· 12/9/2004
Taylor v. Harford County Department of Social Services
Citations
- 862 A.2d 1026
- 384 Md. 213
- 2004 Md. LEXIS 794
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an “intentional act must be shown to have been either reckless in its nature or deliberately intended to harm the child in order for a finding of ‘indicated child abuse’ to be made”
- finding that, “[i]n assessing the dispositions of investigation delineated in COMAR 07.02.07.12, it is incumbent upon the ALJ to examine all the evaluative standards contained within this regulation[,]” to ensure that neither an “Unsubstantiated” nor a “Ruled–Out” finding apply
- applying de novo review to determine whether an Administrative Law Judge “applied the correct legal standard in reaching his conclusion”
- Reckless conduct “is defined as . . . the creation of a substantial and unjustifiable risk of harm to others and by a conscious (and sometimes deliberate) disregard for or indifference to that risk.”
- “Ordinarily, unless the facts are so clear as to permit a conclusion as a matter of law, it is for the trier of fact to determine whether a defendant’s negligent conduct amounts to gross negligence.”
- “When the agency decision being judicially reviewed is a mixed question of law and fact, the reviewing court applies the substantial evidence test, that is, the same standard of review it would apply to an agency factual finding.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cathell
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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