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 LB, FH# 2017-0358

Antonia Chronis, Esq.
Reversed - DCF did not have reasonable cause to support a decision regarding sexual abuse allegations when there was not sufficient evidence of sexual abuse of child by Appellant. Appellant said he showered and lotioned his grandson with underwear on and didn’t touch his penis. Though the child may…

In the Matter of KB, FH# 2017-0237

Lisa Anne Henshall
Affirmed - The Hearing Officer affirmed a supported 51B decision of neglect where the appellant, an overnight staff worker at a residential program, failed to perform bed checks as required by her job. When she learned of a possible inappropriate situation involving another staff member and a child,…

In the Matter of KB, FH# 2017-0237

Lisa Anne Henshall
Affirmed - DCF had reasonable cause to support a 51B decision of neglect where the Appellant, an overnight staff worker at a residential program, failed to perform bed checks as required by her job. When she learned of a possible inappropriate situation involving another staff member and a child,…

In the Matter of CG, FH# 2017-0025

David Halloran
Affirmed - DCF had sufficient cause to support allegations of neglect and sexual abuse against a staff member at a youth institution where the child in question provided clear, consistent testimony over multiple interviews; and where Appellant’s actions posed a substantial risk to the child.

In the Matter of DS, FH# 2017-0392

Carmen Temme
Affirmed - DCF had sufficient evidence to find neglect where Appellant left the child with child’s mother overnight despite knowing that it was possible that she had a long history of substance use, had relapsed, and might not have been able to provide adequate care and supervision for the child.

In the Matter of PW, FH# 2017-0022

Carmen Colon
Affirmed - DCF had reasonable cause to support allegations of physical abuse against a youth facility employee where the employee engaged in a restraint/take-down that was against program policies, and the take-down resulted in injuries to a child. Accounts of the incident were corroborated by…

In the Matter of CC, FH# 2017-0617

Linda A. Horvath
Reversed - DCF did not have reasonable cause to support a finding of neglect or physical abuse because 1) child who reported that Appellant mother swung a belt at him while yelling has a history of story telling based on the school staff's report 2) child gave three different versions of what…

In the Matter of SR, FH# 2017-0174

Antonia Chronis, Esq.
Affirmed - DCF had reasonable cause to support a 51A report for neglect against the Appellant (kinship foster parent) where the Appellant allowed two unapproved caretakers to have unsupervised contact with the child. In the first documented instance, the unapproved caretaker had a criminal record…

In the Matter of LB, FH# 2017-0021

Antonia Chronis, Esq.
Affirmed - DCF had reasonable cause to support allegations of neglect where a foster parent used physical discipline on children in their care. Given the children’s trauma histories, physical discipline went against treatment recommendations and amounted to a failure to provide stability and growth,…

In the Matter of MS, FH# 2017-0698

Anastasia King
Affirmed - DCF had a reasonable basis for closing the case and terminating the services of the young adult Appellant where Appellant was (1) unable to sustain the minimal expectations of either being employed or actively working toward earning his GED and (2) failed to follow the rules of his…

In the Matter of AR, FH# 2017-0061

Frances I. Wheat, MPA
Affirmed - DCF had reasonable cause to revoke Appellant’s unrestricted family resources license when (1) Appellant had only hosted one foster child over the course of fifteen months in violation of DCF policy; (2) it was noted the Appellant had provided exemplary care and invaluable Spanish-language…

In the Matter of AJ, FH# 2017-0083

Antonia Chronis, Esq.
Affirmed - DCF had reasonable cause to revoke the foster care license of a foster parent when the parent did not provide a reason for requesting that DCF remove a foster child from care. A foster parent must able to manage the stressful situation of having a foster child. The foster parent was also…

In the Matter of LW, FH# 2017-0086

Frances I. Wheat, MPA
Affirmed - DCF had reasonable cause to deny Appellant’s application to become a licensed kinship, child-specific family resource when: (1) Appellant allowed non-approved individuals to care for the child in Appellant’s absence, including the child’s mother, who has a history of substance abuse, as…

In the Matter of BL, FH# 2017-0225

Laureen Decas
Reversed - DCF did not have reasonable cause to find neglect and sexual abuse when (1) the department failed to verify the information given and relied solely on the statements of the young adult alleged victim; (2)the young adult’s statements were not corroborated by anyone; (3) the Appellant…

In the Matter of AA, FH# 2017-0297

Antonia Chronis, Esq.
Affirmed - DCF had a reasonable basis for closing the case and terminating services of the Young Adult Appellant when, after entering into a Voluntary Placement Agreement, the Appellant failed to meet the expectations of her placement by routinely missing the curfew at her foster home, failing to…

In the Matter of CR, FH# 2017-0324

Laureen Decas
Affirmed - DCF had reasonable cause to revoke a license to provide kinship foster care where Appellant Foster Parent: (1) repeatedly lied to DCF about the presence in the home of a person with a prior criminal history; (2) failed to exercise due care in supervising the children; (3) disregarded a…

