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Stephen Taylor v. Harford County Department of Social Services No. 51, September Term, 2004 Headnote: A parent's act of kicking a footstool that accidentally and unintentionally struck and injured his 12-year-old daughter does not constitute "indicated" child physical abuse unless the act is determined to have constituted reckless conduct by the parent. An Administrative Law Judge's determination that the parent's conduct in intentionally kicking the footstool had the unintentional but foreseeable consequence of injuring the child applied an incorrect foreseeability of harm standard in reaching his determination. The ALJ should have considered the "ruled-out child abuse" provision found in COMAR 07.02.07.12C(2)(a)(i), which calls for a determination as to whether "the act causing the injury was accidental or unintentional and not reckless or deliberate."

Circuit Co urt for Harfo rd Coun ty Case # 12-C-03-002333 AA

IN THE COURT OF APPEALS OF MARYLAND No. 51 September Term, 2004

Stephen Taylor v. Har ford Cou nty Department of Social Services

Bell, C. J. Raker Wilner Cathell Harrell Battaglia Greene, JJ.

Opinion by Cathell, J.

Filed: December 9, 2004

This case arises from a January 2003 finding of the Harford County Department of Social Services ("HCDSS"), appellee, that Stephen Taylor, appellant, was responsible for "indicated" child physical abuse as a result of his kicking a footstool that struck his 12-yearold daughter in the face, injuring her. Appellant appealed the HCDSS decision and, on July 15, 2003, a hearing was held before an Administrative Law Judge ("ALJ") of the Maryland Office of Administrative Hearings. On August 1, 2003, the ALJ issued his decision, which upheld the decision of HCDSS. Appellant thereafter petitioned the Circuit Court for Harford County for judicial review of the final administrative decision as provided by Md. Code (1984, 1999 Repl. Vol.),

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