{"id":2976,"date":"2023-07-27T20:18:44","date_gmt":"2023-07-27T20:18:44","guid":{"rendered":"http:\/\/jwchildabuse.org\/xqllht\/document\/21-0-answer-and-new-matter\/"},"modified":"2023-07-28T22:32:36","modified_gmt":"2023-07-28T22:32:36","slug":"21-0-answer-and-new-matter","status":"publish","type":"dlp_document","link":"https:\/\/jwchildabuse.org\/xqllht\/document\/21-0-answer-and-new-matter\/","title":{"rendered":"21-0 Answer and New Matter"},"content":{"rendered":"

July 16th, 2021<\/strong><\/p>\n

Excerpt:<\/p>\n

RESPONDENT\u2019S ANSWER WITH NEW MATTER TO THE PETITION FOR REVIEW<\/p>\n

AND NOW, comes Respondent the Pennsylvania Department of Human Services (hereinafter \u201cDepartment\u201d or \u201cRespondent\u201d), through counsel, and hereby responds to the Petition for Review (\u201cPetition\u201d) filed by Petitioner Ivy Hill Congregation of Jehovah\u2019s Witnesses (hereinafter \u201cIvy Hill\u201d or \u201cPetitioner\u201d) as follows:<\/p>\n

I. INTRODUCTION 1<\/p>\n

1. DENIED. The allegations contained within Paragraph 1 are denied as they are conclusions of law to which no responsive pleading is required.<\/p>\n

2. DENIED. After a reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained within Paragraph 2 and therefore deny them. Strict proof will be demanded at the time of trial if the same be material.<\/p>\n

3. DENIED. The allegations contained within Paragraph 3 are denied as they are conclusions of law to which no responsive pleading is required.<\/p>\n

4. DENIED. The allegations contained within Paragraph 4 are denied as they are conclusions of law to which no responsive pleading is required.<\/p>\n

II. JURISDICTION<\/p>\n

5. ADMITTED.<\/p>\n

III. PARTY SEEKING RELIEF<\/p>\n

6. DENIED. After a reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained within Paragraph 6 and therefore deny them. Strict proof will be demanded at the time of trial if the same be material.<\/p>\n

IV. GOVERNMENT UNIT WHOSE ACTIONS ARE IN ISSUE<\/p>\n

7. ADMITTED.<\/p>\n

8. ADMITTED IN PART AND DENIED IN PART. It is ADMITTED that under the Child Protective Services Law (the \u201cCPSL\u201d), 23 Pa. C.S. \u00a7\u00a7 6301, et seq., the Department is tasked with:<\/p>\n

(a) promulgating regulations necessary to implement the law (see id. \u00a7 6306);<\/p>\n

(b) providing \u201cspecific information\u201d through \u201ccontinuing publicity and education programs\u201d by working jointly with each county agency and by individually addressing topics, including, but not limited to, \u201c[p]ersons classified as mandated reporters[,]\u201d and \u201c[r]eporting requirements and procedures\u201d (see id. \u00a7\u00a7 6383(a) and 6383(a.2)(2)(ii)-(iii));<\/p>\n

(c) establishing and maintaining a \u201cstatewide database of protective services[;]\u201d (see id. \u00a7\u00a7 6331 and 6334(g));<\/p>\n

(d) creating and maintaining a toll-free hotline for reporting abuse (see id. \u00a7\u00a7 6332-6333);<\/p>\n

(e) ensuring the Department is \u201c[c]ontinuousl[ly] availab[le]\u201d to \u201creceiv[e] oral reports of child abuse\u201d and \u201cmonitor[] the provision of child protective services 24 hours a day, seven days a week\u201d (see id. \u00a7 6333);<\/p>\n

(f) gathering and receiving reports of suspected child abuse from county agencies and law enforcement personnel (see id. \u00a7 6334(a));<\/p>\n

(g) identifying to any law enforcement official the existence, or non-existence, of a report in the Statewide database, which may be used for the purposes of investigating whether a mandatory reporter failed to report suspected child abuse as required (see id. \u00a7 6335(c)(1)(ii)); and, separately, protecting the confidentiality of the information contained within the reports received and only releasing the reports to the entities identified in the statute, including the Attorney General (see id. \u00a7\u00a7 6339 and 6340(a)(7)).<\/p>\n

Any inference that the Department conducts investigations as to whether an individual failed to report an instance of suspected abuse is specifically DENIED. After receipt of a report of suspected child abuse, the Department transmits a notice to the appropriate county agency. See id. \u00a7 6334(b). If the report of abuse also alleges that a criminal offense has been committed, the Department transmits a notice to appropriate law enforcement officials for investigation. See id. \u00a7 6334(c). The statutory sub-section identified by Petitioner in Paragraph 8(f) of the Petition, only provides the Department with responsibility to establish procedures as to whether a response to address the reported abuse should come from a county agency or a law enforcement official based solely upon the identity of the person allegedly committing the suspected abuse. See id. \u00a7 6334.1.<\/p>\n

V. STATEMENT OF MATERIAL FACTS<\/p>\n

A. Role of Elders in the Ivy Hill Congregation.<\/p>\n

9-20. DENIED. After a reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained within Paragraphs 9-20 and therefore deny them. Strict proof will be demanded at the time of trial if the same be material.<\/p>\n

