An unfounded report in the Pennsylvania child welfare system means an official investigation concluded without finding sufficient evidence of child abuse. This determination has specific consequences for those involved, particularly concerning official records, notifications, and the potential for record expungement.
Defining “Unfounded Report” in Pennsylvania Child Protective Services
In Pennsylvania, the Child Protective Services Law (CPSL) establishes three outcomes for a child abuse investigation: founded, indicated, or unfounded. A “founded” report means a judicial decision confirmed abuse, while an “indicated” report means the CYS investigation uncovered substantial evidence of it.
An “unfounded report,” as defined in 23 Pa.C.S. § 6303, is any report not determined to be founded or indicated.1Justia Law. Pennsylvania Consolidated Statutes § 6303 – Definitions This determination is made when neither of the other standards is met, closing the allegation without a formal finding against the subject.
The County Children and Youth Services (CYS) Investigation Process
When a report of suspected child abuse is made to the statewide ChildLine registry, it is forwarded to the CYS agency in the county where the child resides. The agency must commence an investigation, which involves seeing the child within 24 hours.
Caseworkers conduct interviews with the child, parents, the person who made the report, and other individuals with relevant information, known as collateral contacts. They also gather evidence, such as medical records or photographs if physical injury is alleged. The CYS agency has up to 60 days to complete its investigation and make a determination.
Notification and Initial Impact of an Unfounded Determination
By law, once a CYS investigation concludes with an “unfounded” determination, the subjects of the report, including the parents and the alleged perpetrator, must receive written notification of this outcome. This letter confirms the investigation is closed.
The immediate impact is that CYS will not require the family to participate in services related to the allegation. The case is closed with no further agency actions or court interventions stemming from that specific report.
Record Retention and Expungement Procedures for Unfounded Reports
Pennsylvania law requires records of unfounded reports to be maintained in the statewide ChildLine and Abuse Registry. According to 23 Pa.C.S. § 6337, this information is kept for one year from the date the report was received, after which the department must expunge it within 120 days.2Justia Law. Pennsylvania Consolidated Statutes § 6337 – Disposition and Expunction of Unfounded Reports If the family received voluntary services, the record must be expunged no later than 120 days after one year from the case closure.
An individual can also request the expungement of their unfounded report. To do so, you will need your personal information, the approximate date and county of the investigation, and a copy of the unfounded determination letter.
Submit a written request for expungement to the Pennsylvania Department of Human Services (DHS) ChildLine and Abuse Registry. A formal letter with all identifying information is sufficient. After submission, DHS will review the file to confirm its eligibility for expungement and will provide written notification once the process is complete.
Appealing an “Indicated” Report to Achieve Unfounded Status
If a CYS investigation results in an “indicated” report, the subject has the right to challenge this finding. Under 23 Pa.C.S. § 6341, an alleged perpetrator can appeal an indicated report on the grounds that it is inaccurate or unsupported by evidence. A successful appeal changes the report’s status from “indicated” to “unfounded.”
To appeal, you must gather relevant documents, including the “indicated” notification letter, and prepare a written statement explaining why the finding is incorrect. Common grounds for appeal include a lack of evidence, procedural errors, or new evidence that refutes the allegations.
The appeal must be filed in writing with the DHS Bureau of Hearings and Appeals within 90 days of the notification letter’s date.3Justia Law. Pennsylvania Consolidated Statutes § 6341 – Amendment or Expunction of Information The case is then assigned to an administrative law judge for a formal hearing, where the CYS agency must prove its “indicated” finding was correct.
Pennsylvania Law on Knowingly Making False Child Abuse Reports
Intentionally making a false report of child abuse is a criminal offense in Pennsylvania under 18 Pa.C.S. § 4906. The penalties for this offense depend on the circumstances.
Making a false report is classified as a misdemeanor of the second degree, but the penalty can be elevated if the false report alleges a serious felony-level offense.4Justia Law. Pennsylvania Consolidated Statutes § 4906 – False Reports to Law Enforcement Authorities A conviction can result in fines and potential jail time.