June 21, 2023: Douglas P. Earl, Esquire represented L.P. against a finding she was a perpetrator of child abuse by the Children and Youth Division of the Department of Human Services. The Hearing was before the Bureau of Hearings and Appeals of the Department of Human Services of Pennsylvania.
L.P. wins!
L.P. was accused of Child Abuse because a pill box was containing a pink ecstasy pill was unzippered. L.P. was with her child. L.P. was a selecting a television program and did not see the child take the pill out of the pill box during a period of only a minute. L.P. took immediate action when she noticed what happened. The child was immediately taken to the hospital. The child showed no signs ecstasy ingestion although there was pink residue on the lips of the child.
The Judge agreed that L.P. did not commit Child Abuse. The Law Derpartment and DHS vigorously pursued a case of Child Abuse against L.P. This is where you need protection. A Finding of Child Abuse can prevent you from working around children. Mr. Earl has protected people against overzealous social workers.
Local children and youth agencies in the Commonwealth are also entrusted with the responsibility for investigating allegations of child abuse, and determining whether reports are “founded,” “indicated” or “unfounded.” A “founded report” is defined as “a report made if there has been any judicial adjudication based on a finding that a child who was a subject of the report has been abused.” An “indicated report” is where the local children and youth agency determines there is substantial evidence of the alleged abuse. An “unfounded report” is a report which is neither founded nor indicated.
The Child Protective Services Act directs that the State maintain a central register of child abuse consisting of founded and indicated reports. It is important that your name not be on the central registry. Founded or indicated Child Abuse findings by Children and Youth can also be used against you in custody proceedings.
Douglas P. Earl, Esquire knows how to fight against Children and Youth. Do not be intimidated. Mr. Earl will fight for you. You will be surprised how one decision by a social worker assigned to investigate a claim of child abuse against you may set in motion a whole series of events which start taking away your rights. You will also be surprised that a decision by a social worker or therapist may be biased and not supported by the evidence.
• E.B. In Re: M.L BHA Docket No. 021-18-0933: Children and Youth division of Philadelphia Department of Human Services filed an indicated report of child abuse against Father based upon bruises. Judge grants appeal and orders child abuse record expunged. Judge rules no substantial evidence of impairment or substantial pain.