S.D. v. Department of Human Services

Summary

The Commonwealth Court of Pennsylvania affirmed the dismissal of S.D.’s appeal seeking expungement of an indicated child-abuse report from the ChildLine registry. The court held that the appeal was untimely because a telephone call did not satisfy the applicable written-filing requirement and that nunc pro tunc relief was unwarranted because there was no administrative breakdown.

Holdings

1. A telephone call did not perfect S.D.'s appeal because the applicable statute and regulation required a filed appeal to be made in writing and postmarked within 45 days of the Department's notification letter.
2. S.D. was not entitled to nunc pro tunc relief because the Department's notice did not cause a breakdown in the administrative process.

Questions Presented

1. Whether S.D.'s alleged telephone call constituted a timely and valid appeal from the Department's denial of her request to expunge the indicated child-abuse report.
2. Whether S.D. was entitled to appeal nunc pro tunc based on an alleged breakdown in the administrative process caused by the Department's notice, which included a telephone number.

Disposition

affirmed