Parents and guardians in Columbia County may face allegations of child abuse through the Pennsylvania Childline system. Child abuse allegations are serious and can result in broken family relationships and damaged reputations. Because Childline charges can be made easily and anonymously, false or exaggerated accusations of abuse are common.
Sometimes, false accusations are made during a divorce or custody case, where one parent tries to gain an advantage over the other through false accusations. If you are accused, it is hard to overstate the tremendous toll that child abuse allegations take on your mental and physical well-being. The charges may also arise from misunderstandings with a mandatory reporter, such as a teacher or physician. Even a neighbor or family member may report allegations to settle an existing conflict or harm the parent.
If you find yourself the focus of a child abuse investigation, you must take action quickly to protect your family and reputation. An experienced Childline attorney can advise you on proceeding with the investigation and hearings. The LLF Law Firm is experienced with Childline investigations and appeals and is available to represent those charged in Columbia County. Call the LLF Law Firm Criminal Defense Team at 888.535.3686 or provide your details through the online contact form, and we will promptly contact you.
Accused of Child Abuse in Columbia County
Although Childline receives many accusations of child abuse, the majority of cases cannot be substantiated. In 2021, there were 221 total reports of child abuse in Columbia County, and of these, only 40 were substantiated. Do not allow these statistics to prevent you from taking action if you are accused of child abuse or neglect—you must act to defend yourself and protect your family. However, those accused of abuse face favorable odds if they prepare and react appropriately to the referral.
You may first become aware of the allegations against you from Columbia County Children and Youth Services (CYS). Once an allegation of child abuse is made to Childline, it will be referred to the local county agency. Many people learn of a pending investigation of child abuse when contacted by the caseworker investigating the allegations. You should immediately consult an experienced Childline lawyer if you are being investigated.
Childline System
In Pennsylvania, the Childline system is available 24 hours a day to allow people to report child abuse or neglect. Anyone may make a Childline report, and the calls may be anonymous. While having an avenue for reporting child abuse is a positive thing, the system can lead to false allegations since it is so easy to make allegations without identifying yourself. The result is an atmosphere of suspicion and occasionally groundless or very weak allegations of abuse.
Childline Abuse Registry
In Pennsylvania, the Department of Human Services (DHS) maintains the Childline Abuse Registry, which contains the names of individuals who have been found to have abused a child. Unfortunately, the Registry also contains the names of those accused (sometimes falsely) or those appealing child abuse findings. The possible magnitude of false allegations in the Registry becomes apparent given the low rate at which child abuse allegations are substantiated. In 2021, 38,013 reports were made in Pennsylvania of suspected child abuse, but only 5,036, or 13 percent, were confirmed. The obvious issue is that falsely accused persons may easily outnumber those found to have engaged in child abuse or neglect on the Registry. To prevent this, you should contact an experienced Childline lawyer immediately.
If your name has appeared on the Childline Abuse Registry for some time without basis, you may need to seek expungement of your name from the Registry. This process is not easy, but it is possible. Contact the LLF Law Firm Team to seek record expungement.
What's a ChildLine Referral?
Childline typically refers suspected child abuse matters to the county Child and Youth Services agency within 24 hours. In some cases, it may also notify law enforcement. Childline will refer any suspected child abuse report in Columbia County to Columbia County Children and Youth Services (CYS) for investigation, assessment, and child protective services, if appropriate.
Following a Childline referral, county agency investigators will determine whether the allegations constitute child abuse. If they do, the county starts an investigation, which it has 60 days to complete. Investigators can interview anyone with information about the case.
Who Can Make a Childline Report
Anyone may report abuse to Childline, and they are not required to give their name or to describe their relationship to the alleged abuser or victim. As a practical matter, most reports to Childline come from "mandatory reporters" who have an obligation under state law to report suspected child abuse. These mandatory reporters include:
- Teachers and school employees.
- Doctors, nurses, and care providers.
- Law enforcement officers.
- Pastors and religious leaders.
- Volunteers working with youth.
If a mandated reporter has probable cause of abuse and fails to report, they may lose their job or professional license.
What Happens After a Report of Abuse is Made
Following a report of abuse, if the Columbia County CYS moves to begin an investigation, it will likely begin with a home visit from an investigator or caseworker assigned to your case. This home visit may occur without notice, but cooperating is generally in your interest. The caseworker will be looking at you and your home to assess different aspects of your child's life. The caseworker will have the right to interview your child and may attempt to interview other family members, caregivers, and friends. You should, of course, try to make a positive impression. The caseworker may move to interview other people in your child's life, such as neighbors or school or church staff. You may be concerned about resulting gossip or rumors that may follow even a groundless investigation.
