Full opinion text
MEMORANDUM OPINION NORA BARRY FISCHER, District Judge. I. Introduction This action involves a constitutional challenge to certain provisions of Pennsylvania’s Child Protective Services Law (“CPSL”) [23 Pa. Cons. Stat. § 6301 et seq.\ Pending before the Court is a motion to dismiss filed by the Defendants pursuant to Federal Rule of Civil Procedure 12(b), subsections (1) and (6). Docket No. 20. For the reasons that follow, the motion will be granted in part and denied in part. II. Background Plaintiff Melissa M. Burns (“Burns”) is an adult individual residing in North Fayette Township, Pennsylvania. Docket No. 17 at ¶ 1. She is the owner and operator of the Helping Hands Childcare and Learning Center (“Helping Hands”), which is a child-care facility located in Imperial, Pennsylvania. Id. at ¶ 2. Helping Hands earned a three-star rating from Pennsylvania’s Keystone STARS program prior to the events in question. Id. To achieve such a rating, a facility must satisfy criteria exceeding the normal licensing requirements for all such facilities operating in Pennsylvania. Id. at ¶ 42. As a three-star facility, Helping Hands received grants to sustain additional educational programs. Id. Defendant Gary D. Alexander (the “Secretary”) is Pennsylvania’s Acting Secretary of Public Welfare. Id. at ¶ 3. At all times relevant to this case, Defendant Raymond S. Hart (“Hart”) was employed by Pennsylvania’s Department of Public Welfare (“DPW”) as a Regional Program Representative. Id. at ¶ 4. He worked out of the Western Regional Children, Youth and Families Office, which is located in Pittsburgh, Pennsylvania. Id. The CPSL requires certain individuals to report known cases of child abuse to the DPW or the appropriate county agencies. 23 Pa. Cons. Stat. § 6311(a)-(b). In addition to those statutorily required to furnish such reports to the appropriate authorities, “any person may make such a report if that person has reasonable cause to suspect that a child is an abused child.” 23 Pa. Cons. Stat. § 6312. A report submitted by an individual having a statutory duty of disclosure “shall be made immediately by telephone and in writing within 48 hours after the oral report.” 23 Pa. Cons. Stat. § 6313(a). Pursuant to the terms of the CPSL, the DPW maintains both a “Statewide central register” consisting of “founded and indicated reports” of child abuse and “a single Statewide toll-free telephone number that all persons, whether mandated by law or not, may use to report cases of suspected child abuse.” 23 Pa. Cons. Stat. §§ 6331(2), 6332(a). After receiving a “report of suspected child abuse,” a county agency must “commence an appropriate investigation” and meet with the child alleged to have been abused within 24 hours. 23 Pa. Cons. Stat. § 6368(a). Before interviewing the alleged perpetrator of the abuse, the county agency is required to orally notify the accused individual of both the existence of the report and the rights that he or she enjoys under the CPSL. 23 Pa. Cons. Stat. § 6368(a). After providing such oral notice, the county agency has 72 hours to supply the alleged perpetrator with a written notice containing the same information. Id. Once a “report of suspected child abuse” has been received, a county agency must determine within 60 days whether to classify the report as a “founded report,” an “indicated report,” or an “unfounded report.” 23 Pa. Cons. Stat. § 6368(c). A report constitutes a “founded report” where there has been a “judicial adjudication based on a finding that a child who is a subject of the report has been abused, including the entry of a plea of guilty or nolo contendere or a finding of guilt to a criminal charge involving the same factual circumstances involved in the allegation of child abuse.” 23 Pa. Cons. Stat. § 6303(a). A report constitutes an “indicated report” if an investigation'by the DPW or a county agency reveals that “substantial evidence of the alleged abuse exists” based on “[available medical evidence,” “[t]he child protective service investigation,” or “[a]n admission of the acts of abuse by the perpetrator.” Id. “Substantial evidence” is defined as “[ejvidence which outweighs inconsistent evidence and which a reasonable person would accept as adequate to support a conclusion.” Id. Where a report of suspected child abuse is neither a “founded report” nor an “indicated report,” it is automatically classified as an “unfounded report.” Id. The failure of a county agency to make a finding within the statutory 60-day period results in a determination that the relevant report is “unfounded.” 23 Pa. Cons. Stat. § 6337(b). When it receives “a complaint of suspected child abuse,” the DPW is required to “maintain a record of the complaint ... in the pending complaint file.” 23 Pa. Cons.Stat. § 6334(c). The CPSL provides that “[w]hen a report of suspected child abuse ... is determined by the appropriate county agency to be a founded report or an indicated report, the information concerning that report ... shall be expunged immediately from the pending complaint file, and an appropriate entry shall be made in the Statewide central register.” 23 Pa. Cons.Stat. § 6338(a). Notice of such a determination must be given to the perpetrator of the abuse. Id. This notice must inform the individual that his or her “ability to obtain employment in a child-care facility or program ... may be adversely affected by [the] entry of the report in the Statewide central register.” Id. “Any person named as a perpetrator ... in an indicated report of child abuse may, within 45 days of being notified of the status of the report,” request that the Secretary “amend or expunge” the report on the ground that it is “inaccurate.” 23 Pa. Cons. Stat. § 6341(a)(2). If the request is granted, the county agency may file an administrative appeal within 45 days. 23 Pa. Cons. Stat. § 6341(b). If the Secretary either denies the request or fails to act on it within 30 days, the alleged perpetrator has 45 days from the date of the letter denying the request to demand a hearing. 23 Pa. Cons. Stat. § 6341(c). At such a hearing, the “appropriate county agency” bears the burden of proving that “substantial evidence of the abuse exists.” 23 Pa. Cons. Stat. §§ 6303(a), 6341(c). In any case in which a report of child abuse is initially found to be an “indicated report,” the statutorily-required notice of the determination must inform the individual of his or her right to appeal the determination “within 45 days after being notified of the status of the report,” and of his or her “right to a hearing if the [appeal] is denied.” 23 Pa. Cons. Stat. § 6338(a). An administrator of a “child-care service” must require each prospective employee to submit a “certification” from the DPW revealing whether he or she has been “named in the central register as the perpetrator of a founded report of child abuse,” or as the perpetrator of an “indicated report of child abuse,” within the preceding year. 23 Pa. Cons. Stat. § 6344(b)(2). An applicant who is “named in the central register as the perpetrator of a founded report of child abuse committed within the five-year period immediately preceding verification” may not be hired. 