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HEADNOTE:
Cecil County Department of Social Services v. Russell No. 0390, Sept. Term, 2003 Child Abuse Registry - DSS found "indicated child sexual abuse" on part of appellee - appellee appealed that finding - administrative law judge affirmed - appellee sought judicial review - circuit court reversed and remanded because audio tape recording of appellee's statement, taken during a joint investigation by the local DSS and sheriff's department, was not made part of the record before the ALJ. Held - audio tape recording, made during joint investigation, was in custody of both sheriff and DSS and, pursuant to Family Law article and COMAR, was part of the record and should have been provided to appellee prior to the administrative hearing; local DSS could not avoid production by taking the position that the recording was the property of the sheriff's department.

REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 0390 September Term, 2003

CECIL COUNTY DEPARTMENT OF SOCIAL SERVICES v. DANNY RUSSELL

Murphy, C.J., Eyler, Deborah S., Sharer, JJ.

Opinion by Sharer, J.

Filed: November 10, 2004

The

Cecil

County

Department

of

Social

Services

("DSS")

appeals from an order of remand by the Circuit Court for Cecil County in a case involving a finding of indicated child sexual abuse, for the purpose of entering the name of appellee, Danny Russell, on the Social Services Administration central child abuse registry, pursuant to Md. Code Ann., Family Law

Download Social Services v. Russell.pdf

Maryland Law