Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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55 Pa. Code § 3490.92. Requests by and referrals to law enforcement officials.

§ 3490.92. Requests by and referrals to law enforcement officials.

 (a)  Requests for child abuse information by law enforcement officials under §  3490.91(a)(9) (relating to persons to whom child abuse information shall be made available) shall be made with the following requirements:

   (1)  Requests shall be in writing and signed by the law enforcement official.

   (2)  Requests shall indicate that the child abuse information is needed by the law enforcement official in the course of investigating a case of the following:

     (i)   Homicide, sexual abuse or exploitation, or serious bodily injury, perpetrated by persons whether or not related to the victim.

     (ii)   Child abuse perpetrated by persons who are not family members.

     (iii)   Repeated physical injury to a child under circumstances that indicate that a child’s health or welfare is harmed or threatened.

     (iv)   A missing child report.

   (3)  The information shall include the names of the persons who made the report and who cooperated in the investigation when requested by the law enforcement official.

 (b)  Referrals to law enforcement officials required by §  3490.91(a)(10) shall be made with the following requirements:

   (1)  Referrals shall be made by the county agency to the district attorney or other appropriate law enforcement official.

   (2)  Referrals shall be made if the initial report to or initial review by the county agency gives evidence that the alleged abuse perpetrated by persons whether or not related to the child is one of the following:

     (i)   Homicide.

     (ii)   Sexual abuse or exploitation.

     (iii)   Serious bodily injury.

   (3)  Referrals shall be made if the initial report to or initial review by the county agency gives evidence that the alleged child abuse is child abuse perpetrated by persons who are not family members.

   (4)  If during the course of investigating a report of suspected child abuse, the county agency obtains evidence which indicates that referral to law enforcement officials is appropriate, the county agency shall immediately refer the report to the law enforcement official.

   (5)  The county agency may not refer to law enforcement officials reports of suspected child abuse which do not meet the requirements of paragraphs (2) and (3).

   (6)  Reports shall be made verbally under policies and procedures developed in conjunction with the district attorney and other law enforcement officials.

   (7)  Reports shall be made in writing on the next work day when the report is made verbally or within 24 hours of when the county agency determines that the report meets the criteria for making a report to law enforcement officials. Written reports shall be made on forms developed by the Department.

   (8)  The county agency shall release the names of the person who made the report or cooperated in the investigation to law enforcement officials upon request.

 (c)  If the complaint of suspected abuse is determined to be one which cannot be investigated by the county agency because the person accused of the abuse is not a perpetrator, but does suggest the need for investigation, the county agency shall immediately transmit the information to the appropriate authorities.

 (d)  The county agency may not provide information to a law enforcement official under this section, unless the law enforcement official is known to or has exhibited proper identification to the county agency.

 (e)  Law enforcement officials shall treat all reporting sources and persons who cooperated in the investigation as confidential informants.

Source

   The provisions of this §  3490.92 adopted December 20, 1985, effective January 1, 1986, 15 Pa.B. 4547; amended July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513. Immediately preceding text appears at serial pages (229421) to (229422).

Cross References

   This section cited in 55 Pa. Code §  3490.94 (relating to release of the identity of a person who made a report of child abuse or cooperated in a subsequent investigation); and 55 Pa. Code §  3800.20 (relating to confidentiality of records).



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