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LYNCHBURG DIV. OF SOCIAL SERV. v. COOK

Record No. 2792-05-3.

648 S.E.2d 328 (2007)

50 Va. App. 218

LYNCHBURG DIVISION OF SOCIAL SERVICES v. James COOK, Sandra Cook and Jimmy Cook.

Court of Appeals of Virginia, Richmond.

August 14, 2007.

Attorney(s) appearing for the Case

Susan L. Hartman (Mark B. Arthur, Guardian ad litem for the minor child; City Attorney's Office, on briefs), for appellant.

Betsy H. Phillips, Rustburg, for appellees James and Sandra Cook.

No brief or argument for appellee Jimmy Cook.

Present: Felton, C.J., and BENTON, ELDER, FRANK, HUMPHREYS, CLEMENTS, KELSEY, McCLANAHAN, HALEY, PETTY and BEALES, JJ.

UPON A REHEARING EN BANC

McCLANAHAN, Judge.

The Lynchburg Division of Social Services ("DSS") appeals a custody order granting custody of a child to her grandparents, James and Sandra Cook (the "Cooks"). DSS argues that because the child was placed in the custody of DSS pursuant to an emergency removal order alleging abuse and neglect, and then made subject to a foster care plan, the trial court erred in subsequently transferring custody to the Cooks pursuant...

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