Intellectual or developmental disability - child/young adult

Affirmed - DCF had sufficient evidence to take children away from Appellant Foster Parents where Appellant Foster Parents violated rules in a written and verbal agreement they made with DCF by physically disciplining the children.

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…

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,…

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…

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 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 had sufficient evidence to find neglect where Appellant Mother was aware of physical abuse by her boyfriend towards her twin children, one of whom was diagnosed with PTSD and displayed self-harm through burning and desire to burn down the school and family house, as well as harm the…

Reversed - DCF did not have reasonable cause to support a finding of neglect because 1) child's pediatrician stated the mark on child's hand looked like a low-grade burn 2) Appellant mother and step father had attempted to cover the hot valve in child's room 3) Appellants had attempted to find a new…

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 sufficient evidence to support allegations of sexual abuse by Appellant where testimony from the child/alleged victim was determined to be unreliable. The child only disclosed sexual abuse in an argument with her mother regarding sexual activity, and later struggled with…

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 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.

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 allegations of neglect and physical abuse against both Appellants where: (1) the child was lacking details or explanations in numerous statements regarding abuse and neglect; (2) the level of discipline via spanking with a belt was found to…

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 neglect finding after Appellant got into an argument with her 14-year-old daughter and hospitalized her following suicidal suggestions. The Hearing Officer found that while her actions may have been rash, Appellant was acting out of concern…

Reversed - DCF did not have reasonable cause to support a 51B decision of abuse where there were two conflicting reports about the altercation, one from the Appellant Mother and one from the 16-year-old child. The Appellant’s statements were deemed more credible because they were supported by facts…

Affirmed - DCF had reasonable cause to find neglect when an Appellant Father (1) engaged in domestic violence toward the mother with the child in the home; (2) had an alleged history of domestic violence; (3) maliciously injured a family pet; (4) caused fatal injury to said pet; (5) lacked…

Reversed - DCF did not have reasonable cause to believe that neglect had occurred when a parent behaved violently to protect a teenage child who (1) displayed behavioral issues; (2) placed herself in extremely dangerous situations; (3) had a history of sexually and other reckless behaviors; and (4)…

Reversed - A supported 51B decision can be reversed when a parent behaves violently to protect a teenage child who (1) displays behavioral issues; (2) places herself in extremely dangerous situations; (3) has a history of sexually and other reckless behaviors; and (4) has various disabilities, and…

Reversed - DCF did not have reasonable cause to support a finding of neglect against the Appellant where (1) the children were teenagers with disabilities, (2) the children’s mother and mother’s live-in boyfriend (Appellant) engaged in a one-time argument in front of the children, (3) the argument…

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…

Affirmed - DCF had sufficient evidence to support allegations of neglect where a child witnessed physical abuse perpetrated by Appellant Father against Mother, who disclosed the abuse to a mandated reporter. The child suffered from a neurological disorder, and the Hearing Officer determined that…

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…

Affirmed - DCF had reasonable cause to support a finding of physical abuse because 1) child, child's brother, and the Appellant mother all corroborated the same story that Appellant mother hit child with a belt 2) there was a clear injury on child's thigh as a result of being hit by the Appellant…

Reversed - DCF did not have reasonable cause to revoke the Appellant's foster care license because the Department's licensing reassessment did not clearly identify any failure by the Appellant to comply with specific licensing standards. In its decision to revoke her license, the Department cited…

Affirmed - DCF had reasonable cause to support the 51A Report for neglect where the Appellant (the child's father) failed to provide minimally adequate emotional stability and growth for his son by engaging in a contentious custody battle with the child's mother, where the Appellant and the child's…

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 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…

Reversed - DCF did not have reasonable cause to remove a child from a foster home or revoke the license of the Appellant Foster Parent where: (1) Appellant Foster Parent maintained a happy and safe environment for the children, (2) the children were unaware of drug use in the home, (3) the children…

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 did not have reasonable cause to support the 51A reports alleging neglect by the Appellant. While it was determined that the Appellant's words and actions towards the child (her son) were excessive and manipulative as the Appellant fought for custody with the child's biological…

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)…

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…

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…

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…

Affirmed - DCF had reasonable cause to support allegations of physical abuse against a youth facility employee where the employee engaged in a restraint/take-down that was against program policies, and the take-down resulted in injuries to a child. Accounts of the incident were corroborated by…

Reversed - DCF did not have reasonable cause to find neglect and sexual abuse when (1) the department failed to verify the information given and relied solely on the statements of the young adult alleged victim; (2)the young adult’s statements were not corroborated by anyone; (3) the Appellant…

Affirmed - DCF had a reasonable basis for closing the case and terminating the services of the young adult Appellant where Appellant was (1) unable to sustain the minimal expectations of either being employed or actively working toward earning his GED and (2) failed to follow the rules of his…

Affirmed - DCF had reasonable cause to support a neglect finding where the Appellant Mother was drinking to the point of intoxication over a three-week period while her child was asleep. The Hearing Officer also considered the child’s mental health issues and the child’s statement that she felt…

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…