Supported 51B decision

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In the Matter of JK, FH# 2018-0013

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to believe that the child was neglected where the mother testified that there was a long history of domestic violence and that Appellant Father was violent, demeaning, domineering, and aggressive towards the child's mother in front of the child. The Hearing…

In the Matter of JS, FH# 2018-0018

Laureen Decas
Affirmed - DCF had reasonable cause to find neglect when (1) a 9-year-old child witnessed physical violence between their parents; (2) the Appellant Father had a history of anger and grief-related issues; (3) the Appellant Father had been physically violent towards the child; and (4) both parents…

In the Matter of M.M., FH# 2018-0106

Maura E. Bradford
Affirmed - DCF had reasonable cause to support a 51A report of neglect where the Appellant's ex-husband failed to provide minimally adequate care to his son by driving while intoxicated with his son in the passenger seat. The Appellant's ex-husband and his son were involved in a car accident,…

In the Matter of CD, FH# 2018-0110

Anne L. Dale Nialetz
Reversed - DCF did not have reasonable cause to believe the child was neglected where (1) Appellant was not involved in the child being left home alone, (2) the child’s daycare had no protective concerns outside of isolated incidents where the parents were late to picking up the child, and (3) the…

In the Matter of RH, FH# 2018-0121

Laureen Decas
Affirmed - DCF had reasonable cause to find neglect where a young child witnessed domestic violence and expressed sadness. The Hearing Officer considered past domestic violence reports and substance use in determining whether there was reasonable cause for finding neglect.

In the Matter of EK, FH# 2018-0126

Maura E. Bradford
Reversed - DCF did not have a reasonable basis to believe that Appellant was liable for neglect on account of the Appellant not being a caretaker when (1) the Appellant did not live with the parent and children; (2) the Appellant and parent were only in a dating relationship; and (3) the Appellant…

In the Matter of JS and TW, FH# 2018-0160

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to support allegations of physical abuse where the child’s siblings confirmed the abuse, even though they later retracted it due to coaching from parents. Although DCF regulations do not offer guidance on what to do when parents coach their children to deny…

In the Matter of WG, FH# 2018-0186

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to support a 51B finding of neglect where the Appellant Father assaulted the child's mother in close proximity to their child, in combination with a failure to provide adequate emotional stability and growth, physical safety, and other essential care for their…

In the Matter of DG, FH# 2018-0211

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to believe that the child had been neglected where the Appellant had a history of prostitution and substance use, displayed risky and impulsive behaviors, and expressed no desire to care for the children. In addition, Appellant left her children in the care of a…

In the Matter of E.S., FH# 2018-0237

Frances I. Wheat, MPA
Reversed - DCF had insufficient evidence to support a 51A report of physical abuse when the Appellant hit his son on his buttocks with a belt, over his clothes, as physical discipline. The Appellant talked with his son before and after the physical punishment and the child reported that the…

In the Matter of MW, FH# 2018-0274

Laureen Decas
Affirmed - DCF had reasonable cause to support allegations of neglect where Appellant and father failed to provide adequate emotional support and safety when the children were exposed to verbal altercations between Appellant and stepmother. As a result, child suffered from emotional development…

In the Matter of DC, FH# 2017-0368

Lisa Anne Henshall
Reversed - DCF did not have reasonable cause to support a 51A report of sexual abuse when the child’s family, as witnesses, stated that the Appellant Landlord was in the child’s home, but the Appellant Landlord was not a caregiver of the child.

In the Matter of RE and JE, FH# 2018-0278

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to support allegations of neglect due to Appellant’s mood swings, yelling at children and spouse, and other verbal abuse. The children responded to Appellant’s actions with school tardiness, psychological disorder, behavioral issues, eating disorder, and poor…

In the Matter of NP, FH# 2017-0369

Laureen Decas
Affirmed - DCF had reasonable cause to support a 51A report of physical abuse when child testified that play-fighting with Appellant Father escalated to physical abuse on multiple occasions; that he believed the Appellant had anger issues; that he was hit by Appellant during their court ordered…

In the Matter of NP & KS, FH# 2018-0294

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to support an allegation of neglect where: (1) Appellant Parent's low level of engagement in drug treatment was insufficient to maintain their sobriety; and (2) child expressed being upset about how much their parents yell at each other, especially when the…

In the Matter of DB, FH# 2017-0370

Nicholas Holahan
Affirmed - DCF had reasonable cause to support an allegation of physical abuse when the child’s account was clear and consistent, and there was physical evidence of significant force that could be reasonably inferred to have occurred under Appellant’s care.

