55 Pa. Code § 3490.91 - Persons to whom child abuse information shall be made available
(a) Reports, report
summaries and other accompanying information obtained under the CPSL and this
chapter in the possession of the Department and a county agency are
confidential. Except for the subject of a report, persons who receive
information under this section shall be advised that they are subject to the
confidentiality provisions of the CPSL and this chapter, that they are required
to insure the confidentiality and security of the information and that they are
liable for civil and criminal penalties for releasing information to persons
who are not permitted access to this information. This material shall only be
released under the CPSL and this chapter and be made available only to the
following:
(1) An authorized official of a
county agency or of an agency of another state that performs protective
services analogous to those services performed by county agencies or the
Department in the course of the official's duties, multidisciplinary team
members assigned to the case and authorized persons providing services by
referral or under section 6364 of the CPSL (relating to purchasing services of
other agencies). The name of the person who made the report or cooperated in
the investigation may be released to county agencies in this Commonwealth and
out-of-State agencies providing protective services provided they have a
legitimate need to know this information to protect the child and the person
requesting the information can assure the confidentiality of the identity of
the persons who made the report or cooperated in the investigation.
(2) A physician examining or treating a child
or the director of a hospital or medical facility treating a child, if the
physician or the director of a hospital or medical facility suspects the child
of being an abused child.
(3) A
guardian ad litem and court designated advocate for the child.
(4) An authorized official or agent of the
Department including the following:
(i) The
Secretary.
(ii) Deputy Secretaries
of the Department and designated staff, in cases involving alleged or actual
abuse of children in facilities or programs under their jurisdiction.
(iii) ChildLine staff.
(iv) Authorized officials or agents of the
Department who are conducting a performance audit as authorized under section
6343 of the CPSL (relating to investigating performance of county agency) and
this chapter.
(5) A court
of competent jurisdiction under a court order or a court of common pleas upon
written request from a judge in connection with any matter involving custody of
a child.
(i) When the Department receives a
written request under this paragraph, ChildLine will send to the court copies
of the Report of Suspected Child Abuse (CY-47); the ChildLine Report of
Suspected Child Abuse and Neglect For ChildLine Use Only (CY-47C); the Child
Protective Service Investigation Report (CY-48); and the Child Protective
Service Supplemental Report (CY-49) on file at ChildLine involving the subject
child, the child's siblings and their parents.
(ii) If the court requests specific files or
information that is not on file at ChildLine, ChildLine will notify the county
agency administrator to provide the information directly to the
court.
(6) A standing
committee of the General Assembly, under section 6384 of the CPSL (relating to
legislative oversight).
(7) The
Attorney General.
(8) Federal
auditors, if required for Federal financial participation in funding of
agencies, but Federal auditors may not remove identifiable reports or copies of
them from the Department or county agencies.
(9) Law enforcement officials of any
jurisdiction inside or outside of this Commonwealth if the information is
relevant in the course of investigating cases of:
(i) Homicide, sexual abuse or exploitation,
or serious bodily injury perpetrated by persons whether or not related to the
victim.
(ii) Suspected child abuse
perpetrated by persons who are not family members.
(iii) Repeated physical injury to a child
under circumstances which indicate that the child's health or welfare is harmed
or threatened.
(iv) A missing child
report.
(10) Law
enforcement officials who shall immediately receive reports of suspected child
abuse from the county agency, when the initial report or initial review by the
county agency gives evidence that the alleged child abuse is one of the
following:
(i) Homicide, sexual abuse or
exploitation, or serious bodily injury perpetrated by persons whether or not
related to the child.
(ii) Child
abuse perpetrated by persons who are not family members.
(11) Designated county officials in reviewing
the competence of the county agency or its employes under the CPSL and this
chapter. Officials under this paragraph are limited to the following:
(i) The board of commissioners in counties
other than counties of the first class.
(ii) The mayor of a city of the first class
under the act of April 21, 1949 (P. L. 665, No. 155), known as the First Class
City Home Rule Act.
(iii) An
individual serving as a county chief executive as designated by a county home
rule charter or optional plan form of government under the act of April 13,
1972 (P. L. 184, No. 62), known as the Home Rule Charter and Optional Plans
Law.
(12) A subject of
the report upon written request.
(13) A person, agency or institution, upon
written consent of all subjects of the report may receive a copy of the reports
on file with the county agency and ChildLine.
(14) Individuals authorized by the Department
to conduct studies of data, if the study does not contain the name or other
information by which the subjects of reports may be identified.
(15) Required reporters of suspected child
abuse whose access to information is limited to the following:
(i) The final status of the report following
the investigation, whether it be indicated, founded or unfounded.
(ii) Services provided or arranged by the
county agency to protect the child from further child abuse. This information
may be released to the required reporter at any time after the report of
suspected child abuse has been made.
(16) A prospective adoptive parent, approved
by an adoption agency, when considering adopting an abused child in the custody
of a county agency. The adoption agency and the county agency having custody of
the child shall determine the scope and detail of information which shall be
provided so that the prospective parent may make an informed decision to adopt.
(17) Members of a local or State
child fatality review team authorized under sections 6340(a)(4) and 6343(b) of
the CPSL (relating to release of information in confidential reports; and
investigating performance of county agency), formally organized for the purpose
of assisting in the investigation of child death or the development and
promotion of strategies to prevent child death. The information shall be
provided only through staff of the county agency or Department who are members
of the team.
(b)
Prospective child care service employe applicants, prospective adoptive and
foster parents, prospective administrators and prospective operators of child
care services, and any person seeking voluntary certification may request and
receive information concerning whether there exists on file in the Statewide
Central Register indicated or founded reports of child abuse naming the person
as perpetrator of child abuse under section 6344 of the CPSL (relating to
information relating to prospective child-care personnel).
(c) Information on file at the Statewide
Central Register as a result of a request to amend or expunge a founded or
indicated report of child abuse under §§
3490.105 and
3490.105a (relating to request by
the subject of a founded or indicated report for expunction or amendment of an
abuse report when the report was received by ChildLine prior to July 1, 1995;
and request by a perpetrator to amend or expunge an indicated report of child
abuse received by ChildLine after June 30, 1995) may only be released to the
Secretary or Secretary's designees in the course of their official duties and
the Attorney General when conducting an audit under section 6345 of the CPSL
(relating to audits by Attorney General).
(d) A person, including a law enforcement
official, who willfully breaches the confidentiality or security of information
that the person received under this subsection, in addition to other civil or
criminal penalties provided by law, shall be denied access to any confidential
child abuse information in the future.
Notes
This section cited in 55 Pa. Code § 3490.92 (relating to requests by and referrals to law enforcement officials); 55 Pa. Code § 3490.93 (relating to requests by designated county officials); 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); 55 Pa. Code § 3490.95 (relating to release of information to required reporters); 55 Pa. Code § 3490.193 (relating to other provisions); and 55 Pa. Code § 3800.20 (relating to confidentiality of records).
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