Snavely v. Dept. of Social Services
Based on allegations of a sexual molestation, the Director of the Department of Social Services (the Department) served Brian Snavely with an order of immediate exclusion from any licensed day care facility. Snavely was forced to leave his home, which was also a child day care. After several months of further investigation, the Department held a hearing and decided a formal exclusion order was warranted. Snavely challenged the permanent exclusion order by filing a petition for a writ of mandate. This appeal concerns the trial court's denial of Snavely's petition. Appellant does not argue the evidence was insufficient to support the trial court's ruling. Rather, he contends the Department lost jurisdiction over the case because it failed to follow the mandatory timelines for the accusation and hearing delineated in Health and Safety Code section 1596.8897. (All further statutory references are to the Health and Safety Code, unless otherwise indicated.) Court find his appeal lacks merit and affirm the judgment.
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