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DUBRAY v. DEPT. OF SOCIAL SERVICES

No. 23241.

690 N.W.2d 657 (2004)

2004 SD 130

Noelle DUBRAY, Appellee, v. SOUTH DAKOTA DEPARTMENT OF SOCIAL SERVICES, Appellant.

Supreme Court of South Dakota.

Decided December 15, 2004.

Attorney(s) appearing for the Case

Neil Carsrud, Dakota Plains Legal Services, Mission, South Dakota, Attorney for appellee.

Lawrence E. Long, Attorney General, Kirsten E. Jasper, Assistant Attorney General, Pierre, South Dakota, Attorney for appellant.

ZINTER, Justice.

[¶ 1.] Noelle DuBray challenged a Department of Social Services (DSS) decision to place her name on the Central Registry of Child Abuse and Neglect. An administrative decision was entered in favor of DSS, and DuBray appealed to circuit court. The circuit court reversed, concluding that DuBray had been deprived of a meaningful due process hearing because DSS's case was based entirely upon three documents...

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