23 Pa. Cons. Stat. § 6344(c)(1). As the owner and operator of Helping Hands, Burns was required to comply with this statutory mandate. Docket No. 17 at ¶ 44; 23 Pa. Cons. Stat. § 6344(e), (f). In May 2008, Helping Hands began to provide daily child-care and educational services to a three-year-old girl named “DM” and her five-year-old sister. Id. at ¶ 46. Both of the girls had been placed in therapeutic foster care and were under the supervision of a foster family. Id. at ¶ 47. DM was known to be suffering from socialization problems and elevated levels of lead in her blood. Id. at ¶¶ 48-49. At approximately 9:15 A.M. on November 17, 2008, DM and her sister were transported to Helping Hands by their foster father. Id. at ¶ 50. Fifteen minutes later, DM began to complain of pain in her arm. Id. at ¶ 51. These complaints persisted for over an hour. Id. Burns unsuccessfully tried to contact DM’s foster father at 10:30 A.M. Id. Shortly thereafter, DM started to engage in aggressive behavior. Id. at ¶ 52. She began to throw toys and fight with other children. Id. Burns responded by escorting DM into the facility’s kitchen and lifting her into a high chair. Id. at ¶ 55. A 30-foot wall separated the kitchen from the area in which DM had been playing, making it impossible for the other children to view Burns’ interactions with DM. Id. at ¶ 54. DM did not cry or otherwise indicate that she was in distress. Id. at ¶ 55. She was not within the view of her sister, who was roughly 40 to 50 feet away. Id. at ¶ 57. DM was subsequently taken out of the high chair and allowed to resume her interactions with the other children. Id. at ¶ 58. At 11:30 A.M., DM’s foster father telephoned Helping Hands personnel and informed them that he would check her arm when he arrived to take her sister to a kindergarten class. Id. at ¶ 59. He arrived at Helping Hands 45 minutes later, at which point DM began to cry because of her inability to put on a coat. Id. at ¶ 60. DM’s foster father became agitated and tried to force her arm into the sleeve of the coat. Id. at ¶ 61. DM continued to cry. Id. Burns suggested that DM be permitted to stay at the facility longer in order to take a nap. Id. DM’s foster father agreed to this arrangement and left the facility with DM’s sister. Id. He later returned to pick DM up. Id. at ¶ 62. DM never went back to Helping Hands. Id. On November 19, 2008, Hart sent Burns a letter informing her that she had been named as an alleged perpetrator of child abuse in connection with her treatment of DM. Id. at ¶ 63. The letter explained the three possible findings that could be made with respect to the report. Id. at ¶ 66. Although Burns was informed of the negative consequences that would befall her if the report were deemed to be a “founded report,” she was never warned of the negative implications of a determination that the report was an “indicated report.” Id. at ¶ 67. When Burns inquired as to whether she should be concerned about the investigation, she was told that it was “routine,” and that she had nothing to worry about. Id. at ¶ 70. Hart interviewed DM and her sister eight days later. Id. at ¶ 71. He subsequently went to Helping Hands, where he interviewed Burns and three members of her staff. Id. at ¶ 78. Each interview lasted between 10 and 15 minutes. Id. The interviews were conducted in an office located approximately three feet inside of the entrance to Helping Hands. Id. at ¶ 77. Hart was told that DM had complained of pain prior to being escorted into the kitchen and lifted into the high chair. Id. at ¶ 79. The three staff members explained that they had not seen Burns lift DM into the high chair. Id. The placement of DM into the high chair, however, had apparently occurred in close proximity to one of the staff members, who indicated that DM had exhibited no signs of pain or distress while being lifted and transported by Burns. Id. After completing the interviews, Hart left Helping Hands without examining the area in which the abuse was alleged to have occurred. Id. at ¶ 80. He neither inspected the layout of the kitchen nor observed the place where DM’s sister had been at the time of the incident. Id. After concluding his investigation, Hart determined that the report of abuse that had been made in connection with Burn’s treatment of DM was an “indicated report.” Id. at ¶ 82. Hart notified Burns of this determination on December 16, 2008. Id. at ¶ 83. Burns was informed that she had been listed as an “indicated” abuser in the central register. Id. She was made aware of this listing only after her name had already been added to the central register. Id. at ¶ 84. As a result of her status as an “indicated” child abuser, Burns was instructed to remove herself from Helping Hands and inform the parents of her students in writing about the situation. Id. at ¶ 85. Shortly thereafter, state authorities informed Burns that her operating license would not be renewed, and that she was required to display a notice to that effect at the entrance of Helping Hands. Id. at ¶ 86. Helping Hands was suspended from the Keystone STARS program and stripped of its three-star rating. Id. at ¶ 87. As a result of the suspension, Helping Hands lost over $30,000.00 in grant money and tuition support. Id. Notice of the suspension was published on Keystone STARS’ publicly-accessible website. Id. Burns requested a copy of Hart’s investigative report. Id. at ¶ 89. She was provided only with a copy of the “CY-48” form that Hart had prepared in connection with his determination. Id. The form contained language indicating that Hart had made his determination based on “credible and convincing” information provided by DM and her sister, and on a medical report setting forth the specific nature of DM’s injury. Id. at ¶ 90. Although the injury was described on the form as an “elbow dislocation,” Burns alleges that it was actually a “radial head subluxation,” which is commonly referred to as “nursemaid’s elbow.” Id. at ¶ 91. After learning of her status as an “indicated” child abuser, Burns requested an expunction hearing with the DPW. Id. at ¶ 93. Although the hearing request was submitted to the DPW’s Division of Operations and Quality Control on January 7, 2009, it was not forwarded to the Bureau of Hearings and Appeals until January 30, 2009. Id. at ¶ 94. On February 19, 2009, a hearing was scheduled for April 8, 2009. Id. Six days later, the hearing was rescheduled for April 30, 2009. Id. Burns was provided with a “Unified Pre-Hearing Filing Instruction Sheet,” which outlined her right to subpoena witnesses and documentary evidence by completing a “Unified Pre-Expunetion Hearing Document.” Id. at ¶ 95. The instruction sheet indicated that all subpoena requests needed to be submitted to the administrative law judge (“ALJ”) assigned to the case no later than 15 days before the hearing. Id. at ¶ 96. In accordance with the instructions, Burns submitted her subpoena requests to the ALJ in a timely manner. Id. at ¶ 95. The CPSL contains provisions limiting the disclosure of information obtained by the DPW and county agencies during the course of investigations. Section 6339 of the CPSL provides: § 6339. Confidentiality of reports Except as otherwise provided in this subehapter, reports made pursuant to this chapter, including, but not limited to, report summaries of child abuse and written reports made pursuant to section 6313(b) and (c) (relating to reporting procedure) as well as any other information obtained, reports written or photographs or X-rays taken concerning alleged instances of child abuse in the possession of the department or a county agency shall be confidential. 