Monday, March 22, 2010

child abuse - expungement - "serious mental injury"

In re C.B. - Cmwlth. Court - March 22, 2010 - unpublished memorandum opinion


http://www.pacourts.us/OpPosting/Cwealth/out/1214CD09_3-22-10.pdf


Held, the evidence of abuse did not fall within the definition of a serious mental injury in Section 6303(a) of the Child Protective Services Law, 23 Pa. C.S. ยง 6303(a), which is defined a psychological condition which : (1) renders a child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic or in reasonable fear that the child's life or safety is threatened; or (2) seriously interferes with a child's ability to accomplish age-appropriate developmental and social tasks.

To fall within the definition of a serious mental injury in Section 6303(a) of the Law, the child's condition must have rendered him to suffer a chronic and severe psychological condition, placed him in reasonable fear that his life or safety was threatened, or seriously interfered with his ability to accomplish developmental and social tasks appropriate for his age. The evidence accepted by the ALJ and the Bureau satisfied none of these elements of serious mental injury, citing In Luzerne County Children and Youth Services v. DPW, 550 A.2d 604 (Pa. Cmwlth. 1988). The court thus reversed the final DPW order.

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UC - willful misconduct - mandatory overtime

Phillips v. UCBR - Cmwlth. Court - March 22, 2010 - unpublished memorandum opinion


http://www.pacourts.us/OpPosting/Cwealth/out/2086CD09_3-22-10.pdf

Refusal to work mandatory overtime without good cause when an employee knows it is required constitutes willful misconduct. Waltz v. UCBR, 533 A.2d 199 (Pa. Cmwlth. 1987).


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