J.F. v. Dep't of Human Servs.

245 A.3d 658

J.F., Appellee

v.DEPARTMENT OF HUMAN SERVICES, Appellant

No. 72 MAP 2019

Supreme Court of Pennsylvania.

Argued: May 21, 2020

Decided: February 17, 2021

OPINION

JUSTICE DOUGHERTY

This appeal involves a founded report of child abuse, in which the "founded" designation resulted from the identified perpetrator's entry into an accelerated rehabilitative disposition (ARD) program with regard to criminal charges initiated for the same incident, as is authorized by the Child Protective Service Law (CPSL), 23 Pa.C.S. §§ 6301 - 6387. We granted discretionary review to determine whether such a perpetrator, seeking to challenge the founded report, is entitled an administrative hearing. For the following reasons, we affirm the Commonwealth Court's decision granting an administrative hearing.

I. Legal Background

We begin with a brief review of the requirements and consequences of the statutory and rule-based underpinnings of the proceedings in the lower tribunals.

A. Child Protective Service Law

Under the CPSL, "[t]he term ‘child abuse’ shall mean intentionally, knowingly or recklessly doing" any of an express list of ten forms of conduct including, inter alia , "[c]ausing bodily injury to a child through any recent act or failure to act[,]" "[c]reating a reasonable likelihood of bodily injury to a child through any recent act or failure to act[,]" and, as was alleged in this case, "[c]ausing serious physical neglect of a child." 23 Pa.C.S. § 6303(b.1)(1),(5),(7). Section 6303 further defines "serious physical neglect" as:

Any of the following when committed by a perpetrator that endangers a child's life or health, threatens a child's well-being, causes bodily injury or impairs a child's health, development or functioning:

(1) A repeated, prolonged or egregious failure to supervise a child in a manner that is appropriate considering the child's developmental age and abilities.

(2) The failure to provide a child with adequate essentials of life, including food, shelter or medical care."

Id . § 6303(a) (definition of "serious physical neglect").

Upon completion of an investigation of a report of child abuse, the Department of Human Services (DHS) or its designated county children and youth agency (county agency) categorizes the investigated report as "indicated," "founded," or "unfounded." Id . § 6368(n)(1). A report of suspected child abuse is "unfounded" if the report cannot be either indicated or founded. Id. § 6303(a) (definition of "unfounded report"). An "indicated" report is one wherein the determination relies on DHS's or the county agency's own assessment that their investigation revealed "substantial evidence of the alleged abuse by a perpetrator exists based on" available medical records, the child protective services investigation, or an "admission of the acts of abuse by the perpetrator." Id. (definition of "indicated report"). A report is "founded" as a result of a determination or disposition made by a judicial authority, external to DHS, but in reliance on the same factual circumstances involved in the allegation of child abuse. Id. (definition of "founded report"). The CPSL provides the following exhaustive list of situations in which a disposition external to DHS may serve as a basis for a founded report:

(1) There has been a judicial adjudication based on a finding that a child who is a subject of the report has been abused and the adjudication involves the same factual circumstances involved in the allegation of child abuse. The judicial adjudication may include any of the following:

(i) The entry of a plea of guilty or nolo contendere.

(ii) A finding of guilt to a criminal charge.

(iii) A finding of dependency under 42 Pa.C.S. § 6341 (relating to adjudication) if the court has entered a finding that a child who is the subject of the report has been abused.

(iv) A finding of delinquency under 42 Pa.C.S. § 6341 if the court has entered a finding that the child who is the subject of the report has been abused by the child who was found to be delinquent.

(2) There has been an acceptance into an accelerated rehabilitative disposition program and the reason for the acceptance involves the same factual circumstances involved in the allegation of child abuse.

(3) There has been a consent decree entered in a juvenile proceeding under 42 Pa.C.S. Ch. 63 (relating to juvenile matters), the decree involves the same factual circumstances involved in the allegation of child abuse and the terms and conditions of the consent decree include an acknowledgment, admission or finding that a child who is the subject of the report has been abused by the child who is alleged to be delinquent.

