Seering

I. Introduction

Flora and William Seering appeal from a judgment denying their petition for a writ of mandate to require the Department of Social Services (Department) to set aside its decision revoking their license to operate a family day care home for children.

On September 6, 1984, the Seerings’ license was suspended on a finding by the Department that continued operation of the facility would pose a substantial threat to the health and safety of the children in their care. The suspension was based primarily upon allegations that William Seering had sexually abused a four-and-one-half-year-old girl in his care, A.

The suspension was appealed. Following a five-day evidentiary hearing before an administrative law judge (ALJ), the Department adopted the ALJ’s proposed decision revoking the Seerings’ license on April 16, 1985. On May 16, 1985, the Seerings petitioned the court below for a writ of mandate to overturn the Department’s decision. Following a hearing, the trial court issued its statement of decision and judgment denying the petition for a writ of mandate on December 18, 1985. This timely appeal followed.

The trial court applied the "independent judgment"…