In the Matter of EKB & TB, FH# 2017-0211

Affirmed - The Hearing Officer affirmed the Department’s 51B decision supporting findings of physical abuse. The department affirmed findings of physical abuse even when the perpetrator is unknown where (1) a child who was less than a month old has a broken bone from an unknown event; (2) physicians testified that the type of fracture can but does not commonly arise from normal baby care or accidents; (3) the parents were the only caretakers; and (4) the baby had been left alone with an older sibling under the age of 5 for a short period of time around the time of the fracture.