Evidentiary issue - reliability of hearsay

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…

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…

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…

Reversed - DCF did not have reasonable cause to support the 51A report for neglect where the Department was unable to demonstrate that the Appellant posed danger to the child and/or substantial risk to the child's safety or well-being. There was a lack of clarity regarding the Appellant's history…

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…

Affirmed - DCF did have a reasonable cause to support a finding of neglect because allegations that Appellant inappropriately touched a patient were supported by more than by the patient's roommate and another member of the staff. There was also a lack of evidence that the patient had any reason to…

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…

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 make a finding of neglect and abuse where the Appellant mother (1) had a history of alleged abuse and escalating violent situations which routinely occurred in the home (2) police were called and the Appellant was determined to be the aggressor of an assault &…

Reversed - DCF did not have reasonable cause to support allegations of neglect by the Appellant's partner (the children's biological father) where no credible evidence was presented to suggest that the partner failed to provide the children with adequate care. The 51A reports filed against the…

Affirmed - DCF had reasonable cause to support a finding of neglect because the child's mother overdosed in Appellant grandmother's home and the child reported to her social worker that she saw her mother unconscious in the bathroom. The Appellant claimed that the child was not home, but DCF did not…

Reversed - DCF did not have reasonable cause to deny the Appellant's kinship foster care license. In reaching the decision that the Appellant failed to meet licensing standards, the Department relied on statements from one of the four children in the Appellant'a care (J) as well as statements from…

Reversed - DCF did not have a reasonable cause to support a finding of neglect because Appellant provided two sworn statements from her friends that she did not leave her children unsupervised while she was being baptized in the ocean during a Church event. Appellant also provided evidence that…

Affirmed - DCF had reasonable cause to support a finding of neglect where the Appellant parents: (1) asked their 16 year old daughter, who had her learner's permit, to be their designated driver (2) had a history of alcohol abuse and OUI charges (3) allegedly drove under the influence while the…

Affirmed - DCF did have reasonable cause to support a finding of neglect. The appellant mother and father engaged in a physical altercation with the father's ex-spouse, and ex-spouse's boyfriend, outside of their home which was witnessed by the appellant's eight month old child. While the father…

Reversed - DCF did not have reasonable cause to support the 51A decision for sexual abuse against the Appellant (biological father of children D and J). In an initial disclosure to a mandated reporter, D and J stated that they had played a game with the Appellant where all three of them took their…

Affirmed - DCF had reasonable cause to support the allegations of neglect where there was a history of the two subject children hearing and witnessing arguments, both verbal and physical, between their father and the Appellant, their father's girlfriend. Though the Appellant denies getting in…

Affirmed in part and reversed in part - DCF had reasonable cause to support a finding of neglect when the Appellant 1) disciplined his child in a manner and pattern incompatible with the child's fragile mental health condition and 2) showed a lack of regard for his child's significant mental health…