Education - special education services

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…

Reversed - DCF did not have reasonable cause to support a finding of abuse because 1) the reporter interpreted the child's unclear speech as an allegation but the Appellant's child did not provide that information to the DCF response worker and the pediatrician disputed that the child's speech was…

Reversed - DCF did not have reasonable cause to support a finding of neglect because Appellants did what they thought was best to address their child's inappropriate behavior and there was no evidence to suggest that their physical discipline adversely impacted their children's emotional stability…

Reversed - DCF did not have reasonable cause to support a finding of neglect. Appellant mother had a single incident of domestic abuse with her partner in front of her children. However, the DCF determination, that because of the fight the Appellant failed to provide minimally adequate emotional…

Reversed - DCF did not have reasonable cause to support a finding of neglect because 1) the Appellant's dispute with the school over the IEP was not a proper topic of an administrative Fair Hearing 2) the Appellant has been active in the child's education, attending dozens of meetings regarding…

Reversed - DCF did not have reasonable cause to support a finding of neglect because 1) the classroom was special needs and had 4 students, each with significant needs 2) on the day in question the classroom was short staffed 3) the allegations resulted from listening to a digital recording device…

Reversed - DCF did not have reasonable cause to support a finding of neglect. The Appellant was a staff member in a special needs classroom with four students. On the day in question, the classroom was short staffed, so procedures were altered to ensure safety. All allegations of neglect were the…

Affirmed - DCF had reasonable cause to support a finding of educational neglect because 1) Appellant parents insisted that their child could only go to one specific school which led to the child being severely behind academically, failing the first grade 2) child was diagnosed with dyslexia, a…

Reversed - DCF did not have reasonable cause in order to support a finding of neglect because 1) there is little evidence that the appellants knowingly allowed their child to skip school and 2) the school waited until the child's absences reached a critical number before they notified the appellants…

Reversed - DCF did not have reasonable cause to support the 51A reports of neglect by the Appellant where there was no reasonable evidence that the Appellant failed to provide essential care for her son or that the Appellant's actions or inactions placed the child in any danger. The child had a…

Reversed - DCF did not have reasonable cause to support a finding of physical abuse because 1) the Department found the child to be an unreliable reporter given that he provided contradictory information to the frequency of abuse 2) the child told the social worker that he told stories all the time…

Reversed - DCF did not have reasonable cause to support a 51A report of neglect when the child made multiple inconsistent allegations, including that the Appellant locked him in his bedroom, and there was no independent evidence or witnesses to corroborate the child’s claims.

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…

Affirmed - DCF had reasonable cause to support the 51A decision for neglect against the Appellant (a professional driver of children to and from a special education program). The Appellant ("GP") failed to follow the established policy of the transportation company he worked for to ensure that all…

Affirmed - DCF had reasonable cause to support a finding of neglect because 1) child had 30 school absences during the 2015-2016 school year and was retained to repeat the second grade as a result 2) child had 32 excused and 19 unexcused absences during the 2016-2017 school year, absent for a total…

Reversed - DCF did not have reasonable cause to find neglect when, while there would typically be cause to believe neglect was present related to a child’s truancy, the truancy was directly related to special circumstances where (1) there was a change in psychiatric services to the child, (2) the…

Affirmed - DCF had reasonable cause to support a finding of educational neglect because 1) the Appellant grandmother and legal guardian failed to make any reasonable attempts to seek out the appropriate services to help the child and failed to make use of services when they were offered to her 2)…

Affirmed - DCF had reasonable basis for finding neglect where actions/inaction of Appellant Mother failed to provide for son’s minimally adequate care. Appellant Mother did not address (1) her child’s medical needs as recommended and necessary, including presentation of depressive/anxious symptoms…

Affirmed - Department’s decision to support allegations of neglect was reasonable where actions/inaction of appellant failed to provide for son’s minimally adequate care. Mother did not address (1) son’s medical needs as recommended and necessary, including presentation of depressive/anxious…

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…

Reversed - The Department’s finding of neglect was reversed due to insufficient evidence to support that appellant, the child’s grandmother, was a caretaker of the child at the time in question. The appellant arrived at the child’s school after she had been in a fight, but the child’s mother arrived…

Affirmed - DCF had reasonable cause to support a finding of neglect and abuse because 1) child was found to be credible because of the visible physical injury from being struck in the face, their level of distress after speaking to Appellant mother, and their siblings corroborated the same exact…

Reversed - DCF did not have reasonable cause to support a finding of neglect or physical abuse because 1) child who reported that Appellant mother swung a belt at him while yelling has a history of story telling based on the school staff's report 2) child gave three different versions of what…

Affirmed - DCF had reasonable cause to support a finding of neglect because 1) the children were exposed to discord in the chaotic home which led to them having behavioral and demeanor changes 2) the children were not up to date medically 3) their attendance in school was historically poor and…