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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 2354 September Term, 2010

JOHN DOE v. ALLEGANY COUNTY DEPARTMENT OF SOCIAL SERVICES

Woodward, Berger, Kenney, James A. III. (Retired, Specially Assigned), JJ.

Opinion by Berger, J.

Filed: April 26 2012

This case arises from the Circuit Court for Allegany County's reversal of an administrative law judge's ("ALJ") decision. Appellee the Allegany County Department of Social Services ("local department") found that neglect of the child was "indicated."1 Appellant John Doe ("Doe") requested a hearing before an ALJ to review the local department's determination. The ALJ ruled out child neglect under the circumstances of the case. Thereafter, the local department appealed the ALJ's ruling. The Circuit Court for Allegany County reversed the decision of the ALJ. Doe filed a timely appeal and presents a single issue for our review, which we have rephrased as follows: I. Whether the administrative law judge erred as a matter of law in ruling out neglect of the child because the local department immediately undertook the care of the child after the child was not allowed to return home.

For the reasons set forth below, we affirm the judgment of the Circuit Court for Allegany County. FACTUAL AND PROCEDURAL BACKGROUND On September 23, 2008, the local department received an allegation of child neglect involving M.C., who at that time was seventeen years old. M.C. and his brother E.C., who was sixteen years old, lived with their aunt, J.C., and her live-in boyfriend, Doe, for approximately eight years at that time. J.C. was M.C. and E.C.'s blood relative and their

"`Indicated' means a finding that there is credible evidence, which has not been satisfactorily refuted, that abuse, neglect, or sexual abuse did occur." Md. Code (1984, 2006 Repl. Vol.),

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