FAIRFAX FAMILY SERVICES v. D.N.

Record No. 0964-98-4.

512 S.E.2d 830 (1999)

29 Va. App. 400

FAIRFAX COUNTY DEPARTMENT OF FAMILY SERVICES v. D.N. and S.N.

Court of Appeals of Virginia, Alexandria.

March 30, 1999.


Attorney(s) appearing for the Case

Darrell D. Jackson, Assistant County Attorney (David P. Bobzien, County Attorney; Robert Lyndon Howell, Deputy County Attorney; Dennis R. Bates, Senior Assistant County Attorney, on brief), for appellant.

(Peter D. Greenspun; Thomas Peter Mann; Peter D. Greenspun & Associates, on brief), Fairfax, for appellees.

Present: ANNUNZIATA and BUMGARDNER, JJ., and HODGES, Senior Judge.


ANNUNZIATA, Judge.

In this appeal, the Fairfax County Department of Family Services ("appellant") contends the circuit court erred by prohibiting it from introducing evidence of physical abuse at a trial de novo to determine whether A.N. was an "abused or neglected child" as defined by Code § 16.1-228(1). We agree and reverse.

The facts relevant to our review follow. On October 4, 1996, Child Protective Services received a confidential referral...

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