BB (BL) v. Department of Public Welfare
17 A.3d 995
| Pa. Commw. Ct. | 2011Background
- B.B. (B.L.) is the paternal grandmother and periodic caregiver to M.B. and C.B., born May 2, 2008.
- DHS conducted investigations resulting in two indicated child abuse reports against B.B.: Report 25 (October 22, 2008) and Report 98 (November 18, 2008).
- B.B. sought expungement of both indicated reports and a joint hearing was held before an ALJ.
- Medical stipulations by two experts concluded injuries were consistent with child abuse; the ALJ treated these as evidence of abuse and applied a CPSL presumption.
- The ALJ found B.B. and the paternal grandfather were responsible for the children’s welfare during the injury window and that B.B. was one of two caretakers when injuries occurred.
- The Bureau denied expungement; DPW adopted the decision; B.B. appealed to the Commonwealth Court seeking expungement reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 6381(d) presumption applies when multiple caregivers are involved | B.B. argues presumption applies to a single caregiver only. | DHS argues presumption can apply to one of multiple caregivers during the window. | Presumption cannot apply to multiple caregivers; reversed. |
| Whether the Bureau’s factual weight and credibility determinations were properly respected on appeal | B.B. contends certain testimony should shift weight to negate abuse. | Bureau as fact-finder determines credibility; appellate review no reweighting. | Bureau’s credibility determinations affirmed; no reversible error. |
| Whether the medical stipulations alone suffice to sustain denial of expungement | Stipulated medical opinions show abuse; should not foreclose expungement. | Stipulations constitute substantial evidence of abuse supporting denial. | Stipulations considered, but issue resolved by improper application of § 6381(d); not dispositive. |
Key Cases Cited
- J.B., In re: D.T. v. Department of Public Welfare, 898 A.2d 1221 (Pa. Cmwlth. 2006) (presumption applies where single caregiver; not on point when multiple caregivers exist)
- C.S. v. Department of Public Welfare, 972 A.2d 1254 (Pa. Cmwlth. 2009) (expungement standard; sufficiency of evidence review)
- Bucks County Children and Youth Social Services Agency v. Department of Public Welfare, 808 A.2d 990 (Pa. Cmwlth. 2002) (substantial evidence standard; objective review on expungement)
- J.W. v. Department of Public Welfare, 9 A.3d 270 (Pa. Cmwlth. 2010) (presumption not applicable when child cared for by multiple persons)
- C.E. v. Department of Public Welfare, 917 A.2d 348 (Pa. Cmwlth. 2007) (presumption limitations; multiple caregivers)
- D.T. v. Department of Public Welfare, 873 A.2d 850 (Pa. Cmwlth. 2005) (Bureau is ultimate fact finder; substantial evidence standard)