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 program's written policy, this practice was in line with the "hands on" training SM received when he began working at the program. Additionally, when SM began his shift, staff from the previous shift failed to disclose that A had been acting suspicious and needed to be observed closely. There was no reasonable cause to believe that SM failed to provide A with minimally adequate supervision given what he knew or should have known under the circumstances. SM had no reason to suspect that A would use the bathroom cleaning chemicals to build a "bottle bomb," and it was decided that leaving A alone for 10 minutes did not constitute neglect.
Attachment Size
20170128.pdf (384.62 KB) 384.62 KB