S.T. v. DPW - Cmwlth Court - December 4, 2008 (order directing publication of Sept. 24th opinion)
http://origin-www.courts.state.pa.us/OpPosting/Cwealth/out/91CD08_12-4-08.pdf
Denial of expungment affirmed
photographic evidence showed "severe pain"
Photographic evidence held to be sufficient proof of severe pain. "A finding that a child has suffered severe pain does not need to be supported by witness testimony or medical evidence. D.N. v. DPW, 562 A.2d 433 (Pa. Cmwlth. 1989). In fact, this Court has concluded that photographs alone of a child’s injuries may support a finding that the injuries caused the child severe pain. City of Philadelphia, Office of Children, Youth and Family Services v. DPW, 767 A.2d 10 (Pa. Cmwlth. 2001).
The ALJ said the the photots "show bruises over much of the child’s body. The picture of the extensive bruising from the child’s abdomen to his groin is especially graphic. As such, the pictures depict the result of a savage beating that was far removed from any acceptable corporal punishment." From the photos one could "reasonably infer that the injuries caused severe pain."
petitioner was one of the "perpetrators" of the abuse
Petitioner/mother was held to be a perpetrator of the abuse, even thought it was her boyfriend who inflicted most of it. The " standard to be used when evaluating a perpetrator’s actions in administering corporal punishment is whether or not her actions equals that of criminal negligence. P.R. v. DPW, 569 Pa. 123, 801 A.2d 478 (2002)."
A person is criminal negligent "with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that the actor’s failure to perceive it, considering the nature and intent of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor’s situation. 18 Pa. C.S. § 302(b)(4).
Petitioner, by her own testimony, decided to abdicate her parental responsibilities regarding discipline to her boyfriend. She then also chose not to be present in the room where she knew her son was being hit with a belt. Upon hearing her son cry, she entered his room. Once in the room, Petitioner did not suggest that she made any attempt to determine whether the punishment her son was receiving was appropriate. She did not raise any questions as to the force being used to hit the child or the location of the blows on his body. Instead, Petitioner’s only concern upon entering the room was to further punish S.P. for violating her “no crying while taking a beating” rule. After hitting S.P. herself, she chose to return the belt to her boyfriend so he could continue the punishment. She then left the room, again choosing not to monitor the situation. As such, Petitioner’s acts and omissions equal a gross deviation from the standard of care that a reasonable person would observe in the actor’s situation.
