C. K. v. Dep't of Public Welfare

Argued: February 3, 2005 OPINION C.K. appeals from an order of the Department of Public Welfare, Bureau of Hearings and Appeals (DPW), adopting the recommendation of the Administrative Law Judge (ALJ) that her appeal requesting to have her name expunged from the ChildLine Registry as an indicated perpetrator of sexual abuse be denied.1 C.K. asserts on appeal that the ALJ erred in finding that she placed her three children in ""imminent risk of sexual abuse"" by living with two individuals, S.S. and F.K. (the couple), who are ""indicated perpetrators of sexual abuse"" under the Child Protective Services Law (Law).2 On appeal, C.K. argues that the ALJ erred by: (1) not properly considering, applying and giving persuasive effect to DPW's stated policy defining what must be established to prove ""imminent risk""; (2) concluding that imminent risk of sexual abuse existed where the children had contact with the couple; and (3) engaging in fact-finding that was unsupported by substantial evidence, as well as engaging in speculation and conjecture to reach the conclusion that C.K.'s children were placed in imminent risk of abuse. The main issue presented is whether evidence that a parent, after being told not to do so, repeatedly lives with her very young children in a home with ""indicated perpetrators of sexual abuse,"" is sufficient to demonstrate an ""imminent risk of sexual abuse"" under the Law.