Dominic Musolino v CW, D.S.S.

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Benton, Coleman and Willis
DOMINIC MUSOLINO
MEMORANDUM OPINION*
v. 	Record No. 2185-98-1 	PER CURIAM
MAY 4, 1999
COMMONWEALTH OF VIRGINIA,
DEPARTMENT OF SOCIAL SERVICES
FROM THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH
A. Bonwill Shockley, Judge
(Robert L. Samuel, Jr.; Michelle A. Hughes;
Clark & Stant, P.C., on brief), for
appellant.
(Mark L. Earley, Attorney General; Ashley L.
Taylor, Jr., Deputy Attorney General;
Siran S. Faulders, Senior Assistant Attorney
General; Daniel J. Poynor, Assistant
Attorney General; Cheryl A. Wilkerson,
Assistant Attorney General, on brief), for
appellee.
Dominic Musolino appeals the decision of the circuit court
affirming the determination by the Virginia Department of Social
Services (DSS) that allegations of sexual abuse, level one, by
Musolino were founded. 	On appeal, Musolino contends that the
trial court erred by determining that there was substantial
evidence in the agency’s record to support the finding by clear
and convincing evidence. 	Upon reviewing the record and briefs
of the parties, we conclude that this appeal is without merit.
*Pursuant to Code § 17.1-413, recodifying Code § 17-116.010,
this opinion is not designated for publication.

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Accordingly, we summarily affirm the decision of the trial
court. 	See Rule 5A:27.
The standard of review of an agency's factual findings on
appeal to a circuit court is limited to determining whether
substantial evidence in the agency record supports its decision.
See Code § 9-6.14:17; Turner v. Jackson, 14 Va. App. 423,
429-30, 417 S.E.2d 881, 886 (1992). 	On appeal, we do not
disturb factual findings if credible evidence supports them.
See James v. Capitol Steel Constr. Co., 8 Va. App. 512, 515, 382
S.E.2d 487, 488 (1989). 	"The reviewing court may reject the
agency's findings of fact only if, considering the record as a
whole, a reasonable mind would necessarily come to a different
conclusion." 	Johnston-Willis, Ltd. v. Kenley, 6 Va. App. 231,
242, 369 S.E.2d 1, 7 (1988).
DSS found, among other things, that, beginning the morning
after the alleged sexual abuse incident, the child’s mother
observed a red mark on the child’s cheek; the child displayed
regressive behavior; the child told her mother that Musolino
forced his penis into her mouth and told her to suck it, then
struck her when she refused; and the child “consistently related
the sexual abuse.” 	The record supports the agency’s finding
that the four-year-old child described the incident consistently
to her mother, the DSS worker, and a detective. 	The limited
physical evidence and the mother’s testimony were also

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consistent with the child’s description of events. 	At no time
did the child suggest that someone other than Musolino was the
perpetrator. 	Therefore, because the record does not necessarily
lead to a conclusion different than that found by the agency, we
affirm the decision of the circuit court denying Musolino’s
petition for review.
Accordingly, the decision of the circuit court is summarily
affirmed.
Affirmed.