Supported 51B decision

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In the Matter of MB, FH# 2018-1193

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support allegation of neglect of 16-year-old child by Appellant father where 1) Appellant was drinking in front of child; and 2) After drinking to intoxication, Appellant let child (who had learner's permit) drive Appellant home with another, sober…

In the Matter of RB & NB, FH# 20190790

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support a finding of medical neglect by Appellants father and mother when (1) despite a delay in medical care, child did not suffer life-long consequences from the injuries he sustained; (2) child reported to parents he was ok; and (3) EMTs did not…

In the Matter of MD, FH# 20190579

Sophia Cho
Reversed - DCF did not have sufficient evidence for reasonable cause to believe that appellant mother neglected child where 1) basic needs of shelter, food, and medical care were met; 2) physical discipline that left a red mark did not put child in danger or impose a substantial risk to her safety…

In the Matter of RE, FH# 20191073

Carmen Colon
Reversed - DCF did not have sufficient evidence to support a neglect finding where 1) Appellant mother placed her own safety at risk while in an acute state of distress after purposefully leaving the school so her children wouldn't see her upset; 2) the child's other parent responded to care for the…

In the Matter of MB, FH# 20190610

Nicholas Holahan
Reversed - DCF did not have sufficient evidence to support a finding of neglect by Appellant father when 1) Appellant, who had a drinking problem in the past, no longer drank and child hadn't seen Appellant drink in over a year; and 2) Appellant left child with grandparents while Appellant went to…

In the Matter of JM, FH# 20191032

Sophia Cho
Reversed -- DCF did not have reasonable cause or sufficient evidence to believe that appellant mother neglected child when 1) child was a substance exposed newborn; 2) mother's use of and child's exposure to marijuana did not impact mother's ability to provide minimally adequate care

In the Matter of MS, FH# 20191203

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support allegation of physical abuse when (1) children could not provide a timeline of physical abuse and didn't offer details; (2) child couldn't remember how she received a bruise on her leg; (3) other child had no bruises on his body; (4) child…

In the Matter of AD, FH# 20191167

Sophia Cho
Reversed - DCF did not have reasonable cause to support allegations of neglect where (1) Appellant mother was found not guilty of assault and battery on a household member charge; (2) there was conflicting/insufficient evidence to support that Appellant assaulted her child's father while he was…

In the Matter of JC, FH# 20191564

Laureen Decas
Affirmed - DCF did have reasonable cause to support a finding of neglect by Appellant father as a result of Appellant's extensive police interactions regarding substance use in the three months prior to the report, as Appellant was failing to adequately protect the child's well-being.

In the Matter of BD, FH# 20191584

Laureen Decas
Affirmed - DCF did have sufficient evidence to support a finding of neglect by Appellant father/stepfather when Appellant drove intoxicated with his children and step-children in the car, proven by the police report, sobriety tests, and breathalyzer results.

In the Matter of MB, FH# 20191377

Laureen Decas
Affirmed - DCF did have reasonable cause to support a finding of neglect by Appellant father as a result of a physical altercation between Appellant and the child's mother, given that the child witnessed the altercation--including Appellant allegedly grabbing the mother by the throat to restrain…

In the Matter of CB, FH# 20190583

Frances I. Wheat, MPA
Affirmed - DCF had reasonable cause to support a finding for neglect against Appellant boyfriend of mother after Appellant caused physical harm to mother, hitting her in the head with a cellphone, while the child was in the home. Even though the child did not witness the event, a reasonable person…

In the Matter of RH, FH# 20191276

Jorge F. Ferreira
Reversed - DCF did not have sufficient evidence to support a finding of neglect by Appellant father when 1) Appellant provided substantial evidence to prove the children's mother had fabricated similar allegations in the past to regain legal and physical custody of them; 2) the children were…

In the Matter of MD, FH# 20191330

Anastasia King
Affirmed for neglect and reversed for abuse - DCF did have reasonable cause to support a finding of neglect by Appellant daycare provider for falling asleep while supervising children in her daycare when 1) the three children were consistent with their own and each others' testimonies; 2) Appellant…

In the Matter of CH, FH# 20191534

Anastasia King
Reversed - DCF did not have reasonable cause to support a finding of neglect by Appellant father as a result of mother's mental health issues and substance use, as Appellant did not care for the child while intoxicated, was approved for temporary custody by the Probate Court, and found alternate…