In the Matter of OR, FH# 2017-0243

Linda A. Horvath
Affirmed - DCF had reasonable cause to support a finding of neglect by the Appellant when he failed to sufficiently secure the car seat for the child at the daycare he was working at. The seat came loose and fell across the van onto the floor while the van was in motion. The Hearing Officer found…

In the Matter of LR, FH# 2017-0118

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to support allegations of neglect where Appellant Mother refused to allow her daughter to stay in the home for fear that the child was dangerous. Appellant failed to meet burden of proof for this belief, and did not seek to find alternative accommodations for the…

In the Matter of SB, FH# 2017-0241

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to support a finding of neglect where the Appellant was in continual conflict with the child, spoke negatively about the other parent, and took a harsh punitive approach toward disciplining the child. The Appellant got into a verbal argument with his child which…

Emergency Assistance Language Access Settlement, Plan and Summary

MLRI
Attached are documents relating to the settlement in August, 2017 of an Emergency Assistance language access complaint filed at MCAD (MIRA and MLRI vs. DHCD.)The documents are the Settlement (including the the EA Language Access Plan) and a summary of the major settlement provisions.

In the Matter of BW, FH# 2017-0117

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to believe neglect by the Appellant Mother when the Appellant Mother left children with the father while having knowledge of the father’s substance use, mental health issues, and history of domestic violence with children present.

In the Matter of BW, FH# 2017-0117

Anne L. Dale Nialetz
Affirmed - A supported 51B decision for neglect by the mother can be affirmed when the mother leaves children with the father while having knowledge of the father’s substance abuse, mental health issues, and history of domestic violence with children present.

In the Matter of RW , FH# 2017-0362

Carmen Colon
Reversed - DCF did not have sufficient evidence to support a 51B decision for neglect and abuse where: (1) abuse and neglect allegations were made by mother, who has a strained and volatile relationship with Appellant Father, (2) the child claimed events occurred merely because the mother said so,…

In the Matter of JE, FH# 2017-0407

Maura E. Bradford
Affirmed - DCF had a reasonable cause to support allegations of neglect when an employee at a residential treatment facility served a child food that contained known allergens, causing an allergic reaction and resulting in the child's admission to the hospital. Appellant was not aware they had…

In the Matter of NA, FH# 2017-0032

Antonia Chronis, Esq.
Affirmed - DCF had reasonable cause to support allegations of neglect where a driver hired by a daycare failed to drop off a young child, and left the child unattended in the vehicle for 5-10 minutes before being alerted to the issue. DCF’s determination that this relatively short period of time…

In the Matter of WW, FH# 2017-0525

Frances I. Wheat, MPA
Affirmed - DCF had a reasonable basis for closing the case and terminating services provided under Appellant's Voluntary Placement Agreement when Appellant did not attend classes and failed to withdraw in time, provided no proof of employment, misused EVT funds, acquired criminal charges (disorderly…

In the Matter of JH, FH# 2017-0045

Lisa Anne Henshall
Remanded - DCF did not comply with its policies and procedures where Appellant did not have an appropriate and stable housing arrangement before DCF closed the case. Appellant must have a 90 day transitional period before DCF may close the case.

In the Matter of MA, FH# 2017-0010

Lisa Anne Henshall
Affirmed - DCF had reasonable cause to support a neglect finding where the Appellant Mother was drinking to the point of intoxication over a three-week period while her child was asleep. The Hearing Officer also considered the child’s mental health issues and the child’s statement that she felt…

In the Matter of SM, FH# 2017-0128

Anne L. Dale Nialetz
Reversed - DCF did not have reasonable cause to support the 51A decision for neglect against the Appellant (staff member at a short-term placement facility for adolescent boys). Though the Appellant ("SM") had left the boy ("A") unattended with bathroom cleaning supplies, which is a violation of the…

BOR - 0014 3830 98

BOR (Board of Review)
Part-time behavioral therapist assigned to work with children in and around Boston should not have been disqualified for turning down assignments that required her to drive 1-2 hours during rush hour for 2 hours of work.  Such assignments were unsuitable.

In the Matter of O.O., FH# 2017-0143

Anastasia King
Reversed - The Hearing Officer reversed the finding of neglect because the finding relied solely on a child’s testimony without any corroborating evidence and because the Hearing Officer did not find the testimony sufficiently credible. The child’s first disclosure was 2-3 years after the incident,…

In the Matter of O.O., FH# 2017-0143

Anastasia King
Reversed - The Hearing Officer did not have sufficient evidence to support a finding of neglect where the allegations relied solely on a child’s testimony without any corroborating evidence and the testimony was not sufficiently credible. The child’s first disclosure was 2-3 years after the…

In the Matter of M.O., FH# 2017-0150

Anastasia King
Reversed - DCF did not have reasonable cause to support a 51A report of abuse where a young child alleged the Appellant’s husband sexually assaulted them at their home day care. The allegations by the child were not supported by the recollections of other parents or the Appellant Daycare Provider…

