G.V. v. Commonwealth of PA Department of Public Welfare, No. 13 MAP 2013.  We wrote in support of the Pennsylvania Department of Public Welfare position that the standard of evidence for retention of an "indicated" report's status on the Child Abuse Registry should remain the long-standing statutory "substantial evidence" rather than "clear and convincing" standard.  

The case arises from the administrative appeal of an "indicated" finding in a child abuse investigation in Lancaster County, where a 16 year-old girl was found to have been sexually assaulted by her great-uncle. In requiring a "clear and convincing" standard of proof in child abuse expunction cases under the Child Protective Services Law, the Commonwealth Court overturned long-standing "substantial evidence" standard.  Our brief focused on the interests of the state in protecting children and their right to be free from harm.  We explored the nature of many child abuse events: one-on-one, otherwise secret events between an adult and a minor child, often with no physical evidence. A clear & convincing standard will likely result in countless abuse situations being unfounded and unabated. 

We want to recognize the outstanding service of pro bono counsel Tom Zemaitis and Melissa Hatch and their team at Pepper Hamilton LLP, as well as the wisdom and guidance of Child Advocates Board Member and Temple Law Professor Eddie Ohlbaum, along with Frank Cervone, Margie Gualtieri and Barry Kassel of Child Advocates staff.