6368 - Investigation of reports.

     § 6368.  Investigation of reports.        (a)  General rule.--Upon receipt of each report of suspected     child abuse, the county agency shall immediately commence an     appropriate investigation and see the child immediately if     emergency protective custody is required or has been or shall be     taken or if it cannot be determined from the report whether     emergency protective custody is needed. Otherwise, the county     agency shall commence an appropriate investigation and see the     child within 24 hours of receipt of the report. The     investigation shall include a determination of the risk of harm     to the child or children if they continue to remain in the     existing home environment, as well as a determination of the     nature, extent and cause of any condition enumerated in the     report, any action necessary to provide for the safety of the     child or children and the taking of photographic identification     of the child or children to be maintained with the file. During     the investigation, the county agency shall provide or arrange     for services necessary to protect the child while the agency is     making a determination pursuant to this section. If the     investigation indicates serious physical injury, a medical     examination shall be performed on the subject child by a     certified medical practitioner. Where there is reasonable cause     to suspect there is a history of prior or current abuse, the     medical practitioner has the authority to arrange for further     medical tests or the county agency has the authority to request     further medical tests. The investigation shall include     communication with the department's service under section 6332     (relating to establishment of Statewide toll-free telephone     number). Prior to interviewing a subject of the report, the     county agency shall orally notify the subject who is about to be     interviewed of the existence of the report, the subject's rights     under 42 Pa.C.S. §§ 6337 (relating to right to counsel) and 6338     (relating to other basic rights) and the subject's rights     pursuant to this chapter in regard to amendment or expungement.     Within 72 hours following oral notification to the subject, the     county agency shall give written notice to the subject. The     notice may be reasonably delayed if notification is likely to     threaten the safety of the victim, a nonperpetrator subject or     the investigating county agency worker, to cause the perpetrator     to abscond or to significantly interfere with the conduct of a     criminal investigation. However, the written notice must be     provided to all subjects prior to the county agency's reaching a     finding on the validity of the report.        (a.1)  Investigation of report concerning child-care service     personnel.--Upon notification that an investigation involves     suspected child abuse perpetrated by child-care service     personnel, including a child-care service employee, service     provider or administrator, the respective child-care service     must immediately implement a plan of supervision or alternative     arrangement subject to the county agency's approval for the     individual under investigation to ensure the safety of the child     and other children who are in the care of the child-care     service. Such plan of supervision or alternative arrangement     shall be kept on file with the county agency until such time     that the investigation is completed.        (b)  Conditions outside home environment.--The investigation     shall determine whether the child is being harmed by factors     beyond the control of the parent or other person responsible for     the welfare of the child, and, if so determined, the county     agency shall promptly take all available steps to remedy and     correct these conditions, including, but not limited to, the     coordination of social services for the child and the family, or     referral of the family to appropriate agencies for the provision     of services.        (c)  Completion of investigations.--The investigation by the     county agency to determine whether the report is "founded,"     "indicated" or "unfounded" and whether to accept the family for     service shall be completed within 60 days in all cases. If, due     to the particular circumstances of the case, the county agency     cannot complete the investigation within 30 days, the particular     reasons for the delay shall be described in the child protective     service record and available to the department for purposes of     determining whether the county agency has strictly followed the     provisions of this chapter and whether the county agency is     subject to action as authorized by section 6343 (relating to     investigating performance of county agency). Where a petition     has been filed under 42 Pa.C.S. Ch. 63 (relating to juvenile     matters) alleging that the child is a dependent child, the     county agency shall make all reasonable efforts to complete the     investigation to enable the hearing on the petition to be held     as required by 42 Pa.C.S. § 6335 (relating to release or holding     of hearing).        (d)  Referral for investigation.--If the complaint of     suspected abuse is determined to be one which cannot be     investigated under this chapter because the person accused of     the abuse is not a perpetrator within the meaning of section     6303 (relating to definitions) but does suggest the need for     investigation, the county agency shall immediately transmit the     information to the appropriate authorities, including the     district attorney, the district attorney's designee or other law     enforcement official, in accordance with the county protocols     for investigative teams required by section 6365(c) (relating to     services for prevention, investigation and treatment of child     abuse).     (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1996; Oct. 27,     2006, P.L.1192, No.126, eff. 60 days; Nov. 29, 2006, P.L.1581,     No.179, eff. 180 days)        2006 Amendments.  Act 126 amended subsec. (a) and Act 179     amended subsec. (d). Section 3 of Act 126 provided that the     Department of Public Welfare may promulgate rules and     regulations to administer and enforce the amendment of section     6368 effected by Act 126.        1994 Amendment.   See section 9 of Act 151 in the appendix to     this title for special provisions relating to Department of     Public Welfare study.        Cross References.  Section 6368 is referred to in section     6362 of this title.