Appeal from the Order of the Department of Public Welfare in case of E.S., File No. 28-82-7, Re: B.S.
H. Stanley Rebert, for petitioner, York County Children and Youth Services.
Suzanne H. Griest, for appellee.
Joseph R. Adamczyk, Jr., Anstine & Anstine, for child advocate.
Judges Williams, Jr., Barry and Colins, sitting as a panel of three. Opinion by Judge Colins.
[ 82 Pa. Commw. Page 169]
York County Children and Youth Services (Youth Services) appeals from a Department of Public Welfare (DPW) Order which adopted the recommendation of the Hearing Officer granting E.S.'s (Father) request to expunge his child abuse record.
E.S. had appealed*fn1 the findings of a caseworker employed by Youth Services of indicated*fn2 abuse. DPW's Office of Hearings and Appeals sustained the appeal of the Father and expunged the indicated abuse report.
On February 26, 1982, E.S. attempted to administer corporal punishment to his son (B.S.). He struck his son several times with a belt.
On the above date, B.S.'s Mother, who is E.S.'s exwife, picked him up for a visit. Upon learning of the
[ 82 Pa. Commw. Page 170]
method of punishment, B.S.'s Mother took him to the emergency room at York Hospital where he was examined by Dr. Farkas. The doctor found that the child had sustained a slightly-raised welt in the lower right-hand portion of his back. There was no abrasion in the area and no bleeding.
Based upon his examination and a telephone consultation with Dr. Charles Reilly, Dr. Farkas filed a Child Abuse Report. The matter was referred by Youth Services to a caseworker. After an investigation, the caseworker found that E.S. had struck B.S. causing an injury to him. The caseworker determined that it was ...