Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 1148 (February 25, 2023).

55 Pa. Code § 3490.173. Notifications by the county agency.

§ 3490.173. Notifications by the county agency.

 (a)  Prior to the initial interview with a subject of a report of student abuse, the county agency shall verbally notify the subject of the existence of the report, the allegations of student abuse and the school employe’s rights regarding amendment and expunction.

 (b)  Within 72 hours of the initial interview, the county agency shall notify the subject in writing of the following:

   (1)  The existence of the report.

   (2)  The allegations of student abuse.

   (3)  The school employe’s rights regarding amendment and expunction.

   (4)  The right to obtain a copy of the report from ChildLine or the county agency.

   (5)  The fact that unfounded reports are expunged within 120-calendar days of receipt of the report by ChildLine.

   (6)  The effect that a founded or indicated report of child abuse or student abuse has on a school employe responsible for student abuse seeking employment in a child care service or as a school employe.

 (c)  The written notice required by subsection (b) may be reasonably delayed if notification is likely to:

   (1)  Threaten the safety of the victim, the safety of another subject or the safety of an investigating county agency worker.

   (2)  Cause the school employe to abscond or to significantly interfere with the conduct of a criminal investigation.

 (d)  The written notice shall be given to all subjects before the status determination is submitted to ChildLine.

 (e)  The county agency shall notify, in writing, the district attorney and the law enforcement officials who conducted the investigation and the school administrator or employe, or both, who made the report to the district attorney and law enforcement officials of the status of the report when the county agency notifies ChildLine of the status of the report.

Cross References

   This section cited in 55 Pa. Code §  3490.143 (relating to definitions).

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