Doe v. Department of Health & Rehabilitative Services

I would adhere to the panel decision and reverse the appealed judgment because this record is legally insufficient to show that appellee carried its burden of proving by clear and convincing evidence1 that appellant is guilty of abuse and neglect of the two children. Needless to say, my views of the issues presented for trial, what the evidence in the record before us proves, and the legal consequences under the applicable statutes, differ considerably from that recited in the en bane opinion. The en banc opinion creates a factual scenario that is not supported by the record, relies on facts…