Child abuse is a serious and unfortunate problem that occurs across the Commonwealth of Pennsylvania, including Clearfield County. One reason why child abuse is so tragic is because of how hard it can be to identify and stop. To help remedy this challenge, Pennsylvania has a ChildLine system in place. This system allows individuals to report suspected child abuse, with these reports getting referred to the appropriate local government agency to investigate the allegations.
One of the advantages of this system is the ease with which almost anyone can report possible child abuse. But this advantage comes with the unfortunate cost of innocent people being falsely accused of child abuse. This might occur on accident or on purpose, but regardless of the motivation, getting "ChildLined" or placed on the ChildLine registry can be devastating to those accused.
With so much at stake, it's critical to get the best legal defense possible when facing accusations of child abuse. The LLF Law Firm Criminal Defense Team has years of experience fighting child abuse accusations, including those made through ChildLine. Our knowledgeable lawyers can help Clearfield County residents deal with ChildLine referrals and investigations. Set up a consultation by calling us at 888-535-3686, or using our online form.
Having your name placed on the ChildLine registry can lead to losing a professional license, being denied a job, or not being allowed to volunteer with organizations that work with children. It could also lead to significant changes in any child custody arrangements you might have in place. Even if none of these things happen, your reputation can still be destroyed.
How Does the Pennsylvania's ChildLine System Work?
The Pennsylvania Department of Human Services operates the ChildLine system, which has two ways to report possible child abuse. First, there's a 24-hour hotline that's available to most people who aren't mandatory reporters. As a result, anyone can report potential child abuse, and they can do so anonymously. Second, there's an online Child Welfare Portal for mandatory reporters to electronically report alleged child abuse.
How ChildLine Referrals Work in Clearfield County
After the call or online report is made, it gets referred to the appropriate local government agency to investigate the claim. This referral usually occurs within 24 hours of the electronic report or phone call coming into the ChildLine system.
In Clearfield County, the Clearfield County Children, Youth, and Family Services (CYFS) department usually receives the referral. CYFS handles ChildLine referrals that concern child abuse that occurs in its county, as well as abuse of children who live in the county.
Before the investigation begins, CYFS must determine if the allegations in the report constitute child abuse. If they do, CYFS has 60 days to conduct its investigation and determine if child abuse exists. This investigation may include interviews with anyone who has information about the reported child abuse. Spouses, siblings, children, friends, and co-workers could potentially participate in the interview. If necessary, other professionals, such as law enforcement and other social service professionals, could get involved.
Even though a ChildLine-related investigation into child abuse isn't a criminal matter, it can easily become one with ChildLine and criminal investigations occurring at the same time. Even if no criminal action occurs, there could be administrative consequences the accused might have to deal with during the investigation. For example, if they're a licensed professional, the applicable state board or professional authority might be informed about the allegations and could take their own action. This includes imposing penalties, like suspending the accused's professional license or certification.
What Happens After the Investigation by CYFS?
After the investigation, the CYFS will usually reach one of three conclusions. If they conclude that child abuse exists, they will say the report made to ChildLine is "indicated." This conclusion means the investigators found substantial evidence of child abuse. In addition to potentially referring the matter to the appropriate authorities (like the police, who may conduct their own criminal investigation assuming one hasn't already started), your name gets added to the ChildLine registry.
The ChildLine registry is a nonpublic list, meaning members of the general public can't access it. Despite this, you want to avoid getting placed on the registry because some employers can still see who's on the list. If you're applying for a job, it could mean they refuse to make you a job offer.
If you already have a job, it could result in you getting fired. This sounds unfair, but Pennsylvania is an "at-will" state. This means employers can usually fire their employees at any time and for any reason (or no reason at all). The only time they can't do this is when there's a contract that says otherwise, or the firing would be illegal. Getting fired because the CYFS concluded you committed child abuse is unlikely to be an illegal reason.
Getting placed on the ChildLine registry also means it may be more difficult or impossible to volunteer, such as at your church or child's school.
Another result from a CYFS investigation is that they can conclude the report is "founded." A child report is founded if there's a judicial action that finds substantial evidence of child abuse. This can include a judge or jury finding you guilty of a child abuse-related crime. As you can imagine, a child abuse report that's founded will also add your name to the ChildLine registry.
If the CYFS decides no child abuse exists, they will say the report is "unfounded." In this situation, your name isn't added to the ChildLine registry. As good as this sounds, it doesn't always mean you're in the clear. If word gets out in your community that you were under investigation for suspected child abuse, the damage to your reputation could remain even though the investigation finds the child abuse report is unfounded.
Also, even if the CYFS concludes that the report is unfounded, criminal charges are still possible. In other words, law enforcement and the local prosecutor may still believe criminal child abuse occurred, even if CYFS doesn't.
