request, to other individuals to whom     confidential reports may be released, as specified by section     6340. The department's response shall be made available to the     public, but identifying information shall be removed from the     contents of the response, 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     response shall not be released to the public if the district     attorney certifies that release of the response 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.        (f)  Construction.--The provisions of this section shall be     construed to assist in the improvement of services designed to     identify and prevent child abuse. The provisions shall not be     construed to impede or interfere with criminal prosecutions of     persons who have committed child abuse.     (Dec. 16. 1994, P.L.1292, No.151, eff. July 1, 1996; Dec. 15,     1998, P.L.963, No.127, eff. Mar. 1, 1999; Dec. 9, 2002,     P.L.1549, No.201, eff. 60 days; July 3, 2008, P.L.276, No.33,     eff. 180 days)        2008 Amendment.  Act 33 added subsecs. (d), (e) and (f).        2002 Amendment.  Act 201 amended subsec. (a).        Cross References.  Section 6365 is referred to in sections     6340, 6343.1, 6368, 6509 of this title.