23 Pa. Cons. Stat. § 6339. Section 6340(a)(5) permits reports specified in § 6339 to be made available to “[a] court of competent jurisdiction ... pursuant to [a] court order or subpoena in a criminal matter involving a charge of child abuse.... ” 23 Pa. Cons. Stat. § 6340(a)(5). Section 6340(b) provides that “a subject of a report” may, upon written request, receive a copy of “all information, except that prohibited from being disclosed by subsection (c), contained in the Statewide central register or in any report filed pursuant to [§ ] 6313....” 23 Pa. Cons. Stat. § 6340(b). An “alleged or actual perpetrator” of child abuse named in a report made to the DPW or a county agency qualifies as “a subject of a report” within the meaning of this statute. 23 Pa. Cons.Stat. § 6303(a). Subsections (b) and (c) of § 6313 govern the submission and receipt of reports of suspected child abuse supplied by outside individuals to county agencies. 23 Pa. Cons. Stat. § 6313(b)-(c). The specific information contained in the central register with respect to a particular report is governed by § 6336(a), which enumerates 13 specific types of information and provides that “[n]o information other than that permitted [thereunder] shall be retained in the Statewide central register.” 23 Pa. Cons. Stat. § 6336(a). In Dauphin County Social Services for Children & Youth v. Department of Public Welfare, 855 A.2d 159, 164-165 (Pa. Commw.Ct.2004), the Pennsylvania Commonwealth Court construed § 6339 to prohibit the disclosure of information to an alleged perpetrator of child abuse obtained during the course of an investigation but not recorded in the central register or contained in the initial report of suspected child abuse. The language of § 6340(b) permits only the disclosure of information recorded in the central register or contained in an initial report submitted pursuant to § 6313. 23 Pa. Cons.Stat. § 6340(b). The Commonwealth Court reasoned that the remaining information discovered during the course of the investigation had to be kept “confidential” within the meaning of § 6339. Dauphin County, 855 A.2d at 164-165. Thus, the individual seeking additional information {i.e., an alleged perpetrator of sexual abuse) was not permitted to discover such information in connection with his appeal to the DPW. Id. The Commonwealth Court further declared that since the administrative appeal had not arisen within the context of a “criminal matter,” the information was not subject to disclosure under § 6340(a)(5). Id. at 165. Although the ALJ granted all subpoena requests which had been made by the DPW, she declined to render a decision concerning Burns’ requests. Docket No. 17 at ¶ 97. The ALJ telephoned Burns’ counsel and stated that her discretion to grant or deny the subpoena requests was limited by the Commonwealth Court’s decision in Dauphin County. Id. at ¶ 97(a). Burns’ counsel responded by saying that Dauphin County could not control the disposition of the subpoena requests because Burns had a constitutional right to access the desired information. Id. at ¶ 97(b). The ALJ indicated that she would rule on Burns’ requests before the passage of the discovery cut-off date, but she failed to follow through on that promise. Id. at ¶ 97(c). Fifteen days before the scheduled hearing, Burns’ subpoena requests were still pending, leaving her without an effective means to defend herself against the allegations which had been lodged against her. Id. at ¶¶ 98-99. On April 20, 2009, just 10 days before the scheduled hearing, the DPW notified both Burns and the ALJ that it would not be presenting a case or making an appearance at the hearing. Id. at ¶ 100. The ALJ responded by directing the DPW to remove Burns’ name from the central register. Id. at ¶ 101. The listing of Helping Hands as a suspended center on Keystone STARS’ website was not corrected until September 2009, at which point the prime enrollment season for child-care services had already ended. Id. at ¶ 102. Although Keystone STARS reinstated Helping Hands, Burns was informed that she would not be able to recover the $30,000.00 in grant money that she had lost. Id. at ¶ 103. Burns commenced this action against the Secretary and Hart on April 24, 2010, alleging violations of the Fourteenth Amendment to the United States Constitution. Docket No. 1. An amended complaint was filed three days later. Docket No. 3. The Defendants filed a motion to dismiss on June 25, 2010, challenging the Court’s subject-matter jurisdiction to adjudicate the claims against the Secretary and contending that Hart was entitled to qualified immunity. Docket Nos. 8 & 9. Burns responded by filing a brief in opposition to the motion. Docket No. 14. The parties were afforded the opportunity to advance their respective positions during the course of an oral argument session conducted on September 28, 2010. Docket No. 15. At that time, Burns was given 30 days to amend her complaint. Id. On October 28, 2010, Burns filed her second amended complaint in accordance with the Court’s instructions, thereby rendering the Defendants’ motion to dismiss moot. Docket No. 17. The next day, the Court entered an order terminating the motion. The Defendants filed a renewed motion to dismiss on December 6, 2010, advancing the same arguments that they had raised in support of their earlier motion. Docket No. 20. That motion is the subject of this memorandum opinion. III. Standards of Review A motion to dismiss filed pursuant to Federal Rule of Civil Procedure 12(b)(1) challenges a court’s subject-matter jurisdiction over the plaintiffs’ claims. Fed. R. Civ. P. 12(b)(1). “At issue in a Rule 12(b)(1) motion is the court’s very power to hear the case.’ ” Judkins v. HT Window Fashions Corp., 514 F.Supp.2d 753, 759 (W.D.Pa.2007), quoting Mortensen v. First Federal Savings & Loan Association, 549 F.2d 884, 891 (3d Cir.1977). As the party asserting that jurisdiction exists, the plaintiff bears the burden of showing that his or her claims are properly before the court. Development Finance Corp. v. Alpha Housing & Health Care, 54 F.3d 156, 158 (3d Cir.1995). In reviewing a Rule 12(b) (1) motion, a court must determine whether the attack on its jurisdiction is a facial attack or a factual attack. A facial attack challenges the sufficiency of the plaintiffs pleadings on jurisdictional grounds. Petrusha v. Gannon University, 462 F.3d 294, 302, n. 3 (3d Cir.2006). When considering a facial attack, a court must accept the allegations contained in the plaintiffs complaint as true. Id. A factual attack on the court’s jurisdiction must be treated differently. Id. When considering a factual attack, the court does not attach a presumption of truthfulness to the plaintiffs allegations, and the existence of disputed material facts does not preclude the court from deciding for itself whether jurisdiction over the plaintiffs claims can be properly exercised. Mortensen, 549 F.2d at 891. In light of the United States Supreme Court’s decision in Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007), a complaint may be dismissed pursuant to Federal Rule of Civil Procedure 12(b)(6) if it does not allege “enough facts to state a claim to relief that is plausible on its face.” Phillips v. County of Allegheny, 515 F.3d 224, 234 (3d Cir.2008), quoting Twombly, 550 U.S. at 570, 127 S.Ct. 1955. “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, - U.S. -, -, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009). This standard requires more than “a formulaic recitation of the elements of a cause of action.” Twombly, 550 U.S. at 555, 127 S.Ct. 1955. The complaint must allege a sufficient number of facts “to raise a right to relief above the speculative level.” Id. This requirement is designed to facilitate the notice-pleading standard of Federal Rule of Civil Procedure 8(a)(2), which requires “a short and plain statement of [a] claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2) (emphasis added). In considering a motion to dismiss filed pursuant to Rule 12(b) (6), a court accepts all of the plaintiffs allegations as true and views all reasonable inferences drawn from those allegations in the light most favorable to the plaintiff. Buck v. Hampton Township School District, 452 F.3d 256, 260 (3d Cir.2006). Nonetheless, a court need not credit bald assertions, unwarranted inferences, or legal conclusions cast in the form of factual averments. Morse v. Lower Merion School District, 132 F.3d 902, 906, n. 8 (3d Cir.1997). The primary question in deciding a motion to dismiss is not whether the plaintiff will ultimately prevail, but rather whether he or she is entitled to offer evidence to establish the facts alleged in the complaint. Maio v. Aetna, 221 F.3d 472, 482 (3d Cir.2000). The purpose of a motion to dismiss is to “streamline[ ] litigation by dispensing with needless discovery and factfinding.” Neitzke v. Williams, 490 U.S. 319, 326-327, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989). In addition to the allegations contained in the complaint, a court may consider matters of public record, exhibits attached to the complaint, and other items appearing in the record of the case. Oshiver v. Levin, Fishbein, Sedran & Berman, 38 F.3d 1380, 1384, n. 2 (3d Cir.1994). IV. Discussion Burns brings her claims against the Secretary and Hart pursuant to 42 U.S.C. § 1983, which provides: § 1983. Civil action for deprivation of rights Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. 42 U.S.C. § 1983. Section 1983 “does not create substantive rights,” but instead “provides a remedy for the violation of rights conferred by the Constitution or other statutes.” Maher v. Gagne, 448 U.S. 122, 129, n. 11, 100 S.Ct. 2570, 65 L.Ed.2d 653 (1980). A plaintiff cannot prevail in an action brought under § 1983 without establishing an underlying violation of a federal constitutional or statutory right. Collins v. City of Harker Heights, 503 U.S. 115, 119, 112 S.Ct. 1061, 117 L.Ed.2d 261 (1992) (remarking that § 1983 “does not provide a remedy for abuses that do not violate federal law”). “Section 1983 itself contains no state-of-mind requirement independent of that necessary to state a violation’ of the underlying federal right.” Board of County Commissioners v. Brown, 520 U.S. 397, 405, 117 S.Ct. 1382, 137 L.Ed.2d 626 (1997), quoting Daniels v. Williams, 474 U.S. 327, 330, 106 S.Ct. 662, 88 L.Ed.2d 662 (1986). The first step in the Court’s analysis is to “identify the exact contours of the underlying right said to have been violated.” County of Sacramento v. Lewis, 523 U.S. 833, 841, n. 5, 118 S.Ct. 1708, 140 L.Ed.2d 1043 (1998). All of Burns’ claims arise under the Due Process Clause of the Fourteenth Amendment. Docket No. 17 at ¶¶ 106-157. The Due Process Clause provides that “[n]o State shall ... deprive any person of life, liberty, or property, without due process of law .... ” U.S. Const., Amend. XIV, § 1. Burns alleges that the Defendants violated her rights under the Due Process Clause by classifying her as an “indicated” child abuser on the basis of insufficient evidence, by failing to provide her with a pre-deprivation hearing prior to taking that action, by failing to provide her with a timely post-deprivation hearing, and by preventing her from obtaining access to documents that were of critical importance to her case. Docket No. 17 at ¶¶ 107-108, 129-133, 149-155. She challenges the constitutionality of the CPSL both on its face and as applied to her particular situation. A. The Jurisdictional Challenge Concerning the Official-Capacity Claims Burns seeks declaratory and injunctive relief against the Secretary. Docket No. 17 at ¶¶ 106-133, 156-157. The Secretary challenges the Court’s subject-matter jurisdiction to entertain Burns’ official-capacity claims against him on two separate grounds. Docket No. 21 at 3-11. First, he argues that the claims are barred by the Eleventh Amendment. Id. at 3-7. Second, he contends that there is no live “Case” or “Controversy” within the meaning of Article III insofar as Burns seeks prospective relief. Id. at 7-11. These arguments will be addressed in sequential order. 1. The Eleventh Amendment The Eleventh Amendment to the United States Constitution provides that “[t]he Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.” U.S. Const., Amend. XI. Although its precise language is relatively narrow in scope, the Eleventh Amendment has been construed by the Supreme Court “to stand not so much for what it says, but for the presupposition of our constitutional structure which it confirms.” Blatchford v. Native Village of Noatak, 501 U.S. 775, 779, 111 S.Ct. 2578, 115 L.Ed.2d 686 (1991). This presupposition is based on the understanding that “the States entered the federal system with their sovereignty intact,” that “[t]he Judicial power of the United States” is limited by this sovereignty, and that a State will not be subjected to suits in federal court brought by private individuals unless it has consented to such suits either expressly or in the “plan of the convention.” Id. Pennsylvania has not waived its immunity from suit in federal court. 42 Pa. Cons.Stat. § 8521(b). The Secretary contends that the Court lacks subject-matter jurisdiction to adjudicate the claims asserted against him. Docket No. 21 at 3-7. Congress has the constitutional authority to enact legislation designed to “enforce” the substantive provisions of the Fourteenth Amendment. U.S. Const., Amend. XIV, § 5. When it validly invokes this power, Congress may abrogate the States’ Eleventh Amendment immunity and subject them to suits brought by private individuals. Fitzpatrick v. Bitzer, 427 U.S. 445, 456, 96 S.Ct. 2666, 49 L.Ed.2d 614 (1976). When Congress takes this action, it must make its intention to abrogate the States’ constitutionally-secured immunity from suit “unmistakably clear in the language of the statute” authorizing the types of civil actions in question. Atascadero State Hospital v. Scanlon, 473 U.S. 234, 242, 105 S.Ct. 3142, 87 L.Ed.2d 171 (1985). Since § 1983 does not contain language evincing a legislative intent to subject the States to suits for money damages, it has not been construed by the Supreme Court as an abrogation of the States’ Eleventh Amendment immunity. Quern v. Jordan, 440 U.S. 332, 342-343, 