B. Spiritual Counseling in the Ivy Hill Congregation.<\/p>\n

21-32. DENIED. After a reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained within Paragraphs 21-32 and therefore deny them. Strict proof will be demanded at the time of trial if the same be material.<\/p>\n

C. The Child Protective Services Law.<\/p>\n

33-36. ADMITTED.<\/p>\n

37. ADMITTED IN PART AND DENIED IN PART. It is ADMITTED that \u201cmembers of the clergy\u201d2 are obligated to report suspected child abuse, unless the information was obtained \u201cin the course of [their] duties\u201d . . . \u201csecretly and in confidence\u201d and the member of the clergy does not have consent from the communicant to disclose the information (hereinafter a \u201cconfidential communication\u201d). See 23 Pa. C.S. \u00a7 6311.1(b)(1); 42 Pa. C.S. \u00a7 5943. Any expressed or implied inference that members of the clergy have a blanket exemption from reporting suspected child abuse or a blanket exemption from the penalties associated with failing to report suspected child abuse is strictly DENIED.<\/p>\n

38-42. ADMITTED IN PART AND DENIED IN PART. It is ADMITTED that 42 Pa. C.S. \u00a7 5943 and the Pennsylvania House floor debate speak for themselves. The remainder of these averments are DENED as they are conclusions of law to which no responsive pleading is required.<\/p>\n

43. ADMITTED IN PART AND DENIED IN PART. It is ADMITTED that Petitioner\u2019s Exhibit A speaks for itself, in that counsel for the Watchtower Bible and Tract Society of New York, Inc. (a non-party in this action) sent a letter in 1998 to the Office of Attorney General (a non-party in this action) to obtain a legal opinion as to whether ministers of Jehovah\u2019s Witnesses are exempt from reporting suspected child abuse based on the identity of the communicant. The remainder of this averment is DENIED as it is a conclusion of law to which no responsive pleading is required.<\/p>\n

D. Recent Enforcement Action Under the CPSL.<\/p>\n

44-45. DENIED. After a reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained within Paragraphs 44-45 and therefore deny them. Strict proof will be demanded at the time of trial if the same be material.<\/p>\n

46-48. ADMITTED IN PART AND DENIED IN PART. It is ADMITTED that the Lancaster County District Attorney\u2019s Office, not the Respondent, took an enforcement action against the identified bishop. (See Pet. Exs. B-C.) The news article attached to the Petition stated that investigators \u201cwere alerted [to the incident of failing to report abuse] after members of the Amish community had conversations with [the bishop] and other bishops about the child-sex abuse [in question] and were told to \u2018let it go\u2019 and that it had \u2018been taken care of.\u2019\u201d (See Pet. Ex. B.) It is DENIED that this enforcement action highlights any lack of clarity in the application of the clergymen privilege under the CPSL. Any inference that the elders in the Ivy Hill Congregation may be subject to criminal prosecution under the CPSL by the Department is also DENIED.<\/p>\n

49-50. DENIED. After a reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained within Paragraphs 49-50 and therefore deny them. Strict proof will be demanded at the time of trial if the same be material.<\/p>\n

51. ADMITTED IN PART AND DENIED IN PART. It is ADMITTED that Section 6319(b) of the CPSL provides the penalty scheme for a failure to report suspected child abuse. The remainder of this averment is DENIED.<\/p>\n

52. DENIED. After a reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained within Paragraph 52 and therefore deny them. Strict proof will be demanded at the time of trial if the same be material.<\/p>\n

53. DENIED. The allegations contained within Paragraph 53 are denied as they are conclusions of law to which no responsive pleading is required.<\/p>\n

COUNT I<\/p>\n

54. This paragraph incorporates others by reference and no response is required.<\/p>\n

55. DENIED. The allegations contained within Paragraph 55 are denied as they are conclusions of law to which no responsive pleading is required. By way of further answer, Respondent reincorporates its response to Paragraph 37 here.<\/p>\n

56-57. DENIED. The allegations contained within Paragraphs 56-57 are denied as they are conclusions of law to which no responsive pleading is required.<\/p>\n

Clergymen (Ministers) of a Regularly Established Church<\/p>\n

58-64. DENIED. After a reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained within Paragraphs 58-64 and therefore deny them. Strict proof will be demanded at the time of trial if the same be material.<\/p>\n

Exceptions to the Clergymen Privilege<\/p>\n

65. DENIED. The allegations contained within Paragraph 65 are denied as they are conclusions of law to which no responsive pleading is required.<\/p>\n

66-67. DENIED. After a reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained within Paragraphs 66-67 and therefore deny them. Strict proof will be demanded at the time of trial if the same be material.<\/p>\n

68-73. DENIED. The allegations contained within Paragraphs 68-73 are denied as they are conclusions of law to which no responsive pleading is required.<\/p>\n

WHEREFORE, Respondent respectfully requests that the Court dismiss the Petition for Review or, alternatively, enter judgment upon a full and complete record obtained from necessary discovery.<\/p>\n

[document is 15 pages in length. To read the entire document, download the PDF link]<\/p>\n","protected":false},"excerpt":{"rendered":"

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