Regulation detail

Pa. Code 5230.57

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Pa. Code 5230.57 active

Criminal history checks and child abuse certification

Jurisdiction: PA Agency: Pennsylvania Department of Human Services (OMHSAS) and Department of Drug and Alcohol Programs (DDAP)
OUTPATIENT (60%)
Plain-English summary

This regulation requires Psychiatric Rehabilitation Services (PRS) agencies to conduct criminal history background checks for staff who have direct contact with individuals receiving PRS. Agencies serving adults (18+) must have written policies governing personnel decisions based on background check results. Agencies serving adolescents (ages 14–17) must additionally complete child abuse certifications as required under Pennsylvania's Child Protective Services Law and must maintain corresponding written personnel policies.

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Regulation text
55 Pa. Code § 5230.57 - Criminal history checks and child abuse certification 

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(a)
 A PRS agency that serves individuals 18
 years of age or older shall complete a criminal history background check for
 staff that will have direct contact with individuals receiving PRS.

(b)
 A PRS agency that serves individuals 18
 years of age or older shall develop and consistently implement written policies
 and procedures regarding personnel decisions based on the results of criminal
 history background checks.

(c)
 A PRS
 agency that serves individuals 14 years of age or older but under 18 years of
 age shall complete criminal history background checks and child abuse
 certifications for staff as required under
 
23 Pa.C.S. §§
 
6301
- 6388
 (relating to Child Protective Services Law) and Chapter 3490 (relating to
 protective services).

(d)
 A PRS
 agency that serves individuals 14 years of age or older but under 18 years of
 age shall develop and consistently implement written policies and procedures
 regarding personnel decisions based on the results of criminal history
 background checks and child abuse certifications in accordance with
 
23 Pa.C.S. §§
 
6301
-
6388
 and Chapter
 3490.

Notes

55

 Pa. Code §
 
5230.57

Amended by
 
Pennsylvania
 Bulletin, Vol. 55, No. 03, January 18, 2025
, effective
 
1/18/2025

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