14 Va. App. 391 - Jackson v. W.’s Empirical Analysis

Citation profile

2 district · 61 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The General Assembly declares that it is the policy of this Commonwealth to require reports of suspected child abuse and neglect for the purpose of identifying children who are being abdsed or neglected, of assuring that protective services will be made available to an abused or neglected child in order to protect such a child and his siblings and to prevent further abuse or neglect, and of preserving the family life of the parents and children, where possible, by enhancing parental capacity for adequate child care.”

   2 later decisions quote this exact passage
   e.g. 19 Va. App. 628 - Jackson v. Marshall · 24 Va. App. 707 - J.P. v. Carter

2. “the department has the following duties: to investigate complaints; determine whether the complaint is “founded,” “reason to suspect,” or “unfounded”; place the name of a person with a “founded” complaint in the Central Registry; report its findings when required; make recommendations and arrange for services based on findings; and foster community-based outreach and educational programs. Code § 63.1-248.6. The hearing officer lacks the power to issue subpoenas or administer an oath. The officer has no authority to impose civil or criminal penalties or render a decision adjudging the party “guilty” or “not guilty.” D’Alessio v. Lukhard, 5 Va.App. 404, 408 , 363 S.E.2d 715, 717-18 (1988) (the administrative proceeding does not “determine ... guilt or innocence”). In fact, if civil or criminal rights are to be adjudicated, a court must intervene upon appropriate process. Code § 63.1-248.6(D)(4), (5). The only direct consequence of the proceeding is that a party’s name is placed in the Central Registry. See Lukhard, 5 Va.App. at 408 , 363 S.E.2d at 717 ; see also Code § 63.1-248.6:1.”

   1 later decision quote this exact passage
   e.g. 28 Va. App. 133 - Carter v. Gordon

3. “A person who is suspected of or is found to have committed abuse or neglect may, within thirty days of being notified of that determination, request the local department rendering such determination to amend the determination and the local department’s related records.... The local department shall hold an informal conference or consultation where such person, who may be represented by counsel, shall be entitled to informally present testimony of witnesses, documents, factual data, arguments or other submissions of proof to the local department---- If the local department refuses the request for amendment or fails to act within forty-five days after receiving such request, the person may, within thirty days thereafter, petition the Commissioner, who shall grant a hearing to determine whether it appears, by a preponderance of the evidence, that the determination or record contains information which is irrelevant or inaccurate regarding the commission of abuse or neglect by the person who is the subject of the determination or record and therefore shall be amended.”

   1 later decision quote this exact passage
   e.g. 24 Va. App. 707 - J.P. v. Carter