Johnette Cosby v. Department of Human Resources, Allegany DSS

Administrative law: abuse and neglect: collateral estoppel effect of CINA proceeding

CoA No. 74, September Term 2011. Reported Opinion by Greene, J. Filed April 25, 2012. RecordFax # 12-0425-22, 26 pages.

Amendments to F.L. §5-706 did not abrogate the application of common-law collateral estoppel in administrative abuse or neglect hearings; rather, the doctrine barred the re-litigation of the issue of neglect where the issue was previously determined on the same facts, against the same party, in a CINA proceeding.

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