2023 Pennsylvania Consolidated & Unconsolidated Statutes :: Title 23 - DOMESTIC RELATIONS :: Chapter 63 - Child Protective Services :: Section 6375 - County agency requirements for general protective services (2024)

§ 6375. County agency requirements for general protective services.

(a) Duties of county agency.--The county agency shall make available a program of general protective services within each agency. The county agency shall perform those functions assigned by this chapter and others that would further the purposes of this chapter. It shall have sufficient staff of sufficient qualifications to fulfill the purposes of this chapter and be organized in a way as to maximize the continuity of responsibility, care and service of individual workers toward individual children and families. The department by regulation shall set forth staff-to-family ratios for the receipt and assessment of reports of children in need of protective services and for the provision of services to neglected children and their families.

(b) Organization of county agency.--Each county agency shall be organized and staffed to ensure that the agency can provide intake for general protective services. Intake occurs when a report or referral is made to the agency or when a parent or person responsible for the child's welfare requests the assistance of the agency.

(c) Assessment for services.--

(1) Within 60 days of receipt of a report, an assessment shall be completed and a decision on whether to accept the family for service shall be made. The county agency shall provide or arrange for services necessary to protect the child during the assessment period.

(1.1) The county agency shall immediately notify the department upon the completion of the assessment whether the report was determined to be valid or invalid and whether the family was accepted for services or referred to community services.

(1.2) The county agency shall immediately notify the department upon the closure of services for a child or family that has been accepted for services.

(2) Each county agency shall implement a State-approved risk assessment process in performance of its duties.

(d) Receiving and assessing reports.--The county agency shall be the sole civil agency responsible for receiving and assessing all reports of children in need of protective services made pursuant to this chapter for the purpose of providing protective services to prevent abuse or neglect to children and to provide or arrange for and monitor the provision of those services necessary to safeguard and ensure the child's well-being and development and to preserve and stabilize family life wherever appropriate. The department may waive the receipt and assessment requirement pursuant to section 6361 (relating to organization for child protective services). Nothing in this subsection limits 42 Pa.C.S. § 6304 (relating to powers and duties of probation officers).

(e) Family service plan.--The county agency shall prepare a written family service plan in accordance with regulations adopted by the department.

(f) Types of services.--Each county agency shall make available for the prevention and treatment of child abuse and neglect: multidisciplinary teams, instruction and education for parenthood and parenting skills, protective and preventive social counseling, emergency caretaker services, emergency shelter care, emergency medical services, part-day services, out-of-home placement services, therapeutic activities for the 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.

(g) Monitoring, evaluating and assessing.--The county agency shall frequently monitor the provision of services, evaluate the effectiveness of the services, conduct in-home visits and make a periodic assessment of the risk of harm to the child, which shall include maintaining an annually updated photograph of the child and verification of the identification of the child.

(h) Emergency coverage.--As part of its general protective services program, a county agency shall provide 24-hour-a-day emergency coverage and be accessible to the public.

(i) Protective custody.--Pursuant to section 6315 (relating to taking child into protective custody) and after receipt of a court order, the county agency shall take a child into protective custody to protect the child from abuse or further neglect. No county agency worker may take custody of a child without judicial authorization based on the merits of the situation.

(j) Court action.--If the county agency determines that protective services are in the best interest of a child and if an offer of those services is refused or if any other reason exists to warrant court action, the county agency shall initiate the appropriate court proceedings.

(k) Adjudication of dependency.--The county agency shall maintain its responsibility for petitioning the court when necessary for the adjudication of dependency of a child pursuant to 42 Pa.C.S. Ch. 63 (relating to juvenile matters).

(l) Assistance to court.--The county agency shall assist the court during all stages of a court proceeding in accordance with the purposes of this chapter.

(m) Weekly face-to-face contacts.--For those children assessed under this section as being at high risk for abuse or neglect who are remaining in or returning to the home in which the abuse or neglect occurred, the county agency shall ensure that those children are seen at least once a week, either directly by a county agency worker or through purchase of service, until they are no longer assessed as being at high risk for abuse or neglect.

(n) Transfer of files between county agencies.--Whenever a county agency transfers to another county agency a file relating to a child who receives or is in need of protective services under this chapter, the file shall include any photographic identification and an annual photograph taken of the child.

(o) Availability of information.--Information related to reports of a child in need of general protective services shall be available to individuals and entities to the extent they are authorized to receive information under section 6340 (relating to release of information in confidential reports).

(Dec. 16, 1994, P.L.1292, No.151; Nov. 24, 1999, P.L.542, No.50, eff. 60 days; Oct. 27, 2006, P.L.1192, No.126, eff. 60 days; Dec. 18, 2013, P.L.1167, No.107, eff. Jan. 1, 2014; Apr. 7, 2014, P.L.388, No.29, eff. Dec. 31, 2014)

2014 Amendment. Act 29 amended subsec. (c).

2013 Amendment. Act 107 added subsec. (o). See section 6 of Act 107 in the appendix to this title for special provisions relating to applicability.

2006 Amendment. Act 126 amended subsec. (g) and added subsec. (n). 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 6375 effected by Act 126.

1999 Amendment. Act 50 added subsec. (m).

1994 Amendment. Act 151 added section 6375, effective July 1, 1997, except as to subsec. (c)(2). See section 10(1) of Act 151 in the appendix to this title for special provisions relating to the effective date of subsec. (c)(2).

