Wednesday, February 17, 2021

child abuse - founded report based on ARD - right to admin. hearing

J.F. v. DHS – Pa. S.Ct.  February 17, 2021

 

Majority - http://www.pacourts.us/assets/opinions/Supreme/out/J-48-2020mo%20-%20104689937127731600.pdf?cb=1


Dissent - http://www.pacourts.us/assets/opinions/Supreme/out/J-48-2020do%20-%20104689937127731607.pdf?cb=1

 

In the absence of another appropriate forum to challenge DHS’s adjudication of child abuse in a recorded evidentiary hearing, a named perpetrator in a report designated as “founded” based upon the perpetrator’s voluntary entry into an accelerated rehabilitative disposition is entitled to an administrative hearing. We therefore affirm the Order of the Commonwealth Court.