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ST. ELIZABETH'S CHILD CARE CENTER v. DPW

No. 23 MAP 2007.

963 A.2d 1274 (2009)

ST. ELIZABETH'S CHILD CARE CENTER, Appellee v. DEPARTMENT OF PUBLIC WELFARE, Appellant.

Supreme Court of Pennsylvania.

Resubmitted January 22, 2009.

Decided February 19, 2009.

Attorney(s) appearing for the Case

Allen C. Warshaw, John A. Kane, Howard C. Ulan, Dept. of Public Welfare, Harrisburg, for Dept. of Public Welfare, appellant.

Philip J. Murren, Harrisburg, for St. Elizabeth's Child Care Center, appellee.

Gregory R. Reed, Law Offices of Gregory R. Reed, Harrisburg, for Keystone Christian Educ. Ass'n., appellee amicus curiae.

Randall Luke Wenger, Clymer & Musser, P.C., Camp Hill, for PA Family Inst. et al, appellee amicus curiae.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY and GREENSPAN, JJ.

OPINION

Justice EAKIN.

A Department of Public Welfare (DPW) field representative visited St. Elizabeth's Child Care Center, a nonprofit child day care center affiliated with the Roman Catholic Church. The field representative did not observe any health or safety hazards at the center; however, she determined it did not have a certificate of compliance. DPW regulations require all child day care centers providing...

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