Many child abuse reports in Pennsylvania are found to be “unfounded,” meaning an investigation did not confirm abuse. Understanding what this determination means and what happens next is important for anyone involved with child protective services. Pennsylvania law outlines how these unfounded reports are defined and handled.
State Statutory Criteria
Pennsylvania’s Child Protective Services Law defines an unfounded report as one made to child protective services that an investigation fails to support with evidence.1Pennsylvania General Assembly. Chapter 63 – Title 23 – Domestic Relations This means the investigation did not find credible information that child abuse, as legally defined, took place.
When an investigation doesn’t gather enough evidence to meet the legal standard for abuse or neglect, the report is labeled unfounded. This is different from an indicated report, where a county agency finds that child abuse did occur. It also differs from a founded report, which means child abuse has been confirmed by a court, for example, through a criminal conviction or a finding in a dependency case.
An unfounded report doesn’t mean the person who reported was lying or that nothing happened. It simply means the investigation couldn’t find enough evidence to legally confirm child abuse.
Role of Investigative Agencies
In Pennsylvania, county children and youth social service agencies investigate suspected child abuse reports, supervised by the Department of Human Services (DHS). Reports from the statewide ChildLine system go to the local county agency, which starts an investigation to check the child’s safety and the report’s accuracy.
These agencies follow procedures from the Child Protective Services Law. Caseworkers conduct inquiries, which include interviewing the child, parents or caregivers, the person accused, and others like teachers or doctors. They also gather evidence like medical or school records, police reports, and observations of the child’s home.
During the investigation, agencies check the child’s immediate safety and if protective services are needed, such as safety plans or emergency court orders. Agencies also offer families services to prevent future harm, no matter the investigation’s outcome. Investigations and their findings must usually be completed within 60 days, though extensions are possible.2Pennsylvania Commission on Crime and Delinquency. Guidance Provided to Counties on Investigating Child Abuse Cases
Recordkeeping and Data Control
The Child Protective Services Law in Pennsylvania dictates how unfounded child abuse report records are managed. Information from an unfounded report is kept in the statewide ChildLine database for one year from when the Department of Human Services (DHS) received it.3Pennsylvania General Assembly. Title 23 Pa.C.S. § 6337 – Disposition and Expunction of Unfounded Reports This allows time for new information or connections to other issues to emerge.
After one year, the law mandates that the unfounded report be expunged (removed) from ChildLine, usually within 120 days.4Justia US Law. 23 Pa.C.S. § 6337 (2024) – Disposition and Expunction of Unfounded Reports and General Protective Services Reports Once expunged, DHS cannot keep any identifying information about anyone involved in the report.
There’s an exception: if a family accepts services from the county agency even after an unfounded report, the report stays in ChildLine, marked as unfounded, until 120 days after one year from when the service case is closed.5Legal Information Institute. 55 Pa. Code § 3490.68 – Retention of Information on Unfounded Reports
Access to ChildLine data, including unfounded reports before expunction, is strictly controlled.6Pennsylvania General Assembly. 23 Pa.C.S. § 6340 – Release of Information in Confidential Reports Only authorized individuals and entities can access it, such as protective services officials, law enforcement investigating false reports, and physicians treating a child suspected of abuse. This system limits who can see the information to prevent misuse.
Consequences of Inaccurate Claims
Pennsylvania encourages reporting suspected child abuse but also addresses harm from intentionally false accusations. Making a knowingly false report of child abuse can lead to legal trouble, as it wastes resources and harms those falsely accused.
Under Pennsylvania law (23 Pa.C.S. § 6318), intentionally making a false child abuse report is a second-degree misdemeanor.7Justia US Law. 23 Pa.C.S. § 6318 (2024) – Immunity From Liability and False Reports This can result in fines and imprisonment. The law aims to deter false reports while protecting those who report in good faith, even if the report is ultimately unfounded.
To prove a false report, it must be shown the reporter acted willfully and knowingly—meaning they knew the information was false and intended to deceive. A report made with genuine concern for a child, even if incorrect, is not considered a false report under this law. If a prosecutor proves intentional falsification, the person could face criminal charges, a conviction, fines up to $5,000, and up to two years in jail.
Options for Reclassification
An unfounded report determination in Pennsylvania can be revisited. The classification may change if new information appears or if the initial assessment needs review.
The Pennsylvania Child Protective Services Law (23 Pa.C.S. § 6341) allows anyone involved in a report (like the child, parents, or the person accused) to ask the Department of Human Services Secretary to fix inaccurate information in ChildLine or county records.8Pennsylvania General Assembly. 23 Pa.C.S. § 6341 – Amendment or Expunction of Information For instance, someone might request a change if they believe an unfounded determination was wrong and have evidence for a different finding. The DHS Secretary reviews these requests, and denials can be appealed. If a significant change is approved, others involved are notified and can also appeal.
If new, credible evidence comes to light after an unfounded determination, such as a child’s later statement or new witnesses, the county agency must evaluate it. This could lead to reopening the investigation or starting a new one, possibly changing the report to indicated or founded if the new evidence meets the legal criteria for abuse.
County agencies must also correct their records if they find errors in an initial unfounded determination, like overlooked evidence. They can amend the report’s status in ChildLine to ensure accuracy.