Administrative Decisions

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Decisions issued by an administrative agency, administrative law judge, or administrative council.

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In the Matter of DS & BS, FH# 2017-0078

Jorge F. Ferreira
Reversed - DCF did not have reasonable cause to support allegations of neglect and abuse where a child exhibited violent behavior, mental health issues, and drug use; and where Appellants physically defended themselves from the child without causing substantial injury. The child was not considered…

In the Matter of EK, FH# 2018-0126

Maura E. Bradford
Reversed - DCF did not have a reasonable basis to believe that Appellant was liable for neglect on account of the Appellant not being a caretaker when (1) the Appellant did not live with the parent and children; (2) the Appellant and parent were only in a dating relationship; and (3) the Appellant…

In the Matter of JR, FH# 2017-0187

Nicholas Holahan
Reversed - DCF did not have sufficient evidence to support allegations of abuse when the only support for its decision came from inconsistent testimony from the alleged victim’s friend.

In the Matter of DG, FH# 2018-0211

Anne L. Dale Nialetz
Affirmed - The fair hearing officer found reasonable cause to support The Department’s inding of neglect where the mother displayed alcohol abuse, a history of prostitution, risky and impulsive behaviors, expressing no desire to care for the children, leaving them unattended in the care of roommate…

In the Matter of DG, FH# 2018-0211

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to believe that the child had been neglected where the Appellant had a history of prostitution and substance use, displayed risky and impulsive behaviors, and expressed no desire to care for the children. In addition, Appellant left her children in the care of a…

In the Matter of BM, FH# 2018-0430

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to support a decision against the Appellant Foster Mother where: (1) Appellant lied or withheld information from DCF; (2) Appellant disappeared from the home for weeks at a time and left the child in an unapproved caretaker’s care when that caretaker had a…

In the Matter of LB & MW, FH# 2017-1390

Anne L. Dale Nialetz
Reversed - DCF did not have reasonable cause to support a finding of neglect. DCF did not adequately show that the Appellant mother, who had a history of mental health problems, failed to fulfill the children's basic needs including: food, clothing, shelter, and medical care. As such the department…

In the Matter of NP & KS, FH# 2018-0294

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to support an allegation of neglect where: (1) Appellant Parent's low level of engagement in drug treatment was insufficient to maintain their sobriety; and (2) child expressed being upset about how much their parents yell at each other, especially when the…

In the Matter of JR, FH# 2017-0205

Carmen Temme
Reversed - DCF did not have reasonable cause to support allegations of neglect where there was no risk to the children’s safety nor were the children put in immediate danger. Appellant Father, while unable to personally provide adequate care due to intoxication, ensured the safety of the children by…

In the Matter of SB, FH# 2017-0778

David Halloran
Affirmed - DCF had reasonable cause to deny the Appellant's child-specific foster parent license application where 1) the references provided by the Appellant on her application expressed concerns regarding the Appellant's ability to meet the emotional and behavioral needs of the child in her care;…

In the Matter of MF & VM, FH# 2017-1329

Jorge F. Ferreira
Affirmed - The Department's had reasonable cause to support a finding of neglect because 1) there was sufficient evidence an emotional impact on the children of fear of Appellants physically disciplining them 2) the Appellants minimized sexual abuse of a child 3) the Appellants had poor judgement…

In the Matter of PS, FH# 2017-1334

Laureen Decas
Reversed - DCF did not have reasonable cause to support a finding of neglect because 1) the appellant took actions necessary to provide the child with minimally adequate food, clothing, shelter, medical care, supervision, emotional stability and growth, and other essential care 2) the Department's…

DHCD Tenant Selection Review Decision Index No. 43

DHCD
All decisions made between November 14th, 2017 and May 21st, 2018.

In the Matter of ER, FH# 2017-1193

Nicholas Holahan
Reversed - DCF did not have a reasonable cause to support a finding of neglect because allegations that Appellant mother was intoxicated in front of her children and exposed her children to violence were not corroborated or verified. The Appellant asserted that the anonymous 51A report was filed by…

In the Matter of JB, FH# 2017-0169

Anastasia King
Affirmed - DCF had reasonable cause to support the 51A decision for both sexual abuse and neglect against the Appellant (biological father). The Appellant, who is divorced from his children's mother, arrived to the area to visit his children, aged 9 and 12, for the holidays in December. The…

In the Matter of KA, FH# 2017-0087

Carmen Colon
Affirmed - DCF had reasonable cause to believe that the child had been neglected where a staff member at a DCF Care and Protection program failed to properly supervise a 17-year old resident and he sexually abused his roommate. The appellant failed to properly monitor the residents and perform room…

In the Matter of MM, FH# 2017-0352

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support allegations of sexual abuse where the child appeared to be coached in their disclosure. Indicators of coaching include an ongoing custody dispute between Appellant Father and child’s mother, a pattern of unfounded allegations against Appellant…

