In the Matter of MS, FH# 2017-1241

Affirmed in part and reversed in part - DCF had reasonable cause to support a finding of neglect but not sexual abuse. The Department had a history of involvement with both the Appellant father and the child's mother, both of whom had been cited for domestic violence. However, in this particular incident the allegation was based on testimony given by both the child and mother. The child provided a statement intimating that the Appellant engaged in acts of "Goat" "Fruit Basket" and "Batwing" all referring to certain sexual acts. This was corroborated by the mother. However, it was later discovered that the child was merely resuscitating acts that she witnessed in a clip of an adult movie she watched with the Appellant. Furthermore, due to the Department's involvement with the mother it was known that she dramatized the allegations against the Appellant thereby diminishing her credibility as a corroborator. However, the Appellant's actions in allowing the child to view graphic adult behavior on film, coupled with the Appellant's continued use of alcohol and history of domestic violence constituted less than minimally adequate supervision under the Department's guidelines.