J.K. v. Dept. of Human Services –
Cmwlth. Court – January 30, 2018
Generally, “[d]eterminations as to
credibility and evidentiary weight will not be disturbed on appeal absent an
abuse of discretion.” F.V.C. v. DPW, 987 A.2d 223, 228 (Pa. Cmwlth. 2010). When
the factfinder does not observe the testimony that is the basis of the
evidence, a more thorough review of credibility determinations is required. See
McElwee v. SEPTA, 948 A.2d 762, 774 n.10 (Pa. 2008). In McElwee, the Supreme Court stated that, “[t]he need for an
articulated, reasoned basis for rejecting such testimony seems especially
pronounced where, as here, the trial court did not observe witness demeanor
but, instead, merely reviewed the deposition transcripts and documentary
exhibits.” Id. A factfinder’s credibility determinations cannot be arbitrary.
Id.
