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 RB, FH# 2017-0131

Nicholas Holahan
Reversed - DCF did not have reasonable cause to support the 51A decision for sexual abuse against the Appellant (biological father of children D and J). In an initial disclosure to a mandated reporter, D and J stated that they had played a game with the Appellant where all three of them took their…

In the Matter of A.G., FH# 2017-0152

Maura E. Bradford
Affirmed - DCF had reasonable cause to support a finding of abuse and neglect in an isolated instance of physical contact resulting in injury by Appellant, a DYS employee, even when Appellant had a clean employment history. Appellant was responsible for maintenance of a safe and orderly environment…

In the Matter of DP, FH# 2017-0145

Maura E. Bradford
Affirmed - DCF had reasonable cause to support a 51A report of abuse where the child disclosed that Appellant Father sexually abused her on multiple occasions by inappropriately touching her and making the child inappropriately touch him.

In the Matter of M.S., FH# 2017-0251

Anne L. Dale Nialetz
Affirmed - DCF had sufficient evidence to support a 51B report of neglect when the Appellant locked his teenage son out of the home after visiting his sister without the Appellant’s permission. The Appellant made it clear that his son was not allowed to return home, deliberately failed to ensure his…

In the Matter of ED, FH# 2017-0293

Jorge F. Ferreira
Reversed - DCF did not have a reasonable cause to support a finding of neglect because there was no evidence that the Appellant's daughter was impacted by her use of marijuana during pregnancy, or that it had placed the daughter in medical danger or risk of injury. Appellant was able to show through…

In the Matter of M.S., FH# 2017-0251

Anne L. Dale Nialetz
Affirmed - The Hearing Officer found that there was sufficient evidence to find neglect in the Department’s supported 51B decision for neglect; the decision was affirmed. The appellant locked his son out of the home; the appellant’s son visited his sister without the appellant’s permission. The…

In the Matter of JM, FH# 2017-0051

Carmen Temme
Reversed - DCF did not have reasonable cause to find neglect on the part of the Appellant Mother where (1) the police reported that the Appellant was driving children while intoxicated, (2) multiple other people reported that the Appellant had only one drink more than three hours before driving, (3)…

In the Matter of LG & MG, FH# 2017-0560

Frances I. Wheat, MPA
Affirmed - DCF had reasonable cause to remove the subject child from the Appellants' unrestricted foster home where one Appellant (Mrs. G) 1) breached the confidentiality of the two foster children in her care by using social media to show images and videos of the children and 2) used social media…

In the Matter of JP, FH# 2017-0892

Nicholas Holahan
Reversed - DCF did not have reasonable cause to remove a Department foster child from the home of the Appellant (an approved pre-adoptive parent). The Department removed the child from the Appellant's pre-adoptive home to place him in a foster home with his sister, determining that this was the best…

In the Matter of KS, FH# 2017-0318

Anne L. Dale Nialetz
Affirmed - DCF did have reasonable cause to support a finding for neglect where Appellant’s child witnessed a pattern of domestic violence and verbal conflict between Appellant father and Appellant’s partner. The Appellant father and his partner made no effort to shield the child from conflicts, and…

In the Matter of LM, FH# 2017-0188

Jorge F. Ferreira
Reversed - DCF did not have reasonable cause to believe that abuse had occurred when it was shown that, although the Appellant Mother used physical discipline on a young child, (1) the actions did not pose a substantial risk of injury to the child; (2) there was no impact on the child’s growth and…

In the Matter of KS, FH# 2017-0318

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to support a neglect allegation where Appellant Father’s child witnessed a pattern of domestic violence and verbal conflict between Appellant Father and Appellant’s partner. The Appellant Father and his partner made no effort to shield the child from conflicts,…

In the Matter of LM, FH# 2017-0188

Jorge F. Ferreira
Reversed - A supported 51B decision for abuse can be reversed when it is shown that, although a caretaker uses physical discipline on a young child, (1) the actions do not pose a substantial risk of injury to the child; (2) there is no impact on the child’s growth and well-being; (3) there is no…

In the Matter of KS, FH# 2017-0104

Carmen Temme
Affirmed - DCF had reasonable cause to support allegations of neglect where Appellant Mother’s use of non-prescribed medications in conjunction with prescribed medications compromised their ability to provide minimally adequate supervision and care for a daycare-aged child. The child also witnessed…

In the Matter of KS, FH# 2017-0104

Carmen Temme
Affirmed - DCF did have reasonable cause to support allegations of neglect where Appellant’s use of non-prescribed medications in conjunction with prescribed medications compromised their ability to provide minimally adequate supervision and care for a daycare-aged child. The child also witnessed a…

In the Matter of LO, FH# 2017-0359

Laureen Decas
Affirmed - DCF had reasonable cause to support a finding of neglect when the parent did not have adequate treatment for her mental health issues and those issues got in the way of her child’s education. For example, allowing the child to miss twenty days of school was not acceptable. Appellant not…

In the Matter of DD, FH# 2017-0404

Frances I. Wheat, MPA
Affirmed - DCF had reasonable cause to support a neglect allegation when a firearm was in an accessible position to a child, even though the firearm was in a holster the child could not open, and the child had undergone firearm safety training.

