Virginia Sexual Abuse Administrative Hearing Lawyers Attorneys

Virginia Sexual Abuse Administrative Hearing Lawyers Attorneys

by

Atchuthan Sriskandarajah

JAMES WILLS v. VIRGINIA DEPARTMENT OF SOCIAL SERVICES

Facts:

The Prince George County Department of Social Services received a complaint that alleged that the father had sexually abused his daughter (the child). The mother explained that after the child was treated for a urinary tract infection in 2001, when she was two years old, and upon mother’s subsequent completion of guardian ad litem training, she became suspicious of sexual abuse. The matter was transferred to the Surry County Department of Social Services (Department).

Child protective services

worker “M” conducted the Department’s investigation of the complaint. At the conclusion of the investigation, the Surry County Department of Social Services entered a disposition of “founded, level-one sexual abuse”. Father sought review by administrative hearing. The Circuit Court of Prince George County declined to reverse the finding. The father appealed.

Issue:

Whether the substantial evidence did not exist in the agency record to sustain its finding?

Discussion:

The Court agreed, finding that a reasonable mind would necessarily reach a difference conclusion than that reached by the hearing officer. The medical records demonstrated that the child had been treated over the same time period that the alleged abuse occurred for both a urinary tract infection and various body rashes. The evidence, specifically the medical records, was consistent with the father’s explanation and description of occasions when he examined the child or otherwise had contact with the child’s private area. First, the record reflected that the child presented symptoms of vomiting and abdominal pain during visits with her pediatrician. The father testified that he administered a suppository in the child’s rectum on one or two occasions following the child’s visit with the

pediatrician

. The statements by the child requesting the father to stop touching her heinie were made after the father’ medical examination in response to her complaint of itching and discomfort. In addition, a forensic exam of the child indicated that she was normal.

Conclusion:

Accordingly the judgment of the circuit court was reversed and the case was remanded to set aside the disposition of founded, level-one sexual abuse and to further remand the matter to the hearing officer for any other necessary proceedings.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm s unofficial views of the Justices opinions. The original opinions should be consulted for their authoritative content

Atchuthan Sriskandarajah is a Virginia lawyer and owner of the SRIS Law Group. The SRIS Law Group has offices in Virginia, Maryland,

Massachusetts

, New York, North Carolina & California. The firm handles criminal/traffic defense, family law, immigration & bankruptcy cases.

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