(4) A final protection from abuse order has been granted under section 6108 (relating to relief), when the child who is a subject of the report is one of the individuals protected under the protection from abuse order and:

(i) only one individual is charged with the abuse in the protection from abuse action;

(ii) only that individual defends against the charge;

(iii) the adjudication involves the same factual circumstances involved in the allegation of child abuse; and

(iv) the protection from abuse adjudication finds that the child abuse occurred.

Id . (emphasis added).

When a report of child abuse is substantiated as either indicated or founded, or amended from indicated or founded, the named perpetrator is provided with notice of the status, including the effect of a substantiated report upon future employment opportunities involving children, and the individual's name is added to the statewide child abuse database where it may remain indefinitely. Id . §§ 6331, 6338(a), 6368(f). A stated purpose of the statewide registry is to protect children from future abuse by the named perpetrator; consequently, the individual is subject to restrictions on certain interactions with children, including prohibitions on certain forms of housing, employment, and volunteer activities, including at schools and childcare facilities. See id . §§ 6302, 6344, 6344.1, 6344.2.

With respect to an individual's right to appeal a child abuse determination, Section 6341 of the CPSL, titled "Amendment or expunction of information" provides that "[a]ny person named as a perpetrator ... in an indicated report of child abuse" may either "request an administrative review by, or appeal and request a hearing before, the [DHS] secretary to amend or expunge an indicated report on the grounds that it is inaccurate or it is being maintained in a manner inconsistent with [the CPSL]." Id . § 6341(a)(2) (emphasis added). If a request for an administrative review is refused, the named perpetrator maintains the right to appeal and request a hearing. Id . § 6341(c). The CPSL prescribes that anyone "making an appeal under subsection (a)(2) or (c) [relating to "an indicated report"] shall have the right to a timely hearing to determine the merits of the appeal." Id . § 6341(c.2). Regarding founded reports, Section 6341 provides only that "[a] person named as a perpetrator in a founded report of child abuse must provide to the department a court order indicating that the underlying adjudication that formed the basis of the founded report has been reversed or vacated." Id . § 6341(c.1). Section 6341 is otherwise silent as to how a named perpetrator might challenge a founded report, seek administrative review, or request a hearing on the determination. See id. 6341.

B. Accelerated Rehabilitative Disposition

ARD is a pretrial disposition of certain cases, governed primarily by Chapter 3 of the Pennsylvania Rules of Criminal Procedure, which suspends formal criminal proceedings before conviction and provides the accused with certain rehabilitative conditions, the completion of which results in the dismissal of the pending criminal charges and a clean record for the defendant. See Pa.R.Crim.P. 314 - 319. Upon initiation of criminal proceedings, a defendant may request the district attorney for inclusion into an ARD. Id . 310. If the district attorney agrees and so moves, a hearing on the motion will be held in open court, wherein it is "ascertained on the record whether the defendant understands that: (1) acceptance into and satisfactory completion of the [ARD] program offers the defendant an opportunity to earn a dismissal of the pending charges;" and (2) failure to complete the program waives any applicable statute of limitations as well as the right to a speedy trial. Id . 312. If the defendant agrees, "the stenographer shall close the record." Id . 313(A). The judge then hears the facts presented by the district attorney, and any information the defendant and victim choose to present; with narrow exception, the defendant's statements cannot be used against her. Id . 313(B). After hearing the facts of the case and the circumstances of the defendant, if the judge believes they warrant accelerated rehabilitative disposition, "the judge shall order the stenographer to reopen the record and shall state to the parties the conditions of the program[ ]" otherwise, the case proceeds on the charges. Id . at 313(C). Once the record is reopened, the defendant must state whether she accepts the conditions and agrees to comply; if she agrees, the judge may grant the motion for ARD, enter an appropriate order both "deferring adjudication" as set forth in Rules 314 and 315, and imposing conditions, not to exceed a two-year period, as set forth in Rule 316. Id . 313(D)-316. Upon satisfactory completion of the program, a defendant may move the court for an order dismissing the charges, and if the motion is granted, the judge also enters an expungement order of the defendant's arrest record. Id . 320. However, if the defendant violates the conditions, the program may be terminated, in which case the case moves forward on the charges. Id . 318. Orders granting, denying, or terminating ARD are generally considered interlocutory and therefore not appealable until final resolution of the charges. See , e.g. , ...