1. There has been a judicial adjudication based on a finding that a child who is a subject of the report has been abused and the adjudication involves the same factual circumstances involved in the allegation of child abuse. The judicial adjudication may include any of the following: i. The entry of a plea of guilty or nolo contendere. ii. A finding of guilt to a criminal charge. iii. A finding of dependency under 42 Pa. C.S. Section 6341 (relating to adjudication) if the court has entered a finding that a child who is the subject of the report has been abused. iv. A finding of delinquency under 42 Pa. C.S. Section 6341 if the court has entered a finding that the child who is the subject of the report has been abused by the child who was found to be delinquent. 2. There has been an acceptance into an accelerated rehabilitative disposition program and the reason for the acceptance involves the same factual circumstances involved in the allegation of child abuse. 3. There has been a consent decree entered in a juvenile proceeding under 42 Pa. C.S. Chapter 63 (relating to juvenile matters); the decree involves the same factual circumstances involved in the allegation of child abuse; and the terms and conditions of the consent decree include an acknowledgement, admission or finding that a child who is the subject of the report has been abused by the child who is alleged to be delinquent. 4. A final protection from abuse order has been granted under Section 6108 (relating to relief), when the child who is a subject of the report is one of the individuals protected under the protection from abuse order and: i. Only on individual is charged with the abuse in the protection from abuse order; ii. Only that individual defends against the charge; iii. The adjudication involves the same factual circumstances involved in the allegation of child abuse; and iv. The protection from abuse adjudication finds that the child abuse occurred. An indicated report An indicated report is based on the medical assessment, the CPS investigation, or the admission of acts of abuse by the perpetrator of that abuse or neglect (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). Indicated reports do not require law enforcement or court involvement (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). Perpetrators named in indicated reports are recorded in the ChildLine abuse reporting system (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). They are not considered criminals because the report does not lead to criminal charges (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). Upon receipt of a report of suspected child abuse by a perpetrator from an individual, the Department of Human Services shall ensure the safety of the child and any other child in the alleged victim’s home (Pennsylvania General Assembly, n.d.b). Investigation of reports (23 Pa.C.S. § 6368) If a report was made by a mandated reporter, DHS shall notify the mandated reporter who made the report of suspected child abuse of all of the following within three (3) business days of DHS's receipt of the results of the investigation:
The Child Protective Services Act defines an indicated report as follows. 1. Subject to paragraphs (2) and (3), a report of child abuse made pursuant to this chapter if an investigation by the department or county agency determines that substantial evidence of the alleged abuse by a perpetrator exists based on any of the following: i. Available medical evidence. 2. A report may be indicated under paragraph (1)(i) or (ii) for any child who is the victim of child abuse, regardless of the number of alleged perpetrators. 3. A report may be indicated under paragraph (1)(i) or (ii) listing the perpetrator as “unknown” if substantial evidence of abuse by a perpetrator exists, but the department or county agency is unable to identify the specific perpetrator. ii. The child protective service investigation. iii. An admission of the acts of abuse by the perpetrator. The following example illustrates an indicated report A three-month-old baby is examined in the emergency department, where they are determined to have bleeding on the brain, a broken leg, and five rib fractures in various stages of healing. There are three individuals in the home who are responsible for the care of the child, but evidence does not exist to determine who inflicted this child’s injuries. The investigation clearly substantiates that abuse has occurred, so the report is an indicated report of child abuse. A report may be indicated that lists the perpetrator as “unknown” if substantial evidence of abuse by a perpetrator exists but the department or county agency is unable to identify the specific perpetrator. An unfounded report An unfounded report is any report that does not qualify as a founded report or an indicated report (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). The evidence does not support the assertion of child abuse (Pennsylvania Department of Human Services Annual Child Abuse Report, 2021). Self-Assessment Quiz Question #10 An indicated report is a: a. Report in which evidence does not support the assertion of child abuse. b. Report that does not lead to criminal charges and that is based on the medical assessment, the child protective service investigation, or the admission of acts of abuse by the perpetrators of that abuse or neglect. c. Report that was escalated to the legal system and went to court. d. None of the above. ● Whether the child abuse report is founded, indicated, or unfounded. ● Any services provided, arranged for, or to be provided by the county agency to protect the child. Response to reports referred to county agency by department Upon receipt of a report of suspected child abuse from the department, the county agency shall immediately commence an investigation and see the child immediately if emergency protective custody is required or if it has been or will be taken; immediately if it cannot be determined from the report whether emergency protective custody is
Section 6368 of the Child Protective Services Law investigation of reports Response to direct reports
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Book Code: FPA0625
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