In C.E. v. Department of Public Welfare, 917 A.2d 348 (Pa. Cmwlth. 2007), a female child was in the care of C.E., who was the boyfriend of the child's mother, and three other adults during the period when the abuse occurred. The County named C.E. as an abuser, and, when C.E. sought expunction, the County argued that the presumption in section 6381(d) of the Law applied. The Court stated that the presumption issue was waived because the County did not raise it as an issue at the hearing before the ALJ. Id. at 356.