In the Matter of CT, FH# 2018-0346

Frances I. Wheat, MPA
Affirmed - DCF had reasonable cause to support an allegation of neglect where: (1) the child ran away from the home and the Appellant Grandmother did not make substantial attempts to locate the child; (2) the child was off her medication due to the neglect of the Appellant Grandmother; and (3) the…

In the Matter of SL, FH# 2017-0373

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support allegations of neglect where the Appellant Mother held the infant child during a brief verbal and physical altercation with the child’s Legal Guardian Paternal Grandfather. The child appeared unharmed by the incident, and the Hearing Officer…

In the Matter of JC, FH# 2018-0427

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to support an allegation of neglect where: (1) the Appellant Mother exposed the child to a lengthy and hostile argument; (2) the child was not provided with adequate stability and growth; (3) the Appellant Mother infrequently participated in drug treatment; and…

In the Matter of EM, FH# 2017-0374

Nicholas Holahan
Reversed - DCF had no reasonable cause to support allegations of neglect where Appellant allegedly drove while intoxicated with the child in the vehicle. It was determined that (1) Appellant did not transport the child, the grandmother did; (2) Appellant regularly checked on her son during the…

In the Matter of JH, FH# 2018-0444

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to find neglect where the Appellant Father: (1) exposed children to a highly hostile home environment by verbally, emotionally, and physically abusing child and mother; (2) cursed at mother and called her bad names in front of children; (3) hit, slapped, spanked,…

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 JG, FH# 2017-0377

Carmen Temme
Affirmed - DCF had reasonable cause to support allegations of physical abuse where Appellant Professional used excessive force in restraining child when the child used inappropriate language and the child was not physically aggressive. Appellant provoked the child and showed no signs of attempting…

In the Matter of FH, FH# 2017-0378

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to find neglect, terminate foster care placement for two children, and revoke Appellant’s foster care license where: (1) Appellant left children in care of her son and did not disclose his history of substance use, sexualized behavior, and sexual assault; (2)…

In the Matter of FH, FH# 2017-0386

Nicholas Holahan
Reversed - DCF did not have reasonable cause to believe that the child had been neglected where: (1) Appellant's young child was found with an illegal drug from an undetermined source; (2) the police could never conclude what the substance was; (3) the child changed his story several times about…

In the Matter of SL, FH# 2017-0388

Antonia Chronis, Esq.
Reversed - DCF had reasonable cause to believe that the child has been neglected where the Appellant had a history of prostitution and substance use, displayed risky and impulsive behaviors, and expressed no desire to care for the children. In addition, Appellant left her children in the care of a…

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 Mr. JV, FH# 2017-0397

Lisa Anne Henshall
Affirmed - DCF had sufficient evidence to find neglect where there was evidence of domestic violence in the presence of the child. Reported incident occurred when child walked in on Appellant Father physically assaulting mother. Child also demonstrated behaviors of hitting at his daycare that…

In the Matter of FE, FH# 2017-0399

Carmen Temme
Affirmed - DCF acted with a reasonable basis in finding neglect by Appellant (a DCF Direct Care Supervisor at a residential facility) where Appellant fell asleep while he was supposed to be supervising children overnight. Three children were in danger when they snuck out of the facility for about an…

In the Matter of MT, FH# 2017-0402

Anastasia King
Reversed - DCF acted without reasonable basis in supporting a finding of neglect by child’s grandmother where she did not qualify as a caretaker. Grandmother was pulled over on suspicion of drunk driving while mother and child were in the car. Family denied claims on basis that she had difficulty…

In the Matter of DD, FH# 2017-0404

Frances I. Wheat, MPA
Affirmed - DCF had reasonable cause to support a neglect allegation when a firearm was in an accessible position to a child, even though the firearm was in a holster the child could not open, and the child had undergone firearm safety training.

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 MR, FH# 2017-0408

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support a 51B decision when Appellant allowed a child to visit her their mother and, unbeknownst to Appellant, that visit resulted in physical abuse of the child by another person.

