Whether you have had contact with the Office of Children and Youth (“OCY”) or not, it is important to understand how they may impact custody matters in family court. Preliminarily, the Office of Children and Youth is an arm of the Pennsylvania Department of Human Services (“DHS”) that investigates allegations of child abuse and provides support services for families, when necessary. In summary, OCY typically becomes involved with a family when they are called to investigate allegations of child abuse or when criminal charges are pending due to alleged abuse upon a child. If OCY is contacted due to an allegation of abuse, and you are the alleged abuser, you will receive a letter in the mail confirming that an investigation is underway. Once the investigation is completed, OCY will issue a letter determining whether the allegations of abuse are founded, unfounded, or indicated.
In the context of a custody matter, once an OCY investigation has been initiated, the court is now tasked with considering the best interest of the child(ren) while also bearing in mind the contact made with OCY. Especially with the implementation of Kayden’s law, which prompted a revision of the 16 custody factors to include substantial weighted consideration of abuse, the court generally has to take notice of who the alleged abuser was, the frequency/number of times OCY has been contacted, and whether there has been any findings of abuse.
Understanding this important task by the court, contact and the resulting findings may be used as the proverbial “sword” and “shield.” If following an investigation, the allegations have been deemed unfounded, this can be used as a “shield” for any ongoing claims of abuse that one party may raise in a custody matter. On the other hand, if the investigation has resulted in an “indicated” or “founded” finding, then one party may use that as a “sword” to limit the custodial rights of the other party. Note that if an investigation has resulted in a “founded” decision, then there may also be separate dependency proceedings initiated by the county themselves.
In addition to the outcome of the investigation, the frequency of investigations is just as important. If there have been multiple reports made to OCY, and all investigations resulted in unfounded decisions, then it is possible that the court may view the continued reports being made as efforts to interfere with the other party’s custodial time. In addition, while one parent may feel that the child is being abused, the continued narrative with repeated unfounded decisions may also damage the alleging party’s credibility. In the recent non-precedential case of Shiebley v. Lazar, Memorandum Decision, No. 498 MDA 2024, 2024 WL 5165229 (Pa. Super. December 19, 2024), the court did just that. The mother in this matter made repeated attempts to estrange the child from the father by making numerous calls to OCY. The mother also attempted to file for a Protection from Abuse Order on behalf of the child. All OCY investigations were unfounded and the Protection from Abuse Order was denied. Ultimately, the Court found that Mother’s actions were in furtherance of her “campaign of estrangement” and she lacked credibility as she continued to make allegations of abuse against the father in the custody matter.
Overall, knowing how contact with OCY may be used is just one of the important tools in the toolbox for a custody matter. If you believe that abuse on a child may be occurring, the appropriate authorities should be contacted, including OCY. However, note that if the result is an unfounded decision, it is possible this information could be used against you.
If you suspect child abuse or neglect, you can make a report through Pennsylvania ChildLine at 1-800-932-0313.
