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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND

No. 1725 September Term, 2003

PRINCE GEORGE'S COUNTY DEPARTMENT OF SOCIAL SERVICES v. TELANIA KNIGHT

Sonner, Barbera, Bloom, Theodore G. (Retired, specially assigned) JJ.

Opinion by Bloom, J. Concurring Opinion by Sonner, J.

Filed: July 20, 2004

REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND

No. 1725 September Term, 2003

PRINCE GEORGE'S COUNTY DEPARTMENT OF SOCIAL SERVICES v. TELANIA KNIGHT

Sonner, Barbera, Bloom, Theodore G. (Retired, specially assigned) JJ.

Opinion by Bloom, J. Concurring Opinion by Sonner, J.

Filed:

This appeal by the Prince George's County Department of Social Services (the "Department") is from a judgment of the Circuit Court for Prince George's County reversing an order of the Office of Administrative Hearings (the "OAH"), which denied appellee, Telania Knight, a contested case hearing. According to the OAH, appellee's request for a hearing was untimely. The circuit court reinstated appellee's request for a

contested case hearing upon a finding that, although she had not timely submitted all of the documents required to be filed in order to obtain a hearing to appeal a finding of "indicated" child abuse, she had substantially complied with the conditions for appeal in that she had timely submitted sufficient documentation to put the OAH on notice that she was requesting a contested case hearing. Concluding that the OAH action was arbitrary, the court remanded the case to the OAH to conduct the requested hearing. APPLICABLE STATUTES We begin with a brief summary of the applicable statutes. Maryland Code (1984, 1999 Repl. Vol., 2003 Cum. Supp.), Title 5 of the Family Law Article1 is devoted to the topic "Children." Subtitle 7 of Title 5 is concerned with the subject of "Child Abuse and Neglect." Within that subtitle,

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