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P.R. v. DEPT. OF PUBLIC WELFARE

801 A.2d 478 (2002)

P.R., Appellee v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, OFFICE OF HEARINGS AND APPEALS; and, City of Philadelphia, Department of Human Services, Appellants.

Supreme Court of Pennsylvania.

Decided July 16, 2002.

Reargument Denied September 6, 2002.

Attorney(s) appearing for the Case

Mary Cornelia Walsh, Philadelphia, for appellant, Com., DPW.

Harry S. Tischler, Philadelphia, for appellant amicus curiae, School Dist. of Phila.

Eleanor N. Ewing, Philadelphia, for appellant amicus curiae, Juvenile Law Center.

Elizabeth A. Ensminger, Terrence F. McVerry, Pittsburgh, for appellant amicus curiae, Allegheny Co. Office of Children, Youth & Families.

Nadia T. Hewka, Philadelphia, for appellee, P.R.

Louis S. Rulli, Philadelphia, Terry L. Fromson, for appellee amicus curiae, Women Law Project.

Gail Karen Lopez Henriquez, Philadelphia, for appellee amicus curiae, Nat. Union of Hosp. and Health Care Employees.

Elise Michelle Bruhl, Philadelphia, for intervenor, City of Philadelphia, DHS.

Before ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION

Justice CAPPY.

This appeal arises from the denial of a request for expungement, pursuant to the terms set forth in the Child Protective Services Act, 23 Pa.C.S.A. § 6301, 6341 (hereinafter the "Act"). It presents the question of what standard should apply where a child experiences a serious injury resulting from an incident of corporal punishment and a determination must be made as to whether the injury resulted from abuse or accident...

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