Friday, July 30, 2010

child abuse - "person responsible for child's welfare"

Westmoreland Co. CYS v. DPW - Cmwlth. Court - July 29, 2010 - unreported memorandum decision

The court held that the ALJ erred in holding an alleged perpetrator of child abuse was not a "person responsible for the child's welfare," as defined in 23 Pa. C.S. ยง 6303(a), where the minor child was, in fact under the accused's "temporary care, supervision and control" of the accused "in lieu of parental care, supervision and control," in spite of the minor child's false statement to her parents about being with a friend rather than the accused.

The court held that "there is no requirement that a person responsible have been 'entrusted' with this responsibility, so the deception of [the minor's] parents as to her whereabouts is not relevant." It was sufficient that the accused was, in fact, in the position of a "person responsible for the child's welfare."