G.V. v. Department of Public Welfare

Summary

The Pennsylvania Supreme Court considered the evidentiary standard applicable in proceedings seeking expungement of an indicated child-abuse report from the ChildLine Registry. The Court held that the legislatively established substantial-evidence standard, rather than a clear-and-convincing-evidence standard, governs whether the report should be maintained. It reversed the Commonwealth Court and remanded for review under the substantial-evidence standard.

Holdings

1. The proper evidentiary standard in a Child Protective Services Law expungement proceeding is the legislatively established substantial-evidence standard, not clear and convincing evidence.
2. Use of the substantial-evidence standard to maintain an indicated child-abuse report in the Registry does not, on the record and statutory scheme presented, violate due process.

Questions Presented

1. Whether the Child Protective Services Law requires clear and convincing evidence, rather than substantial evidence, to maintain an indicated child-abuse report in the ChildLine Registry after an expungement hearing.
2. Whether applying the legislatively established substantial-evidence standard violates the accused person's constitutional reputation and due-process interests.

Disposition

reversed_and_remanded