Prince George's County Department of Social Services v. Knight

854 A.2d 907, 158 Md. App. 130, 2004 Md. App. LEXIS 116
CourtCourt of Special Appeals of Maryland
DecidedJuly 20, 2004
Docket1725, Sept. Term, 2003
StatusPublished
Cited by8 cases

This text of 854 A.2d 907 (Prince George's County Department of Social Services v. Knight) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Prince George's County Department of Social Services v. Knight, 854 A.2d 907, 158 Md. App. 130, 2004 Md. App. LEXIS 116 (Md. Ct. App. 2004).

Opinions

BLOOM, J.

This appeal by the Prince George’s County Department of Social Services (the “Department”) is from a judgment of the Circuit Court for Prince George’s County reversing an order of the Office of Administrative Hearings (the “OAH”), which denied appellee, Telania Knight, a contested case hearing. According to the OAH, appellee’s request for a hearing was untimely.

The circuit court reinstated appellee’s request for a contested case hearing upon a finding that, although she had not timely submitted all of the documents required to be filed in order to obtain a hearing to appeal a finding of “indicated” child abuse, she had substantially complied with the conditions for appeal in that she had timely submitted sufficient documentation to put the OAH on notice that she was requesting a contested case hearing. Concluding that the OAH action was arbitrary, the court remanded the case to the OAH to conduct the requested hearing.

APPLICABLE STATUTES

We begin with a brief summary of the applicable statutes.

Maryland Code (1984, 1999 Repl.Vol., 2003 Cum.Supp.), Title 5 of the Family Law Article1 is devoted to the topic [133]*133“Children.” Subtitle 7 of Title 5 is concerned with the subject of “Child Abuse and, Neglect,.” Within that subtitle, § 5-701 contains definitions of certain terms; § 5-702 sets forth the legislative policy; § 5-704 deals with the obligation of health practitioners, police officers, educators, and human services workers, who have reason to believe that a child has been subjected to abuse or neglect, to notify appropriate departments or agencies; § 5-706 concerns the investigation of such reports; and § 5-706.1 sets forth the obligations of local departments of social services once a finding of either “indicated” or “unsubstantiated” abuse or neglect is made and, if a finding of “indicated” abuse or neglect is made, the right of a person alleged to have abused or neglected the child to obtain an administrative hearing to appeal that finding. Section 5-706.1 provides, in pertinent part:

(a) Notice. — Within 30 days after the completion of an investigation in which there has been a finding of indicated or unsubstantiated abuse or neglect, the local department shall notify in writing the individual alleged to have abused or neglected a child:
(1) of the finding;
(2) of the opportunity to appeal the finding in accordance with this section; and
(3) if the individual has been found responsible for indicated abuse or neglect, that the individual may be identified in a central registry as responsible for abuse or neglect under the circumstances specified in § 5-714(e) of this subtitle.
(b) Hearing to appeal finding of indicated abuse or neglect. — (1) In the case of a finding of indicated abuse or neglect, an individual may request a contested case hearing to appeal the finding in accordance with Title 10, Subtitle 2 of the State Government Article by responding to the notice of the local department in writing within 60 days.

FACTS

In accordance with § 5-706 of the Family Law Article, the Department conducted an investigation into a report of sus[134]*134pected child abuse by appellee upon her minor son, Corey Knight. On making a finding of “indicated” abuse, the Department undertook to give written notice to appellee as required by § 5-706.1. The Department sent, by mail addressed to appellee at her address as it appeared in the Department’s records, two documents, each containing information and forms on the obverse and reverse sides of a single sheet of paper.

The first document, dated March 4, 2002, and captioned “NOTICE OF ACTION/OPPORTUNITY TO APPEAL INDICATED CHILD ABUSE OR NEGLECT” (the “notice form”), informed appellee that she was identified as responsible for the “indicated” abuse of her son and informed her that she could appeal that finding by requesting in writing, “within 60 days of the date of this notice,” a hearing through the OAH. It also informed appellee that if she did not file an appeal within 60 days, or was unsuccessful in her appeal, or was convicted of a crime arising out of the alleged abuse, she may be identified as a person responsible for “indicated” child abuse or neglect in a central registry, which is part of the Department’s confidential computerized data base. The identity and address of the Department appeared at the bottom of the front side of the notice document.

The reverse side of the notice form, captioned “APPEAL PROCEDURES,” set forth the procedures for requesting a contested case hearing. It informed appellee that she must complete and submit to the OAH:

1) the enclosed CHILD ABUSE AND NEGLECT CONTESTED CASE HEARING REQUEST form,
2) a copy of this NOTICE OF ACTION/OPPORTUNITY TO APPEAL,
3) a filing fee of $15.00 payable to The Maryland State Treasurer.

It specifically stated in bold type:

All three of these items must be submitted to the Office of Administrative Hearings in Hunt Valley, Maryland [135]*135(complete address is on the Hearing Request form) within 60 days of the date on the front side of this form or your appeal will be DISMISSED.

As noted above, the form was dated March 4, 2002.

The front side of the enclosed second form, captioned “CHILD ABUSE AND NEGLECT CONTESTED CASE HEARING REQUEST” (the “hearing request form”), and bearing the same date, March 4, 2002, contained the mailing address of the OAH and informed appellee:

To file an appeal, complete this entire form. Provide all requested information, sign the form, and mail it to the above address. You must include with this appeal form a $15.00 filing fee made payable to the Maryland State Treasurer and a copy of the “Notice of Action/Opportunity for and [sic] Appeal” form that you received from the Department of Social Services....

On the back of the hearing request form were printed questions as to whether criminal charges or a Child in Need of Assistance case had been brought, and blank spaces were provided for appellee’s answers. Spaces were also provided for the name and address of appellee’s legal counsel, if any, and for appellee’s signature, social security number, and the date.

Appellee filled out the front of the hearing request form and mailed it to the OAH, together with a Travelers Express money order in the amount of $15.00, on April 30, 2002. They were received by the OAH on May 1, 2002, and the OAH immediately mailed them back to appellee because she had not enclosed the notice form and she had not filled out the reverse side of the hearing request form. Appellee received the returned documents on Friday, May 3. There is no dispute that on May 6, 2002, she sent them back with the required additional material and information.

On May 17, 2002, the Administrative Law Judge issued an order dismissing appellee’s appeal as untimely filed. In doing so, she computed that the last day to perfect the filing of the appeal by mailing the notice form, the hearing request form, [136]*136and the $15.00 money order was May 3, 2002.

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Prince George's County Department of Social Services v. Knight
854 A.2d 907 (Court of Special Appeals of Maryland, 2004)

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Bluebook (online)
854 A.2d 907, 158 Md. App. 130, 2004 Md. App. LEXIS 116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prince-georges-county-department-of-social-services-v-knight-mdctspecapp-2004.