P.R. v. Pennsylvania Department of Public Welfare

759 A.2d 434, 2000 Pa. Commw. LEXIS 533
CourtCommonwealth Court of Pennsylvania
DecidedSeptember 18, 2000
StatusPublished
Cited by23 cases

This text of 759 A.2d 434 (P.R. v. Pennsylvania Department of Public Welfare) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
P.R. v. Pennsylvania Department of Public Welfare, 759 A.2d 434, 2000 Pa. Commw. LEXIS 533 (Pa. Ct. App. 2000).

Opinions

FLAHERTY, Judge.

P.R., the mother of D.N., petitions for review from an order of the Department of Public Welfare (DPW) which denied P.R.’s request that a report of child abuse against P.R. be expunged. We reverse.

The hearing officer of DPW made the following findings of fact which were adopted by DPW:

1. D.N. was born on August 25, 1983, and resided with her biological mother, P.R., at the time of the alleged incident on April 16, 1990.
2. On April 24, 1990, the Department of Public Welfare, 0[ffice of) C[hildren,] Y[outh and] F[amily], received a report alleging that P.R., the biological mother of D.N. had accidentally struck D.N., the subject child, in the right eye while she was attempting to discipline D.N. by using a belt.
3. As a result of this report, Argeleen Wilson, Department of] H[uman] S[er-vices] Social Worker, instituted an inves[436]*436tigation of suspected child abuse on April 25,1990.
4. On or about April 25,1990, Argeleen Wilson interviewed the Appellant, P.R., and the subject child, D.N., in the Wills Eye Hospital.
5. The subject child, D.N., was hit in the eye with a belt buckle when the Appellant, P.R. attempted to strike her in the buttocks with the strap of the belt in order to discipline her.
6. The subject child, D.N. was admitted to the Wills Eye Hospital for a surgical procedure with respect to her right eye.
7. The subject child, D.N. remained at the Wills Eye Hospital for several days during which a physician performed a surgical procedure.
8. The Appellant did not deny striking the subject child, D.N. in the eye while she was spanking her.
9. The caseworker concluded her investigation by filing an indicated report of child abuse on May 26,1990.

Hearing officer’s Adjudication (Adjudication) at pp. 2-8. The hearing officer framed the salient issue as whether DPW had “presented substantial evidence that the Appellant inflicted non-accidental serious physical injury on the subject child....” Id. at 3. The hearing officer noted that the “Appellant’s counsel presented the uncontroverted testimony of the child who admitted that she was struck in the eye with an unidentified object while she evaded being struck by the leather strap of the belt (N[otes of] Testimony] 52-53) during a spanking.” Id. at 3. The hearing officer then concluded that she afforded “much credibility to her [the child’s] statements since she could have easily recanted her initial story....” Id. The hearing officer then concluded that P.R.’s request for expungement of her record should be denied because the injury was not accidental. DPW adopted the hearing officer’s recommendation in toto. P.R. petitions for review from the DPW’s order.

Appellate review in this matter is limited to determining whether constitutional rights were violated, whether errors of law were committed or whether necessary findings of fact are supported by substantial evidence. E.D. v. Department of Public Welfare, 719 A.2d 384 (Pa.Cmwlth.1998).

On appeal, P.R. contends that DPW’s decision must be reversed because 1) DPW’s conclusion that D.N.’s injury was not accidental is unsupported by substantial evidence, 2) DPW applied an incorrect legal standard when it determined that D.N.’s injury was not an accident because P.R. should have foreseen the injury as a natural consequence of her actions, and 3) even if the foreseeability analysis was properly applied, the incident does not constitute child abuse.

P.R. argued before DPW and now argues before this court that although she may have struck D.N. with the belt buckle, she did not intend to do so and it was an accident that happened when she attempted to strike D.N. on the buttocks with the leather portion of the belt. When she went to spank D.N. with the leather portion of the belt on her buttocks, D.N., in an effort to avoid being struck, ducked and turned which resulted in D.N. accidentally being struck in the eye with the buckle of the belt. DPW rejected this argument and reasoned that

[a]n accidental injury is a fortuitous one which one cannot foresee. However, one must not confuse accidental with unintentional.
.... Moreover she [P.R.] should have foreseen the “natural consequences” of her actions — that the child would have made efforts to avoid being struck by the belt.

Adjudication at p. 4. DPW concluded that because in its estimation, the injury to the child’s eye was foreseeable by P.R., even if it was unintentional, the injury to D.N.’s eye was not accidental. In support of its conclusion, DPW cited to J.H. v. Depart-[437]*437merit of Public Welfare, 73 Pa.Cmwlth. 369, 457 A.2d 1346 (1983). Adjudication at p. 4. Because we agree with P.R. that DPW utilized the wrong legal standard for determining the meaning of “accidental” injury, we reverse.

The Pennsylvania legislature defined “child abuse” at the time of the incident in question, i.e., April 16, 1990, as “serious physical or mental injury which is not explained by the available medical history as being accidental, or sexual abuse or sexual exploitation, or serious physical neglect of a child under 18 years of age, if the injury, abuse or neglect has been caused by the acts or omissions of the child’s parents. ...” Section 3 of the Act of November 26, 1975, P.L. 438, No. 124, as amended, formerly 11 P.S. § 2203, repealed by Section 6 of the Act of December 19, 1990, P.L. 1240.

The legislature did not define “accidental” in this context. Where a term is not defined, we are instructed that “words and phrases shall be construed according to rules of grammar and according to their common and approved usage.” 1 Pa.C.S. § 1903(a). Moreover, in ascertaining the common and approved usage or meaning, we may have resort to the dictionary definitions of the terms left undefined by the legislature. See, e.g., Hoffman v. Kline, 300 Pa. 485, 494, 150 A. 889, 891-92 (1930); Contas v. City of Bradford, 206 Pa. 291, 55 A. 989 (1903) and Department of Labor and Industry v. Unemployment Compensation Board of Review, 203 Pa.Super. 183, 199 A.2d 474, 478 (1964).

As the term accidental is undefined by the legislature, we may turn to the dictionary to assist us in understanding the meaning of this term. Webster’s Third New International Dictionary (1986) defines accidental in relevant part as follows:

2: occurring sometimes with unfortunate results by chance alone: a: UNPREDICTABLE: proceeding from an unrecognized principle, from an uncommon operation of a known principle, or from a deviation from normal; b: happening or ensuing without design, [or] intent ....

(emphasis added).

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Bluebook (online)
759 A.2d 434, 2000 Pa. Commw. LEXIS 533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pr-v-pennsylvania-department-of-public-welfare-pacommwct-2000.