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BRUNTY v. SMITH

Record No. 0725-95-2.

468 S.E.2d 161 (1996)

22 Va. App. 191

Carol A. BRUNTY, Commissioner, Virginia Department of Social Services v. Barbara SMITH.

Court of Appeals of Virginia, Richmond.

March 26, 1996.

Attorney(s) appearing for the Case

Craig M. Burshem, Assistant Attorney General (James S. Gilmore, III, Attorney General; William H. Hurd, Deputy Attorney General; Siran S. Faulders, Senior Assistant Attorney General, on brief), for appellant.

John M. Boswell, Crewe, for appellee.

Present: WILLIS, ANNUNZIATA, JJ., and COLE, Senior Judge.

ANNUNZIATA, Judge.

A local department of appellant, Virginia Department of Social Services ("DSS"), determined that appellee, Barbara Smith ("Smith"), had committed "Founded-Physical Abuse-Level 3" against J.H. ("child"). Smith appealed to the Commissioner of DSS ("Commissioner"), who affirmed the local department's finding. Smith appealed to the Circuit Court of Lunenburg County, which reversed the Commissioner's decision and dismissed the case. DSS appealed, contending...

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