In the Matter of JS, FH# 2017-0178

Date:
Author:
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 diagnoses, which had a demonstrably adverse effect on the child's overall well-being. DCF did NOT have reasonable cause to support a finding of physical abuse. Though the Appellant routinely physically disciplined the child by hitting him in the back of the head and spanking his backside, there is no evidence that the Appellant's action of disciplining his child in this manner caused a significant risk of injury sufficient to warrant a physical abuse finding.
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