6376 - Appeals with respect to general protective services.

     § 6376.  Appeals with respect to general protective services.        (a)  Right to appeal.--A custodial parent or person who has     primary responsibility for the welfare of a child may appeal the     county agency's decision to accept the family for services.     Written notice of this right, along with an explanation of the     agency's decision, shall be given to the family within seven     days of the decision to accept for service. The department has     no authority to modify an order of a court of common pleas.        (b)  Receipt and grounds of appeal.--Appeals must be received     by the county agency within 45 days of the date when the notice     was mailed to the custodial parent or person who has primary     responsibility for the welfare of a child. Requests must be made     on the grounds that the child is or is not at risk of abuse or     neglect.        (c)  Review and decision and request for hearing.--The county     agency shall review the request and issue a written decision     within 45 days of receipt of the appeal. If the agency denies     the request, the custodial parent or person who has primary     responsibility for the welfare of a child may request a hearing     before the department. The request must be made within 45 days     of the date of the county agency's decision.        (d)  Hearing.--If a hearing is requested, the secretary or     his designated agent shall schedule a hearing pursuant to     Article IV of the act of June 13, 1967 (P.L.31, No.21), known as     the Public Welfare Code, and applicable department regulations.     The burden of proof in the hearing shall be on the county     agency. The department shall assist the county agency as     necessary.        (e)  Order.--The department is authorized and empowered to     make any appropriate order regarding records to make them     accurate or consistent with the requirements of this chapter.        (f)  Other appeals.--Action by a custodial parent or person     who has primary responsibility for the welfare of a child under     this section does not preclude his right to exercise other     appeals available through department regulations or the courts.     (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1997)        1994 Amendment.  Act 151 added section 6376.