Neglect

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In the Matter of YS, FH# 2017-0062

Nicholas Holahan
Reversed - DCF did not have reasonable cause to believe that the child had been neglected when (1) there was an argument between Appellant Father, child’s mother, and child’s nurse at the home; (2) police were called; (3) the incident created a commotion that might have upset the infant child with…

In the Matter of DS & BS, FH# 2017-0078

Jorge F. Ferreira
Reversed - DCF did not have reasonable cause to support allegations of neglect and abuse where a child exhibited violent behavior, mental health issues, and drug use; and where Appellants physically defended themselves from the child without causing substantial injury. The child was not considered…

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 LB & MW, FH# 2017-1390

Anne L. Dale Nialetz
Reversed - DCF did not have reasonable cause to support a finding of neglect. DCF did not adequately show that the Appellant mother, who had a history of mental health problems, failed to fulfill the children's basic needs including: food, clothing, shelter, and medical care. As such the department…

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 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 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 MF & VM, FH# 2017-1329

Jorge F. Ferreira
Affirmed - The Department's had reasonable cause to support a finding of neglect because 1) there was sufficient evidence an emotional impact on the children of fear of Appellants physically disciplining them 2) the Appellants minimized sexual abuse of a child 3) the Appellants had poor judgement…

In the Matter of PS, FH# 2017-1334

Laureen Decas
Reversed - DCF did not have reasonable cause to support a finding of neglect because 1) the appellant took actions necessary to provide the child with minimally adequate food, clothing, shelter, medical care, supervision, emotional stability and growth, and other essential care 2) the Department's…

In the Matter of ER, FH# 2017-1193

Nicholas Holahan
Reversed - DCF did not have a reasonable cause to support a finding of neglect because allegations that Appellant mother was intoxicated in front of her children and exposed her children to violence were not corroborated or verified. The Appellant asserted that the anonymous 51A report was filed by…

In the Matter of JB, FH# 2017-0169

Anastasia King
Affirmed - DCF had reasonable cause to support the 51A decision for both sexual abuse and neglect against the Appellant (biological father). The Appellant, who is divorced from his children's mother, arrived to the area to visit his children, aged 9 and 12, for the holidays in December. The…

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 KA, FH# 2017-0087

Carmen Colon
Affirmed - DCF had reasonable cause to believe that the child had been neglected where a staff member at a DCF Care and Protection program failed to properly supervise a 17-year old resident and he sexually abused his roommate. The appellant failed to properly monitor the residents and perform room…

In the Matter of RT, FH# 2017-1356

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support a finding of neglect because (1) there was a lack of credible evidence as to the child's location during the parents' physical altercation (2) the hearing officer was unable to conclude if the Appellant's actions of engaging in a physical…

In the Matter of PR, FH# 2017-1399

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support a finding of neglect by the children's Appellant mother where although the mother threatened to kick out the children when they turned 18 years old this neither posed a substantial risk to their safety or wellbeing, nor did it present a…

In the Matter of EB, FH# 2017-1248

Maura E. Bradford
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…

In the Matter of AA, FH# 2017-1384

Maura E. Bradford
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…

In the Matter of KH & SC, FH# 2017-1381

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support a finding of neglect because there was no evidence that Appellant's testing positive for marijuana after her child's birth placed her child in danger or posed a substantial risk to the child's safety or well-being.

In the Matter of DF, FH# 2017-0692

Lisa Anne Henshall
Reversed - DCF did not have a reasonable cause to support a finding of neglect because there was insufficient evidence that Appellant mother's marijuana use during pregnancy placed her newborn child in danger and posed a substantial risk to the child's safety and well-being. While there was evidence…

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 AOG, FH# 2017-1347

Anne L. Dale Nialetz
Reversed - DCF did not have reasonable cause to support a finding of neglect. DCF originally determined that the Appellant mother was suffering from post-partum depression in 2006 and had expressed a potential urge to harm her child. However, at the time of the hearing there was no evidence that the…

In the Matter of NB, FH# 2017-0960

Linda A. Horvath
Affirmed - DCF had a reasonable cause to support a finding of neglect because the children (aged 8 and 11) reported witnessing physical confrontations between Appellant father and their mother. Appellant had stopped taking psychiatric medications and was criminally charged for assault of the…

In the Matter of HA, FH# 2017-1210

Linda A. Horvath
Affirmed - DCF did have reasonable reasonable cause to support a finding of neglect. The Department provided sufficient evidence that the appellant mother was misusing her child's Adderall prescription and had a history of alcohol abuse in the presence of the children. Moreover, DCF showed that the…

