P.R. v. Commonwealth, Department of Public Welfare, Office of Hearings & Appeals

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. The Department of Public Welfare (hereinafter “DPW”) denied the expungement, applying a foreseeability standard and concluding that the injury resulted…