The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
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.
Agent of the county agency-A person who provides a children and youth social service either directly or under contract or through agreement with a county agency.
Arrange-Make a service available to a client accepted for service through another agency or service provider which is not paid for by the county agency.
Certified medical practitioner-A licensed physician, a licensed physician's assistant or a certified registered nurse practitioner.
CPSL-The Child Protective Services Law, 23 Pa.C.S. §§ 6301-6385.
Child-A person under 18 years of age.
Child abuse-
ChildLine-An organizational unit of the Department which operates a Statewide toll-free system for receiving reports of suspected child abuse established under section 6332 of the CPSL (relating to establishment of Statewide toll-free telephone number), refers the reports for investigation and maintains the reports in the appropriate file. In addition, it also receives reports of student abuse under Subchapter C.1 of the CPSL (relating to students in public and private schools).
Child protective services-Those services and activities provided by the Department and each county agency for child abuse cases.
County agency-
County plan-A needs-based plan and budget estimate which serves as the basis for administration of the county children and youth social services program required by Chapter 3140 (relating to planning and financial reimbursement requirements for county children and youth social service programs).
Court designated advocate-A trained citizen volunteer appointed by the court to advocate on behalf of dependent children and alleged dependent children involved in juvenile court proceedings.
Crimes Code-Title 18 of the Pennsylvania Consolidated Statutes.
Department-The Department of Public Welfare of the Commonwealth.
Director of a hospital or other medical facility-The director or a person specifically designated in writing by the director to perform the functions under section 6315 of the CPSL (relating to taking child into protective custody) and this chapter.
Expunge-To strike out or obliterate entirely so that the stricken information may not be stored, identified or later recovered by any means-mechanical, electronic or otherwise.
Family members-Spouses, parents and children or other persons related by consanguinity or affinity. The term does not include foster parents, foster children and paramours.
Founded report-A child abuse report made under the CPSL and this chapter if there has been any judicial adjudication based on a finding that a child who is a subject of the report has been abused, including the entry of a plea of guilty or nolo contenderee or a finding of guilt to a criminal charge involving the same factual circumstances involved in the allegation of child abuse.
Indicated report-A child abuse report made under the CPSL and this chapter if an investigation by the county agency or the Department determines that substantial evidence of the alleged abuse exists based on any of the following:
Individual residing in the same home as the child-An individual who is 14 years of age or older and who resides in the same home as the child.
Juvenile Act-42 Pa.C.S. Chapter 63.
Law enforcement official-The term includes the following:
Medical evidence-Evidence provided by a licensed health care professional, including a physician, nurse practitioner, registered nurse, psychiatrist or licensed psychologist.
Paramour-A person who is engaged in an ongoing intimate relationship with a parent of the child but is not married to and does not necessarily reside with the child's parent.
Parent-A biological parent, adoptive parent or legal guardian.
Pending criminal court action-The status assigned to a report when the county agency cannot complete the investigation within 30-calendar days because criminal court action has been initiated.
Pending juvenile court action-The status assigned to a report when the county agency cannot complete the investigation within 30-calendar days because juvenile court action has been initiated.
Performance audit-A review of a county agency's practices and implementation of the CPSL and this chapter by persons designated by the Secretary.
Perpetrator-A person who has committed child abuse and is a parent of a child, a person responsible for the welfare of a child, an individual residing in the same home as the child or a paramour of the child's parent.
Person responsible for the child's welfare-
Physician-A person licensed under the statutes and regulations of the Commonwealth to practice medicine.
Protective services-Services and activities provided by the Department and each county agency for children who are abused or in need of general protective services under this chapter.
Provide-To perform an activity directly through county agency staff or ensure the performance of an activity through a purchase of service agreement with another agency or individual.
Recent act or failure to act-An act or failure to act committed within 2 years of the date of the report of suspected child abuse to the Department or county agency.
Regional staff-Department employes who license and monitor public and private children and youth social service agencies and facilities within a specific geographical area of this Commonwealth.
Required reporters-
Secretary-The Secretary of the Department or a person specifically designated in writing by the Secretary to perform the Secretary's functions under the CPSL and this chapter.
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:
Serious physical injury-An injury that does either of the following:
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:
Sexual abuse or exploitation-
Statewide Central Register-A register of child abuse and student abuse, established in the Department, which consists of founded and indicated reports of child abuse and student abuse.
Status determination-The decision made by the county agency that a child abuse or student abuse report is founded, indicated, unfounded, pending juvenile court action or pending criminal court action.
Subjects of the report-A child, parent, guardian or other person responsible for the welfare of a child or any alleged or actual perpetrator or school employe named in a report made to the Department or county agency under this subchapter.
Substantial evidence-Evidence which outweighs inconsistent evidence and which a reasonable person would accept as adequate to support a conclusion.
Unfounded report-A report made under the CPSL and this chapter unless the report is a founded report or an indicated report.
55 Pa. Code § 3490.4
This section cited in 28 Pa. Code §§611.5 (relating to definitions); 28 Pa. Code §611.53 (relating to child abuse clearance); 55 Pa. Code § 3490.143 (relating to definitions); and 55 Pa. Code § 3490.223 (relating to definitions).