Department of Human Resources, Allegany County Department of Social Services v. Johnette Cosby

Administrative law: collateral estoppel: child neglect

CSA No. 256, September Term, 2010. Reported. Opinion by Woodward, J. Filed July 11, 2011. RecordFax #11-0711-00 (20 pages). Appeal from Allegany County, Leasure, J. Reversed and remanded.

Lawyers: Appellant: Sandra Barnes and Douglas Gansler; Appellee: Raymon Rozas III.

Because the doctrine of collateral estoppel may be raised and applied in a F.L. §5-706.1 hearing, the administrative law judge did not err in granting the Department’s motion to dismiss, based on collateral estoppel, the mother’s appeal of a finding of indicated child neglect.

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