J.W. v. Department of Public Welfare
2010 Pa. Commw. LEXIS 632
| Pa. Commw. Ct. | 2010Background
- J.W., K.W., and S.W. challenged DPW Bureau of Hearings and Appeals’ denial of expunction for indicated child abuse reports.
- N.W., born Feb. 18, 2007, suffered multiple injuries; caregivers included K.W., S.W., and J.W. (grandmother).
- Nov. 20–21, 2008: child evaluated; injuries included burns, lip injury, mouth lesions, rib fractures with non-accidental indications.
- County filed indicated reports Dec. 19, 2008; Petitioners appealed and sought expunction from the ChildLine Registry.
- ALJ credited hospital and CPS testimony finding non-accidental injuries and applied 23 Pa.C.S. § 6381(d) presumption against the Petitioners; appeals denied.
- Court reversed, finding waiver of the presumption and lack of substantial evidence linking specific petitioners to abuse.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 6381(d) presumption was waived. | C.W. argues presumption not raised at hearing invalidates it. | County contends presumption properly invoked. | Waived; presumption not properly raised at hearing. |
| Whether presumption applies when multiple caregivers are involved. | Presumption should not apply if cannot identify the abuser. | Presumption applies to the parent or other person responsible. | Presumption does not apply when multiple caregivers cannot be tied to abuse. |
| What standard of proof governs expunction when seeking to remove names from ChildLine Registry. | Indicated reports require substantial evidence beyond prima facie evidence. | Prima facie evidence may trigger presumption; expunction requires rebuttal. | Substantial evidence required; not met here. |
Key Cases Cited
- C.E. v. Department of Public Welfare, 917 A.2d 348 (Pa.Cmwlth. 2007) (presumption waived when not raised at hearing)
- C.S. v. Department of Public Welfare, 972 A.2d 1254 (Pa.Cmwlth. en banc) (dependency case; substantial evidence required for abuse finding; presumption can be revisited on remand)
- J.B. v. Department of Public Welfare, 898 A.2d 1221 (Pa.Cmwlth. 2006) (panel decision applying presumption; en banc implicitly overruled by C.S.)
- J.S. v. Department of Public Welfare, 528 Pa. 243 (Pa. 1991) (discussion of standard of proof in expunction cases (dicta))