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J.H. v. DEPARTMENT PUBLIC WELFARE (04/11/83)

decided: April 11, 1983.

J.H., PETITIONER
v.
DEPARTMENT OF PUBLIC WELFARE, RESPONDENT



Appeal from the Order of the Office of Hearings and Appeals, Department of Public Welfare, in the case of Appeal of: J.H., File No. 21-80-1 J.S.

COUNSEL

Leon Ehrlich, for petitioner.

Mary Frances Grabowski, Assistant Counsel, for respondent.

Alfred W. Crump, Jr., for Berks County Children and Youth Services.

Robert J. Manara, Guardian Ad Litem on behalf of J.S.

President Judge Crumlish, Jr. and Judges MacPhail and Doyle, sitting as a panel of three. Opinion by President Judge Crumlish, Jr.

Author: Crumlish

[ 73 Pa. Commw. Page 370]

J.H. appeals from a Department of Public Welfare (DPW) order which adopted the recommendation of the Hearing Officer denying his request to expunge his child abuse record. We affirm.

On January 31, 1980, J.H. attempted to administer corporal punishment to his stepson, J.S., by striking him across the buttocks with an oak stick. The child, however, spun around and ducked and the blow struck him on the head resulting in a laceration requiring six sutures.

A report of alleged abuse about the incident was filed with the Berks County Child Protective Service. After an investigation, the report was assigned the status of "indicated"*fn1 by the Service and filed in the statewide Central Registry. J.H. requested the Department to expunge the report. When this was denied, J.H. requested a hearing. The Hearing Officer

[ 73 Pa. Commw. Page 371]

    recommended that J.H.'s record of child abuse not be expunged.

Section 15(d) of the Child Protective Services (CPS) Law*fn2 specifies the grounds upon which a child abuse report must be expunged: first, the report is inaccurate and/or second, the report is being ...


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