Anthony Moore v. Martin D. Brown, Commissioner, Virginia Department of Social Services

KELSEY, Judge.

The Commissioner of the Virginia Department of Social Services (DSS) made an administrative finding that Anthony Moore committed an act of sexual abuse of a child while he acted as a “person responsible for [the child’s] care,” pursuant to Code § 63.2-100(4) (defining “Abused or neglected child”). Moore appealed to the circuit court, which affirmed the DSS finding. We reverse the circuit court’s holding and vacate the finding made by DSS.

I

The parties vigorously disputed most of the underlying facts at every stage of this case. None of these disputes, however, are relevant to our…