Recent Commonwealth Court Decision Requires Pre-Deprivation Hearing Further Protecting Falsely Accused Teachers From ChildLine Registry Without Being Heard

The mandatory reporting laws and consequences in Pennsylvania regarding child abuse are tougher than ever. With a mandated reporter needing only to have “reasonable cause to suspect a child is being subjected to abuse,” instances of teachers being wrongfully accused are more likely. No longer does the abuse have to be confirmed, it can be merely suspected, leading to possible incarceration, fines and loss of one’s professional credentials.

Recently the Commonwealth Court of Pennsylvania ruled in opposition to the Child Protective Services Law (CPSL) specifically addressing one’s right to due process as afforded in the U.S. Constitution. The court stated, “the post-deprivation process as applied to Petitioner and other teachers is simply not adequate to cure the constitutional violation caused by placement on the ChildLine Registry without a pre-deprivation hearing.”

According to the Pennsylvania Department of Human Services, “ ChildLine is part of a mandated statewide child protective services program designed to accept child abuse referrals and general child well-being concerns and transmit the information quickly to the appropriate investigating agency.” It is also a portal used by ChildLine specialists to review the outcomes of both investigations and assessment.

Prior to this decision, teachers could be suspended and possibly terminated from their jobs within days of being listed on ChildLine – this before any investigation or hearing is held. If that is not enough, ramifications can be long-term, tarnishing one’s reputation even if the accusations are proven to be false. Being removed from the registry can be an arduous task and all the while the individual is banned from working in schools or any job that involves children.

While the court’s ruling was positive for many, procedural questions remain as does the impact on non-teachers who work in schools or among children.

At Neff & Sedacca, P.C., we are committed to providing strategically-sound, aggressive defense for our clients. If you have questions regarding ChildLine, have had allegations made against you or believe your rights may have been violated, you should seek experienced legal counsel. We also continue to constantly monitor the on-going changes in criminal law impacting the Commonwealth of Pennsylvania and neighboring New Jersey. To schedule a confidential consultation with the attorneys at Neff & Sedacca, P.C., contact the firm by phone at 215-563-9800 or email [email protected].