Walton v. North Dakota Department of Human Services

SANDSTROM, Justice.

The North Dakota Department of Human Services (the Department) appealed from a judgment of the district court reversing the Department’s finding of probable cause to indicate Miriam and Elizabeth Walton had abused children in their daycare. We conclude the Department erroneously placed the burden of proof upon the Waltons, and the finding of probable cause of child abuse is not supported by a preponderance of the evidence and is not in accordance with the law. We further conclude an award of attorney’s fees was authorized for the judicial proceedings, but not for the…