In the Matter of YA, FH# 20200084

Lisa Anne Henshall
Reversed - DCF did not have reasonable cause to support the finding of neglect by Appellant mother for a substance-exposed newborn/neglect allegation after a positive toxicology screen when 1) Appellant and all collaterals consistently denied Appellant ever using substances, and Appellant's three…

In the Matter of MB & EB, FH# 20191560

Kathleen Sims
Reversed - DCF did not have reasonable cause to support a finding of neglect by Appellant parents when 1) the report was filed in response to a one-time verbal altercation between Appellants regarding the child's behavior; 2) the child dealt with many mental health issues that exacerbated the…

In the Matter of EC, FH# 20190970

Frances I. Wheat, MPA
Reversed - DCF did not have sufficient evidence to support a finding of neglect by Appellant father when 1) the decision to support was made largely relying on statements from Appellant's ex-wife (and child's mother) and her therapist; 2) there is an ongoing case in Family and Probate Court, which…

In the Matter of NK, FH# 20191059

Lisa Anne Henshall
Reversed - DCF did not have sufficient evidence to support a finding of neglect against Appellant mother after father reported Appellant for domestic violence when 1) the evidence is conflicting and unclear; 2) Appellant alleges she was the victim of domestic violence, not the perpetrator; 3) the…

In the Matter of BA, FH# 2018-1216

Jorge F. Ferreira
Reversed - DCF did not have reasonable cause to support neglect and sexual abuse where 1) DCF relied on inconsistent statements by a child who was angry with Appellant, who was a staff member at a program the child attended, and 2) the entire record was not considered during the investigation. In…

In the Matter of KC, FH# 2018-1352

Carmen Colon
Reversed - DCF did not have reasonable cause to support allegations of physical abuse and neglect against Appellant daycare staff member when no corroborative evidence was given and the three children involved provided inconsistent statements. Evidence from other teachers and other parents painted…

In the Matter of CL, FH# 2018-0882

Carmen Colon
Reversed - DCF did not have sufficient evidence to support an allegation of sexual abuse when Appellant boyfriend of Mother adamantly denied touching the child inappropriately and no further evidence was presented to refute this denial. Given Appellant's lack of sexual abuse history, the child's…

In the Matter of MBDS, FH# 20191254

Laureen Decas
Reversed - DCF did not have reasonable cause to support the allegation of neglect by Appellant father when 1) the allegations that Appellant left his 12-year-old daughter alone in an unfamiliar area was found inaccurate, as she was with a cousin and on the curb in front of Appellant's house; 2)…

In the Matter of EJ, FH# 20190886

David Halloran
Reversed - DCF did not have sufficient evidence to support a finding of neglect by Appellant mother after a suicide attempt during which two of her children intervened and called 911. While the incident was upsetting for the children, DCF did not have evidence to suggest that Appellant had failed to…

In the Matter of KL, FH# 20190823

Nicholas Holahan
Reversed - DCF did not have a reasonable basis to support allegations of neglect by Appellant mother as a result of her drinking alcohol when 1) she had never put the children at risk or failed to adequately care for them due to her drinking; 2) she was willingly meeting with a therapist, attending…

In the Matter of RB, FH# 20190380

Anne L. Dale Nialetz
Reversed - DCF did not have sufficient evidence to support a neglect finding against Appellant father where 1) the child and their sibling gave inconsistent statements from each other, from prior statements, and from adults; 2) the child and their sibling were known by their social worker to be…

In the Matter of AF, FH# 2017-0974

Maura E. Bradford
Reversed - DCF did not have reasonable cause to make a finding of neglect against Appellant aunt/foster mother, as the report and response were largely a result of one incident between Appellant and her boyfriend that occurred while the child was home with a babysitter. DCF had the option to…

In the Matter of AS & PS, FH# 2017-1387

Carmen Temme
Reversed - DCF did not have reasonable cause to support a finding of neglect. The evidence was sufficient to determine that the Appellant parent's actions resulted in failure to provide minimally adequate medical care. However, DCF did not show that the Appellants posed a substantial risk to the…

