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L.E.H. EX REL. D.H. v. DEPT. OF SOCIAL & REHAB. SERVICES

No. 100,893.

241 P.3d 167 (2010)

L.E.H., a Minor Child, by and through D.H., Appellant, v. STATE of Kansas DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Appellee.

Court of Appeals of Kansas.

October 22, 2010.

Attorney(s) appearing for the Case

Craig E. Collins and Donna L. Huffman , of Law Office of Craig E. Collins, of Topeka, for appellant.

Matthew W. Boddington , regional attorney, of Kansas Department of SRS, for appellee.

Before LEBEN, P.J., GREEN and CAPLINGER, JJ.

LEBEN, J.

Everyone agrees that Christopher spanked his daughter, L.E.H., but not everyone agrees that the spanking was child abuse. Her mother, Donna, sought a determination that he had abused L.E.H. The hearing officer who heard the testimony of the mother, father, daughter, and a physician determined that the father had committed abuse, but an agency appeals committee ruled that the evidence was insufficient because (1) the medical doctor "did not testify with 100...

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