Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 63 - Child Protective Services
Section 6370 - Voluntary or court-ordered services; findings of child abuse


(a) General rule.--Based on the investigation and evaluation conducted pursuant to this chapter, the county agency shall provide or contract with private or public agencies for the protection of the child at home whenever possible and those services necessary for adequate care of the child when placed in protective custody. Prior to offering these services to a family, the agency shall explain that it has no legal authority to compel the family to receive the services but may inform the family of the obligations and authority of the county agency to initiate appropriate court proceedings.
(b) Initiation of court proceeding.--
(1) In those cases in which an appropriate offer of service is refused and the county agency determines that the best interests of the child require court action, the county agency shall initiate the appropriate court proceeding. The county agency shall assist the court during all stages of the court proceeding in accordance with the purposes of this chapter.
(2) (i) If the county agency deems it appropriate in a dependency or delinquency proceeding, including an instance in which the alleged perpetrator has access or poses a threat to a child, the county agency may petition the court under 42 Pa.C.S. Ch. 63 (relating to juvenile matters) for a finding of child abuse.
(ii) If the court makes a specific finding that child abuse as defined by this chapter has not occurred, the county agency shall consider the court's finding to be a determination that the report of suspected abuse was an unfounded report. The county agency shall immediately notify the department of the change in the status of the report from an indicated report to an unfounded report. Upon notice, the department shall be responsible for expunging the indicated report consistent with the expunction requirements of this chapter.
(iii) If there is a determination that the subjects of the unfounded report need services provided or arranged by the county agency, the county agency may retain those records only if it specifically identifies the report as an unfounded report of suspected child abuse.
(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995)

Cross References. Section 6370 is referred to in section 6340 of this title.

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 23 - DOMESTIC RELATIONS

Chapter 63 - Child Protective Services

Extra - Chapter Notes

Section 6301 - Short title of chapter

Section 6302 - Findings and purpose of chapter

Section 6303 - Definitions

Section 6304 - Exclusions from child abuse

Section 6305 - Electronic reporting

Section 6306 - Regulations

Section 6311 - Persons required to report suspected child abuse

Section 6311.1 - Privileged communications

Section 6312 - Persons encouraged to report suspected child abuse

Section 6313 - Reporting procedure

Section 6314 - Photographs, medical tests and X-rays of child subject to report

Section 6315 - Taking child into protective custody

Section 6316 - Admission to private and public hospitals

Section 6317 - Mandatory reporting and postmortem investigation of deaths

Section 6318 - Immunity from liability

Section 6319 - Penalties

Section 6320 - Protection from employment discrimination

Section 6331 - Establishment of Statewide database

Section 6332 - Establishment of Statewide toll-free telephone number

Section 6333 - Continuous availability of department

Section 6334 - Disposition of complaints received

Section 6334.1 - Responsibility for investigation

Section 6335 - Access to information in Statewide database

Section 6336 - Information in Statewide database

Section 6337 - Disposition and expunction of unfounded reports and general protective services reports

Section 6338 - Disposition of founded and indicated reports

Section 6338.1 - Expunction of information of perpetrator who was under 18 years of age when child abuse was committed

Section 6339 - Confidentiality of reports

Section 6340 - Release of information in confidential reports

Section 6340.1 - Exchange of information

Section 6341 - Amendment or expunction of information

Section 6342 - Studies of data in records

Section 6343 - Investigating performance of county agency

Section 6343.1 - Citizen review panels

Section 6344 - Employees having contact with children; adoptive and foster parents

Section 6344.1 - Information relating to certified or licensed child-care home residents

Section 6344.2 - Volunteers having contact with children

Section 6344.3 - Continued employment or participation in program, activity or service

Section 6344.4 - Recertification

Section 6345 - Audits by Attorney General

Section 6346 - Cooperation of other agencies

Section 6347 - Reports to Governor and General Assembly

Section 6348 - Regulations

Section 6349 - Penalties

Section 6361 - Organization for child protective services

Section 6362 - Responsibilities of county agency for child protective services

Section 6363 - County plan for protective services

Section 6364 - Purchasing services of other agencies

Section 6365 - Services for prevention, investigation and treatment of child abuse

Section 6366 - Continuous availability to receive reports

Section 6367 - Reports to department and coroner

Section 6368 - Investigation of reports

Section 6369 - Taking child into protective custody (Repealed)

Section 6370 - Voluntary or court-ordered services; findings of child abuse

Section 6371 - Rehabilitative services for child and family

Section 6372 - Protecting well-being of children maintained outside home

Section 6373 - General protective services responsibilities of county agency

Section 6374 - Principles and goals of general protective services

Section 6375 - County agency requirements for general protective services

Section 6376 - Appeals with respect to general protective services

Section 6377 - Caseloads

Section 6378 - Purchase of services

Section 6381 - Evidence in court proceedings

Section 6382 - Guardian ad litem for child in court proceedings (Repealed)

Section 6383 - Education and training

Section 6384 - Legislative oversight

Section 6385 - Reimbursement to county agencies

Section 6386 - Notification to department and development of plan of safe care for children under one year of age

Section 6387 - Pandemic of 2020

Section 6388 - Task Force on Child Pornography