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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1806 (March 30, 2024).

55 Pa. Code § 3490.223. Definitions.

§ 3490.223. Definitions.

 In addition to the definitions in §  3490.4 (relating to definitions), the following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   Assessment—An evaluation by the county agency to determine whether or not a child is in need of general protective services.

   Custodial parent—The parent responsible for the day-to-day care and supervision of the child.

   General protective services—Services to prevent the potential for harm to a child who meets one of the following conditions:

     (i)   Is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his physical, mental, or emotional health, or morals.

     (ii)   Has been placed for care or adoption in violation of law.

     (iii)   Has been abandoned by his parents, guardian or other custodian.

     (iv)   Is without a parent, guardian or legal custodian.

     (v)   Is habitually and without justification truant from school while subject to compulsory school attendance.

     (vi)   Has committed a specific act of habitual disobedience of the reasonable and lawful commands of his parent, guardian or other custodian and who is ungovernable and found to be in need of care, treatment or supervision.

     (vii)   Is under 10 years of age and has committed a delinquent act.

     (viii)   Has been formerly adjudicated dependent under section 6341 of the Juvenile Act (relating to adjudication), and is under the jurisdiction of the court, subject to its conditions or placements and who commits an act which is defined as ungovernable in subparagraph (vi).

     (ix)   Has been referred under section 6323 of the Juvenile Act (relating to informal adjustment), and who commits an act which is defined as ungovernable in subparagraph (vi).

   Parent—A biological parent, adoptive parent, legal guardian or primary person responsible for a child.

   Potential for harm

     (i)   Likely, if permitted to continue, to have a detrimental effect on the child’s health, development or functioning.

     (ii)   The term does not include imminent risk as defined in the definition of ‘‘child abuse’’ in §  3490.4.

   Primary person who is responsible for the care of a child—A person who provides or arranges ongoing care and supervision to a child in lieu of parental care and supervision.

   Report—A verbal or written statement to the county agency from someone alleging that a child is in need of general protective services.


   The provisions of this §  3490.223 adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.

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