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HILDRETH v. IOWA DEPT. OF HUMAN SERVICES

No. 94-2034.

550 N.W.2d 157 (1996)

Tracey HILDRETH, Appellant, v. IOWA DEPARTMENT OF HUMAN SERVICES, Appellee.

Supreme Court of Iowa.

Rehearing Denied July 26, 1996.

Attorney(s) appearing for the Case

Robert A. Wright, Jr. of Wright & Wright, Des Moines, for appellant.

Thomas J. Miller, Attorney General, Gordon E. Allen, Deputy Attorney General, and Mary K. Wickman, Assistant Attorney General, for appellee.

Considered en banc.

CARTER, Justice.

The issue on this appeal is whether the Iowa Department of Human Services (the agency) correctly determined that petitioner, Tracey Hildreth, was guilty of child abuse as a result of spanking his eight-year-old daughter with a wooden spoon. The evidentiary facts are not disputed, but there is a dispute as to whether the facts support a finding of child abuse under the controlling statutes and administrative regulations. Petitioner also asserts that...

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