For this reason, you should have an experienced Childline attorney in place while the investigation process proceeds. The LLF Law Firm is experienced with Childline investigations and allegations of child abuse and can advise you on presenting your case while protecting your reputation. The LLF Law Firm Team will discuss any issues in advance with the investigator so that there are no surprises as you proceed.
The LLF Law Firm Criminal Defense Team can advise when and how to participate in the investigation and when participation is not in your interest. Your attorney can advise you of your rights during this process, how to assert them, and when. Preparing for an interview can be challenging, depending on the situation. The LLF Law Firm can help you to present your case effectively for the best possible outcome. The LLF Law Firm Criminal Defense Team can prepare you for a difficult interview and help you understand how to respond to allegations.
If you receive notice that the report of abuse has been confirmed, you must act quickly to prevent your name from being placed on the Childline Abuse Registry. Placement on this Registry can be indefinite, so preventing placement is easier procedurally than seeking expungement after the fact.
What if Abuse Is Confirmed
After an investigation, the county may make several types of findings:
- Founded:
A founded report is the result of a judicial decision in a court. This type of finding only occurs after due process in a court proceeding, during which allegations of child abuse are found true.
- Indicated:
An indicated report happens when a county agency (such as Columbia County Children and Youth Services) finds that abuse or neglect has happened. Unlike a founded report, there has typically not been due process for the alleged perpetrator of the abuse, and the investigation has not resulted in a hearing.
- Unfounded
An unfounded report occurs when the county agency does not find evidence of abuse or neglect.
- Pending
A pending investigation is ongoing with the county agency or may involve a pending court matter.
If Columbia County CYS substantiates your case, you have limited time to file an appeal. This time will pass very quickly, so contacting the LLF Law Firm Criminal Defense Team immediately is vital to get your appeal moving forward.
Appealing a Childline Abuse Finding
If findings of abuse or neglect are confirmed, you have a right to appeal, and the appeal process that is best for you will depend on the nature of the allegations. There are two forms of appeal available at this point:
- Administrative Review: An appeal to the Secretary of DHS or the agency Hearing Panel.
- Hearing before the Bureau of Hearings and Appeals (BHA): An appeal involving a hearing before an outside agency.
The appeals process best suited to your case depends on the nature of the allegations and the findings, and only your attorney can advise you of the best course of appeal. But in 2021, 98 of 1,662 appeals had already successfully overturned the earlier decision before the year's end. Of these successful appeals, two-thirds were from Hearings, while the remaining one-third were from the Administrative Review process.
At the Hearing, your attorney will present your case through witnesses and documents that support your version of events. The legal standard for proving the case against you is "clear and convincing evidence." This means that it is more likely to be true, and it is highly probable that the abuse occurred. This is a high standard, and if the State fails to meet this burden, the determination findings will be overturned, and your name will be removed from the Childline Abuse Registry.
If the Hearing is unsuccessful, you have a limited time to appeal to the Department of Human Services Secretary. While this option is not as common, it is occasionally successful and should always be discussed with your attorney. After appealing through this process, a person unhappy with the findings may appeal to the Commonwealth Court.
What Are Your Rights if You've Been Referred to ChildLine?
If you are the subject of a Childline investigation, you have several rights to due process before your name can be placed on the Childline Abuse Registry. You have:
- The right to be notified of the report made against you.
- The right to consult and hire an attorney.
- The right to pursue your appeal or hearings and have your attorney with you during interviews and proceedings.
- The right to remove your name from the Childline Abuse Registry following a successful challenge or appeal.
Expungement of Childline Abuse Registry Entry
If your appeal is successful, your name will be removed from the Childline Abuse Registry. Your attorney will take action to verify that your name is removed, as the State often fails to do this.
If you cannot successfully overturn an indicated or founded finding, expungement of your name from the Registry will be much more complicated. The LLF Law Firm can pursue an appeal to the Department of Human Services Secretary where there is newly discovered evidence or where essential fairness is at play. If your name has been on the Childline Abuse Registry for some time, this type of appeal can be challenging but not impossible. Contact the LLF Law Firm to discuss your case.
How the LLF Law Firm Team Can Help
If Columbia County Children and Youth Services is investigating you on allegations of child abuse or neglect, the LLF Law Firm Team can help. If you have a confirmed finding of abuse, please call as quickly as possible so that we can act to protect you and your family. This is particularly vital if you have been notified that your name will be listed on the Childline Abuse Registry. With years of experience handling Childline issues and appeals, the LLF Law Firm Team can advocate for even the most challenging cases.
If your case is complicated by a divorce or custody proceeding, the LLF Law Firm is experienced in navigating family, divorce, and custody law as it interplays with abuse allegations. If you or your family are facing allegations of abuse or neglect, you need tough, effective representation. Call the LLF Law Firm at 888.535.3686 or provide your details through the online contact form, and we will contact you.
