A Commonwealth Court panel has ruled that the state Department of Human Services has the authority to issue cease-and-desist orders to day care centers that fail to abide by its regulations, but will allow a church to argue that the regulations violate its religious freedoms.
In an Oct. 31 ruling, Commonwealth Court Senior Judge James Gardner Colins, joined by Judges Robert Simpson and Julia Hearthway, rejected an argument posed by Our Lady of Victory Catholic Church in State College that DHS lacked the authority to issue cease-and-desist orders, but said the church should be granted an evidentiary hearing to demonstrate that the regulations violate its freedom to exercise its religious goals.
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