In the Matter of DD, FH# 2017-404

Frances I. Wheat, MPA
Affirmed - DCF found reasonable cause to support a neglect allegation when a firearm was in an accessible position to a child; even though the firearm was in a holster the child could not open, and the child had undergone firearm safety training.

In the Matter of KA, FH# 2017-0208

Antonia Chronis, Esq.
Affirmed - DCF had reasonable cause to support allegations of physical abuse and neglect when Appellant Caregiver, working in a professional capacity, took improper steps to diffuse a situation. Appellant violated a child’s disciplinary plan, failed to take the child’s well-being and safety into…

In the Matter of KC, FH# 2017-0119

Frances I. Wheat, MPA
Affirmed - DCF had a reasonable cause to support a goal change from “permanency through reunification” to “permanency through adoption” where the Appellant had a history of substance use and was using various substances, when there were reported instances of domestic violence in the Appellant’s…

In the Matter of L.L. & T.L., FH# 2017-0107

Frances I. Wheat
Affirmed - The Hearing Officer found that the Department’s decision to remove children from Appellant’s DCF kinship foster/pre-adoptive home was reasonable; the decision was affirmed. The Department found that the appellants, great grandmother and great aunt, violated their established safety plan.…

In the Matter of L.L. & T.L., FH# 2017-0107

Frances I. Wheat, MPA
Affirmed - DCF’s decision to remove children from Appellant’s kinship foster/pre-adoptive home was reasonable where the Appellants, great grandmother and great aunt, violated their established safety plan; there were substantial concerns that the children lacked order and were missing daycare, which…

In the Matter of KG, FH# 2017-0277

Laureen Decas
Affirmed - DCF had reasonable cause to support a finding of physical abuse where the Appellant intentionally caused physical injury to his son by punching him in the chest and face as well as allegedly choking him, leading to intervention by the police and ambulance services.

In the Matter of MK, FH# 2017-0284

Nicholas Holahan
Affirmed - DCF had reasonable cause to support the finding of neglect where, while working in a caregiver capacity as a staff member at a daycare, the Appellant failed to adequately monitor a child in her care, leading to the child's escape from the daycare onto the street. The child was unattended…

In the Matter of EM, FH# 2017-0429

Lisa Anne Henshall
Affirmed - DCF had reasonable cause to support a finding of neglect because 1) Appellant did not dispute that the altercation took place 2) it was undisputed that the Appellant slapped the child and pulled her hair prior to this incident 3) during this incident the Appellant threw the child into a…

In the Matter of CD, FH# 2017-0712

Antonia Chronis, Esq.
Remanded - DCF acted reasonably in making its decision to close Appellant's case and terminate services when Appellant would leave his program without permission, physically fight with other residents, engage in sexually inappropriate behavior, not attend high school consistently, not work on…

In the Matter of JM & AM , FH# 2017-0431

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to support a finding of neglect because 1) Appellants lack of supervision led to the children's excessive injuries 2) Appellants educationally neglected the children (three of which have identified special needs and one of which has severe behavioral issues) by…

In the Matter of FH, FH# 2017-0378

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to find neglect, terminate foster care placement for two children, and revoke Appellant’s foster care license where: (1) Appellant left children in care of her son and did not disclose his history of substance use, sexualized behavior, and sexual assault; (2)…

In the Matter of JDS, FH# 2017-0464

Anne L. Dale Nialetz
Reversed - DCF did not have reasonable basis for closing Appellant's case and terminating services where the Young Adult Appellant had been in compliance with his service plan by enrolling in two summer community college courses to get off of academic probation and applying for employment. Through…

In the Matter of SL, FH# 2017-0388

Antonia Chronis, Esq.
Reversed - DCF had reasonable cause to believe that the child has 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 SL, FH# 2017-0388

Antonia Chronis
Reversed - The Department’s finding of neglect was reversed due to insufficient evidence to support that appellant, the child’s grandmother, was a caretaker of the child at the time in question. The appellant arrived at the child’s school after she had been in a fight, but the child’s mother arrived…

In the Matter of SA, FH# 2017-0299

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to support the allegations of neglect where there was a history of the two subject children hearing and witnessing arguments, both verbal and physical, between their father and the Appellant, their father's girlfriend. Though the Appellant denies getting in…

BOR - 0016352525

BOR (Board of Review)
Review examiner erred in ignoring 430 CMR 4.45(3) and concluding that the claimant, whose availability for work was medically restricted to part-time employment due to a high-risk pregnancy, was ineligible for benefits under § 24(b).  However, since the review examiner also found the claimant did…

DHCD Tenant Selection Review Decision Index No. 42

DHCD
Decisions are from May 24th, 2017 and November 13th, 2017.

