T.W. v. Department of Public Welfare

DISSENTING OPINION BY

Judge LEAVITT.

The Child Protective Services Law defines a “perpetrator” as a person who provides care for a child “in lieu of’ the parent. 23 Pa.C.S. § 6303(a). The majority holds that one can be acting in lieu of a parent even if the parent is present, which departs from the words of the statute. In any case, the factual findings of the adjudication are so elliptical and contradictory, they escape meaningful appellate review. For these reasons, I respectfully dissent.

The ALJ found that T.W. (Grandfather) had sexually abused his step-granddaughter C.H. (Child) while…