CPS GPS Regulation Crosswalk 3490 - Child protection

1 Pennsylvania Partnerships for Children 4/10/12 1 DEFINITIONSi Child Protective Services Definitions. Accept for service The county agency decides on the basis of the needs and problems of an individual to admit or receive the individual as a client of the agency or as required by a court order entered under the Juvenile Act. Child abuse (i) The term Child abuse means any of the following: (A) Any recent act or failure to act by a perpetrator which causes nonaccidental serious physical injury to a Child .

2 (B) An act or failure to act by a perpetrator which causes nonaccidental serious mental injury to or sexual abuse or exploitation of a Child . (C) A recent act, failure to act or series of the acts or failures to act by a perpetrator which creates an imminent risk of serious physical injury to or sexual abuse or exploitation of a Child . (D) Serious physical neglect by a perpetrator constituting prolonged or repeated lack of supervision or the failure to provide the essentials of life, including adequate medical care, which endangers a Child s life or development or impairs the Child s functioning.

3 (ii) A Child will not be deemed to be physically or mentally abused based on injuries that result solely from environmental factors that are beyond the control of the parent or person responsible for the Child s welfare, such as inadequate housing, furnishings, income, clothing and medical care. (iii) If, upon investigation, the county agency determines that a Child has not been provided needed medical or surgical care because of seriously held religious beliefs of the Child s parents, guardian or person responsible for the Child s welfare, which beliefs are consistent with those of a bona fide religion, the Child will not be deemed to be physically or mentally abused.

4 The county agency shall closely monitor the Child and shall seek court-ordered medical General Protective Services Definitions. In addition to the definitions in (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 .

5 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.

6 CPS GPS Regulation Crosswalk 3490 Pennsylvania Partnerships for Children 4/10/12 2 Child Protective Services intervention when the lack of medical or surgical care threatens the Child s life or long-term health. In cases involving religious circumstances, all correspondence with a subject of the report and the records of the Department and the county agency may not reference Child abuse and shall acknowledge the religious basis for the Child s condition, and the family shall be referred for general protective services, under Subchapter C of the CPSL (relating to general protective services), if appropriate.

7 Serious bodily injury Injury which creates a substantial risk of death or which causes serious permanent disfigurement or protracted loss or impairment of the function of a body member or organ. Serious mental injury A psychological condition as diagnosed by a physician or licensed psychologist, including the refusal of appropriate treatment, that does either of the following: (i) Renders the Child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic or in reasonable fear that the Child s life or safety is threatened.

8 (ii) Seriously interferes with the Child s ability to accomplish age-appropriate developmental and social tasks. Serious physical injury An injury that does either of the following: (i) Causes the Child severe pain. (ii) Significantly impairs the Child s physical functioning, either temporarily or permanently. Serious physical neglect A physical condition caused by the act or failure to act of a perpetrator which endangers the Child s life or development or impairs the Child s functioning and is the result of one of the following: (i) Prolonged or repeated lack of supervision.

9 (ii) Failure to provide essentials of life, including adequate medical and dental care. Sexual abuse or exploitation (i) Any of the following if committed on a Child by a perpetrator: (A) The employment, use, persuasion, inducement, enticement or General Protective Services (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.

10 (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 .