In the Matter of LF, FH# 2017-0314

Laureen Decas
Reversed - DCF did not have reasonable cause to support allegations of neglect where: (1) children had been exposed to Appellant’s arguments with the father but there was no evidence of emotional impact on them; and (2) Appellant panicked and called police over a verbal argument due to past…

In the Matter of CP, FH# 2017-0701

Lisa Anne Henshall
Reversed - DCF did not have a reasonable cause to support a finding of neglect because there was no evidence to indicate that Appellant mother did not provide her newborn child with minimally adequate care, or that her marijuana use during pregnancy placed her child in danger or posed a substantial…

In the Matter of HR, FH# 2017-0283

Lisa Anne Henshall
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…

In the Matter of SG, FH# 2017-0289

Lisa Anne Henshall
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…

In the Matter of WL & CL, FH# 2017-0245

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support a 51A report of neglect and physical abuse when the child disclosed physical abuse arising from play-fighting, her Appellant Father’s alcohol use, and the question of her Appellant Mother’s mental health; the disclosures lacked corroboration…

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 CV, FH# 2017-0579

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support a finding of abuse or neglect because 1) the evidence showed that the child closed his sister's fingers in a doorjamb accidentally and Appellant father forcefully albeit reactively and unintentionally pushed the child out of the way leading to…

In the Matter of ST & RJ, FH# 2017-0029

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support allegations of neglect against Appellant Parents where the decision was based on Appellant Mother’s history of mental health diagnoses and Appellant Father and wife’s previous out of state child services case histories. It was determined that…

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 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 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 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 KZ, FH# 2017-1212

Laureen Decas
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 &…

In the Matter of WW, FH# 2017-0608

Laureen Decas
Affirmed - DCF had a reasonable cause to support a finding of neglect because evidence supported that verbal and physical fighting was ongoing between the Appellant father and his wife while their ten-month old child was present. Appellant and his wife had a history of domestic violence. By exposing…

In the Matter of LH, FH# 2017-1386

Carmen Temme
Affirmed - DCF had reasonable cause to find neglect because 1) the Appellant failed to secure/dispense the child's prescribed medication 2) the Appellant failed to fill the child's medication for six months 3) the Appellant was aware of their child's mental health concerns including a previous…

In the Matter of DP & JM, FH# 2017-0595

Laureen Decas
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…

In the Matter of CB & IB, FH# 2017-0337

Maura E. Bradford
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…

In the Matter of JR & KR, FH# 2017-1134

Jorge F. Ferreira
Reversed - DCF did not have a reasonable cause to support a finding of neglect because neither Appellant mother nor the subject child tested positive for illicit substances at the time of delivery, and there was no evidence that Appellant mother's illicit methadone use during early pregnancy placed…

In the Matter of LM, FH# 2017-0501

Nicholas Holahan
Reversed - DCF did not have reasonable cause to support a finding of neglect because 1) Appellant mother, although she had a history of drug abuse and prior finding of neglect during that time, took a drug test which only came back positive for marijuana which she has a medical card for 2) the…

In the Matter of LO, FH# 2017-0055

Carmen Colon
Affirmed - DCF had reasonable cause to support allegations of neglect against Appellant Mother where a child (1) was exposed to domestic violence and substance use; (2) needed to be kept away from Appellant, who experienced aggressive mental breakdowns resulting from arguments with the father; and…

In the Matter of AR, FH# 2017-0043

Carmen Temme
Reversed - DCF did not have reasonable cause to support a neglect finding where Appellant: (1) made several attempts to contact the child’s parent; (2) told other adults that she was leaving; and (3) left the child with another adult before leaving the house.

In the Matter of FH, FH# 2017-0190

Lisa Anne Henshall
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…

In the Matter of EL, FH# 2017-0271

Carmen Temme
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…

In the Matter of DZ & SCZ, FH# 2017-1224

Lisa Anne Henshall
Affirmed - DCF had reasonable cause to support a finding of neglect and physical abuse. The Appellants, the guardians of the reported children, disputed the allegation of physical abuse. However, a police report and corroborating eyewitness statement provided sufficient evidence that the Appellants…

In the Matter of MK, FH# 2017-0034

Antonia Chronis, Esq.
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…

In the Matter of JW, FH# 2017-0108

Antonia Chronis, Esq.
Reversed - DCF did not have reasonable cause to support findings of neglect where Appellant Father had a domestic dispute with the children’s mother that involved yelling, swearing, and threatening gestures. The incident did not place the children in immediate danger or pose a substantial risk to…

In the Matter of NN & DN, FH# 2017-0179

Lisa Anne Henshall
Reversed - DCF did not have reasonable cause to support a finding for neglect because 1) although Appellants had failed to officially enroll the child for home schooling they did not provide evidence that the child's educational needs were not being met 2) when Appellants were informed of the steps…