Cross References. Section 6375 is referred to in section 6328 of Title 42 (Judiciary and Judicial Procedure).

2023 Pennsylvania Consolidated & Unconsolidated Statutes :: Title 23 - DOMESTIC RELATIONS :: Chapter 63 - Child Protective Services :: Section 6375 - County agency requirements for general protective services (2024)

FAQs

What can and cannot CPS do in PA? ›

Although CPS can show up to your home without notice, they cannot enter without your consent. Unless CPS has a court order, or they believe your child is in immediate danger, they can't enter your home unless you say it's okay.

What is the new child support law in PA? ›

Child support can still be paid by the party with the higher income when there is shared custody, but the higher earning party will receive a 20% reduction based on a 50/50 schedule. A reduction is available if the higher earning party has anywhere from 40% to 50% of the custody of the children.

What is the average child support payment in PA? ›

Client Review – Pennsylvania Child Custody Matter

Under the guidelines, for a combined monthly net income of $3,000, the monthly child support amount is $704 for 1 child, $1,015 for 2 children, and $1,189 for 3 children.

How do I appeal an indicated CPS report in PA? ›

Any person named as a perpetrator and any school employee named in an indicated report of child abuse may, within 90 days of being notified of the status of the report, request the secretary of the Department of Public Welfare to amend or expunge an indicated report on the grounds that it is inaccurate or it is being ...

How does CPS violate the 14th Amendment? ›

Removing a child from a parent's custody violates the Fourteenth Amendment unless the removal (1) is authorized by a court order (typically a warrant); or (2) is supported by “reasonable cause to believe that the child is in imminent danger of serious bodily injury,” and the scope of intrusion does not extend beyond ...

Can CPS tell you who reported you in PA? ›

Usually the identity of the person who filed the report remains confidential. Typically CPS and/or police do not share information with anybody about the progress of an investigation – even with a protective parent.

Do you have to pay child support if you have 50 50 custody in Pennsylvania? ›

Even with a 50/50 custody arrangement, there may still be a child support obligation if there is a significant difference in the incomes of the parents. Each case is subject to the court's discretion.

What is the deadbeat father law in PA? ›

Pennsylvania's Dead Beat Parent Law punishes parents who: Owe more than three months of child support. Failed to stick to a child custody order. Failed to follow a partial custody order.

Can a father give up his rights to avoid child support in PA? ›

Voluntary Relinquishment

Parents may not relinquish their rights simply to avoid paying financial support or providing care—unless someone else is going to care for and support the child, the court may find that termination is not in the child's best interests.

At what age in PA can a child decide who they want to live with? ›

There is no minimum age which prompts a Pennsylvania judge to say that a child's wishes will or won't be considered. Rather, PA custody law clearly specifies that a child's custodial preference must be well-reasoned and based on maturity and judgment.

How much is child support for a 2 kid in PA? ›

Under the child support guidelines, the monthly support obligation for their 2 children is $1,729. It's important to note that Pennsylvania's child support guidelines do not apply to certain situations: The parents' combined monthly net income exceeds $30,000. (See Rule 1910.16-3.1 which applies in high income cases)

How much can child support take from your check in PA? ›

Up to 50% of your disposable earnings may be garnished to pay child support if you're currently supporting a spouse or a child who isn't the subject of the order. If you aren't supporting a spouse or child, up to 60% of your earnings may be taken.

How long does a CPS case stay on your record in PA? ›

Following the expiration of ten years after the closure of services by the county agency or until the youngest child identified in the most recent general protective services report attains 23 years of age, whichever occurs first, the report shall be expunged from the Statewide database as soon as possible, but no ...

What is false reports to CPS in PA? ›

§ 4906.1.

A person commits a misdemeanor of the second degree if the person intentionally or knowingly makes a false report of child abuse under 23 Pa. C.S. Ch. 63 (relating to child protective services) or intentionally or knowingly induces a child to make a false claim of child abuse under 23 Pa.

Can you sue CPS in PA? ›

You cannot just "take CPS to court"- it is a difficult process and CPS has many protections that make a law suit difficult. Not impossible - but for an attorney to take a lawsuit against CPS - you will want to be as knowledgeable as possible first.

What does CPS need to remove a child in PA? ›

Either a law enforcement officer or an officer of the court, e.g., a CPS caseworker, may also remove a child in an emergency situation if the child is suffering either illness or injury and/or faces imminent danger, e.g., physical and/or sexual abuse, because of their environment.

What does CPS look for in a home visit in PA? ›

Many people wonder, “What does CPS look for in a home visit?” The major factors are making sure the home is a safe place for the child. For example, they look at the quality of the sleeping conditions, how much food is available, and if the child has enough clothing to determine if there's any sign of neglect.

Do you have to let CPS in your house in PA? ›

Make Sure They Have a Warrant

One thing you should ask is if the CPS caseworker has a warrant to enter your home. If they do not, they cannot legally come into your home and take your child. A CPS worker may lie about having a warrant so you open the door.

What happens when you call CPS in Pennsylvania? ›

What happens when a report is made? The county children and youth agency must begin an investigation within 24 hours. A thorough inquiry is conducted to determine if the child was abused and what services are appropriate for the child and family.

References

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