Fentress v. Virginia Department of Social Services

By Judge Mary Jane Hall

This matter came before the Court on the Appeal of Toshiba Fentress (“Appellant”) from a decision of the Virginia Department of Social Services (the “Agency”) issued on December 10, 2010, sustaining the disposition of “Physical Neglect - Abandonment - Level Two.” The Court finds that the Agency’s failure to provide an oral and written explanation of the family assessment procedure to Appellant constituted a procedural error that was not harmless error. For that reason, as more fully set forth herein, the Court sets aside the Agency’s disposition and remands the matter…