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The Office of Children and Youth Services is the county agency that provides child protective services and investigates child abuse reports. It has the legal authority granted it by law which gives them an obligation to provide services when needed and which grants them the right "to explore, study and evaluate" the facts.
The investigators must decide whether the child was abused and, if so, who was responsible for the abuse and whether the investigators have adequate evidence to support their conclusions. By examining the totality of the evidence, including statements by witnesses, medical and psychological information, and crime scene and other circumstantial evidence, investigators decide whether they can substantiate the case and assign an "Indicated" status. In the Commonwealth of Pennsylvania , substantiation of an allegation of child abuse is defined by the evidentiary standards of "substantial evidence." An allegation is typically labeled "Unfounded" when an investigator is unable to document the abuse to the required evidentiary standard. This means that there might not have been sufficient information regarding the allegation or the identity of the family, or that the state law contained narrow criteria for substantiating a case.
If, after a thorough investigation, it is determined that the child is in need of substitute care, then the child is placed in temporary foster care or in another safe placement alternative until the immediate danger has passed and services can be provided for the child and family. Sometimes criminal child abuse charges have to be filed depending on the nature and the severity of the abuse/neglect. There is a range of legal penalties for child maltreatment that varies from ordering the perpetrator into therapy to incarceration.
Persons who have reported suspected child maltreatment are allowed to know whether or not their suspicions were founded and what steps the investigation agency took to protect the child. Mandated reporters of child abuse, because they have an ongoing legal obligation to report, need to know the circumstances of an investigation so that they can keep track of any conditions that might further endanger the child. Professionals who work with child victims may have to know information in order to treat the victims in their care. The most difficult confidentiality issue to resolve concerns the reporting individual's need to know versus the family's right to privacy. The child welfare agency may give feedback that indicates that the reporter was right in making a referral and that the agency will be working with the family.
If you are unsure of the legal and societal definitions of abuse/neglect, contact the ChildLine and Abuse Registry by calling toll free, within Pennsylvania 1-800-932-0313 for information. Knowing how, when, and what to report about child abuse and neglect may make a life or death difference for a child.
** Adapted from Prevent Child Abuse America and the National Clearinghouse on Child Abuse and Neglect (NCCAN)
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