In the Matter of LM, FH# 2017-1394

Carmen Temme
Reversed - Although DCF had reasonable cause to support a finding of neglect due to "relationship discord," there was no evidence that the Appellant father placed the children in immediate danger or posed risk to their safety whereDCF's decision-making lacked corroboration and detail and mother…

In the Matter of MP, FH# 2017-0999

Lisa Anne Henshall
Affirmed - DCF had a reasonable cause to support a finding of neglect because two of the subject children (aged 3 and 5) disclosed witnessing Appellant father yell and hit their mother. The children's mother made and later retracted a statement about the Appellant hitting her. DCF had reasonable…

In the Matter of MS, FH# 2017-1202

Antonia Chronis, Esq.
Reversed - DCF did not have a reasonable cause to support a finding of physical abuse because there was insufficient evidence that Appellant mother pushing her child into a room caused her child to sustain physical injury. Appellant pushed the child after a struggle over the child's backpack…

In the Matter of JH, FH# 2018-0444

Ann L. Dale Nialetz
Affirmed - The Department found neglect when the caretaker: (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, and pinched 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 NCP, FH# 2017-1409

Carmen Colon
Affirmed - DCF had reasonable cause to support a finding of neglect where when Appellant mother was at the police department performing a court ordered child exchange with biological father for her scheduled visitation, she initiated a physical altercation with the father, punching him in the face…

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 LR, FH# 2017-0672

Linda A. Horvath
Affirmed - DCF had reasonable cause to support a finding of neglect because 1) Appellant mother had a history of struggling to ensure child's attendance in school for the last two years 2) the child missed 33 days of school and was frequently late or pulled out early 3) while at school child was…

In the Matter of JD, FH# 2017-0272

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support the 51A Report for neglect of the two subject children by the Appellant (their father) where 1) there was only a single isolated incident where the Appellant duck taped his 12-year-old autistic son's mouth for a few seconds after the child said…

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 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 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 WG, FH# 2018-0186

Anne L. Dale Nialetz
Affirmed - The Hearing Officer affirmed a supported 51B decision where the father assaulted his partner in close proximity to the child. The Officer found the father failed to provide adequate emotional stability and growth, physical safety, and other essential care for their child and that his…

In the Matter of RH, FH# 2018-0121

Laureen Decas
DCF has reasonable cause to find neglect where a young child witnesses domestic violence and expresses sadness. Here, domestic violence was found when one parent was yelling and throwing objects. Hearing officer will consider past domestic violence reports and substance abuse in determining whether…

In the Matter of SH, FH# 2017-0102

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support allegations of neglect where Appellant Mother did not accompany the child to the hospital in an ambulance, but arrived at the hospital separately at a later time. It was determined that the child was adequately supervised at all times, and that…

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 CG, FH# 2018-0520

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to find neglect where Appellant had a history of substance abuse (alcohol, heroin, marijuana, cocaine, opiates, and Fentanyl) while her granddaughter was in her custody, resulting in the Appellant’s failure to provide minimally adequate supervision and other…

In the Matter of KB and EO, FH# 2017-0018

Laureen Decas
Affirmed in part and reversed in part - DCF had reasonable cause to support the 51A decision for physical abuse against the Appellant-live-in partner (caregiver). The Appellant live-in-partner allegedly slapped the child across the face while the Appellant mother was outside. The slap left…

In the Matter of HZ, FH# 2017-0338

Jorge F. Ferreira
Reversed - DCF did not have reasonable cause to support the allegation of neglect where the Appellant was found to be the victim of domestic violence who took the appropriate steps to seek help when she was assaulted by the subject child's father. Additionally, the Appellant acknowledged that her…

In the Matter of A.B., FH# 2017-1238

Lisa Anne Henshall
Affirmed - DCF did have reasonable cause to support a finding of neglect. Appellant mother and maternal grandmother were out at lunch and highly intoxicated while in the presence of the child. Furthermore, it was determined that the Appellant allowed the maternal grandmother to drive her and the…

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 AR, FH# 2017-0247

Nicholas Holahan
Reversed - DCF did not have reasonable cause to support a 51A report of neglect when a child was hospitalized for an incredibly high blood sugar level, Appellant resisted the voluntary services of a visiting nurse, and Appellant and child had missed several doctors’ appointments; Appellant provided…