In the Matter of KS, FH# 2017-0490

Anne L. Dale Nialetz
Reversed - DCF did not have reasonable cause to support a finding of physical abuse because 1) Appellant mother only spanked child which caused no injury as defined by the Department 2) Appellant rarely uses spanking as a form of discipline and the hearing officer found her to be credible 3) there…

In the Matter of EC, FH# 2017-0353

Jorge F. Ferreira
Reversed - DCF did not have sufficient evidence to affirm a finding of neglect where a child struggled with behavioral issues, and had been violent towards Appellant mother, their sibling, and themselves. Appellant presented a clear and comprehensive side of their role in the incidents in question…

In the Matter of PR, FH# 2017-1399

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support a finding of neglect by the children's Appellant mother where although the mother threatened to kick out the children when they turned 18 years old this neither posed a substantial risk to their safety or wellbeing, nor did it present a…

In the Matter of RT, FH# 2017-1356

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support a finding of neglect because (1) there was a lack of credible evidence as to the child's location during the parents' physical altercation (2) the hearing officer was unable to conclude if the Appellant's actions of engaging in a physical…

In the Matter of NS, FH# 2017-1357

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support a finding of neglect because 1) the Appellant was compliant with treatment for opioid disorder, had not suffered a relapse during her years of treatment and had not tested positive for any other illicit substances 2) the Department obtained…

In the Matter of EB, FH# 2017-1248

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support a finding of neglect. Appellant mother had a single incident of domestic abuse with her partner in front of her children. However, the DCF determination, that because of the fight the Appellant failed to provide minimally adequate emotional…

In the Matter of KH & SC, FH# 2017-1381

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support a finding of neglect because there was no evidence that Appellant's testing positive for marijuana after her child's birth placed her child in danger or posed a substantial risk to the child's safety or well-being.

In the Matter of AA, FH# 2017-1384

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support a finding of neglect because 1) the Appellant's dispute with the school over the IEP was not a proper topic of an administrative Fair Hearing 2) the Appellant has been active in the child's education, attending dozens of meetings regarding…

In the Matter of E.S., FH# 2018-0237

Frances I. Wheat
Reversed - The Hearing Officer found that there was insufficient evidence to affirm the supported 51B decision for physical abuse; the decision was reversed. The alleged physical abuse was the result of physical discipline in which the appellant hit his son on his buttocks with a belt, over his…

In the Matter of DC, FH# 2017-0368

Lisa Anne Henshall
Reversed - DCF did not have reasonable cause to support a 51A report of sexual abuse when the child’s family, as witnesses, stated that the Appellant Landlord was in the child’s home, but the Appellant Landlord was not a caregiver of the child.

In the Matter of EC, FH# 2017-0120

Jorge F. Ferreira
Reversed - DCF did not have sufficient evidence to support allegations of sexual abuse by Appellant where testimony from the child/alleged victim was determined to be unreliable. The child only disclosed sexual abuse in an argument with her mother regarding sexual activity, and later struggled with…

In the Matter of E.S., FH# 2018-0237

Frances I. Wheat, MPA
Reversed - DCF had insufficient evidence to support a 51A report of physical abuse when the Appellant hit his son on his buttocks with a belt, over his clothes, as physical discipline. The Appellant talked with his son before and after the physical punishment and the child reported that the…

In the Matter of DF, FH# 2017-0692

Lisa Anne Henshall
Reversed - DCF did not have a reasonable cause to support a finding of neglect because there was insufficient evidence that Appellant mother's marijuana use during pregnancy placed her newborn child in danger and posed a substantial risk to the child's safety and well-being. While there was evidence…

In the Matter of HA, FH# 2017-1210

Linda A. Horvath
Affirmed - DCF did have reasonable reasonable cause to support a finding of neglect. The Department provided sufficient evidence that the appellant mother was misusing her child's Adderall prescription and had a history of alcohol abuse in the presence of the children. Moreover, DCF showed that the…

In the Matter of CD, FH# 2018-0110

Anne L. Dale Nialetz
DCF did not have reasonable cause to believe the child was neglected where the appellant was not involved in the child being left home alone, the child’s daycare had no protective concerns outside of isolated incidents where the parents were late to picking up the child, and the four police…

In the Matter of AOG, FH# 2017-1347

Anne L. Dale Nialetz
Reversed - DCF did not have reasonable cause to support a finding of neglect. DCF originally determined that the Appellant mother was suffering from post-partum depression in 2006 and had expressed a potential urge to harm her child. However, at the time of the hearing there was no evidence that the…

In the Matter of NB, FH# 2017-0960

Linda A. Horvath
Affirmed - DCF had a reasonable cause to support a finding of neglect because the children (aged 8 and 11) reported witnessing physical confrontations between Appellant father and their mother. Appellant had stopped taking psychiatric medications and was criminally charged for assault of the…

