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In re Estate of Wagner

Parents of deceased child were entitled to production of child death review documents relating to performance of local children and youth services division in investigating day care provider.

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Argued: October 17, 2001

OPINION

Appellants Department of Public Welfare (DPW) and Lehigh County Office of Children and Youth Services (Lehigh CYS) appeal an order of the Court of Common Pleas of Lehigh County that granted the petition of Harry and Cherrie Wagner (Appellees) for the issuance of a subpoena duces tecum to the regional director of the Pennsylvania Office of Children and Youth Services. The subpoena sought all notes, records, reports and correspondence prepared and compiled in connection with a review of the Lehigh CYS procedures in the child abuse investigation of Joanne Stout, who killed Appellees’ minor son Andrew Jonathan Wagner (Decedent) while he was in Stout’s temporary care. Appellants contend that the trial court erred as a matter of law in concluding that Appellees are authorized to view and receive copies of the “child death review” *fn2 that DPW conducted into the performance of Lehigh CYS as a result of Decedent’s death.

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