The Two Types of ChildLine Reporters
Pennsylvania is like many other states when it comes to the types of people who report possible child abuse. There are two main types of reporters: permissive and mandatory.
Permissive reporters are those who may report alleged child abuse to ChildLine. Because this reporting is optional, one way ChildLine encourages permissive reporters to come forward is to allow the reporting to occur anonymously. Mandatory reporters, on the other hand, are legally required to report suspected child abuse.
Mandatory Reporters in Pennsylvania
Certain jobs often involve interacting with children and families, so individuals in these professions may have the legal duty to report child abuse (or neglect) they believe exists. This duty arises only if the mandatory reporter has "reasonable cause" to suspect someone is a victim of child abuse. Most mandatory reporters include:
- Licensed or certified healthcare professionals.
- Coroners, funeral directors, and medical examiners.
- School employees.
- Lawyers who are affiliated with organizations (such as schools and religious institutions) that are responsible for the supervision, control, or guidance of children.
- Social service agency employees who have direct contact with children as part of their job duties.
- Law enforcement officers.
- Certified medical first responders.
- Public library employees who have direct contact with children as part of their job duties.
- Independent contractors who have direct contact with children.
- Foster parents
- Individuals who volunteer or get paid to support or help with a regularly scheduled program, activity, or service involving children. This involvement must involve direct contact with children or impose a responsibility for the children's welfare.
- Childcare services employees who have direct contact with children as part of their job duties.
- Religious and church leaders, including ministers, rabbis, priests, clergymen, religious leaders, Christian Science practitioners, and any other spiritual leader of an established religious institution.
One of the main differences between mandatory and permissive reporters (besides the fact that one must report possible child abuse and the other can choose not to) is that mandatory reporters have the option to make their report through ChildLine's reporting website. Whichever method the mandatory reporter uses, they must include their names and contact information with the report.
Mandatory reporters can't report child abuse anonymously, but their identities are confidential, and they're immune from legal liability for their reporting unless they knowingly make a false report with malicious intent. Pennsylvania law presumes a child abuse report from a mandatory reporter has been made in good faith, but mistakes and misunderstandings can still occur.
Why People Get ChildLined Even Though They're Innocent
Given the negative consequences that can occur with those falsely accused of child abuse, Clearfield County Children, Youth, and Family Services investigators take ChildLine referrals very seriously yet are also aware of the potential for their misuse.
For instance, interoffice conflicts and rivalries or a property dispute among neighbors could lead to a co-worker or neighbor making a false report to ChildLine. Even more common is a custody dispute in a bitter divorce that leads to one parent falsely accusing the other of child abuse.
The scary part is these represent just the tip of the iceberg in terms of why someone might make a bad-faith call to ChildLine to report child abuse. This is why the Clearfield County CYFS investigators will do their best to sift through these false reports. Not only does it protect those falsely accused, but it also saves the limited time and financial resources of the CYFS. Investigating a false report could mean not investigating a legitimate one.
Keep in mind that the CYFS' primary goal is to protect children. Because of this, they will often err on the side of protecting the child by investigating the alleged child abuse, even if they think there's a possibility none exists.
Your Rights if There's a ChildLine Referral
One of the most unsettling aspects of the ChildLine system is that you can be placed on the list without due process. In other words, someone at CYFS could decide your name goes on the list without you having the opportunity to defend yourself and tell your side of the story. Even though these due process protections don't apply before getting on the list, you still have some rights, especially after the investigation is over.
For example, if you're subject to a child abuse investigation, Pennsylvania law requires that you must be informed of:
- The fact that someone submitted a child abuse report against you.
- Your right to an attorney.
- Your right to have an attorney represent you at any meetings or interviews with Clearfield County officials.
- Your right to modify or expunge CYFS' decision following the investigation of child abuse.
After the investigation is over, the state of Pennsylvania must tell you:
- The investigation's conclusion and the status of the child abuse report.
- Your name, the child abuse details, and whether the report was founded or indicated will be added to the ChildLine registry.
- What the child abuse report can do to your future job and professional prospects.
- Your right to modify or expunge the child abuser report and have your name removed from the ChildLine registry.
- Your right to file an appeal within 90 days.
- Your right to a hearing to decide the appeal where Clearfield County officials must prove its case with substantial evidence.
Find a Clearfield County ChildLine Referral Attorney
Learning that someone reported you as a possible child abuser in Clearfield County can be a very stressful and scary situation. Dealing with a child abuse investigation and potentially having your name placed on the ChildLine registry can affect you not just professionally but also personally, as it could take away your right to raise your own child. Given this, the moment you learn that you're under investigation for possible child abuse, you must contact the LLF Law Firm and its knowledgeable Criminal Defense Team. We'll make sure the ChildLine process respects your legal rights and helps you obtain the best possible resolution to your unfortunate predicament. Call us at 888-535-3686, or through our online form.
