Brunty v. Smith

ANNUNZIATA, Judge.

A local department of appellant, Virginia Department of Social Services (“DSS”), determined that appellee, Barbara Smith (“Smith”), had committed “Founded-Physical Abuse-Level 3” against J.H. (“child”). Smith appealed to the Commissioner of DSS (“Commissioner”), who affirmed the local department’s finding. Smith appealed to the Circuit Court of Lunenburg County, which reversed the Commissioner’s decision and dismissed the case. DSS appealed, contending that the trial court erred in reversing the Commissioner’s affirmance. DSS also filed a motion to vacate both the trial…