99 S.Ct. 1139, 59 L.Ed.2d 358 (1979). In this vein, the Supreme Court has determined that the States are not “persons” subject to suit under § 1983. Will v. Michigan Dept. of State Police, 491 U.S. 58, 62-71, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989). An official-capacity suit brought against a state official is no different from a suit brought against the State itself, since an award of damages arising therefrom must be executed against the assets of the State rather than against the personal assets of the named official. Kentucky v. Graham, 473 U.S. 159, 165-166, 105 S.Ct. 3099, 87 L.Ed.2d 114 (1985). For this reason, the Supreme Court has explained that a state official sued in his or her official capacity for monetary relief is not a “person” within the meaning of § 1983. Will, 491 U.S. at 71, 109 S.Ct. 2304. Apparently recognizing that the Secretary (in his official capacity) is not a “person” subject to suit for money damages under § 1983, Burns seeks only prospective relief against him. Docket No. 26 at 6. Strictly speaking, the form of relief sought by a plaintiff has no bearing on whether his or her action against a State is barred by the Eleventh Amendment. Seminole Tribe of Florida v. Florida, 517 U.S. 44, 58, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996). Nevertheless, the nature of the relief sought by an individual often makes a difference when a petitioner brings an official-capacity action against a state official. A state official sued in his or her official capacity for prospective relief is a “person” within the meaning of § 1983, since an official-capacity action brought against a state official by a plaintiff seeking prospective relief is not treated as an action against the State. Will, 491 U.S. at 71, n. 10, 109 S.Ct. 2304. This principle is rooted in Ex Parte Young, 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed. 714 (1908), in which the Supreme Court declared: The act to be enforced is alleged to be unconstitutional, and if it be so, the use of the name of the State to enforce an unconstitutional act to the injury of complainants is a proceeding without the authority of and one which does not affect the State in its sovereign or governmental capacity. It is simply an illegal act upon the part of a state official in attempting by the use of the name of the State to enforce a legislative enactment which is void because unconstitutional. If the act which the state Attorney General seeks to enforce be a violation of the Federal Constitution, the officer in proceeding under such enactment comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States. Young, 209 U.S. at 159-160, 28 S.Ct. 441. In light of Young, the Eleventh Amendment ordinarily raises no bar to an official-capacity action brought against a state official by a plaintiff seeking prospective relief to end an ongoing violation of federal law., Idaho v. Coeur d’Alene Tribe, 521 U.S. 261, 281, 117 S.Ct. 2028, 138 L.Ed.2d 438 (1997). In support of his motion to dismiss, the Secretary argues that Burns does not sufficiently allege an “ongoing violation of federal law” to invoke the rule established in Young and circumvent the immunity that he otherwise enjoys under the Eleventh Amendment. Docket No. 21 at 3-7. He evidently believes that the nature of the relief sought by a plaintiff somehow turns on the plaintiffs subjective motivations for bringing an action. The Secretary’s argument is based on a misunderstanding of the inquiry required under Young. In this context, the only relevant question is whether Burns’ second amended complaint “alleges an ongoing violation of federal law and seeks relief properly characterized as prospective.” Verizon Maryland, Inc. v. Public Service Commission, 535 U.S. 635, 645, 122 S.Ct. 1753, 152 L.Ed.2d 871 (2002), quoting Coeur d’Alene Tribe, 521 U.S. at 296, 117 S.Ct. 2028 (O’Connor, J., concurring in part and concurring in the judgment). Burns alleges that the CPSL is facially unconstitutional. Docket No. 17 at ¶¶ 106-123, 128-133. It is beyond dispute that the Secretary enforces and administers this statute. As the language in Young makes clear, the continued enforcement and application of an unconstitutional state statute is itself an ongoing violation of federal law. Young, 209 U.S. at 159-160, 28 S.Ct. 441. The relief sought by Burns (in relation to the Secretary) is clearly prospective in nature. She seeks an injunction barring the future enforcement of the statutory provisions alleged to be unconstitutional. Docket No. 17 at ¶¶ 106-133. The relief that she requests is not retrospective. The inquiry as to whether Burns can proceed under Young does not include an analysis of the merits of her claims. Verizon Maryland, Inc., 535 U.S. at 646, 122 S.Ct. 1753. Furthermore, it is of no significance that past injuries may have motivated Burns’ decision to bring this action. Smith v. Secretary of the Army, 384 F.3d 1288, 1294 (Fed.Cir.2004) (explaining that the “subjective motivations” underlying an action “do not govern the issue of jurisdiction”). Since Burns seeks prospective relief {i.e., an order enjoining the future enforcement of certain statutory provisions) to redress an ongoing violation of federal law (i.e., the continued enforcement of statutory provisions alleged to be unconstitutional), this case falls squarely within the rule established by the Supreme' Court in Young. The Eleventh Amendment provides the Secretary with no defense against the official-capacity claims asserted by Burns in this case. 2. Standing Like all other Article III tribunals established by Congress, this Court exercises “[t]he judicial Power of the United States.” U.S. Const., Art. Ill, § 1. This power is validly exercised only where a live “Case” or “Controversy” exists between the parties. Id. An action does not constitute a justiciable “Case” or “Controversy” unless the person bringing the action has the proper legal “standing” to do so. Flast v. Cohen, 392 U.S. 83, 95, 88 S.Ct. 1942, 20 L.Ed.2d 947 (1968). In order for a plaintiff to have Article II I standing, he or she must establish that: (1) he or she has suffered an “injury in fact” (i.e., an invasion of a legally protected interest that is both (a) concrete and particularized and (b) actual or imminent, and not merely conjectural or hypothetical); (2) there is a causal relationship between his or her injury and the alleged conduct of the defendant; and (3) it is likely that the injury will be redressed by a decision rendered in his or her favor. