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WALTON v. N.D. DEPT. OF HUMAN SERVICES

Civil No. 950382.

552 N.W.2d 336 (1996)

Miriam WALTON and Elizabeth Walton, Applicants and Appellees, v. NORTH DAKOTA DEPARTMENT OF HUMAN SERVICES, Respondent and Appellant and Ward County Social Service Board, Respondent.

Supreme Court of North Dakota.

June 27, 1996.

Attorney(s) appearing for the Case

R. James Maxson, of Farhart, Lian, Maxson, Louser & Zent, Minot, for applicants and appellees.

Jean R. Mullen, Assistant Attorney General, Bismarck, for respondent and appellant. Appearance by Candace A. Prigge, Assistant Attorney General.

SANDSTROM, Justice.

The North Dakota Department of Human Services (the Department) appealed from a judgment of the district court reversing the Department's finding of probable cause to indicate Miriam and Elizabeth Walton had abused children in their daycare. We conclude the Department erroneously placed the burden of proof upon the Waltons, and the finding of probable cause of child abuse is not supported by a preponderance of the evidence and is not in accordance...

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