Facing allegations of any crime is stressful, and being accused of child abuse can be one of the most harrowing situations someone may experience. ChildLine investigations are often sparked by anonymous reports made through Pennsylvania's ChildLine reporting system. In many cases, the charges are investigated and not substantiated, meaning they are dropped. However, in many of these situations, there is no way to hold anonymous reporters accountable.
Being placed on the ChildLine registry is isolating, not only due to the associated social stigma but also because you may be restricted from certain employment and recreational activities. If you are notified of a ChildLine report of alleged abuse, do not waste any time. Give yourself the best chance of achieving the best outcome possible by hiring the LLF Law Firm Criminal Defense Team, experienced in defending individuals accused of alleged child abuse in Luzerne County and across the nation. Let us help you craft the most robust defense possible to protect your rights and privacy. Call us at 888-535-3686 or tell us about your case online.
What Is Pennsylvania's ChildLine System?
ChildLine is Pennsylvania's statewide program aimed at combatting child abuse. It is overseen by the Department of Human Services (DHS) and is available 24 hours a day to receive verbal and electronic reports of alleged child abuse and neglect. In Luzerne County, the Luzerne County Children and Youth Services (LCCYS) is the agency responsible for investigating reports.
There is no requirement to provide any identifying information when making a call, so all reporters are afforded the option to remain anonymous. ChildLine's registry is not available to the public, but it may become available to employers conducting background checks when hiring or investigating employees. Individuals placed on the registry will be marked as "indicated" or "founded" of child abuse. In both instances, it is very difficult to get off the list. Once accused, it can make your life significantly more difficult without any criminal findings or fair proceedings.
What Is a ChildLine Referral?
When Pennsylvania's ChildLine receives a report of alleged child abuse in Luzerne County, they forward the case to the LCCYS, upon which an internal investigation will be launched. The LCCYS follows the same guidelines and procedures as Pennsylvania's State Code. This legislation includes the following guidelines for investigations:
- If the accused person is not a prior offender but there is a possible criminal violation, the Luzerne County Sheriff's Department will be the sole investigator.
- If the accused person is a prior offender, both the Luzerne County Sheriff's Department and Children and Youth Services will investigate the matter.
The county will have 60 days to complete its investigation. During joint investigations, the Luzerne County District Attorney works in collaboration with the LCCYS to ensure the following:
- Sharing of reports and information between agencies
- Coordinating investigations
- Avoid duplication of fact-finding efforts
- Minimizing trauma to the child
The team will include both investigative agencies and those responsible for providing services to the child. At a minimum, a Luzerne County health care worker, county caseworker, and law enforcement official must be present, all of whom are to be overseen by the District Attorney.
The LLF Law Firm Criminal Defense Team has many years of experience negotiating with law enforcement and social services in Luzerne County on behalf of accused individuals and preventing significant consequences from befalling them. Call us at 888-535-3686 or tell us about your case online.
ChildLine Referrals in Luzerne County
Luzerne County's Children and Youth mission is "To promote the safety, well-being, and permanency of all children in Luzerne County through collaboration with families and the community." In 2021, there were 32,919 reports of child abuse in Luzerne County, and 4,608 were substantiated. Moreover, in these cases, the accused individuals are extensively interviewed and investigated, and if placed on the registry, they may only able to share their side of the story during the appeals process.
As evidenced by documented cases, many reports of alleged child abuse in Luzerne County turn out to be false. High incidences of false accusations can be caused by a variety of factors, such as the ability for accusers to make their reports anonymously. Additionally, allegations may occur during tense divorce proceedings when child custody is being disputed. One spouse may decide to falsely accuse another in hopes of receiving a more favorable outcome. Regardless of the nature of the report, the LCCYS investigators may choose to interview you and others in your community to determine who you are as a person. It is easy to become defensive and stressed during these pervasive interviews, which can, in turn, negatively impact the outcome of your case. As such, it is certainly in your best interest to contact the LLF Law Firm to represent you no matter what stage of the process you are in.
Who Can Make a ChildLine Report?
In Pennsylvania, anyone can make a report about alleged child abuse. Those who are not required by law to report child abuse are named permissive reporters. They are 'encouraged' by the DHS if they reasonably suspect any signs of abuse or neglect. Permissive reporters are not required to decide whether the person they are accusing is a perpetrator. Nor are they required to provide their name when filing a report.
Mandated Reporters
Under Pennsylvania law, a broad group of individuals are required by law to report suspected child abuse. This group includes, but is not limited to, licensed healthcare professionals, medical personnel, school and childcare staff, clergy, social workers, law enforcement, emergency responders, foster parents, and adult family members in care settings. Additionally, they do not require a child to come before them in order for a report of suspected child abuse to be made.
