G.V. v. DEPARTMENT OF PUBLIC WELFARE

No. 13 MAP 2013

91 A.3d 667 (2014)

G.V., Appellee v. DEPARTMENT OF PUBLIC WELFARE, Appellant.

Supreme Court of Pennsylvania.

Decided April 29, 2014.


Attorney(s) appearing for the Case

Anne L. Cooper, Esq. , Devine Law Offices, LLC, Lancaster, Jacquelyn Elizabeth Pfursich, Esq. , for Lancaster County Children and Youth Social Service Agency.

Mary Patricia Patterson, Esq. , Allen C. Warshaw, Esq. , Department of Public Welfare, Kenneth J. Serafin, Esq. , for Department of Public Welfare.

Michael Eugene Angelotti, Esq. , for City of Philadelphia Department of Human of Services.

Frank P. Cervone, Esq. , Support Center for Child Advocates, Thomas E. Zemaitis, Esq. , Pepper Hamilton LLP, Philadelphia, for Support Center for Child Advocates, et al.

Jason Kutulakis, Esq. , Abom & Kutulakis, L.L.P., Carlisle, for Pennsylvania Children and Youth Solicitors Association.

Janice L. Martino Longer, Esq. , Lancaster, for G.V.

Janet Fran Ginzberg, Esq. , Community Legal Services, for Community Legal Services & the ACLU of PA.

Richard Scott McEwen, Esq. , PA State Education Association (PSEA), for Pennsylvania State Education Association.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, STEVENS, JJ.


OPINION

Justice McCAFFERY.

The Department of Public Welfare ("DPW") appeals from the Commonwealth Court's vacatur and remand of a denial of expungement of an indicated report of child abuse from the statewide ChildLine Registry ("Registry"). DPW challenges the determination that clear and convincing evidence, as opposed to substantial evidence, is required to maintain an indicated report of child abuse. Upon review, we reverse and remand.

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