In the Matter of N.Y., FH# 2017-0409

Anna L. Joseph
Reversed - DCF did not have reasonable cause to support neglect where: (1) two parents had discord and volatile communications; (2) the Appellant tried unsuccessfully to work on a co-parenting plan for the subject child; and (3) Appellant was not determined to have failed to provide adequate care…

In the Matter of KM, FH# 2017-0412

Jorge F. Ferreira
Affirmed - DCF had reasonable basis for listing Appellant (a substitute teacher) in the Central Registry of Alleged Perpetrators where their relationship with a teenage student was found to constitute sexual abuse. Appellant’s actions (including allowing the minor child to skip class in Appellant’s…

In the Matter of MA, FH# 2017-0418

Nicholas Holahan
Reversed - DCF did not have reasonable cause to support a report of neglect when the hospital, as a mandated reporter, did not provide specific evidence that Appellant had failed to provide adequate medical care for the child. DCF did not have reasonable cause to hold that the Appellant’s resistance…

In the Matter of LQ, FH# 2017-0419

Anne L. Dale Nialetz
Affirmed in part and reversed in part - DCF had reasonable cause to support allegations of neglect where Appellant’s children were sexually abused, and exposed to threats of violence and excessive violence. The children also witnessed a pattern of domestic violence between Appellant and Appellant’s…

In the Matter of FH, FH# 2017-0191

Anna L. Joseph
Affirmed in part and reversed in part - DCF had reasonable cause to believe that abuse had occurred when Appellant Father’s actions were found to be non-accidental and placed the child at substantive risk of injury, including a one-time hitting of a child with the Appellant Father’s belt.

In the Matter of KS, FH# 2017-0318

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to support a neglect allegation where Appellant Father’s child witnessed a pattern of domestic violence and verbal conflict between Appellant Father and Appellant’s partner. The Appellant Father and his partner made no effort to shield the child from conflicts,…

In the Matter of MMFH, FH# 2017-0193

David Halloran
Reversed - DCF had reasonable cause not to find neglect where Appellant Principal: (1) handled child leaving school premises with proper procedure or reasonable care; (2) followed all protocols; and (3) placed sufficient and capable staff to look after child, and his mental health needs, in the…

In the Matter of DW and CW, FH# 2017-0325

Nicholas Holahan
Reversed - DCF had no reasonable cause to support allegations of neglect following a 51A report from a hospital where Appellants were undergoing heroin detox because: (1) the children showed no signs that Appellants’ daily heroin use had put them at substantial risk, and (2) the grandparents were…

In the Matter of TMFH, FH# 2017-0195

Linda A. Horvath
Affirmed - DCF had reasonable cause for neglect where an Appellant Professional did not use their training procedures to follow protocol and escalated the situation with a child by: (1) calling the child a “tough guy;” and (2) offering the child a pen and paper for them to write down a place to…

In the Matter of MD and CJ, FH# 2017-0327

Jorge F. Ferreira
Reversed - DCF did not have reasonable cause to support allegations of abuse where Appellants used corporal punishment. The use of corporal punishment was not found to be abuse because: (1) the Appellants signed a document with the police saying they would stop two years prior; and (2) there was no…

In the Matter of MM, FH# 2017-0352

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support allegations of sexual abuse where the child appeared to be coached in their disclosure. Indicators of coaching include an ongoing custody dispute between Appellant Father and child’s mother, a pattern of unfounded allegations against Appellant…

In the Matter of TW, FH# 2017-0200

Antonia Chronis, Esq.
Reversed - DCF did not have reasonable cause to find neglect or abuse where Appellant Professional (1) appeared calm, (2) did not use excessive force, and (3) followed procedure while interacting with the child.

In the Matter of EC, FH# 2017-0353

Jorge F. Ferreira
Reversed - DCF did not have sufficient evidence to affirm a finding of neglect where a child struggled with behavioral issues, and had been violent towards Appellant mother, their sibling, and themselves. Appellant presented a clear and comprehensive side of their role in the incidents in question…

In the Matter of VD, FH# 2017-0203

Carmen Colon
Reversed - DCF had insufficient evidence to support a neglect report because the investigation was not conducted properly, including no police report, no medical records, and no further questions asked of the Appellant Mother to support an allegation of neglect.

In the Matter of AR, FH# 2017-0355

Carmen Colon
Affirmed - DCF had reason cause to find neglect against mother for leaving the children unsupervised for extended periods of time. The child reported to her guidance counselor that she was worried about what to do in case of an emergency while looking after her little brother when her mother could…

In the Matter of JR, FH# 2017-0205

Carmen Temme
Reversed - DCF did not have reasonable cause to support allegations of neglect where there was no risk to the children’s safety nor were the children put in immediate danger. Appellant Father, while unable to personally provide adequate care due to intoxication, ensured the safety of the children by…

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…