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-561, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992). A plaintiff must establish standing separately for each form of relief that he or she seeks. Toll Brothers, Inc. v. Township of Readington, 555 F.3d 131, 138, n. 5 (3d Cir.2009). While a past injury attributable to the misconduct of a defendant is generally sufficient to provide a plaintiff with standing to seek monetary relief, it does not provide him or her with standing to seek prospective relief unless he or she is likely to suffer similar harm in the future if the requested relief is not provided. Stack v. City of Hartford, 170 F.Supp.2d 288, 293-294 (D.Conn.2001); Charron v. Picano, 811 F.Supp. 768, 775 (D.R.I.1993). There is no question that Burns and the Secretary were involved in a live “Controversy” between the commencement of Hart’s investigation in November 2008 and the removal of Burns’ name from the central register in April 2009. The “case-or-controversy requirement” of Article III, however, “subsists through all stages of federal judicial proceedings.” Lewis v. Continental Bank Corp., 494 U.S. 472, 477, 110 S.Ct. 1249, 108 L.Ed.2d 400 (1990). A plaintiff cannot demonstrate the continued existence of a “Case” or “Controversy” simply by showing that a justiciable dispute existed when his or her lawsuit was filed. Id. When a case becomes moot, a federal court is deprived of its power to act, since there is nothing left for the court to remedy. Spencer v. Kemna, 523 U.S. 1, 18, 118 S.Ct. 978, 140 L.Ed.2d 43 (1998). “[A] case is moot when the issues are no longer live’ or the parties lack a legally cognizable interest in the outcome.” Powell v. McCormack, 395 U.S. 486, 496, 89 S.Ct. 1944, 23 L.Ed.2d 491 (1969). The Secretary contends that Burns lacks a legally cognizable interest in securing prospective relief, since her name is no longer listed in the central register. Docket No. 21 at 7-11. In response to the Secretary’s jurisdictional challenge, Burns argues that the Court has jurisdiction to adjudicate her official-capacity claims pursuant to an established exception to the mootness doctrine for disputes that are “capable of repetition” but nevertheless evade judicial review. Docket No. 26 at 6-9. This exception to the mootness doctrine “applies where (1) the challenged action is in its duration too short to be fully litigated pri- or to cessation or expiration; and (2) there is a reasonable expectation that the same complaining party will be subject to the same action again.’” Federal Election Commission v. Wisconsin Right to Life, Inc., 551 U.S. 449, 462, 127 S.Ct. 2652, 168 L.Ed.2d 329 (2007), quoting Spencer, 523 U.S. at 17, 118 S.Ct. 978. Burns asserts that a challenge to an investigation commenced under the CPSL could not be fully litigated during the investigatory period, which cannot extend beyond 60 days (and which typically concludes within 30 days). 23 Pa. Cons. Stat. § 6368(c). She contends that her status as the owner and operator of Helping Hands creates a reasonable expectation that she will again be subjected to a child-abuse investigation. Docket No. 26 at 6-9. For these reasons, Burns believes that the Court should consider the merits of her official-capacity claims. While some of Burns’ official-capacity claims relate to the investigatory period, others relate to statutory procedures which postdate that period. Docket No. 17 at ¶¶ 106-133. In any event, however, all of the claims involve challenges to procedures to which Burns was no longer being subjected when she commenced this action. Burns’ name was removed from the central register on April 20, 2009. Id. at ¶ 101. This action was not commenced until April 24, 2010. Docket No. 1. The Supreme Court has consistently held that the exception to the mootness doctrine invoked by Burns cannot be relied upon to revive a dispute that was already moot before the commencement of the action at issue. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167, 191, 120 S.Ct. 693, 145 L.Ed.2d 610 (2000) (explaining that “if a plaintiff lacks standing at the time the action commences, the fact that the dispute is capable of repetition yet evading review will not entitle the complainant to a federal judicial forum”); Steel Co. v. Citizens for a Better Environment, 523 U.S. 83, 109, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998) (remarking that a presumption of future injury typically applied “to refute the assertion of mootness by a defendant who ... ceases the complained-of activity ... when sued in a complaint that alleges present or threatened injury” cannot be invoked “as a substitute for the allegation of present or threatened injury upon which initial standing must be based”); Renne v. Geary, 501 U.S. 312, 320, 111 S.Ct. 2331, 115 L.Ed.2d 288 (1991) (declaring that “the mootness exception for disputes capable of repetition yet evading review ... will not revive a dispute which became moot before the action commenced”). The exception can be applied only where an already-commenced action becomes moot because of subsequent developments. Given that her earlier dispute with the Secretary became moot prior to the commencement of this action, Burns must show that she has standing to seek prospective relief “in the first instance” in order to proceed with her official-capacity claims. Romano v. SLS Residential, Inc., 246 F.R.D. 432, 440 (S.D.N.Y.2007). It is more difficult for a plaintiff to surmount this hurdle than it is for him or her to establish the “reasonable expectation” of future injury needed to save a case from mootness. Friends of the Earth, Inc., 528 U.S. at 190, 120 S.Ct. 693 (stating that “there are circumstances in which the prospect that a defendant will engage in (or resume) harmful conduct may be too speculative to support standing, but not too speculative to overcome mootness”). In order to show that she has standing to seek prospective relief against the Secretary, Burns must show both that she is likely to find herself in the same or similar circumstances giving rise to the allegedly unconstitutional conduct and that she is likely to again be subjected to the allegedly unconstitutional conduct. Travelers Social Club v. City of Pittsburgh, 685 F.Supp. 929, 932 (W.D.Pa.1988). It is reasonable to assume that Burns will again be subjected to the allegedly unconstitutional conduct of the Secretary if she is subjected to a future investigation, since that conduct is essentially directed by a statutory scheme that remains in effect. The more difficult question is whether she is likely to find herself in similar circumstances again. Referring to the issue of standing in City of Los Angeles v. Lyons, 461 U.S. 95, 103 S.Ct. 1660, 75 L.Ed.2d 675 (1983), the Supreme Court observed: It is the reality of the threat of repeated injury that is relevant to the standing inquiry, not the plaintiffs subjective apprehensions. The emotional consequences of a prior act simply are not a sufficient basis for an injunction absent a real and immediate threat of future injury by the defendant. Lyons, 461 U.S. at 107, n. 8, 103 S.Ct. 1660 (emphasis in original). In light of the Supreme Court’s admonition in Lyons, Burns’ “subjective apprehensions” cannot control the determination as to whether the future harm that she fears is “actual or imminent” rather than “conjectural or hypothetical.” Whitmore v. Arkansas, 495 U.S. 149, 155, 110 S.Ct. 1717, 109 L.Ed.2d 135 (1990) (internal quotation marks omitted). Burns alleges that she is likely to be the subject of additional child-abuse investigations in the future because she continues to own and operate Helping Hands and intends to remain in the childcare services profession. Docket No. 17 at ¶ 112. She posits no other basis for establishing her standing to seek prospective relief against the Secretary. Docket No. 26 at 6-9. Her status as the owner and operator of a child-care facility does not provide her with standing to seek the declaratory and injunctive relief that she seeks. Mosby v. Ligon, 