In the Matter of JS, FH# 2017-0178

Anna L. Joseph
Affirmed in part and reversed in part - DCF had reasonable cause to support a finding of neglect when the Appellant 1) disciplined his child in a manner and pattern incompatible with the child's fragile mental health condition and 2) showed a lack of regard for his child's significant mental health…

In the Matter of JK, FH# 2017-0517

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support a finding of neglect because 1) the Appellant father was not visibly intoxicated and only had two drinks 2) the medication Appellant was taking had an unanticipated negative interaction with the alcohol 3) Appellant is no longer on said…

In the Matter of ZR, FH# 2017-0413

Anne L. Dale Nialetz
Affirmed - DCF did not find reason to overturn a prior Fair Hearing decision where the original Hearing Officer complied with DCF policies. New information is not accepted in appeal hearings unless the appeal is in regards to adding a person’s name to the Registry of Alleged Perpetrators or…

In the Matter of PF and JF, FH# 2017-0146

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support a finding of abuse when there was no evidence that Appellant’s children were in danger or that their safety and well-being were threatened. While the children were present in the home during the parents’ altercation, all parties reported that…

BR-0015280979

BOR (Board of Review)
When a temporary employment agency communicates with a claimant that his assignment has ended and tells him it will contact him about a new assignment shortly, the communication satisfies the temporary help firm requirements under G.L. c. 151A, § 25(e).

In the Matter of AY, FH# 2017-0519

Carmen Temme
Affirmed - DCF had reasonable cause to support a finding of neglect and abuse because 1) child was found to be credible because of the visible physical injury from being struck in the face, their level of distress after speaking to Appellant mother, and their siblings corroborated the same exact…

In the Matter of YG, FH# 2017-0281

Maura E. Bradford
Affirmed - DCF had sufficient evidence to revoke the Appellant's kinship foster care license. The Appellant was an open kinship foster care provider for her niece, but the Department determined that the Appellant failed to meet foster care licensing standards after 1) a 51A report was filed alleging…

In the Matter of KF & MK, FH# 2017-0026

Antonia Chronis, Esq.
Affirmed - DCF had reasonable cause to support allegations of neglect against Appellant Mother where mother, intoxicated and behaving in a physically and verbally abusive manner toward Appellant Father and his mother, dropped the infant child.

In the Matter of MA, FH# 2017-0418

Nicholas Holahan
Reversed - DCF did not have reasonable cause to support a report of neglect when the hospital, as a mandated reporter, did not provide specific evidence that Appellant had failed to provide adequate medical care for the child. DCF did not have reasonable cause to hold that the Appellant’s resistance…

In the Matter of LF, FH# 2017-0239

Laureen Decas
Affirmed - DCF had reasonable cause to support a 51B finding of neglect where the Appellant, the children’s legal guardian, exercised poor judgment by allowing multiple guests to visit her home. This made the home overcrowded to the point that it was impacting the functioning of the children. The…

In the Matter of Mr. D.S., FH# 2017-0001

Lisa Anne Henshall
Affirmed - DCF had reasonable cause to find physical abuse where: (1) the Appellant (a teacher) struck a child on the face giving the child a lip injury; (2) there was no evidence that the child was motivated to lie because child expressed concern for Appellant's career; and (3) there was evidence…

In the Matter of LF, FH# 2017-0239

Laureen Decas
Affirmed - The Hearing Officer affirmed a supported 51B decision of neglect where the appellant, the children’s legal guardian, exercised poor judgment by allowing multiple guests to visit her home. This made the home overcrowded to the point that it was impacting the functioning of the children.…

In the Matter of JE and DE, FH# 2017-0113

Jorge F. Ferreira
Affirmed - DCF did not violate regulations, policies, or procedures in revoking kinship care license where Appellants did not show adequate efforts to address the emotional needs of the child. Appellants showed no desire to be a part of their first child’s life once the child was hospitalized for…

In the Matter of IT , FH# 2017-0313

Carmen Temme
Affirmed - DCF had sufficient evidence to support a 51A report of physical abuse where the Appellant spanked her toddler with a shoe, leaving visible marks.

BOR - 0013 6586 83

BOR (Board of Review)
Adjunct professor did not get reasonable assurance of teaching courses under substantially similar economic terms and conditions as in her prior academic terms.  Her employer offered her two courses, fewer than the 3-5 courses provided in recent semesters, and she has a recent history of having her…

In the Matter of TMFH, FH# 2017-0195

Linda A. Horvath
Affirmed - DCF had reasonable cause for neglect where an Appellant Professional did not use their training procedures to follow protocol and escalated the situation with a child by: (1) calling the child a “tough guy;” and (2) offering the child a pen and paper for them to write down a place to…