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CARTER v. ANCEL

Record No. 2804-97-1.

502 S.E.2d 149 (1998)

28 Va. App. 76

Clarence H. CARTER, Commissioner, Virginia Department of Social Services v. Patrick J. ANCEL.

Court of Appeals of Virginia, Norfolk.

July 21, 1998.

Attorney(s) appearing for the Case

Daniel J. Poynor, Assistant Attorney General (Mark L. Earley, Attorney General; Ashley L. Taylor, Jr., Deputy Attorney General; Siran S. Faulders, Senior Assistant Attorney General, on briefs), for appellant.

Michael T. Hurd (Dusewicz & Soberick, P.C., on brief), Gloucester Point, for appellee.

Present: COLEMAN, BRAY and BUMGARDNER, JJ.

BUMGARDNER, Judge.

Clarence H. Carter, Commissioner of the Virginia Department of Social Services (DSS), appeals a decision by the circuit court that DSS lacked jurisdiction to decide that a complaint of sexual abuse against Patrick J. Ancel was "founded." The Commissioner contends that the circuit court erred when it ruled that DSS lacked authority to act upon a complaint after forty-five days without having written justification to extend the time as required by...

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