Decision upholds local child abuse ruling

Superior Court agrees that Blair County couple were responsible

The Pennsylvania Superior Court has upheld a ruling issued last April by Blair County Judge Wade A. Kagarise that found a Blair County couple to be "perpetrators of child abuse" due to accusations made by the mother's school-age child.

The child, who is now a teenager, told her mother on multiple occasions over the years that her stepfather had sexually abused her.

The mother never acted on the child's reports, which began when she was age 10.

On the first occasion the child reported the stepfather's sexual advances, her mother suggested that it was only a "dream."

The child in testimony replied it was not a dream.

Eventually, however, the child said she felt like she was being accused of lying, "so I just went with it and said maybe it was a dream."

At the time the family lived in Altoona.

The family then moved to another area of Blair County where, the child reported, a second incident occurred.

She again told her mother that improper touching had occurred.

The mother replied, "Just let it go."

In a third incident that occurred as the child was about to enter the seventh grade, the stepfather not only engaged in improper touching but offered the youngster money for sex.

She immediately reported the incident to her mother, who called her a liar.

The child told caseworkers from Blair County Children, Youth & Families that her mother never believed her and never took steps to protect her from the stepfather.

A caseworker with the child welfare agency took the child to the Blair County Child Advocacy Center for an interview and found the child's story to be consistent.

When confronted with the story, the mother began "yelling and screaming, or else refused to talk to caseworkers," according to testimony.

The caseworker stated before Kagarise, "across multiple times, her story did not change with what happened. There was an active criminal investigation as well."

According to the child, she kept a journal about what happened, and the Altoona Police Department secured the journal and confirmed to child welfare investigators that it existed.

Based on the evidence, Children, Youth & Families asked the judge to classify both the mother and stepfather as "perpetrators of child abuse."

During the hearing, the mother stated she disbelieved the child because she was "disobedient."

The stepfather during his testimony stated the child had made allegations against him 18, 20 times."

"I didn't do it," he stated.

Both the mother and stepfather filed appeals of Kagarise's findings, but a three-judge panel of the Superior Court last Friday issued an opinion that found Kagarise did not abuse his discretion in finding the couple to be perpetrators of child abuse.

The panel, consisting of Judges Judith F. Olson, Mary P. Murray and Dan Pelligrini concluded the mother committed sexual abuse or exploitation "through her acts, or failure to act."

The mother had contended that the evidence was insufficient to warrant the finding by the Blair County judge.

But, the Superior Court opinion stated, "a victim's uncorroborated testimony to sexual offenses committed upon her is sufficient in-and-of itself."

When it came to the stepfather, the Superior Court reviewed the testimony which was the basis for the Blair judge's ruling.

Kagarise stated in his opinion that the child had presented "numerous credible allegations" against the stepfather and that the mother "took no steps to inquire further into allegations and had no further conversations with (the) child."

"As a result, the child was subject to further abuse by the stepfather," Kagarise concluded.

According to the Superior Court opinion, "There was sufficient evidence from which the trial court could have properly concluded that the stepfather perpetrated sexual abuse upon the child."

The Superior Court judges explained that it did not use the names of the stepfather, mother and child to protect the child and others involved.