In the Matter of CD, FH# 2018-0110

Anne L. Dale Nialetz
Reversed - DCF did not have reasonable cause to believe the child was neglected where (1) Appellant was not involved in the child being left home alone, (2) the child’s daycare had no protective concerns outside of isolated incidents where the parents were late to picking up the child, and (3) the…

In the Matter of EW, FH# 2017-0235

Nicholas Holahan
Reversed - DCF did not have reasonable cause to support a finding of abuse. There were no bruises or other signs of abuse observed on the child, and there was not enough evidence regarding the extent of the discipline. Although it is undisputed that the Appellant spanked her child, “mere physical…

In the Matter of LF, FH# 2017-0314

Laureen Decas
Reversed - DCF did not have reasonable cause to support allegations of neglect where: (1) children had been exposed to Appellant’s arguments with the father but there was no evidence of emotional impact on them; and (2) Appellant panicked and called police over a verbal argument due to past…

In the Matter of CP, FH# 2017-0701

Lisa Anne Henshall
Reversed - DCF did not have a reasonable cause to support a finding of neglect because there was no evidence to indicate that Appellant mother did not provide her newborn child with minimally adequate care, or that her marijuana use during pregnancy placed her child in danger or posed a substantial…

In the Matter of WL & CL, FH# 2017-0245

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support a 51A report of neglect and physical abuse when the child disclosed physical abuse arising from play-fighting, her Appellant Father’s alcohol use, and the question of her Appellant Mother’s mental health; the disclosures lacked corroboration…

In the Matter of HR, FH# 2017-0283

Lisa Anne Henshall
Reversed - DCF did not have reasonable cause to support a finding of neglect because 1) the classroom was special needs and had 4 students, each with significant needs 2) on the day in question the classroom was short staffed 3) the allegations resulted from listening to a digital recording device…

In the Matter of FG, FH# 2017-1344

Maura E. Bradford
Affirmed - DCF had reasonable cause to support a finding of neglect because 1) the child in this case was traumatized, exhibited at risk and oppositional behavior so concerning that their therapist considered recommending out of home placement, and had a history of sexual abuse and was vulnerable to…

In the Matter of SG, FH# 2017-0289

Lisa Anne Henshall
Reversed - DCF did not have reasonable cause to support a finding of neglect. The Appellant was a staff member in a special needs classroom with four students. On the day in question, the classroom was short staffed, so procedures were altered to ensure safety. All allegations of neglect were the…

In the Matter of CD, FH# 2018-0156

Anne L. Dale Nialetz
Affirmed - DCF had a reasonable basis for closing Appellant’s case and terminating Appellant’s ex-wife’s services when (1) Appellant expressed concerns about his ex-wife’s mental health; (2) Appellant’s ex-wife was stable at the time of the decision; (3) Appellant’s ex-wife engaged in treatment; and…

In the Matter of CT, FH# 2018-0346

Frances I. Wheat, MPA
Affirmed - DCF had reasonable cause to support an allegation of neglect where: (1) the child ran away from the home and the Appellant Grandmother did not make substantial attempts to locate the child; (2) the child was off her medication due to the neglect of the Appellant Grandmother; and (3) the…

In the Matter of CV, FH# 2017-0579

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support a finding of abuse or neglect because 1) the evidence showed that the child closed his sister's fingers in a doorjamb accidentally and Appellant father forcefully albeit reactively and unintentionally pushed the child out of the way leading to…

In the Matter of JS and TW, FH# 2018-0160

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to support allegations of physical abuse where the child’s siblings confirmed the abuse, even though they later retracted it due to coaching from parents. Although DCF regulations do not offer guidance on what to do when parents coach their children to deny…

In the Matter of SL, FH# 2017-0373

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support allegations of neglect where the Appellant Mother held the infant child during a brief verbal and physical altercation with the child’s Legal Guardian Paternal Grandfather. The child appeared unharmed by the incident, and the Hearing Officer…

In the Matter of RE and JE, FH# 2018-0278

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to support allegations of neglect due to Appellant’s mood swings, yelling at children and spouse, and other verbal abuse. The children responded to Appellant’s actions with school tardiness, psychological disorder, behavioral issues, eating disorder, and poor…

In the Matter of SL, FH# 2017-0373

Maura E. Bradford
Reversed - Hearing Officer reversed the Department’s finding of neglect where the appellant-mother held the infant child during a brief verbal and physical altercation with the child’s paternal grandfather-legal guardian. The child appeared unharmed by the incident, and the Hearing Officer…

In the Matter of ST & RJ, FH# 2017-0029

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support allegations of neglect against Appellant Parents where the decision was based on Appellant Mother’s history of mental health diagnoses and Appellant Father and wife’s previous out of state child services case histories. It was determined that…