The opinion of the court was delivered by: Senior Judge Flaherty
BEFORE: HONORABLE BERNARD L. McGINLEY, Judge, HONORABLE RENÉE COHN JUBELIRER, Judge, HONORABLE JIM FLAHERTY, Senior Judge.
Bucks County Children and Youth Social Services Agency (CYS) petitions for review from an order of the Department of Public Welfare Bureau of Hearings and Appeals (BHA) which adopted the recommendation of the Administrative Law Judge (ALJ), sustained the appeal of C.G. and ordered the expungement of C.G.'s record from the Childline Registry. We affirm.
The ALJ's findings can be summarized as follows. A.G. is a female child, who was born on August 26, 1991. At the time of the incident in question, A.G. was fourteen years old. A.G. was living with her father, C.G., her mother and other family members in the family home located in Levittown, Pennsylvania. In the spring of 2006, C.G. purportedly forced A.G. to undress in front of him and to touch his penis while she was tickling him.
During the summer of 2006, all of A.G.'s family lived with the maternal grandparents near Jim Thorpe, Pennsylvania. As the family was preparing to return home to Levittown in August of 2006, A.G. told her grandmother of the incidents in the spring where C.G. had forced her to touch his penis while she was tickling him and that he had twice undressed her. A.G. then got into a car with her mother. C.G., the father, went in a separate car and all returned to Levittown. After arriving in Levittown, A.G. fled and was picked up by her grandparents. A.G. then remained in the custody of the grandparents and attended Jim Thorpe High School.
In November, 2006, while in counseling, A.G. reported the alleged abuse to the counselor. This resulted in a Childline report and an investigation by CYS.
Ms. Publick of CYS interviewed A.G. on November 12, 2006. A.G. told her that she had been tickling C.G. since she was five. A.G. explained that tickling included tickling, rubbing and massaging C.G. on his back, stomach, legs and inner thigh/groin area for as long as an hour at a time. A.G. would be responsible for removing certain items of C.G.'s clothing beforehand and he would be wearing only boxers or briefs during the incidents. A.G. also stated that there were two occasions in which C.G. removed all of her clothing.
Ms. Publick also interviewed C.G., who denied having inappropriate sexual contact with his daughter. Ms. Publick reported that she indicated the report, because A.G. was clear and consistent.
B.M., a friend of A.G., stated that A.G. told her that the incidents did occur. A month or two later, A.G. told B.M. that the incidents did not occur.
A.G.'s maternal grandmother testified that A.G. told her that C.G. made her touch his penis and had made her undress in front of him twice.
The mother of A.G. testified that A.G. told her that the story was untrue, immediately after the grandmother confronted them about it in August 2006, as they were preparing to return to live in Levittown. Upon arriving home in Levittown, A.G. told her mother that the allegations were untrue.
A.G. also testified. She testified that no abuse occurred. A.G. credibly and consistently stated that she lied when she told her grandmother, the caseworkers, and the police that her father forced her to undress in front ...