418 F.3d 927, 933-934 (8th Cir.2005) (recognizing that an attorney’s status as a member of the bar does not afford him or her standing to prospectively attack the implementation of the professional disciplinary procedures applicable to attorneys practicing in a particular jurisdiction); Brown v. Fauver, 819 F.2d 395, 400, n. 5 (3d Cir.1987) (holding that a prisoner cannot establish his or her standing to prospectively challenge the validity of a facility’s disciplinary procedures simply by referring to his or her status as an individual incarcerated in that facility). Burns does not allege that she has been classified as an individual with a propensity to mistreat children, that other individuals are likely to submit reports accusing her of child abuse, or that she has been repeatedly subjected to child-abuse investigations in the past. Doe v. Kearney, 329 F.3d 1286, 1293 (11th Cir.2003); Rindley v. Gallagher, 890 F.Supp. 1540, 1551 (S.D.Fla.1995); Schwimmer v. Kaladjian, 834 F.Supp. 93, 97-98 (S.D.N.Y.1993). Moreover, she does not contend that she intends to “engage in a course of conduct arguably affected with a constitutional interest” but nevertheless proscribed by a statute that she wishes to challenge. Babbitt v. United Farm Workers National Union, 442 U.S. 289, 298, 99 S.Ct. 2301, 60 L.Ed.2d 895 (1979). Since Pennsylvania clearly has the constitutional authority to prohibit the abuse of children, the Court must assume that Burns will not engage in conduct which increases the likelihood that she will once again become the subject of an investigation. O’Shea v. Littleton, 414 U.S. 488, 496-497, 94 S.Ct. 669, 38 L.Ed.2d 674 (1974). Burns does not have standing to seek declaratory and injunctive relief against the Secretary. Given this lack of standing, no “Case” or “Controversy” exists between Burns and the Secretary justifying the issuance of prospective relief. The Court is without jurisdiction to entertain Burns’ official-capacity claims. Spencer, 523 U.S. at 18, 118 S.Ct. 978. Accordingly, the Defendants’ motion to dismiss will be granted with respect to the claims asserted against the Secretary, and the Secretary will be dismissed as a party to this case. B. The Merits of the Personal-Capacity Claims Because the personal-capacity claims asserted against Hart seek monetary compensation for actual past injuries rather than prospective relief from speculative or conjectural future injuries, Burns clearly has standing to proceed with her personal-capacity claims. Lyons, 461 U.S. at 109, 103 S.Ct. 1660. Since the official-capacity claims against the Secretary cannot proceed, the Court need only consider Burns’ constitutionally-based arguments insofar as they relate to the alleged conduct of Hart and the personal-capacity claims against him. Docket No. 17 at ¶¶ 134-155. At this point, the Court has no occasion to consider whether the administrative protections afforded to accused individuals under the CPSL are sufficient to satisfy the demands of the Constitution. Id. at ¶¶ 106-133,156-157. The Due Process Clause of the Fourteenth Amendment provides that “[n]o State shall ... deprive any person of life, liberty, or property, without due process of law....” U.S. Const., Amend. XIV, § 1. This constitutional provision provides individuals with “both substantive and procedural rights.” Albright v. Oliver, 510 U.S. 266, 272, 114 S.Ct. 807, 127 L.Ed.2d 114 (1994) (plurality opinion). “[B]y barring certain government actions regardless of the fairness of the procedures used to implement them,” the Due Process Clause “selves to prevent governmental power from being used for purposes of oppression.” ’ Daniels, 474 U.S. at 331, 106 S.Ct. 662, quoting Murray’s Lessee v. Hoboken Land & Improvement Co., 59 U.S. 272, 277, 18 How. 272, 277, 15 L.Ed. 372 (1856). “By requiring the government to follow appropriate procedures when its agents decide to deprive any person of life, liberty, or property,’ the Due Process Clause promotes fairness in such decisions.” Daniels, 474 U.S. at 331, 106 S.Ct. 662. The “substantive” and “procedural” requirements of the Due Process Clause are attributable to these distinct legal principles. United States v. Salerno, 481 U.S. 739, 746, 107 S.Ct. 2095, 95 L.Ed.2d 697 (1987). Burns appears to assert both “substantive” and “procedural” due process claims against Hart. Docket No. 17 at ¶¶ 134-155. Hart contends that he is entitled to qualified immunity from suit even if Burns properly alleges a violation of the Due Process Clause. Docket No. 21 at 11-20. The Supreme Court has determined that Congress would have expressly made common-law immunities inapplicable to actions brought under § 1983 if it had intended to do so. Pierson v. Ray, 386 U.S. 547, 554-555, 87 S.Ct. 1213, 18 L.Ed.2d 288 (1967). Therefore, the “qualified immunity” that was available to executive officials at common law is available to defendants such as Hart. Malley v. Briggs, 475 U.S. 335, 339-340, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986). As a general matter, executive officials performing discretionary functions are “shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harloiv v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982). The primary purpose of qualified immunity is to provide executive officials sued for violating statutory or constitutional rights of uncertain scope with “the same protection from civil liability and its consequences that individuals have traditionally possessed in the face of vague criminal statutes.” Hope v. Pelzer, 536 U.S. 730, 740, n. 10, 122 S.Ct. 2508, 153 L.Ed.2d 666 (2002). In order for a right to be “clearly established” for purposes of qualified immunity, its contours must be “sufficiently clear” to enable an objectively reasonable official to understand that what he or she is doing violates that right. Anderson v. Creighton, 483 U.S. 635, 640, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987). An executive official’s qualified immunity includes not only a shield from monetary liability, but also “an entitlement not to stand trial or face the other burdens of litigation.” Mitchell v. Forsyth, 472 U.S. 511, 526, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985). For this reason, the Supreme Court has repeatedly “stressed the importance of resolving immunity questions at the earliest possible stage in litigation.” Hunter v. Bryant, 502 U.S. 224, 227, 112 S.Ct. 534, 116 L.Ed.2d 589 (1991) (per curiam). Since the inquiry as to whether Hart is entitled to qualified immunity is inextricably intertwined with the merits of Burns’ claims, the Court cannot determine whether Hart enjoys immunity from suit under these circumstances without deciding whether Burns properly alleges a violation of the Fourteenth Amendment. Pearson v. Callahan, 555 U.S. 223, 235-37, 129 S.Ct. 808, 818, 172 L.Ed.2d 565 (2009). 