In the Matter of CC, FH# 2017-0240

Lisa Anne Henshall
Reversed - DCF did not have reasonable cause to support a finding of neglect where the Appellant was never the primary caretaker of the child at the time he was drinking. While the child’s medical issues, the family’s history of violence, and the Appellant’s past substance use issues were concerns,…

In the Matter of N.P., FH# 2017-0040

Linda A. Horvath
Reversed - DCF did not have reasonable cause to support a finding of neglect where Appellant Daycare Provider left two children with her brother while she took the other two with her to get her diabetes medication. Appellant was well enough to drive and did not place the children with her in any…

Dorian and Waltham Public Schools – BSEA #17-02306

BSEA HO Amy Reichbach
"BSEA Hearing Officer Amy Reichbach held that the communications and materials of non-lawyer special education advocates are subject to the protections of the work product doctrine.  The hearing officer reasoned that such protection is necessary in order to minimize the potential chilling effect…

In the Matter of SC, FH# 2017-0085

Anne L. Dale Nialetz
Reversed - DCF did not have reasonable cause to support a 51A decision when a daycare provided testimony that appeared to be credible asserting quality of its care, even when a parent testified that the quality of care was poor. This included a parent testifying that the provider was neglectful in…

In the Matter of SM, FH# 2017-0173

Antonia Chronis, Esq.
Reversed - DCF did not have reasonable cause to support allegations of neglect against the Appellant (the child's mother) where, though alcohol use may have been somewhat of an issue for the Appellant, it was not determined with certainty to be a contributing factor to her fainting and getting…

In the Matter of JR, FH# 2017-0439

Anna L. Joseph
Affirmed - DCF had reasonable basis for terminating Appellant's services and closing Appellant's case when Appellant failed to comply with the terms of his voluntary placement agreement by continuing to engage in violent and disruptive behavior (which has resulted in both multiple juvenile and adult…

DHCD Tenant Selection Review Decision Index No. 41

DHCD
Decisions are from November 16th, 2016 to May 23rd, 2018.

In the Matter of DA, FH# 2017-1391

Jorge F. Ferreira
Affirmed - DCF had reasonable cause to support a finding of neglect against the Appellant guardian where: (1) the children's mother and her ex-boyfriend had a previously supported 51A report due to a history of domestic violence and substance abuse, and as a result were not allowed to be alone with…

Inaccessible resources ALJ decision & memo

Rachel Brown, CLA & ALJ
Attached is a legal memo by Rachel Brown at CLA and the resulting favorable ALJ decision in a 2017 SSI case finding that the applicant's half interest in a house co-owned with an abusive partner and located outside of Massachusetts where the abuser still lived was not an accessible resource because…

In the Matter of DC, FH# 2017-0049

Anne L. Dale Nialetz
Reversed - DCF did not have reasonable cause to support allegations of physical abuse where the child alleging abuse exhibited behavioral and mental health issues, and had previously made unreliable reports. The Hearing Officer determined that the child likely sustained injuries accidentally, and…

In the Matter of DD, FH# 2017-0011

Laureen Decas
Affirmed in part and reversed in part - DCF did not have reasonable cause to support a finding of abuse where there was no evidence corroborating the child’s allegation that her mother hit her. While DCF had the child’s allegations of abuse, there were no observed injuries that matched the…

TAFDC appeal approved - unknown asset

Daniel Biagiotti, DTA
Appellant’s TAFDC benefits were cut off after the DOR Bank Match unit detected an account associated with her name containing a balance that exceeded $2,500.  The account was set up by appellant’s mother under the Uniform Transfer to Minors Act some ten years earlier when appellant…

In the Matter of JM, FH# 2017-0089

Antonia Chronis, Esq.
Reversed - DCF did not have reasonable cause to support allegations of neglect. The Appellant’s regular use of marijuana, the reports of her children occasionally watching the daycare children while the Appellant napped, and the children’s reported struggles were reasonable cause for DCF’s initial…

BR0019178368

BOR (Board of Review)
Advocate: Margaretta Kroeger, MetroWest Legal The client had worked in IT for a tech company until June 2016, when he was laid off.  He was approved for UI, but before he started receiving benefits he accepted a new full-time job working in IT at a bank.  However, he only worked at…

In the Matter of JP, FH# 2017-0522

Laureen Decas
Affirmed - DCF had reasonable cause to support a finding of neglect because 1) the children were exposed to discord in the chaotic home which led to them having behavioral and demeanor changes 2) the children were not up to date medically 3) their attendance in school was historically poor and…

In the Matter of FH, FH# 2017-0376

Jorge F. Ferreira
Affirmed - DCF had reasonable cause to believe that the child has been neglected and that the Appellant's foster care license should be revoked where Appellant allowed the children to have an unsupervised visit with their birth mother who has a history of substance use. Appellant later encouraged…

In the Matter of LG and VG, FH# 2017-0067

Jorge F. Ferreira
Affirmed - DCF had reasonable cause to support allegations of neglect and physical abuse where the Appellant Adoptive Father purposefully hit the child with a sandal, leaving a clear mark that was visible on the child for a week. The child stated he was afraid of Appellant Adoptive Father and that…