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MOORE v. BROWN

Record No. 1396-13-1.

758 S.E.2d 68 (2014)

63 Va. App. 375

Anthony MOORE v. Martin D. BROWN, Commissioner, Virginia Department of Social Services.

Court of Appeals of Virginia, Teleconference.

May 20, 2014.

Attorney(s) appearing for the Case

E. Leslie Cox ( Carrollyn C. Cox ; Cox and Cox Attorneys, on brief), for appellant.

Eric J. Reynolds , Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General; Rita W. Beale , Deputy Attorney General; Kim F. Piner , Senior Assistant Attorney General, on brief), for appellee.

Present: FRANK, KELSEY and ALSTON, JJ.

KELSEY, Judge.

The Commissioner of the Virginia Department of Social Services (DSS) made an administrative finding that Anthony Moore committed an act of sexual abuse of a child while he acted as a "person responsible for [the child's] care," pursuant to Code § 63.2-100(4) (defining "Abused or neglected child"). Moore appealed to the circuit court, which affirmed the DSS finding. We reverse the circuit court's holding and vacate the finding made by DSS.

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