1. Procedural Due Process “In any case involving a procedural due process claim, the first question for consideration is whether the plaintiff has been deprived’ of a constitutionally-protected liberty or property interest.” Whittaker v. County of Lawrence, 674 F.Supp.2d 668, 693 (W.D.Pa.2009). In Wisconsin v. Constantineau, 400 U.S. 433, 437, 91 S.Ct. 507, 27 L.Ed.2d 515 (1971), the Supreme Court declared that “[w]here a person’s good name, reputation, honor, or integrity is at stake because of what the government is doing to him [or her], notice and an opportunity to be heard are essential.” This statement was later clarified in Paul v. Davis, 424 U.S. 693, 701, 96 S.Ct. 1155, 47 L.Ed.2d 405 (1976), in which the Supreme Court explained that Constantineau had not established “the proposition that reputation alone, apart from some more tangible interests such as employment, [was] either liberty’ or property’ by itself sufficient to invoke the procedural protection of the Due Process Clause.” The Supreme Court went on to note that while defamation alone does not constitute a “deprivation” of “liberty” or “property” within the meaning of the Fourteenth Amendment, “the invocation of procedural safeguards” is constitutionally required when “the injury resulting from the defamation” is combined with an “alteration of [one’s] legal status” under state law. Paul, 424 U.S. at 708-709, 96 S.Ct. 1155. The United States Court of Appeals for the Third Circuit has observed that the Due Process Clause is implicated when state-occasioned defamation is coupled with the deprivation of a “more tangible interest.” Baraka v. McGreevey, 481 F.3d 187, 208 (3d Cir.2007). The Court of Appeals typically refers to the judicial inquiry conducted in furtherance of this standard as the “stigma-plus” test. Hill v. Borough of Kutztown, 455 F.3d 225, 236 (3d Cir. 2006). Burns alleges that Hart’s “libelous accusation of suspected child abuse” deprived her of both a liberty interest in her reputation and a property interest in her operating license. Docket No. 17 at ¶ 110. She also avers that, independent of these interests, she had a constitutionally-protected property interest in receiving clearance to work in the child-care services profession. Id. at ¶¶ 44-45. Burns’ allegations are sufficient to establish, for purposes of the instant motion, that she was deprived of a constitutionally-protected liberty interest. There is no question that the listing of Burns as an “indicated” child abuser called into question her “good name, reputation, honor, or integrity.” Valmonte v. Bane, 18 F.3d 992, 1000 (2d Cir.1994). In order to satisfy the “stigma” prong of the “stigma-plus” test, Burns must aver that the alleged defamatory statements were made publicly. Bishop v. Wood, 426 U.S. 341, 348, 96 S.Ct. 2074, 48 L.Ed.2d 684 (1976) (remarking that a communication that was never made public “cannot properly form the basis for a claim that [a person’s] interest in his [or her] good name, reputation, honor, or integrity’ was thereby impaired”) (footnote omitted). She must also allege that the statements were false. Codd v. Velger, 429 U.S. 624, 627, 97 S.Ct. 882, 51 L.Ed.2d 92 (1977) (observing that “some factual dispute” must exist “if the hearing mandated by the Due Process Clause is to serve any useful purpose”). The second amended complaint clears both of these hurdles. Burns alleges that, as a result of her status as an “indicated” child abuser, she was instructed to remove herself from Helping Hands and to inform the parents of her students in writing of the incident involving DM. Docket No. 17 at ¶ 85. She further alleges that the suspension of Helping Hands from the Keystone STARS program was announced on a publicly-accessible website, and that she was required to post a notice at the entrance of Helping Hands indicating that her operating license would not be renewed. Id. at ¶¶ 86-87. These allegations are clearly sufficient to establish the existence of a “publication.” Tebo v. Tebo, 550 F.3d 492, 504 (5th Cir.2008) (noting that the placement of a charge in a “publicly available file” ordinarily suffices to “satisfy the publication requirement”). By describing a version of events that differs significantly from Hart’s determination that she had abused DM, Burns sufficiently alleges a “factual dispute” from which the falsity of Hart’s allegations can be inferred. Docket No. 17 at ¶¶ 51-62; Codd, 429 U.S. at 627, 97 S.Ct. 882. The “plus” prong of the “stigma-plus” analysis typically presents a more difficult question. A property interest that independently enjoys due process protection constitutes a sufficient “plus” to bring one’s interest in preserving his or her “good name, reputation, honor, or integrity” within the ambit of the “liberty” protected by the Due Process Clause when a state-occasioned deprivation of that property interest is accompanied by governmental defamation. Dee v. Borough of Dunmore, 549 F.3d 225, 234 (3d Cir.2008). Nevertheless, it is not always necessary for a plaintiff to allege the deprivation of an interest entitled to independent due process protection in order to establish the existence of a reputation-based “liberty interest.” Owen v. City of Independence, 445 U.S. 622, 633, n. 13, 100 S.Ct. 1398, 63 L.Ed.2d 673 (1980) (explaining that “the due process right to a hearing” is triggered when the dismissal of a government employee with no property interest in his or her position is accompanied by charges or allegations that might seriously damage his or her standing and associations in the relevant community); Board of Regents v. Roth, 408 U.S. 564, 573, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972) (suggesting that where the state-occasioned deprivation of a government job to which an individual has no claim of entitlement imposes on him or her “a stigma or other disability that fore-closets] his [or her] freedom to take advantage of other employment opportunities,” the Due Process Clause is implicated); Hill, 455 F.3d at 238 (holding that “a public employee who is defamed in the course of being terminated or constructively discharged satisfies the stigma-plus’ test even if, as a matter of state law, he [or she] lacks a property interest in the job [that] he [or she] lost”). Burns alleges that she had constitutionally-protected property interests in both her license to operate Helping Hands and her ability to receive clearance to work in other child-care positions. Docket No. 17 at ¶¶ 43-44. The Supreme Court has recognized “the right to hold specific private employment and to follow a chosen profession free from unreasonable governmental interference” as being within the categories of “liberty” and “property” entitled to constitutional protection. Greene v. McElroy, 360 U.S. 474, 492, 79 S.Ct. 1400, 3 L.Ed.2d 1377 (1959) (referring to the Due Process Clause of the Fifth Amendment). The Supreme Court has also observed that, at least in some contexts, individuals have constitutionally-protected property interests in “state-issued licenses essential to pursuing an occupation or livelihood.” Cleveland v. United States, 531 U.S. 12, 25, n. 4, 121 S.Ct. 365, 148 L.Ed.2d 221 (2000). In a recent unpublished decision, the United States Court of Appeals for the Third Circuit stated that the “[n]atural expiration of [a professional] license negates any claim that it is a property interest” protected by the Due Process Clause. Lockhart v. Matthew, 83 Fed.Appx. 498, 500-501 (3d Cir.2003). Burns was allegedly informed that her operating license would not be renewed “as a direct result of the improper investigation” conducted by Hart. Docket No. 17 at ¶ 86. It is not clear whether the license was otherwise subject to auto