Justia Civil Procedure Opinion Summaries

Articles Posted in Pennsylvania Supreme Court
The Department of Public Welfare (DPW) appealed the Commonwealth Court's vacatur and remand of a denial of expungement of an indicated report of child abuse from the statewide ChildLine Registry. DPW challenged the determination that clear and convincing evidence, as opposed to substantial evidence, was required to maintain an indicated report of child abuse. Upon review, the Supreme Court concluded that the Commonwealth Court erred in requiring a "clear and convincing" evidentiary standard of proof in child abuse expunction cases under the Child Protective Services Law, and that the proper standard of proof is the legislatively established substantial evidence standard. Thus, the Court reversed the Commonwealth Court and remanded this case for that court to review pursuant to the substantial evidence standard. View "G.V. v. Penna. Dept. of Public Welfare" on Justia Law