These individuals must make an oral report to the DHS by phone or write a written report on ChildLine's electronic system. Depending on who is assigned to the case, a written report must always follow an oral report within 48 hours to the Luzerne County Sheriff's Department or Children and Youth Services. The mandated reporters must provide the "names, addresses, and ages of involved parties, nature and extent of suspected abuse, and actions taken by the reporter."
When compiling the written report, they may photograph the child and arrange for medical tests and X-rays. During investigations, both the LCCYS and the Luzerne County Sheriff's Department will have access to these medical reports.
Pennsylvania Law also protects the identity of these mandated reporters, including protection from legal liability. However, this is waived if it is found that the reporter filed a false report with malicious intent. Moreover, all mandated reports are presumed to be made in good faith.
What Happens if a ChildLine Referral Results in a Finding of Child Abuse?
There are three potential outcomes following a ChildLine investigation, and your livelihood may rely on whether or not your name is added to the registry. The outcomes are as follows:
- Unfounded: The report of alleged child abuse is found to be false or baseless. Identifying information stays in the State Database for up to 1 year and 120 days.
- Indicated: The report of alleged child abuse is confirmed by LCCYS, either for abuse or neglect. However, no due process occurred, as there was no hearing, but the ramifications were on par with those of a founded report. Identifying information stays in the State Database indefinitely unless appealed.
- Founded: The report of alleged child abuse is confirmed by LCCYS and involves a hearing. This is the most severe outcome, as it is a judicial decision comparable to a criminal conviction. Identifying information stays in the State Database indefinitely unless appealed.
Before one of these outcomes is reached, your case is considered pending, and it can stay this way for up to 90 days as the LCCYS or Sheriff's Department investigates. Although these investigations are not considered criminal investigations, in some instances, a criminal investigation may occur in addition to the LCCYS investigation.
What Are Your Rights if You've Been Referred to ChildLine?
If a Luzerne County resident finds themselves being investigated following a ChildLine report, it is in their best interest to understand what interests and rights the organization has, as well as what rights they themselves are entitled to. Due to the way Pennsylvania's ChildLine system is set up, following an investigation, you may be added to the registry without due process, meaning with no hearing, and you may only be given a chance to appeal once the decision is already made.
When a ChildLine investigation is launched, you must be aware of the following:
- The requirement to notify of the existence of the report alleging child abuse or neglect
- Your right to an attorney and their ability to be present with you at all interviews or meetings with investigators
After the investigation, the state must notify you of:
- The state's findings in the investigation and their decision based on the evidence
- The identifying information that will be permanently in the database, unless appealed, such as your name, description of the abuse, and status of the report
- The impact of the report on your future job and volunteer opportunities
- The right to amend or expunge the LCCYS's or Sheriff Department's decision
- The right to an appeal within 90 days and a hearing where Luzerne County must prove its case against you with substantial evidence
Your rights to an attorney and to appeal are the most important among those listed. It is in your best interest to take full advantage of your right to counsel for your best chance at success, and the team at the LLF Law Firm has many years of experience negotiating for their client's best interests and fighting by their side. We can help both during the initial investigation and if you already found yourself needing to file an appeal.
The Appeal Process
Deciding to appeal the LCCYS's decision will lead to the Secretary of the Commonwealth of Pennsylvania reviewing your case. They may amend or expunge any record in the State database if good cause is shown, meaning the introduction of newly discovered evidence or proof that the accused no longer poses a risk of child abuse or harm. In order for this to occur, you must file for an appeal within 90 days of the LCCYS's decision. After receiving this appeal, Luzerne County will schedule a hearing within 10 days. The administrative judge's decision is made within 45 days following the hearing. You have 15 days to request consideration and 30 days to appeal to the Commonwealth court following the Secretary's decision. With so many tight deadlines to adhere to while dealing with this tense process, you can and should take full advantage of your right to counsel by the LLF Law Firm in order to achieve the best outcome.
How the LLF Law Firm Can Help You if You've Been Referred to ChildLine in Luzerne County
Having a report against you in Pennsylvania's ChildLine leads to exhaustive and invasive investigations where your character is called into question. Unfortunately, many reports are made baselessly and lead to innocent people being falsely accused of alleged child abuse. Regardless of the specifics of your situation, it can be extremely frustrating dealing with strict deadlines, extensive legal jargon, and convoluted Pennsylvania Administrative Law statutes. Not only will the process impact you personally, but it could drag in those around you and may lead to adverse ramifications without due process. These rash decisions can have lifelong effects, shattering your personal and professional life and leaving you to pick up the pieces. Do not deal with it on your own. Take advantage of your rights. The LLF Law Firm's Criminal Defense Team has many years of experience defending those accused of child abuse in Luzerne County and nationwide. Call us at 888-535-3686 or tell us about your case online.
